If there is anything you are unsure of or have questions about our terms and conditions of business then please don't hesitate to contact us via phone or email in the contact section and we will be happy to answer any questions you have.
All of the images, motion pictures and audio here on this website are the copyright of eyeconPHOTOGRAPHY & PRODUCTION and covered by copyright laws of The Republic of Ireland
and may not be used, in any way, without written permission from eyeconPHOTOGRAPHY & PRODUCTION.
The primary legislation governing copyright in Ireland is the Copyright and Related Rights Act, 2000
T & Cs
Terms and Conditions of Business:
eyeconPHOTOGRAPHY & PRODUCTION
1. The following words or expressions shall have the meanings stated:
: Tomas M. MacDonald-Wilson trading, as eyeconPHOTOGRAPHY & PRODUCTION
”: the person and/or company identified as the client on a Booking Form and/or a person/company 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 eyecon PHOTOGRAPHY & PRODUCTION to create Material.
”: all photographs, prints, transparencies, images, negatives, digital scans, digital files, design, artwork, montages, drawings, engravings, motion pictures, audio 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 eyecon PHOTOGRAPHY & PRODUCTION
: any request, order, commission or instruction by or on behalf of the Customer for the creation of Material by eyecon PHOTOGRAPHY & PRODUCTION
” means the cost of an Order.
2. Any work of any description undertaken by eyecon PHOTOGRAPHY & PRODUCTION pursuant to an Order shall be subject to these Terms and Conditions.
3. Copyright in all Material is retained worldwide by the eyecon PHOTOGRAPHY & PRODUCTION at all times and nothing shall be deemed as a release, transfer, assignment or other disposal of eyecon PHOTOGRAPHY & PRODUCTION rights in the Material.
3.1 specifically set out in these Terms and Condition or
3.2 may otherwise be agreed by eyecon PHOTOGRAPHY & PRODUCTION in writing.
4. In consideration of the Price, eyecon PHOTOGRAPHY & PRODUCTION will undertake such work as is necessary to fulfill the requirements of an Order.
4.1 In consideration of eyecon PHOTOGRAPHY & PRODUCTION 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 eyecon PHOTOGRAPHY & PRODUCTION shall be entitled to require a deposit payment of 50% on account of the price in such sum as may be agreed between eyecon PHOTOGRAPHY & PRODUCTION 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 eyecon PHOTOGRAPHY & PRODUCTION shall, in any event, be entitled to retain the deposit paid or another agreed amount.
5.3 eyecon PHOTOGRAPHY & PRODUCTION shall be entitled to agree to regard any Order that is not evidenced in writing as invalid.
5.4 eyecon PHOTOGRAPHY & PRODUCTION 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 eyecon PHOTOGRAPHY & PRODUCTION. Any breach of this license shall automatically revoke the therefore mentioned license without the need for further notification from eyecon PHOTOGRAPHY & PRODUCTION.
5.5 Unless agreed otherwise in writing between eyecon PHOTOGRAPHY & PRODUCTION and the Customer,eyecon PHOTOGRAPHY & PRODUCTION is entitled to utilise Material ordered by the Customer for the advertising, marketing, and promotion of the eyecon PHOTOGRAPHY & PRODUCTION business.
5.6 eyecon PHOTOGRAPHY & PRODUCTION shall be entitled to sub-contract obligations under an Order at their discretion.
5.7 Unless otherwise agreed between the Customer and eyecon PHOTOGRAPHY & PRODUCTION.
eyecon PHOTOGRAPHY & PRODUCTION shall be entitled to use their judgment regarding the style and artistic input in the production of Material.
5.8 eyecon PHOTOGRAPHY & PRODUCTION 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 their control, which may include (but are not limited to) equipment failure, inclement weather, sudden illness, injury or death.
5.9 On completion of the obligations under an Order, eyecon PHOTOGRAPHY & PRODUCTION shall deliver an invoice* for the Price to the Customer and the Customer shall pay the Price (or any balance of it) within 14 days of the date of the invoice. Any sum outstanding after the expiry of 30 days past the invoice date shall have the following consequences:
5.9.1 Interest at a rate of 4% above the base rate of Bank of Ireland 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 eyecon PHOTOGRAPHY & PRODUCTION.
6. The contractual relationship between eyecon PHOTOGRAPHY & PRODUCTION and the Customer/client shall be governed by the laws of the Republic of Ireland
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 eyecon PHOTOGRAPHY & PRODUCTION and the Customer, save as otherwise agreed in writing.
8. When on location be it half day (6 hours) or full day (12 hours) eyecon PHOTOGRAPHY & PRODUCTION 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 (12 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 Safety, Health and Welfare at Work Act 2005 will ONLY be signed at the discretion of eyeconPHOTOGRAPHY & PRODUCTION once all details of the hire have been fully read.
(Please note that this may incur additional insurance charges that the client will be payable)
11. eyeconPHOTOGRAPHY & PRODUCTION 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 either directly working for or contracted to eyeconPHOTOGRAPHY & PRODUCTION feel uncomfortable and or threatened/attacked any contract will be terminated with the client with immediate effect.
The privacy and security of your personal information is our priority. eyeconPHOTOGRAPHY & PRODUCTION 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 whatsoever.
A cookie is a small data file that certain websites write to your hard drive when you visit them. The only personal information a cookie can obtain is information a user supplies him or herself. A cookie cannot read data from your hard disk or read cookie files created by other sites. Cookies, however, enhance our website performance in a number of ways, including providing a secure way for us to verify your identity during your visit to our website and personalising your experience on our site, making it more convenient for you.
A copy of these terms is available in print (hard copy) upon request.
Terms and Conditions are reviewed and checked annually on the 1st day of January each year.
© Copyright eyeconPHOTOGRAPHY & PRODUCTION 2006 - 2023 all rights reserved
(Last updated (01/01/2023