Clicks :: Terms & Conditions

Introduction

The following terms and conditions are applicable to all clients who use the services provided by Clicks (including the website terms and conditions )

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1. In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings:
  
  “Booking” means your request to acquire our Services as set out in clause 2;
  “Booking Confirmation” means our acceptance and confirmation of your Booking as described in clause 2.3;
  “Contract” means the contract for the provision of our Services, incorporating these Terms and Conditions, as explained in clause 2;
  “Customer” means you, the consumer (as defined in the Consumer Rights Act 2015) or business purchasing our Services. Where an individual is entering into this Contract on behalf of a business, the individual confirms they have the authority to enter into this Contract on behalf of that business and the business will be the Customer in the context of this Contract;
  “Deposit” means an advance payment made to us under clause 4.1;
  “Photo Shoot” means all stages of our Services provided to you including preparation beforehand, the taking of photographs and the processing of photographs;
  “Price” means the price payable for our Services and the photographs;
  “Services” means the services provided by us;
  “Website” means https://clicks-studio.uk/
  
  Unless the context otherwise requires, each reference in these Terms & Conditions to:
  1. “writing” and ”written” includes emails, text messages and similar communications;
  2. “we”, “us” and “our” is a reference to the Photographer;
  3. “you” and “your” is a reference to the Client;
  4. a statute or a provision of a statute is a reference to that statute or provision as amended or re-enacted at the relevant time;
  5. “these Terms and Conditions” is a reference to these Terms and Conditions as amended or supplemented at the relevant time;
  6. a clause is a reference to a clause of these Terms and Conditions.
  7. a "Party" or the "Parties" refer to the parties to these Terms and Conditions.
2. The headings used in these Terms and Conditions are for convenience only and shall have no effect upon their interpretation.
3. Words imparting the singular number shall include the plural and vice versa. References to any gender shall include the other gender. References to persons shall include corporations.

1. These Terms and Conditions govern the sale and provision of our Services and will form the basis of the Contract between you and us. Under the Contract, we will provide our Services and you will pay for them in accordance with the terms set out in these Terms and Conditions. Before making your booking, please ensure that you have read these Terms and Conditions carefully.
2. You may make the booking over the phone, in person, or by email or via social media.
3. A legally binding Contract between you and us (which will include these Terms and Conditions) will be created when we accept your Booking, indicated by our Booking Confirmation. Booking Confirmations will be provided in writing.
4. You may change your Booking at any time prior to the date of the Photo Shoot by contacting us. Please note that there may be certain changes that cannot be accommodated but we will let you know this when you contact us. Under certain circumstances, if you reschedule the Photo Shoot, a new Deposit may be payable, reflecting our lost opportunity to make bookings with other customers. Please refer to clause 12 for further details. We may not be able to accommodate a request for a rescheduled Photo Shoot if a booking has already been made by another customer on your requested date.
5. If your Booking is changed, we will inform you of any change to the Price in writing.

1. Please provide us with as much information as possible about the Photo Shoot when making your Booking, including any specific photographs or compositions that you may require. However, any such photographs and compositions discussed are a guide only and are dependent on the circumstances, such as timing, weather, venue issues, willingness of participants, and delays.
2. We will use our own exclusive judgement when selecting equipment and deciding upon artistic factors such as composition, lighting and photographic style.
3. We will use all endeavours to provide you with the best possible photographs, however this is subject to the venue’s allowances. Please also bear in mind that impractical layout and low lighting could significantly affect the quality of the photographs.
4. We will take as many photographs as we deem appropriate so we can provide you with the best choice when processing and preparing the final photographs. The number of photographs taken during the Photo Shoot will not affect the Price payable.
5. You are responsible for ensuring any children and animals are accompanied and fully supervised at all times during the Photo Shoot.
6. You agree that we will be the sole professional photographer for the Photo Shoot.
7. Once we have issued our first draft of the photographs, we will accommodate up to three sets of minor editing changes only, without charge. Any other changes required will be chargeable at our hourly rate in effect at the time. We also reserve the right to charge additional costs if the original brief changes significantly at any stage.

1. At the time you make your Booking, you will be required to pay a 50% Deposit in order to secure the date. Bookings will not be deemed confirmed until the Deposit is paid in full. The final 50% to be paid upon completion of editing, before we shall release the final photographs.
2. We shall only provide our Services for the hours agreed in your Booking, should you be late the Photo Shoot shall not be extended. If we agree to waive this clause, additional charges may be incurred.
3. We will make the photographs available for download within 14 days of the Photo Shoot. The photographs shall be available on the portal that allows you to download all the photos within 14 days, after this time your link shall expire.
4. Where we are providing product photography it shall be your responsibility to arrange transportation of the goods to us, the risk in the goods shall remain with you until the goods have been received by us. Where products have been delivered to us as damaged we shall make reasonable endeavours to give notice of such, however it shall not be our responsibility to inspect such and retaking photographs of damaged products may incur additional cost.
5. We may from time to time provide introductions or referrals to other companies for printing services however, under no circumstances shall we be liable for the actions or lack of actions of said other companies.
6. It is your responsibility to advise us at the time of Booking if any children will be participating in the Photo Shoot. In this event, we may require each parent or legal guardian to sign a model release form giving consent to our use of the photographs for advertising or marketing purposes. You are responsible for ensuring any children are accompanied and fully supervised at all times.
7. Where your Photo Shoot is to include pets, you must be present at all times and be responsible for maintaining their behaviour. We shall have no liability to you for the quality of the photos should your pet be unwilling to participate or should their behaviour prove otherwise uncooperative. You must ensure that your pet is safe and secure in the venue you have chosen, and must ensure their collar, lead or other security device is fastened correctly, we shall not be liable for any escape or loss of pet.

1. The Price of our Services will be calculated and advised to you before you make your Booking. Our prices may change at any time but these changes will not affect Bookings that we have already accepted.
2. All Prices include VAT. If the rate of VAT changes between the date of your Booking and the date of your payment, we will adjust the rate of VAT that you must pay. Changes in VAT will not affect any Prices where you have already made payment in full.
3. We may charge reasonable expenses in addition to the Price, such as for travel and accommodation. No such sums will be incurred or charged unless you agree this in advance.
4. We accept payment by way of in cash into our bank, bank transfers or by online payment systems such as Stripe and Quickbooks.
5. The Booking includes for the agreed number of photographs and any additional images will be chargeable separate to the Booking.
6. We will not provide you with your photographs until we have received any final payment. Provided payment is received on the due date, we will make the photographs available to you, in the format agreed, within 14 days from the date of payment.
7. Where any refund is due to you under any of the provisions of these Terms and Conditions (including, but not limited to refunds in the event of cancellation under clause 12), such refunds will be made as soon as is reasonably possible, and in any event within 14 days, by the same payment method originally used by you, unless you request an alternative method.
8. We reserve the right to charge a waiting fee for wasted visits or delays caused by any reason beyond our control, either before, during or after the Photo Shoot.
9. If you do not make payment to us by the due date, we reserve the right to charge you interest on the overdue sum at the rate of 4% per annum above the Bank of England base lending rate from time to time. Interest will accrue on a daily basis from the due date for payment until the actual date of payment of the overdue sum, whether before or after judgment. You must pay any interest due when paying an overdue sum.

1. Subject to a written agreement to the contrary, we retain ownership in all intellectual property which may subsist in the provision of the Services. Nothing in the Contract will vest any ownership rights in you.
2. Provided payment is made in accordance with our terms for payment, we will grant you a non-exclusive license to use the intellectual property the subject of the Contract, only for the purposes for which we are engaged by you. The licence will become effective only once the Services are complete and once we have received all payments under the Contract in full. You may not sub-licence these rights without our prior written permission. Commercial use is prohibited without our prior written agreement, and a separate licence paid for.
3. We reserve the right to take such actions as may be appropriate to restrain or prevent infringement of such intellectual property rights.
4. The licence will apply only to final design(s) and will not extend to any draft concepts, images, designs or other material viewed by you. These cannot be used without our express permission.
5. Any licence granted will be automatically revoked if you breach any of these Terms and Conditions or if the Contract is cancelled or terminated.
6. Unless you expressly request otherwise, we reserve the right to use the photographs in any advertising or promotional material without any payment to you, provided such material is only related to us or our Services.

1. We will always use our reasonable efforts to ensure that our provision of the Services is trouble-free. If, however, there is a problem with our Services, please inform us as soon as is reasonably possible. We will use all endeavours to remedy problems with our Services as quickly as is reasonably possible and practical.
2. We will not charge you for remedying problems under this clause 7 where the problems have been caused by us or where nobody is at fault. If we find that the problem has been caused by any action or omission on your part, we may charge you a reasonable sum for remedial work required.

1. We have in place Public liability insurance however please note our insurance does not cover any risks to third parties on any premises where the Photo Shoot is to be held and any third party enters such premises entirely at their own risk.
2. We will be responsible for any foreseeable loss or damage that you may suffer as a result of our breach of these Terms and Conditions or as a result of our negligence (including that of any of our employees, agents or sub-contractors). Loss or damage is foreseeable if it is an obvious consequence of our breach or negligence or if it is contemplated by you and us when the Contract is created. We will not be responsible for any loss or damage that is not foreseeable.
3. Under no circumstances will we be liable to you for any loss of profit, loss of business, interruption to business or for any loss of business opportunity.
4. Nothing in these Terms and Conditions seeks to exclude or limit our liability for death or personal injury caused by our negligence (including that of any of our employees, agents or sub-contractors); or for fraud or fraudulent misrepresentation.
5. Nothing in these Terms and Conditions seeks to exclude or limit our liability for failing to perform our Services with reasonable care and skill or in accordance with information provided by us about our Services or about ourselves, nor for our failure to supply digital content that is of satisfactory quality, fit for purpose and as described.
6. Nothing in these Terms and Conditions seeks to exclude or limit your legal rights as a consumer, where applicable. For more details of your legal rights, please refer to your local Citizens Advice Bureau or Trading Standards Office.

1. We will not be liable for any failure or delay in performing our obligations where that failure or delay results from any cause that is beyond our reasonable control. Such causes include, but are not limited to: power failure, internet service provider failure, strikes, lock-outs or other industrial action by third parties, riots, civil unrest, fire, explosion, flood, storms, earthquakes, subsidence, acts of terrorism or war, epidemic or other natural disaster, or any other event that is beyond our reasonable control.
2. If any event described under this clause 9 occurs that is likely to adversely affect the performance of our obligations under these Terms and Conditions:
  1. we will inform you as soon as is reasonably possible;
  2. our obligations under these Terms and Conditions will be suspended and any time limits that we are bound by will be extended accordingly (where such extension is reasonably possible);
  3. we will inform you when the event outside of our reasonable control is over and provide any new dates, times or availability as necessary;
  4. If an event outside of our reasonable control occurs and you wish to cancel the Contract, you may do so in accordance with your right to Cancel under clause 10.4.3.
  5. If the event outside of our reasonable control continues for more than 30 days or is likely to prevent us from providing our Services on the date of the Photo Shoot, the Contract will be cancelled in accordance with our right to do so under clause 10.4.3, and you will be informed of the cancellation. Any refunds due to you as a result of that cancellation will be paid to you as soon as is reasonably possible, and in any event within 14 days of our cancellation notice

1. You may cancel or reschedule the Photo Shoot for any reason at any time. Any and all refunds due will be paid to you as soon as is reasonably possible, and in any event within 14 days of our acceptance of your cancellation notice. Subject to clauses 10.2 to 10.5, the following shall apply to cancellation or rescheduling:
  1. If you cancel the Photo Shoot (and the Contract) more than 4 weeks prior to the date of the Photo Shoot, we will refund all sums paid, including any Deposit;
  2. If you reschedule the Photo Shoot at any time prior to the date of the Photo Shoot, we will retain all sums paid, including any Deposit, and such sums shall count towards the rescheduled Photo Shoot. We will use every effort to accommodate your preferred rescheduled date but we cannot guarantee this will be possible;
  3. If you cancel the Photo Shoot (and the Contract) less than 4 weeks prior to the date of the Photo Shoot, we will retain any Deposit paid and reserve the right to charge the following cancellation fees.
    1. 50% of the total Price will be payable if we receive more than 2 weeks’ notice of the cancellation or rescheduling;
    2. 80% of the total Price will be payable if we receive less than 2 weeks’ but more than 48 hours notice of the cancellation or rescheduling;
    3. 100% of the total Price will be payable if we receive fewer than 48 hours’ notice of the cancellation or rescheduling.
2. If any of the following occur, you may cancel the Contract immediately by giving us written notice. If you have made any payment to us (including but not limited to any Deposit) that/those sum(s) will be refunded to you as soon as is reasonably possible, and in any event, within 14 days of our acceptance of your cancellation:
  1. we breach the Contract in any material way and have failed to remedy that breach within 14 days of you asking us to do so (where it is reasonably possible to remedy such breach. If it is not, the material breach will trigger the right to cancel immediately);
  2. we become subject to an administration order (within the meaning of the Insolvency Act 1986);
  3. we go into liquidation (except for the purposes of amalgamation or re-construction in such a way that the resulting company effectively agrees to be bound by or assume the obligations imposed on us by the Contract);
  4. we cease, or threaten to cease, to carry on business;
  5. we are unable to provide our Services due to an event outside of our control (as under clause 9.2.4); or
  6. we change these Terms and Conditions to your material disadvantage.
3. We may cancel the Photo Shoot for any reason at any time prior to the date of the Photo Shoot. If you have made any payment to us (including but not limited to the Deposit) that/those sum(s) will be refunded to you. The refund will be our sole liability.
4. If any of the following occur, we may cancel the Contract immediately by giving you written notice:
  1. You fail to make a payment on time as required under these Terms and Conditions (this does not affect our right to charge interest on overdue sums under clause 5.9; or
  2. You have breached the Contract in any material way and have failed to remedy that breach within 14 days of us asking you to do so in writing; or
  3. We are unable to provide our Services due to an event outside of our control (for a period longer than that in clause 9.2.5).
5. If cancellation under clauses 10.4.1 or 10.4.2 occurs, we will retain all sums paid, including your Deposit. If we cancel the Contract at any time under clause 10.4.3, all sums paid including your Deposit will be refunded. Any and all refunds due under this clause 10.5 will be made as soon as is reasonably possible, and in any event within 14 days of our cancellation notice.
6. For the purposes of this clause 10 (and in particular, clauses 10.2.1 and 10.4.2) a breach of the Contract will be considered ‘material’ if it is not minimal or trivial in its consequences to the terminating party (i.e. you under clause 10.2.1 and us under clause 10.4.2). In deciding whether or not a breach is material no regard will be had to whether it was caused by any accident, mishap, mistake or misunderstanding.

1. All personal information that we may collect (including, but not limited to, your name and address) will be collected, used and held in accordance with the provisions of the Data Protection Act 2018 and your rights under that Act.
2. We may use your personal information to:
  1. Provide our Services to you;
  2. Process your payment for our Services;
  3. Inform you of new products and services available from us. You may request that we stop sending you this information at any time.
3. We will not pass on your personal information to any third parties without first obtaining your express permission.

1. You may not transfer (assign) your obligations and rights under these Terms and Conditions (and under the Contract, as applicable) without our express written permission.
2. The Contract is between you and us. It is not intended to benefit any other person or third party in any way and no such person or party will be entitled to enforce any provision of these Terms and Conditions.
3. If any of the provisions of these Terms and Conditions are found to be unlawful, invalid or otherwise unenforceable by any court or other authority, that / those provision(s) shall be deemed severed from the remainder of these Terms and Conditions. The remainder of these Terms and Conditions shall be valid and enforceable.
4. No failure or delay by us in exercising any of our rights under these Terms and Conditions means that we have waived that right, and no waiver by us of a breach of any provision of these Terms and Conditions means that we will waive any subsequent breach of the same or any other provision.
5. Nothing in the Contract will render or be deemed to render us an employee or agent of yours or you an employee or agent of ours.

1. Only digital photos will be supplied. Prints & photo frame can be requested at additional cost.
2. Images will be shared via online private link
3. Final Image supplied will be of JPG/PNG format at 150dpi with at least 1500 pixel at the longest edge
4. No intermediary file or RAW file will be provided.
5. Photo enhancing like changing/removing image backdrop, airbrushing are not included in this service unless it is quoted
6. Photos and artwork provided have watermark, logo, EXIF info of the company

1. These Terms and Conditions and the Contract (including any non-contractual matters and obligations arising therefrom or associated therewith) shall be governed by, and construed in accordance with, England law.
2. Any dispute between the parties relating to these Terms and Conditions shall fall within the jurisdiction of the courts of England and Wales.