TERMS AND CONDITIONS
Application and Entire Agreement
- These Terms and Conditions apply to the provision of the Photographic Services detailed in our quotation by PDMS Photography of Church Lane, Sutton Waldron, Dorset, DT11 8PB to the person(s) buying the services (you the client).
- You are deemed to have accepted these Terms and Conditions on acceptance of our quotation or from the date of commencement of the Photographic Services (whichever occurs earlier) and that these Terms and Conditions and our quotation form the Contract and is the agreement between us.
- ‘Photographs’ means all photographic material furnished by the Photographer (PDMS Photography), whether transparencies, negatives, prints or any other type of physical or electronic material.
- A ‘business day’ is deemed any day other than a Saturday, Sunday or bank holiday within England and Wales.
- The headings in these Terms and Conditions are for convenience purposes only.
- Words imparting the singular shall include the plural terms and vice-versa.
- The Licence to Use comes into effect from the date of payment of the relevant invoice(s). No use may be made of the Photographs before payment in full of the relevant invoice(s) without the express permission from PDMS Photography. Any permission which may be given for prior use will automatically be revoked if full payment is not made by the due date or if the Client is put into receivership or liquidation.
- We certify that we will use all reasonable care and skill in our performance of the Photographic Services to comply with the quotation, including any specifications in material respects. We are permitted to make any changes to the Services which are deemed necessary in order to comply with any appropriate law, safety requirement, or technical issues and will notify you if this is necessary
- All of these Terms and Conditions apply to the supply of any goods as well as our Photographic Services unless we specify otherwise.
- You must obtain all permissions, consents, licences or otherwise that we require and must give us with access to any and all relevant information, materials, properties and any other matters which we need to provide the required Photographic Services
- If you do not comply with clause 10, we reserve the right to terminate our Services
- We are not held responsible for any delay or failure to provide Photographic Services if this is a result by your obligations failure to comply with the provisions of this section.
- The fees for Photographic Services are set out in our quotation and are calculated on a time and materials basis. In addition to the fees, we can also recover from you:
a) reasonable incidental expenses including, but not limited to, travelling expenses, hotel costs, subsistence and any associated expenses,
b) the cost of any services provided by third parties and required by us for the performance of the Services, and
c) the cost of any materials required and purchased for the provision of the Services
- You must pay us for any additional services provided by us that are not specified in the quotation in accordance with our hourly rate in effect at the time of provision of the Services or at a rate previously agreed between us
- The Fees are inclusive of any applicable VAT
Cancellation and Amendment
- A quotation provided will be valid for a maximum period of 30 days from the date of the quotation unless otherwise specified, however, any interim increase in cost of raw materials and supplies purchased, may be included in the final invoice
- We can withdraw, cancel or amend a quotation if it has not been accepted by you, or if the Photographic Services have not started
- Either we or you can cancel an order for any reason prior to your acceptance of the quotation.
- If you require amendments to any details of the Services, you must inform us, in writing, as early as possible. We will use all reasonable actions to make any required changes and any additional costs applicable will be included in our Fees and invoiced to you
- If, due to circumstances beyond our control, we have to make any change in the Services or how they are provided, we will notify you immediately. We will use reasonable actions to keep any such changes to a minimum.
- We will invoice you electronically, being our preferred method, unless alternative means have been previously agreed, for payment of the Fees on completion of the Photographic Services
- Our terms are strictly 30 days net unless alternative arrangements have been agreed in advance and in writing between us
- Payment by BACS is our preferred method of payment and our bank details will be provided on each invoice. We no longer accept payment by cheque.
- If any invoice issued is not paid by the Due Date, then all unpaid invoices issued to the Client become due with immediate effect, including those invoices being less than 30 days from the issue date, and that PDMS Photography may consider these invoices as immediately overdue when pursuing legal action for the recovery of debts
- A fee of £15 (excluding VAT) may be charged for each account reminder, duplicate invoice, or any other correspondence including electronic, paper or telephone calls involved in pursing of a debt. This will be a non-refundable fee and represents the additional resources and time spent in the follow up of overdue invoices
- Without limiting any other right or remedy we have for statutory interest, if you do not pay within the period set out above, we reserve the right, without giving notice, to charge you interest at the rate of 8% per annum above the base lending rate of the Bank of England on the total amount(s) outstanding until payment is received in full in accordance with the Late Payment of Commercial Debt (Interest) Act 1998 from the date payment was due until the date full payment is received
- If you do not pay within the period set out above, we, PDMS Photography, reserves the right to suspend any further provision of Photographic Services and cancel any future services which have been ordered by or arranged with you
- Receipts for payment will only be issued by PDMS Photography on your request
- All payments must be made in British Pounds unless previously agreed in writing
Sub-Contracting and Assignment
- PDMS Photography can, at any time assign, transfer, charge, subcontract or deal in any other manner with all or any of our rights under these Terms and Conditions and can subcontract or delegate in any manner any or all of our obligations to any third party.
- PDMS Photography can terminate the provision of Photographic Services immediately if you:
a) commit a material breach of your obligations under these Terms and Conditions; or
b) fail to make payment, any amount due under the Contract on the due date for payment; or
c) are, become or, in our reasonable opinion, are about to become, the subject of a bankruptcy order or take advantage of any other statutory provision for the relief of insolvent debtor; or
d) enter into a voluntary arrangement under Part 1 of the Insolvency Act 1986, or any other scheme or arrangement is made with its creditors;
- We reserve all copyright and any other intellectual property rights which may subsist in any goods supplied in connection with the provision of the Photographic Services.
- We reserve the right to take any appropriate action to restrain or prevent the infringement of such intellectual property rights.
Liability and Indemnity
- Our liability under these Terms and Conditions shall be limited to, the total amount of Fees payable by you under the Contract.
- PDMS Photography will keep confidential and will not disclose to any third parties or make use of material or information communicated to them in confidence for the purposes of the photography, save as may be reasonably necessary to enable the Photographer to carry out his/her obligations in relation to the commission.
Law and Jurisdiction
36. This Agreement shall be governed by and interpreted by the laws of England and Wales