Terms and Conditions
Thank you for taking an interest in Success Photography. Please read these Terms and Conditions carefully. Should you decide to use our services we ask that you accept these when paying for our services. We will be happy to answer any questions or concerns you may have in relation to these T&Cs at any time.1. Definitions
Booking - A booking is a payment for photographs to be taken.
Photo - Any photograph, transparency, negative, design, artwork, painting, engraving, digital image file or any other item which may be offered for the purpose of reproduction taken by SUCCESS (or any photographer who we shall choose).
Photo Services - The event or series of events during which we shall provide photographic services to you i.e. for a Graduation Portraits this shall be the Graduation Day or for a School portrait this shall be the day of taking the portrait(s).
Reproduction - Any form of publication or copying of the whole or part of any Photo whether altered or not and whether by printing, photography, slide projection (whether to an audience or not), xerography, electronic or mechanical reproduction or storage, or for any use as artist's reference or illustration, or in a layout or presentation.2. Ownership and Copyright
The copyright and all other rights in the Photos shall be retained by Framing Success Ltd, trading as Success Photography, or SUCCESS (the “Photographer”). The Photographer asserts the right to be credited as the author of the Photos in accordance with sections 77 and 78 of Copyright, Designs and Patents Act 1988. Any unauthorised reproduction of any Photos will constitute a breach of copyright.3. Pricing
We reserve the right to adjust prices without prior notice. All prices are in sterling (£). The correct price for the Photo Services shall be stated on the website.4. Payment
Payment can be made by the following methods:
Online – using Credit or Debit Cards.
At the event – using Cash, Cheque, Credit or Debit Cards.
By Post - using Cheque, Credit or Debit Cards.
By Telephone - using Credit or Debit Cards.
Payment is made in advance of the photography session or after viewing or receiving proofs. For Graduates most people pay in advance, for Schools most people pay on seeing proofs online or printed.5. Refunds
If you are not able to attend the photography session, or are unhappy with photographs, we shall use reasonable endeavours to arrange an alternative date for you to have them taken or retaken.
We offer a full money back guarantee of satisfaction.6. Delivery Method
Photographs are delivered by Royal Mail or Courier depending on size and destination. If any product arrives damaged we will replace them free of charge. Photographs are normally sent within a few days of being taken or an order being placed. However, at peak Graduation time in July there may be a small delay of up to 25 working days for Graduation portraits.7. Accessibility
Photographs are stored on our systems permanently and are available for you to order at any time.8. Force Majeure
8.1 We shall have no liability to you under this Agreement if we are prevented from carrying out the Photo Services by:
8.1.1 the place of photography not being accessible, having power loss or other photography restrictions;
8.1.2 any inhibiting background, location, or additional arrangements with other photographers; and/or
8.1.3 any acts, events, omissions or accidents beyond our reasonable control, including strikes, failure of a utility service or transport network, act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, inclement weather or default of suppliers or sub-contractors.9. Liability
9.1 Our entire liability for any breach of this Agreement or any representation, act or omission (including negligence) shall be limited to our fee in relation to the Photo Services and we shall not be responsible for any special, indirect or consequential or pure economic loss, costs, damages, charges or expenses.
9.2 The limitation on liability shall also apply in the event that Photos are lost through equipment malfunction, are lost in the mail or otherwise lost or damaged where the Photographer is not liable.
9.3 Nothing in these Conditions limits or excludes our liability for death or personal injury resulting from negligence; or any damage or liability incurred by you as a result of fraud or fraudulent misrepresentation by us.10. Cancellation
If a cancellation occurs you will receive a full refund.11. Reprints
All reprints or enlargements ordered by you will be presented in lustre (a professional matt finish) unless otherwise stated by you at time of ordering. Size of reprint or enlargement must also be stated at time of ordering. All orders must be paid in full before they are dispatched.12. General
These Terms and Conditions constitute the whole Agreement between the parties and supersede all previous agreements between the parties relating to its subject matter.
No variation or agreed termination of this Agreement or of any document referred to in it shall be effective unless it is in writing.
If any provision of this Agreement (or part of any provision) is found by any court or other authority of competent jurisdiction to be invalid, unenforceable or illegal, the other provisions shall remain in force.
A person who is not a party to this Agreement shall not have any rights under or in connection with it.
This Agreement and any dispute or claim arising out of or in connection with it or its subject matter shall be governed by and construed in accordance with the law of England and Wales.
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