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Copyright notice
This website and its content is copyright of Creative Commercial Photography - © Creative Commercial Photography 2010-2011. All rights reserved. Any redistribution or reproduction of part or all of the contents in any form is prohibited other than the following:
- You may print or download to a local hard disk extracts for your personal and non-commercial use only;
- You may copy the content to individual third parties for their personal use, but only if you acknowledge the website as the source of the material;
- You may not, except with our express written permission, distribute or commercially exploit the content. Nor may you transmit it or store it in any other website or other form of electronic retrieval system.
Website disclaimer
The information contained in this website is for general information purposes only. The information is provided by Creative Commercial Photography, and while we endeavour to keep the information up to date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the website or the information, products, services, or related graphics contained on the website for any purpose. Any reliance you place on such information is therefore strictly at your own risk.
In no event will we be liable for any loss or damage including without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from loss of data or profits arising out of, or in connection with, the use of this website.
Through this website you are able to link to other websites which are not under the control of Creative Commercial Photography. We have no control over the nature, content and availability of those sites. The inclusion of any links does not necessarily imply a recommendation or endorse the views expressed within them.
Every effort is made to keep the website up and running smoothly. However, Creative Commercial Photography takes no responsibility for, and will not be liable for, the website being temporarily unavailable due to technical issues beyond our control.
Privacy Policy
We value our customers and respect your privacy. Any information we collect about you is held with the utmost care and security. Your visit to our website and your use of any of the services or features we provide is subject to our Terms & Conditions of which this privacy policy is part.
We collect your personal information so we can process your order, provide you with the best possible service and update you on our latest services and promotions. This information includes your name, address, email address, landline phone number and mobile number. We will never sell or share personally identifiable information with other organisations.
If you wish to remove your contact details from our database for any reason, please email cat@creativecommercialphotography.co.uk. You can also contact us at this email address if you wish us to correct any inaccuracies in the personal information we have about you.
We collect non-personal information on our web site to help us understand how you use our web site, to help determine if there are any technical problems, and to help us identify content or functionality areas that need improvement.
Terms of Business
Please read these Terms of Business carefully, as they set out our and your legal rights and obligations in relation to our services.
1. Definitions and interpretation
1.1 In these Terms of Business:
“Charges” means the Photographer's Hourly Rate multiplied by the number of person-hours spent by the Photographer's personnel performing the Services payable by the Customer to the Photographer;
“Customer” means the customer for Services under an Engagement as specified in the Statement of Work;
“Effective Date” means, in relation to an Engagement, the date when the Photographer receives a copy of the Statement of Work relating to that Engagement signed by the Customer (such Statement of Work having been previously signed by the Photographer and sent to the Customer) providing the signed Statement of Work is received by the Photographer within the period of 30 days following the date of signature of the Statement of Work by the Photographer;
“Engagement” means a contract between the Photographer and the Customer for the supply of Services and the delivery of Photographs incorporating these Terms of Business and a Statement of Work, and any amendments to such a contract from time to time;
“Force Majeure Event” means an event, or a series of related events, that is outside the reasonable control of the party affected (including power failures, industrial disputes affecting any third party, changes to the law, disasters, explosions, fires, floods, riots, terrorist attacks and wars);
“Hourly Rate” means the Photographer's standard hourly labour rate as notified by the Photographer to the Customer;
“Intellectual Property Rights” means all intellectual property rights wherever in the world, whether registrable or unregistrable, registered or unregistered, including any application or right of application for such rights (and the “intellectual property rights” referred to above include copyright and related rights, moral rights, database rights, business names, trade names, trade marks, service marks, passing off rights and rights in designs);
“Permission” means a permission given by a third party for the performance of the Services and/or the inclusion of a location, object, person, work or other thing in the Photographs;
“Photographer” means Creative Commercial Photography, having its registered office at 21 Elm Park Road, Reading, Berkshire, RG30 2TP;
“Photographs” means the photographic images detailed in the Statement of Work which are the subject of an Engagement, which may include prints, negatives, transparencies and/or digital images;
“Services” means the photographic services supplied by the Photographer to the Customer under an Engagement, details of which are set out in the Statement of Work (or, to the extent that no such details are set out in the Statement of Work, details of which will be agreed between the parties acting reasonably from time to time);
“Statement of Work” means the statement of work document issued by the Photographer to the Customer and signed by or on behalf of each party detailing the scope of the Services and other matters relating to an Engagement; and
“Term” means the term of an Engagement.
1.2 In these Terms of Business, a reference to a statute or statutory provision includes a reference to:
(a) that statute or statutory provision as modified, consolidated and/or re-enacted from time to time; and
(b) any subordinate legislation made under that statute or statutory provision.
1.3 The Clause headings do not affect the interpretation of these Terms of Business.
1.4 In these Terms of Business, “persons” include companies, partnerships, limited liability partnerships, unincorporated associations and trusts.
1.5 The ejusdem generis rule is not intended to be used in the interpretation of these Terms of Business; it follows that a general concept or category utilised in these Terms of Business will not be limited by any specific examples or instances utilised in relation to such a concept or category.
2. Engagements
Each Engagement will come into force on its Effective Date and will continue in force until the Services agreed in the Statement of Work have been completed, upon which it will terminate automatically (unless previously terminated in accordance with Clause 12).
3. Services
3.1 The Photographer will supply the Services to the Customer and deliver the Photographs to the Customer in accordance with the terms of each Engagement.
3.2 The Photographer will obtain Permissions specified (or of the type(s) specified) in the Statement of Work and reasonably required for the performance of the Services, and will provide to the Customer copies of those Permissions promptly following receipt of a request to do so. All such written Permissions will be in a form agreed by the parties acting reasonably, having regard to the provisions of Clause 5 where relevant.
3.3 The Photographer may not sub-contract the provision of the Services without the prior written consent of the Customer; providing that if the Photographer does sub-contract the provision of the Services, the Photographer will remain liable to the Customer for the performance of the sub-contracted obligations.
3.4 The Photographer may suspend the provision of the Services and/or withhold the Photographs if the Customer fails to pay by the due date any amount due to the Photographer in respect of an Engagement.
4. Customer obligations
4.1 The Customer will provide to, or procure for, the Photographer any:
(a) co-operation, support and advice;
(b) information and documentation; and
(c) governmental, legal or regulatory licenses, consents or permits;
reasonably necessary to enable the Photographer to discharge its obligations under any Engagement.
4.2 The Customer must provide feedback on preparatory composition or design work promptly, and in any event in accordance with any timetable agreed between the parties.
4.3 Subject to Clause 3.2, the Customer will be responsible for obtaining any Permissions reasonably required for the performance of the Services, and will provide to the Photographer copies of those Permissions promptly following receipt of a request to do so. All such written Permissions will be in a form agreed by the parties acting reasonably, having regard to the provisions of Clause 5 where relevant.
4.4 The Customer hereby indemnifies and undertakes to keep indemnified the Photographer against any losses, damages, claims, obligations, liabilities, costs and expenses (including legal fees and costs and expenses incurred in investigating, preparing, defending or prosecuting any litigation, claim, proceeding or demand) arising out of or in connection with any breach by the Customer of Clause 4.3.
License of rights
5.1 Upon the later of:
(a) the completion of the Services under an Engagement; and
(b) the payment by the Customer to the Photographer in full in cleared funds of all amounts due in respect of an Engagement,
the Photographer will grant to the Customer a UK license to use images as agreed for the Customer’s own marketing purposes only, subject to Clause 5.2.
5.2 The license granted in Clause 5.1 does not include the rights to resell images or grant use to any third parties without prior permission from the Photographer.
6. Moral rights
6.1 The Photographer asserts their moral rights to be identified as the authors of the Photographs in accordance with sections 77 and 78 of the Copyright, Designs and Patents Act 1988.
6.2 The Photographer acknowledges that, under Section 85 of the Copyright, Designs and Patents Act 1988, where Photographs have been commissioned by the Customer for private or domestic purposes, the Customer has the rights not to have: (i) copies of the Photographs shown in public, (ii) the Photographs exhibited or shown in public, and (iii) the Photographs communicated to the public.
7. Intellectual Property Rights
7.1 The Photographer warrants that the Photographs will not infringe the UK Intellectual Property Rights of any third party.
7.2 Subject to the Customer's compliance with Clause 7.3, the Photographer hereby indemnifies and undertakes to keep indemnified the Customer against any losses, damages, claims, obligations, liabilities, costs and expenses (including legal fees and costs and expenses incurred in investigating, preparing, defending or prosecuting any litigation, claim, proceeding or demand) arising out of or in connection with any breach by the Photographer of the warranty in Clause 7.1.
7.3 The Customer will:
(a) upon becoming aware of an actual or potential infringement, notify the Photographer;
(b) provide to the Photographer all reasonable assistance in relation to the infringement;
(c) allow the Photographer the exclusive conduct of all disputes, proceedings, negotiations and settlements related to the infringement; and
(d) not admit liability in connection with the infringement or settle any claim without the prior written consent of the Photographer.
8. Charges and payment
8.1 The Customer will pay the Charges to the Photographer in accordance with the provisions of this Clause.
8.2 The Photographer may issue an invoice for the Charges to the Customer at any time after the relevant Services / Photographs have been delivered to the Customer.
8.3 The Customer will pay the Charges to the Photographer within 30 days of the date of issue of an invoice issued in accordance with Clause 8.2.
8.4 All amounts stated in the Statement of Work or in relation to an Engagement are stated exclusive of all value-added taxes, which are not currently payable.
8.5 Charges must be paid by bank transfer or by cheque (using such payment details as are notified by the Photographer to the Customer from time to time).
8.6 If the Customer does not pay any amount properly due to the Photographer in connection with any Engagement, the Photographer may:
(a) charge the Customer interest on the overdue amount at the rate of 8% per year above the base rate of HSBC Bank Plc (which interest will accrue daily until the date of actual payment and be compounded quarterly); or
(b) claim interest and statutory compensation from the Customer pursuant to the Late Payment of Commercial Debts (Interest) Act 1998.
8.7 The Photographer will:
(a) ensure that the personnel providing the Services complete records of their time spent providing those Services;
(b) retain such records and evidence during the Term and for a period of 12 months following the end of the Term; and
(c) supply such records and evidence to the Customer within 14 days following receipt of a written request to do so.
9. Warranties
9.1 The Customer warrants to the Photographer that it has the legal right and authority to enter into and perform its obligations required by each Engagement.
9.2 The Photographer warrants to the Customer that:
(a) it has the legal right and authority to enter into and perform its obligations required by each Engagement; and
(b) the Services will be performed with reasonable care and skill.
9.3 All of the parties' liabilities and obligations in respect of the subject matter of these Terms of Business are expressly set out in these Terms of Business. To the maximum extent permitted by applicable law, no other terms concerning the Services or Photographs will be implied into any Engagement.
9.4 Without prejudice to the generality of Clause 9.3, the Photographer does not warrant that the Customer will be satisfied with the composition or style of any Photograph, and accordingly the Customer will have no right to reject any Photograph on these grounds.
10. Limitations and exclusions of liability
10.1 Nothing in the Engagement will:
(a) limit or exclude the liability of a party for death or personal injury resulting from negligence;
(b) limit or exclude the liability of a party for fraud or fraudulent misrepresentation by that party;
(c) limit any liability of a party in any way that is not permitted under applicable law; or
(d) exclude any liability of a party that may not be excluded under applicable law,
and, if you are a consumer, any statutory rights which you have, which cannot be excluded or limited, will not be affected by the Engagement.
10.2 The limitations and exclusions of liability set out in this Clause:
(a) are subject to Clause 10.1;
(b) govern all liabilities arising under the Engagement or in relation to the subject matter of the Engagement, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty; and
(c) will not limit or exclude the liability of the parties under the express indemnities set out the Engagement.
10.3 The Photographer will not be liable to the Customer for any losses arising out of a Force Majeure Event.
10.4 The Photographer will not be liable to the Customer in respect of any business losses, such as loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.
10.5 Where the Customer is a business customer, the Photographer will not be liable to the Customer in respect of any loss or corruption of any data, database or software.
10.6 Where the Customer is a business customer, the Photographer will not be liable to the Customer in respect of any special, indirect or consequential loss or damage.
11. Distance contracts and consumer rights
11.1 This Clause applies if and only if the Customer agrees to an Engagement:
(a) as a consumer; and
(b) using any means of distance communication (including telephone, email and the internet).
11.2 Where this Clause applies, the Customer may cancel an Engagement at any time within 7 working days, beginning on the day after the contract for that Engagement came into force, providing that the Photographer has not begun the provision of the Services during that period.
11.3 If the Customer cancels an Engagement subscription in accordance with this provision, the Customer will receive a full refund of the Charges paid in respect of the Engagement (if any).
11.4 The Photographer will usually refund any money received from the Customer using the same method used by the Customer to pay the Charges. The Photographer will process the refund due to the Customer as soon as possible and, in any case, within 30 days of the day the Photographer received the Customer's valid notice of cancellation. The notice of cancellation should be sent to the Photographer at the address set out in the Statement of Work.
12. Termination
12.1 Either party may terminate an Engagement at any time by giving at least 30 days' written notice to the other party.
12.2 Either party may terminate an Engagement immediately by giving written notice to the other party if the other party:
(a) commits any breach of any provision of these Terms of Business or the relevant Statement of Work, and:
(i) the breach is not remediable; or
(ii) the breach is remediable, but the other party fails to remedy the breach within 30 days of receipt of a written notice requiring it to do so;
(b) persistently breaches these Terms of Business and/or the relevant Statement of Work.
12.3 Either party may terminate an Engagement immediately by giving written notice to the other party if:
(a) the other party:
(i) is dissolved;
(ii) ceases to conduct all (or substantially all) of its business;
(iii) is or becomes unable to pay its debts as they fall due;
(iv) is or becomes insolvent or is declared insolvent; or
(v) convenes a meeting or makes or proposes to make any arrangement or composition with its creditors;
(b) an administrator, administrative receiver, liquidator, receiver, trustee, manager or similar is appointed over any of the assets of the other party;
(c) an order is made for the winding up of the other party, or the other party passes a resolution for its winding up (other than for the purpose of a solvent company re-organisation where the resulting entity will assume all the obligations of the other party required by the Engagement);
(d) (where that other party is an individual) that other party dies, or as a result of illness or incapacity becomes incapable of managing his or her own affairs, or is the subject of a bankruptcy petition or order.
12.4 The Photographer may terminate an Engagement immediately at any time by giving written notice to the Customer if the Customer fails to pay in full and on time any amount due to the Photographer whether due in respect of that Engagement or otherwise.
13. Effects of termination
13.1 Upon termination of an Engagement all the provisions of these Terms of Business and the Statement of Work will cease to have effect, save that the following provisions of these Terms of Business will survive and continue to have effect (in accordance with their terms or otherwise indefinitely): Clauses 1, 4.4, 7.2, 7.3, 8.6, 8.7, 10, 13, 14 and 15.
13.2 Termination of an Engagement will not affect either party’s accrued liabilities and rights (including accrued rights to be paid) as at the date of termination.
14. Non-solicitation
The Customer will not without the Photographer's prior written consent, either during the term of any Engagement or within 6 months after the date of effective termination of any Engagement, engage, employ or otherwise solicit for employment any employee or contractor of the Photographer who has been involved in any Engagement or the performance of any Services.
15. General
15.1 No breach of any term of any Engagement will be waived except with the express written consent of the party not in breach.
15.2 If a term of any Engagement is determined by any court or other competent authority to be unlawful and/or unenforceable, the other terms of the Engagement will continue in effect. If any unlawful and/or unenforceable term would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the term will continue in effect (unless that would contradict the clear intention of the parties, in which case the entirety of the relevant term will be deemed to be deleted).
15.3 No Engagement will constitute a partnership, agency relationship or contract of employment between the parties.
15.4 Neither these Terms of Business nor any Statement of Work may be varied except by a written document signed by or on behalf of each of the parties.
15.5 The Photographer may freely assign its rights and obligations under any Engagement without the Customer’s consent – providing where the Customer is a consumer that such action does not serve to reduce the guarantees benefiting the Customer under the Engagement. Save as expressly provided in this Clause or elsewhere in these Terms of Business, neither party may without the prior written consent of the other party assign, transfer, charge, license or otherwise dispose of or deal in any rights or obligations under any Engagement.
15.6 Each Engagement is entered into for the benefit of the parties, and is not intended to benefit any third party or be enforceable by any third party. The rights of the parties to terminate, rescind, or agree any amendment, waiver, variation or settlement relating to any Engagement are not subject to the consent of any third party.
15.7 Subject to Clause 10.1:
(a) these Terms of Business and the relevant Statement of Work will constitute the entire agreement between the parties in relation to an Engagement, and supersede all previous agreements, arrangements and understandings between the parties in respect of that subject matter; and
(b) neither party will have any remedy in respect of any misrepresentation (whether written or oral) made to it upon which it relied in entering into an Engagement.
15.8 These Terms of Business and each Statement of Work will be governed by and construed in accordance with the laws of England and Wales; and the courts of England will have exclusive jurisdiction to adjudicate any dispute arising under or in connection with any Engagement.
