Terms & Conditions

 

IMPORTANT INFORMATION – PLEASE READ THESE TERMS CAREFULLY BEFORE USING THIS SITE!

Pease read these Terms and Conditions (“Terms”) carefully. The following is a legal agreement between you (“user”) and Andrew Prod Photography (defined below), which governs your use of Products (defined below) obtained by purchase through this website at www.andrewprod.com, or any related domains or subdomains (the “Site”).  In these Terms, use of the words “you”, and “your” refer to each individual user who may interact with this site, and “we”, “us” and “our” refer to Andrew Prod Photography, doing business as Andrew Prod Photography.

“Products” referred to by these Terms include but are not limited to: contract forms, templates, communications, workshops, and any other documents provided for paid purchase or for which you supply personal information in exchange, including free downloaded material or other information available through the Site, obtained from Andrew Prod Photography.  All such Products are the intellectual property of and are owned by Andrew Prod Photography

By purchasing any Product, you agree to be bound by these Terms, without any other conditions or declarations. If at any time you do not agree with these Terms or find them otherwise unacceptable, please discontinue use Andrew Prod Photography’ Products immediately.

Understand that by using the Site, any Products, services or applications for which you tender payment or otherwise obtain through the Site, you warrant that you are at least 18 years of age and are otherwise legally able to enter into a valid contract.

WHAT WE DO

Andrew Prod Photography is a resource through which you may obtain portrait photography services.

PRIVACY POLICY

Andrew Prod Photography permits you to control management of your personal information and invites you to read the complete statement of its current Privacy Policy available here: www.andrewprod.com/privacy-policy which is incorporated herein by reference.

Andrew Prod Photography will only collect and otherwise access information you voluntarily provide via email or through other direct contact initiated by you. Andrew Prod Photography will not sell or otherwise distribute this information any other individual or entity, except its duly authorised agents, contractors, and other third parties that assist it in its business operations. Andrew Prod Photography is the sole manager of such information collected on the Site. Andrew Prod Photography will use such information to respond to you as necessary. You grant Andrew Prod Photography a worldwide, royalty-free, non exclusive license to use, distribute, reproduce, modify, publish and translate this personal information solely as necessary to fulfil your request(s) or to enable your use of a particular Product or service, such as for shipping of Products.

AFFILIATE LINKS

Links on the Site may be affiliate links controlled by parties other than Andrew Prod Photography to help support the maintenance of the Site. Andrew Prod Photography does not assume responsibility for or endorse any contents, products, services or use of any of these affiliate Site and makes no guarantees as to the quality or content of the same.  You acknowledge that you bear all associated risks regarding access to and use of affiliate links and release Andrew Prod Photography from any loss or damage incurred from dealing with such affiliate.

BOOKING FEE/DEPOSIT

The session fee is required in full to secure the date and time for your portrait session and is non refundable or transferable in the event of a cancellation by the client. The date for a photoshoot is NOT confirmed until the deposit payment is received and the date shall be made available to other clients in the meantime.  Upon receipt of the deposit payment, the photographer will confirm the date and time of the shoot. In the event of a cancellation or postponement by the Client, the photographer is entitled to retain the deposit paid.

COPYRIGHT

The 1988 Copyright Act assigns the copyright to the Photographer. It is contrary to the Act to copy, publish, reproduce or store images electronically unless the express permission of Andrew Prod Photography has been purchased. If permission is granted, then transfer of the copyright commences only once payment for the copyright has been made in full.

The Client may not (either personally or via a third party) alter or add to or manipulate a picture by means of a computer or any other technique or reproduce a picture in whole or in part as an element within, or as a montage with, another picture.

GIFT CARDS

A gift certificate, coupon or voucher is valid until 3 months from the date of purchase and is not redeemable for cash. All gift vouchers must be paid for in full at time of purchase. The gift certificate is redeemable towards the cost of a photoshoot and/or the purchase of any optional services or available albums, at prices as displayed on the price lists (menu collections). Should a recipient wish to purchase further services, prints or albums over and above the value of their gift voucher/certificate then these will be charged for at our normal rates at the time of booking. No refunds will be offered on unused gift vouchers. It is the recipient’s responsibility to contact us and book their shoot within the allotted 3 months. Dates and times of the photoshoot sitting by appointment, dependent on Clients’ requirements. The gift certificate has no monetary value other than the exchange of the gift certificate for pre-paid services. The Andrew Prod Photography gift vouchers cannot be redeemed anywhere other than with Andrew Prod Photography.

 CREATIVE LICENCE

 Andrew Prod Photography shall be granted a creative and artistic licence in relation to the choice of locations, poses used and digital retouching. Andrew Prod Photography’s judgement on photographic style and the number of photographs taken shall be deemed correct. Some photographs may not be possible due to changes in the weather and the availability and willingness of subjects. Andrew Prod Photography will do their best to honour requested photographs but do not undertake to guarantee any specific picture nor incorporate any specific background, location or group arrangement.

Andrew Prod Photography retains all rights to photographs taken at the photoshoot and shall solely be entitled to make application for and retain the copyright to any and all such photographs.

 PHOTOGRAPHS

All print and presentation sizes quoted are approximate and subject to change at the discretion of the photographer and may be subject to slight variation. The Photographer will provide a pleasing colour balance. Whilst every effort will be made, the photographer cannot guarantee exact colour matching owing to variations in lighting conditions. In the case of part mono/part colour images, the colours used will be subject to the photographer’s artistic interpretation and will be deemed to be correct.

All photographs supplied by Andrew Prod Photography are produced to the highest standards using the best quality materials and latest processing techniques. However, all photographs will, in time, fade. This is particularly true if they are left in bright sunlight and are not behind glass. Andrew Prod Photography cannot accept any responsibility for this gradual image deterioration.

All pictures purchased are presumed to have been received in good condition unless the Client notifies Andrew Prod Photography in writing of any discrepancy or error within 7 days of receipt.

RETURN/REFUND POLICY

We will not refund, nor accept the return of/refusal to pay charges for any technically acceptable photograph supplied either in print or in electronic format. No exception can be made as we cannot be held responsible for individual tastes or exceptions.

Once an order has been placed, we will not offer a refund. We may, at our discretion, allow you to place an order for different products with the same value. This will not affect your statutory rights.

STORAGE OF IMAGES

Original digital images are kept on an active file for three months, after which time they will be subject to deletion without notice unless expressly stated otherwise by the Photographer.

IN CASE OF A PERSONAL ACCIDENT

The directions issued to clients, models, guests or employees during a shooting are deemed to be at said persons own risk. We cannot be held responsible for any personal accidents during a shooting.

THE CASE OF CHANGES TO THIS AGREEMENT

We may change the terms of this Agreement in our sole discretion by posting a new version to the Services. It is up to your discretion to accept or decline changes by closing, continuing or discontinuing use of the Services to which the changes in this Agreement relate. Your use of the Services after we make any changes will constitute your agreement to such changes.

CONCERNING CLIENT CONFIDENTIALITY, INDEMNITY AND APPLICABLE LAW

We will keep confidential and will not make use or disclose to any third parties of material or information communicated to us in confidence for the purposes of the shooting, save as may be reasonably necessary to enable us to carry out our obligations in relation to the files to be delivered. You agree to indemnify and hold Andrew Prod Photography, his successors, employees, associates, service providers and suppliers, harmless from any dispute that may arise from your breach of these Terms or violation of any representations or warranties contained in these Terms. You agree to hold Andrew Prod Photography harmless from any claims or expenses, including reasonable attorney’s fees and court costs, related to any media or material provided by Andrew Prod Photography. This agreement shall be governed by the laws of England & Wales.

Any questions regarding the above Terms may be directed to:

 

info@andrewprod.com

 

All rights reserved © Copyright 2016-2017 Andrew Prod Photography