1. Definitions
"The Photographer" is classed as Papillon Photography. Papillon means Papillon Photography. "The Client" is any person, body of persons, School, Academy or Company with whom Papillon enters into a contract, verbal or written, for the sale of goods or provision of services by Papillon Photography.
2. Acceptance of Terms and Conditions
All contracts and transactions between Papillon and the Client whether made orally or in writing are subject to these terms and conditions which shall be deemed to be incorporated into any contract between Papillon Photography and all or any of its Clients.
3. Copyright, Usage, Ownership & Licence
In accordance with the Copyright, Designs & Patents Act 1988, the copyright of all photography taken by Papillon Photography is retained by Papillon Photography and cannot be used by a third party organisation unless it has been agreed otherwise with Papillon Photography.
Clients do not need to have a pre-agreement in place if they are using the images for internally produced publications such as, internal magazines, banners, posters, adverts, intranet websites but excluding prospectuses, school marketing brochures, websites and any material produced by a third party supplier.
4. Exclusivity
Papillon Photography retain the right to use the photographs in all cases for the purposes of advertising or otherwise promoting their own work.
5. Confidentiality
Papillon 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 photography. Papillon Photography will not resell any client images to a third party under any circumstances unless agreed in writing, by the school or academy.
6. Fees and Expenses
All prices quoted to the Client apply only to the original job description and specifications given to Papillon Photography by the Client. Papillon reserves the right to make additional charges for fees and expenses should these descriptions or specifications differ or change before or during the assignment. Wherever possible. Papillon shall endeavour to provide an indication of what these additional charges will be.
7. Representation
The Client will ensure that these is an authorised representative present at the assignment to ensure the correctness of the Photographer's interpretation of the Clients brief. In the event if no Client representation, the Photographer's interpretation of the brief shall be deemed as correct. The Client shall be responsible for the behaviour of any persons accompanying the photographer on the assignment. The onsite photographer reserves the right to terminate any assignment without notice if he/she deems the Clients behaviour to be unruly or unsafe.
8. Payment
All products must be paid for in advance of dispatch. Payments can be made using cash, cheque or bank transfer. All prices are stated in Pound Sterling; prices are subject to change without notice.
9. Conduct
The Client shall be responsible for the behaviour of any persons accompanying them to an assignment. The Photographer reserves the right to terminate any assignment without notice if he deems the Clients behaviour to be unruly or unsafe. In such instances, the Photographer reserves the right to charge his/her full fees and expenses as described in clause 4 of these Terms and Conditions. The Client will fully reimburse the Photographer or his agents for any loss/damage they cause to the property or equipment.
10. Liability
The Client agrees that in all dealings with Papillon Photography, the Photographer's liability will be limited to the following sums:
Public Liability: Limit of indemnity £5,000,000.
Professional Indemnity: Limit of indemnity £100,000
11. Indemnity
The Client agrees to fully indemnify Papillon Photography in respect of any claims or damages or any cost arising in respect of claims for copyright violation made by a third party. Obtaining parental consent for student/child photography usage is compulsory and should be undertaken in advance by the Client. The Client shall be responsible for obtaining such clearances and will indemnify Papillon against all expenses, damages, claims and legal costs arising out of any failure to obtain such clearances.
12. Rejection
Unless a rejection fee has been agreed in advance, there is no right to reject on the basis of style or composition. It is the clients responsibility to ensure that their students and staff are dressed appropriately and that a variety of students are available to avoid student duplication.
13. Cancellation and Postponement
A booking is considered firm as from the date of confirmation. Accordingly, Papillon will charge a fee for cancellation or postponement. When a booking is cancelled, the percentage of the booking fee charged as a cancellation fee will depend on the amount of time still to elapse before the photography date.
14. Cancellation/postponements due to weather conditions
Papillon Photography cannot be held responsible for cancellation due to adverse weather conditions.
15. Short Notice or Rush Services
Papillon Photography reserves the right to charge an additional fee should the Client request a Short Notice or Rush Service. This service is subject to availability and cannot be guaranteed.
16. Images/Data Supplied in Electronic Format
For all images/data supplied to the Client in electronic format (including but not limited to electronic mail, CD's/DVD's etc.). Papillon will endeavour to ensure that the data sent is not corrupt and is virus-free before despatch. Papillon cannot be held responsible for any damage, disruption and/or loss of any kind that the said media may cause to the Clients computer or data. The Client agrees to take similar steps to ensure that data sent to Papillon is not corrupt and/or virus free.
17. Prices and Terms
Papillon Photography reserves the right to amend both Prices and these Terms and Conditions without priory notice.
17a. Commission
Commission is payable to a nursery/school on booking Papillon Photography for a full nursery shoot. Orders placed must exceed £500 in order to meet our minimum commission threshold of 10%. Orders above this amount can qualify for a sliding scale commission package to be discussed at point of contract. Commission is not payable on group photo orders or bookings for graduation solely. Please note that commission is not payable on late orders i.e. orders placed after the deadline date featured on our order forms.
18. Delivery
We aim to despatch all orders within 14 days. However group photos that have associated names are dispatched within 28 days of the proof being signed off by the school. Packages can still be classed as in transit up to 14 days from the date that it has been dispatched. Therefore if you have not received your order, please wait 14 days from the date that you are notified of dispatch before contacting us.
If 14 days have passed then please contact us by email on info@papillonphotography.co.uk and we will be happy to help trace your lost or delayed order. We will always endeavour to resolve any issues that may occur.
The Photographer shall not use reasonable endeavours to meet agreed deadlines where applicable. The Photographer shall not be liable for any delays in meeting any of his/her obligations which were due to causes beyond their control including but not limited to; postage/courier/lab delays, war/acts of terrorism, riots, government legislation, industrial action, adverse weather conditions, acts of God, floods, fire, loss or damage in transit etc.
19. Cancelling an order
As our photography products are bespoke and each order is custom made, orders can be cancelled within 24 hours from the time being placed. Orders that have been placed for a digital download cannot be cancelled once the download has been sent.
20. Returning products
All orders placed by you, the client/customer that contain an image is printed for you. Therefore it is not possible to return an order or claim a refund if you have made an error in the order you have placed. Orders for digital download products cannot be refunded once the download has been sent.
For all other products, customers have 14 days to return any unwanted goods. Please return them to either the school/nursery/pre-school that you attend. You must include a reason as to why you are returning the goods. Unwanted goods may incur a handling charge. Faulty goods MUST be returned within 14 days, please contact us via email at info@papillonphotography.co.uk. As soon as we receive the item/s and they have been checked, we will either arrange a refund or send out a replacement. We apologies for any inconvenience that this may cause.
21. Personal Information
Papillon Photography will NOT sell, distribute or disclose information about you without your consent or unless required to do so by law. The information we will hold may include name, address, email address, telephone number and any personal preferences in connection with your order.
22. Complaints
Complaints must be made directly to Papillon Photography within three working days of receipt of goods. All complaints should be sent via email to office@papillonphotography.co.uk
23. Applicable Law
This agreement shall be subject to and constructed to English Law and the parties agree to accept the exclusive direction of the Courts of England.