TERMS AND CONDITIONS.
AlphaPet Photography
Terms and Conditions
By using this site, you agree to be legally bound by these terms, which shall take effect immediately on your first use of this site. If you do not agree to be legally bound by all the following terms please do not access the www.alphapetphotography.co.uk website.
Descriptions of services included in the AlphaPet Photography site are accurate to the best of our knowledge.
By using this site (www.alphapetphotography.co.uk) you agree to be legally bound by these terms, which shall take effect immediately on your first use of this site. If you do not agree to be legally bound by these terms and conditions, please do not access the www.alphapetphotography.co.uk website.
Description of services included in the AlphaPet Photography site are accurate to the best of our knowledge. We always do our best to correct any errors or omissions as soon as we are aware of them.
The contents of the Website do not constitute advice and should not be relied upon in making or refraining from making, any decision.
AlphaPet Photography reserves the right to change these Terms and Conditions at any time, and your continued use of the Website following any changes shall be deemed to be your acceptance of such change.
1. Links to third party websites
1a. The Website may include links to third party websites that are controlled and maintained by others. Any link to other websites is not an endorsement of such websites and you acknowledge and agree that we are not responsible for the content or availability of any such sites.
Privacy Policy
We do not share customer details with any 3rd parties.
We "AlphaPet Photography" do promise never to share or sell any of your personal information to anybody or with any website. The only information required is necessary information for payment of services. Everything else is voluntary. Only senior, authorised personnel have access to view system accounts.
We may occasionally email you with special offers and new services to the site. If you receive these, you will have the opportunity to unsubscribe yourself from any further messages on the email you have received. Please be assured our aim is not in any way to invade your privacy, but to inform you of new items, updates and news.
AlphaPet Photography Services
Terms and Conditions
In the following terms and conditions
“The Photographer” shall mean Gareth Duerden or Kirsty Duerden
“The Client(s)” shall mean “You” the Parties to the Contract.
It is agreed that the following terms and contract set out the entire agreement between the parties and that no variation or modification of the contract shall be effective unless agreed by the Photographer in writing. Please read the terms and conditions carefully before making a booking.
1. Booking Fee and Payments
1a. On Location Photography Shoot.
A non-refundable booking fee for an on location photo shoot (paid by bank transfer), will secure your booking with the Photographer. The Client acknowledges that the booking fee is non-refundable or transferable in the event of cancellation by the Client within TWO WEEKS of the photography shoot date.
All optional additional goods are payable in full on ordering after the photo shoot.
1b. All Photography Sessions.
The session fee for the relevant photography service you have chosen must be paid for at the time of booking.
2. Cancellation Fees
On Location Photography Shoots.
In the unlikely event that the Client should need to cancel a booking the following will apply.
If the Photographer is able to re book the date with an equivalent booking, no cancellation fee will apply.
3. Force Majeure
The due performance of this contract is subject to alteration or cancellation due to a Force Majeure event. A Force Majeure event means an event beyond the control of a party, which by its nature could not have been foreseen or, if it could have been foreseen, was unavoidable, and includes, without limitation, acts of God, storms, floods, riots, fires, sabotage, civil commotion or civil unrest, interference by civil or military authorities, acts of war or armed hostilities or any other national or international calamity or one or more acts of terrorism or failure of energy sources.
This contract is also subject to alteration or cancellation by the Photographer owing to any cause beyond their control (i.e. sudden illness, injury, theft of equipment etc.)
The Photographer will only be responsible for costs in order to reschedule and organise a re-shoot. The Photographer(s) liability shall be limited to a full refund of any deposits and fees paid.
4. Client Safety
The Photographer takes no liability for any animals, adult or child’s safety during a photo shoot. This is the responsibility of the Client. The Client must ensure that there is at least one responsible adult present at all times other than the Photographer on a photo shoot.
5. Coverage
The Photographer shall be granted artistic license in relation to the poses photographed and the locations used. Although every effort will be made to comply with the Clients’ requirements, the Photographer’s judgement regarding the location, poses and number of photographs taken shall be deemed correct and not subject to dispute.
6. Copyright
6a. In accordance with The 1988 Copyright Act, all images or copies of images whether stored digitally or otherwise remain the copyright of the Photographer. It is contrary to the act and illegal to copy photographs electronically or by any other means.
6b. All copyright, trademarks and all other intellectual property rights in the Website and its content (including without limitation the Website design, text, graphics and all software and source codes connected with the Website) are owned by or licensed to AlphaPet Photography or otherwise used by AlphaPet Photography as permitted by law.
6c. In accessing the Website, you agree that you will access the content solely for your personal, non-commercial use. None of the content may be downloaded, copied, reproduced, transmitted, stored, sold or distributed without the prior written consent of the copyright holder. This excludes the downloading, copying and/or printing of pages of the Website for personal, non-commercial home use only.
7. Online and Social Media
Under no circumstances can watermarked images be cropped, edited, screen grabbed or to be shared on social media and online without permission from the Photographer. This is a breach of copyright. If the Client has purchased the full artistic license (see section 8) all licenses have been lifted, however further editing is strictly forbidden.
8. Licenses
The images included within your package are licensed to you for your own personal use. This includes but is certainly not limited to printing, copying, emailing and publishing online (including all social media).
The files supplied will be high-res JPEGs, compatible with all operating systems.
The photographer has no responsibility of any future loss or damage of images and cannot guarantee copies will be retained or backed up after 12 months.
The Photographer is not responsible for the print quality of any 3rd party suppliers you choose to use. The Photographer would always recommend their preferred professional partners.
The ownership of the images still remains with the Photographer and as such your license does not include use that results in financial gain.
9. Digital Files and Storage
All digital files presented are selected at the discretion of the Photographer. The Photographer will only release images that meet the required standard.
All edited digital files from the session will be backed up and kept for a period of 12 months from the date of the photo shoot. Any remaining images will be deleted.
10. Use and Display of Images
The Client hereby allows the Photographer to display any images relating to the contract and to generally promote the business in the Photographer(s) portfolio and by means of advertising, publicity, brochures, magazine articles, websites, social media, competitions and other such media providing that the images are used lawfully and without damage to the Client. By agreeing to this contract you consent to the use of such images.
11. Complaints
All complaints should be raised by the Client directly to the Photographer in writing within 7 days of the occurrence which gives rise to the complaint. The Photographer will consider the complaint and shall provide a response to the Client within 7 days of receipt of that Complaint.
12. Disclaimers and limitation of liability
12a. The Website is provided on an “AS IS” and “AS AVAILABLE” basis without any representation or endorsement made and without warranty of any kind whether express or implied, including but not limited to the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy.
12b. To the extent permitted by law, AlphaPet Photography will not be liable for any indirect or consequential loss or damage whatever (including without limitation loss of business, opportunity, data, profits) arising out of or in connection with the use of the Website.
12c. AlphaPet Photography makes no warranty that the functionality of the Website will be uninterrupted or error free, that defects will be corrected or that the Website or the server that makes it available are free of viruses or anything else which may be harmful or destructive.
12d. Nothing in these Terms and Conditions shall be construed so as to exclude or limit the liability of AlphaPet Photography for death or personal injury as a result of the negligence of AlphaPet Photography or that of its employees or agents.
13. Indemnity
You agree to indemnify and hold AlphaPet Photography and its employees and agents harmless from and against all liabilities, legal fees, damages, losses, costs and other expenses in relation to any claims or actions brought against AlphaPet Photography arising out of any breach by you of these Terms and Conditions or other liabilities arising out of your use of this Website.
14. Severance
If any of these Terms and Conditions should be determined to be invalid, illegal or unenforceable for any reason by any court of competent jurisdiction then such Term or Condition shall be severed and the remaining Terms and Conditions shall survive and remain in full force and effect and continue to be binding and enforceable.
15. Governing Law and Jurisdiction
The parties irrevocably agree any dispute arising out of this contract shall be governed and construed in accordance with English Law and that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim.
Should you have any questions or queries about the terms and conditions, please email us or use our contact us form.