All of the images here on this website are the copyright of Tomás M. MacDonald-Wilson eyeconPHOTOGRAPHY and covered by copyright law of the United Kingdom
and may not be used, in any way, without written permission from eyeconPHOTOGRAPHY .
T & Cs
Terms and Conditions of Business:
1. The following words or expressions shall have the meanings stated:
: Tomas M. MacDonald-Wilson trading, as eyeconPHOTOGRAPHY.
”: the person identified as the customer on a Booking Form and/or a person expressing interest in a product.
”: a form (whether or not printed on the reverse of these Terms and Conditions) completed by the Customer by which the Customer instructs the Photographer to create Material.
”: all photographs, prints, transparencies, images, negatives, digital scans, digital files, design, artwork, montages, drawings, engravings and/or any other photographic product or other products comprising of or containing reproduction of any form of photographic material which has been created by the Photographer.
: any request, order, commission or instruction by or on behalf of the Customer for the creation of Material by the Photographer.
” means the cost of an Order.
2. Any work of any description undertaken by the Photographer pursuant to an Order shall be subject to these Terms and Conditions.
3. Copyright in all Material is retained worldwide by the Photographer at all times and nothing shall be deemed as a release, transfer, assignment or other disposal of the Photographer’s rights in the Material.
3.1 specifically set out in these Terms and Condition or
3.2 may otherwise be agreed by the Photographer in writing.
4. In consideration of the Price, the Photographer will undertake such work as is necessary to fulfill the requirements of an Order.
4.1 In consideration of the Photographer’s agreement in paragraph 4. above the Customer will pay the Price in accordance with the provisions set out in paragraph 5 below.
5. An Order shall be subject to the following provisions:
5.1 The Photographer shall be entitled to require a deposit payment of 50% on account of the price in such sum as may be agreed between the Photographer and the Customer prior to the taking of any steps to create any Material.
5.2 In the event of a cancellation of an Order by the Customer, in addition to any entitlement to claim damages for losses arising from such cancellation the Photographer shall, in any event, be entitled to retain the deposit paid or another agreed amount.
5.3 The Photographer shall be entitled to agree to regard any Order that is not evidenced in writing as invalid.
5.4 The Photographer licenses the Customer to utilise the Material produced as a result of the Customer’s Order to the extent set out in writing between the Customer and the Photographer. Any breach of this license shall automatically revoke the therefore mentioned license without the need for further notification from the Photographer.
5.5 Unless agreed otherwise in writing between the Photographer and the Customer, the Photographer is entitled to utilise Material ordered by the Customer for the advertising, marketing, and promotion of the Photographer’s business.
5.6 The Photographer shall be entitled to sub-contract his obligations under an Order at his discretion.
5.7 Unless otherwise agreed between the Customer and the Photographer, the Photographer shall be entitled to use his judgment regarding the style and artistic input in the production of Material.
5.8 The Photographer shall not be liable to the Customer for any failure, in whole or in part, to fulfill his obligations under an Order where failure arises as a result of an event or circumstances beyond his control, which may include (but are not limited to) equipment failure, inclement weather, sudden illness, injury or death.
5.9 On completion of the Photographer’s obligations under an Order, the Photographer shall deliver an invoice* for the Price to the Customer and the Customer shall pay the Price (or any balance of it) within 28 days of the date of the invoice. Any sum outstanding after the expiry of 30 days shall have the following consequences:
5.9.1 Interest at a rate of 4% per annum above the base rate of TSB Bank plc shall accrue in respect of any outstanding sum.
5.9.2 Any license granted by the provisions of paragraph 5.4 above shall be automatically revoked and shall only be capable of reinstatement upon payment of any outstanding sum plus interest and any other costs incurred by the Photographer.
6. The contractual relationship between the Photographer and the Customer shall be governed by the laws of ENGLAND.
7. An Order, as evidenced by information on the Booking Form and as governed by and together with these Terms and Conditions shall form the entire agreement between the Photographer and the Customer, save as otherwise agreed in writing.
8. When on location weather half day (6 hours) or full day (10 hours) the photographer and or any person/s contracted directly by eyeconPHOTOGRAPHY are entitled to rest breaks.
These rest breaks will consist of one 30min rest break per half day hire (6 hours) or one 1 hour or two 30min rest break/s per full day hire (10 hours)
The rest breaks will not be charged to the client and are taken on top of the hire time.
9. All contracts will only be agreed once any risk assessment/s and or method statement/s have been seen and discussed.
10. All contracts that do not fall within the United Kingdom Health and Safety at Work etc. Act 1974 will ONLY be signed at the discretion of the photographer once all details of the hire have been fully read.
Please see HSE link for details Health & Safety Executive
(Please note that this may incur additional insurance charges that the client will be payable)
11. eyeconPHOTOGRAPHY hold a zero tolerance towards any abuse/harassment of their staff whether this be verbal, threatening, sexual or physical. If for any reason any of our staff whether directly working for or contracted to eyeconPHOTOGRAPHY feel uncomfortable and or threatened/attacked any contract will be terminated with the client with immediate effect.
12. Please note that eyeconPHOTOGRAPHY will not supply and or license any image/s material to be used in/by 'The Sun' daily tabloid whatsoever.
The privacy and security of your personal information is our priority. eyeconPHOTOGRAPHY is committed to protecting your privacy and will never disclose your personal details to anybody. We use the information you provide to complete orders, keep you informed of the progress of your order and to send you further information*. Your personal information will never be passed on to third parties in any way.
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[b] © Copyright eyeconPHOTOGRAPHY 2011 - 2018 all rights reserved
(Last updated (01/01/2018)