Jason Daley
JJD Photography
Tel: 07580 261816
www.jjdphotography.co.uk
______________________________________________________ __________

Terms and Conditions for the Supply of Photography Services1. Definitions

‘Client’

Contract.

‘Charges’

Quotation

‘Contract’

these

‘Document(s)’

the recipient of the services under and named in the

the Supplier’s standard charges set out in the company’s and/or Contract.

the contract between the Supplier and the Client incorporating terms and conditions dated 28 April 2019.

any photographs, videos, documents, papers, plans, charts, tapes, cassettes, disks, USB

capable of storing images or

any documents supplied by one party to another relating to the Service.

the service(s) to be provided to the Client by the Supplier in the Contract.

JJD Photography
these general terms and conditions

drawings, tables,
keys, formulae or other devices data.

‘Material(s)’ ‘Service(s)’

referred to

‘Supplier’ ‘Terms’

Note: In these definitions and throughout the Terms the singular includes the plural and vice versa.

2. Supply

2.1 The Service is provided in accordance with the details set out in the Contract and subject to these Terms.

1

Jason Daley
JJD Photography
Tel: 07580 261816
www.jjdphotography.co.uk
______________________________________________________ __________

2.2 The Client will supply any items necessary for the photo/video shoot at their own risk in order for the required Service to be provided.

2.3 The Client must take measures to insure any items they provide to the Supplier, against accidental loss or damage whilst in the possession of the Supplier.

2.4 The Supplier may alter the Contract and these Terms at any time, if necessary, to comply with any relevant safety or other statutory requirements, or which do not materially affect the nature or quality of the Service.

3. Payment

3.1. Subject to any special terms agreed in the Contract, the Client shall pay a deposit of

20% of the full Service price quoted, in advance of the commencement of Service.

  1. 3.2.  The Supplier will submit an invoice for the outstanding balance to the Client once the service has been completed, which the Client must pay in full within 14 days of receipt.

  2. 3.3.  Once payment has been received by the Supplier, the Supplier will submit a receipt for payment to the Client.

2

Jason Daley
JJD Photography
Tel: 07580 261816
www.jjdphotography.co.uk
______________________________________________________ __________

  1. 3.4.  The Charges may be varied by the Supplier from time to time on reasonable notice to the Client.

  2. 3.5.  All charges quoted are exclusive of VAT.

4. Ownership

4.1 All intellectual Property rights remain with the Supplier unless a specific written agreement changing Intellectual Property rights is made between the Supplier and the Client.

4.2 Photographs or images resulting from photo/video shoots may be used by the Supplier for promotion purposes with the permission of the Client.

4.3 Photographs and/or images may be deleted from the Supplier’s computer hard drive after three months following the completion of the Service.

4.4 The Client may be required to sign a confidentiality agreement with the Supplier to safeguard any information considered by the Supplier to be confidential.

3

Jason Daley
JJD Photography
Tel: 07580 261816
www.jjdphotography.co.uk
______________________________________________________ __________

5. Warranties and Liability

5.1. The Supplier warrants that the Service will be provided using reasonable care and skill and, as far as reasonably possible, in accordance with the Contract.

5.2 Subject as expressly provided in these Terms, all warranties, conditions or other terms implied by statute or common law, are excluded to the fullest extent permitted by law, and the Supplier shall not be liable to the Client for any indirect, special or consequential loss or damage (whether for loss of profit or otherwise), costs, expenses or other claims for compensation whatsoever (whether caused by the negligence of the Supplier, its employees, contractor or agents or otherwise) whether arising out of, or in connection with the supply of the Service.

5.3 Notwithstanding clause (5.2), the entire liability of the Supplier under or in connection with any contract shall not exceed the total charges, provided that nothing in the Terms shall exclude or limit the Supplier’s liability for death or personal injury caused due to its negligence.

5.4 The Supplier shall not be liable to the Client, or in breach of contract, if the Supplier delays in performing, or fails to perform, any of its obligations to the Client, if that delay or failure was beyond the Supplier’s reasonable control.

6. Termination

6.1 Both the Supplier and the Client may terminate the contract at any time by giving 1 week’s notice. Termination must be given in writing.

6.2 Either party may (without limiting any other remedy) at any time terminate the contract by giving written notice to the other if the other commits any breach of these conditions and (if capable of remedy) fails to remedy the breach within 7 calendar days after being required by written notice to do so, or if the other party goes into liquidation, or (in the case of an individual or firm) becomes bankrupt,

4

Jason Daley
JJD Photography
Tel: 07580 261816
www.jjdphotography.co.uk
______________________________________________________ __________

makes a voluntary arrangement with his/her (or its) creditors, or has a receiver or administrator appointed.

7. Consequences of Termination

7.1 Materials, documents, confidential information, Intellectual Property, etc that are released to, or generated by, the Supplier during the Contract relating to the Services remain the property of the Supplier should the Contract be terminated for any reason by either the Supplier or Client.

7.2 Should the Contract be terminated for any reason any confidentiality agreement made between the Supplier and the Client will remain in force.

8. Other

8.1 The Contract and Terms constitute the entire agreement between the parties, supersede any previous agreement or understanding, and may not be varied except in writing between the parties. All other terms and conditions, express or implied by statute or otherwise, are excluded to the fullest extent permitted by law.

8.2 Any notice required or permitted to be given by either party to the other under the Terms or the Contract shall be in writing, addressed to the other party at its registered office or principal place of business, or such other address in England or Wales as may at the relevant time have been notified pursuant to this provision to the party giving the notice.

8.3 No failure or delay by either party in exercising any of its rights under the Terms or the Contract shall be deemed to be a waiver of that right, and no waiver by other party of any breach of the Terms or the Contract by the other shall be considered as a waiver of any subsequent breach of the same or any other provision.

8.4 If any provision of these Terms or the Contract is held by any competent authority to be invalid or unenforceable in whole or part, the validity of the other

5

Jason Daley
JJD Photography
Tel: 07580 261816
www.jjdphotography.co.uk
______________________________________________________ __________

provision of the Terms or the Contract and the remainder of the provision in question shall not be affected.

8.5 Any dispute or difference arising out of, or in connection with, this Agreement shall be determined in accordance with the Chartered Institute of Arbitrators Rules (2015 edition) by a single arbitrator to be agreed between the parties, or failing agreement within 14 days after either party has given to the other a written request to concur in the appointment of an arbitrator, to be appointed by the President or a Vice President of the Chartered Institute of Arbitrators.

8.6 The Contracts (Rights of Third Parties) Act 1999 shall not apply to this Contract and no person who is not a party to this Contract (other than a successor in title to one of the original parties) shall be entitled in that person’s own right to enforce any provision of this Contract pursuant to the provisions of the said Act.

8.7 English law applies to the Contract and the Terms, and the parties hereby submit to the non-exclusive jurisdiction of the English courts.

 

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