Craig McKay Photography Terms & Conditions
Terms & Conditions
1. Definitions
a) “Craig McKay Photography” means Craig McKay as an individual Sole Trader
b) “The Client” means the party purchasing the goods or services from Craig McKay Photography.
c) “Goods and services” means any photographic services and/or goods (including electronic digital data images) supplied by Craig McKay Photography.
d) “Contract” means any contract between The Client and Craig McKay Photography for the supply of goods and services
2. Formation of Contract; exclusion of other terms
a) The client’s written or verbal confirmation that it wishes Craig McKay Photography to supply the goods and services will result in the formation of a binding contract on these terms.
b) Unless otherwise agreed in writing by Craig McKay Photography, all Contracts will be on these terms to the exclusion of all other terms, including those proposed by The Client.
3. Fees, Expenses and Cancellations
a) All fees quoted by Craig McKay Photography are exclusive of Value Added Tax. Value Added Tax is not applicable to any goods or services supplied by Craig McKay Photography.
b) Unless otherwise stated at the time of quotation, any fee quoted by Craig McKay Photography is exclusive of Craig McKay Photography’s charge for expenses incurred in Supplying the Goods and Services. The client will pay such charge in addition to the fee. Such expenses may include, but will not be limited to, travelling, raw materials, post-production, delivery, accommodation and subsistence.
c) Craig McKay Photography may quote fees as an hourly, daily or half daily rate or as a rate specific to the contract in question. Any fees quoted by Craig McKay Photography as a daily rate is on the basis of an eight hour day.
d) Craig McKay Photography reserves the right to exceed any fee quoted if either:
i. Craig McKay Photography agrees to supply the goods and services on a different date or at a different time than originally agreed with the client.; or
ii. Any additional goods and services or variations to the services are required by the client of which Craig McKay Photography was not aware at the time of quotation.
iii. If, as a result of any unforeseen circumstances outwith the control of Craig McKay Photography, the contract takes longer to perform than originally anticipated at the date of quotation, Craig McKay Photography reserves the right to charge an additional rate in line with the 50% of the standard hourly rate until the contract has been completed. Craig McKay Photography will be reasonable and flexible with regard to overtime but does reserve the right to charge at it’s discretion in line with the above. (Hourly and daily rates available on website http://www.art24six.co.uk/commercial_photography_rates.html)
e) If the client cancels the contract:
i. More than four weeks before Craig McKay Photography was due to begin supplying the goods and services, the client will, at the discretion of Craig McKay Photography, pay twenty five percent (25%) of the fee quoted.
ii. Less than four weeks, but more than one week before Craig McKay Photography was due to begin supplying the goods and services, the client will, at the discretion of Craig McKay Photography, pay fifty percent (50%) of the fee quoted.
iii. Less than one week before Craig McKay Photography was due to begin supplying the goods and services, the client will, at the discretion of Craig McKay Photography pay one hundred percent (100%) of the fee quoted.
In each case, the client will also pay Craig McKay Photography’s charge for any expenses relating to the contract incurred before the date of cancellation.
4. Deadlines
Craig McKay Photography will use their reasonable endeavours to meet any deadlines agreed with the client for the supply of the goods and services, but time shall not be of the essence. Consequently, the client will not be entitled to terminate the contract or treat it as discharged if Craig McKay Photography fails to meet a deadline agreed with the client.
5. Payment; Acceptance
a) Unless otherwise stated, the client will settle Craig McKay Photography’s invoices within 30 days of the date of the invoice. Once settled all payments are non-refundable.
b) If payment is not received by Craig McKay Photography in full by the date due, Craig McKay Photography may, without prejudice to any other rights Craig McKay Photography may have:
i. Charge interest on the outstanding amount at the rate of three percent above the base rate (both before and after judgement); and/or
ii. Suspend their work under any Contract.
c) The client will be deemed to have accepted the goods and services and the related invoice, unless The Client notifies Craig McKay Photography in writing within seven days of the date of the invoice.
6. Copyright; ownership
a) All copyright arising in any photographic works produced by Craig McKay Photography, including copyright in any photographic works comprised of digital data images, will always be owned by Craig McKay Photography. Subject to The Client paying Craig McKay Photography's fees and any other charges and complying fully with the terms of the Contract, ownership of all prints and Digital Files (but not ownership of the copyright in the photographic works or of any negatives or transparencies) will pass to The Client on delivery and Craig McKay Photography will grant The Client a licence to use, reproduce and publish copyright works produced by Craig McKay Photography for The Client under the Contract in such a manner and for such purposes as The Client and Craig McKay Photography have agreed. In the absence of such agreement, The Client shall not use, reproduce or publish the copyright works, copies of the prints or any Digital Files without the prior written permission of Craig McKay Photography, neither shall The Client send or transfer the copyright works, copies of the prints or any Digital Files to others or permit others to use, reproduce or publish them. Ownership of all negatives and transparencies will always remain with Craig McKay Photography
b) The Client acknowledges Craig McKay Photography's right (as the owner of the copyright in all copyright works produced by Craig McKay Photography for The Client under the Contract) to use, reproduce, sell and publish all such copyright works for the purposes of their own portfolio or for other promotional or commercial purposes.
7. Limitation of liability
a) Craig McKay Photography will use all reasonable skill and care in supplying the Goods and Services.
b) In respect of Goods and Services provided to The Client electronically, Craig McKay Photography shall have no liability arising out of:
i. the colour accuracy of electronic digital data images downloaded or reproduced from digital files; The Client shall be responsible for checking and approving of the quality of all digital data images/ photographs provided by Craig McKay Photography prior to printing;
ii. corruption, distortion, partial or total loss of electronic digital data images from digital files provided by Craig McKay Photography; The Client recognises and understands that according to the current status of technological development, error-free use of hardware, software and other user interfaces cannot be guaranteed;
iii. degeneration of stored electronic digital data image quality, partial loss of stored electronic digital data image quality or total loss of electronic digital data images stored on digital files;
iv. electronic computer viruses introduced to The Client's hardware, software or other user interfaces by digital files provided by Craig McKay Photography; The Client shall be responsible for ensuring that no electronic computer virus is transmitted to any computer, hardware, software, website, network or other user interface and Craig McKay Photography shall have no liability whatsoever.
c) Subject to 7(e) below, Craig McKay Photography will not be liable for any consequential, indirect or economic loss (including, without limitation, loss of profits, opportunity or bargain), whether arising from breach of the Contract, any tortuous act or omission (including, without limitation, negligence) or breach of any statutory duty.
d) Subject to 7(e) below, the liability of Craig McKay Photography for any direct loss. whether arising from breach of the Contract, any tortuous act or omission (including, without limitation, negligence) or breach of any statutory duty shall be limited to Craig McKay Photography's fee for the Services and Goods in relation to which such loss arises; Craig McKay Photography shall have no liability to re-shoot or otherwise provide any further Services and Goods.
e) Nothing in these terms shall exclude, limit or be deemed to exclude or limit Craig McKay Photography's liability for death or personal injury caused by their negligence or the negligence of those for whom Craig McKay Photography is responsible.
f) All warranties, conditions or other terms implied by statute or common law are excluded to the fullest extent permitted by law. Except in the case of death or personal injury caused by Craig McKay Photography's negligence, or the negligence of those for whom Craig McKay Photography is responsible, Craig McKay Photography will not be liable to the Customer by reason of any representation, implied warranty, condition or other term, any duty or common law under the express terms of the contract, for any consequential loss or damage (whether for loss of profit or otherwise), costs, expenses or other claims for consequential compensation whatsoever (whether caused by Craig McKay Photography's negligence or otherwise) which arises out of, or in connection with the Goods or Services.
The terms and provisions of their contract are in addition to all Craig McKay Photography's rights of general law, none of which shall be limited, in any way whatsoever. Failure, on Craig McKay Photography's part, to exercise, or any delay in exercising, any of Craig McKay Photography's rights shall not be deemed to be a variation of their or any subsequent contract, nor shall they adversely affects those rights in any way whatsoever.
If any provision of their agreement shall be found by any court or administrative body of competent jurisdiction to be invalid or unenforceable, the invalidity or unenforceability of such provisions shall not affect the other provisions of their agreement and all provisions not affected by such invalidity or unenforceability shall remain in full force and effect. The parties thereby agree to attempt to substitute for any invalid or unenforceable provision a valid or enforceable provision which achieves. to the greatest extent possible, the economic, legal and commercial objectives of the invalid or unenforceable provision.
8. Permissions, consents and authorisations
a) The Client confirms and undertakes to Craig McKay Photography that The Client has obtained all permissions, consents and authorisations necessary for Craig McKay Photography to supply the Services and Goods, including, without limitation:
i. consent to be photographed from all models, guests or other individuals whom Craig McKay Photography may photograph:
ii. permission to take photographs of or at the relevant venue; and
iii. authorisation to photograph and reproduce any copyright works, design right works and trademarks which Craig McKay Photography may photograph.
b) The Client thereby undertakes to indemnify and keep indemnified Craig McKay Photography against all claims. actions, losses, damages, costs and expenses (including, without limitation, reasonable legal costs and expenses) suffered or incurred by Craig McKay Photography as a result of any breach by The Client of 8(a) above
9. Force Majeure
a) Craig McKay Photography will be released from their obligations under the Contract to the extent that their performance thereof is delayed, hindered or prevented by circumstances which are not within their reasonable control. including, without limitation. acts or restraints of governments or public authorities, riot or civil commotion, strikes, failure of supplies of power, fuel, transport, equipment or other goods or services, vandalism or criminal damage and explosion, fire, flood or natural disaster, or their ability to effectively attend at a shoot or process photographs by reason of illness or mental or physical incapacity, whether of themselves or their representatives.
b) Without limiting 9(a) above, Craig McKay Photography will use all reasonable skill and care in selecting reputable photographic laboratories to process and store negatives, transparencies and prints and in storing negatives, transparencies and prints but Craig McKay Photography shall not be liable for any damage or loss resulting from circumstances which are not within their control, whether or not referred to in Clause 9(a) above
c) Without limiting 9(a) above, Craig McKay Photography will use all reasonable skill and care in selecting reputable digital storage devices to store digital negatives but Craig McKay Photography shall not be liable for any damage or loss resulting from circumstances which are not within their control, whether or not referred to in Clause 9(a) above.
10. Delivery
Craig McKay Photography will deliver the digital images, finished pictures or negatives to such premises within the United Kingdom as The Client specifies. Risk in the pictures passes on arrival at those premises If The Client collects the Goods, risk passes on them passing out of Craig McKay Photography's control Craig McKay Photography selects the method of delivery.
11. Governing law
The Contract will be governed by the laws of England and Wales. The Client and Craig McKay Photography irrevocably submit to the jurisdiction of the Courts of England and Wales.