Your access to and use of www.smudgesphotos.co.uk ("the
Website") is subject exclusively to these Terms and Conditions.
You will not use the Website for any purpose that is unlawful or prohibited
by these Terms and Conditions. By using the Website you are fully accepting
the terms, conditions and disclaimers contained in this notice. If you
do not accept these Terms and Conditions you must immediately stop using
the Website.
2 ADVICE
The contents of the Website do not constitute advice and
should not be relied upon in making or refraining from making, any decision.
3.1 change or remove (temporarily or permanently) the
Website or any part of it without notice and you confirm that Smudgesphotos
shall not be liable to you for any such change or removal.
3.2 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.
4 LINKS TO THIRD PARTY WEBSITES
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.
5 COPYRIGHT
5.1 All copyright, trade marks 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 Smudgesphotos
or otherwise used by Smudgesphotos as permitted by law.
5.2 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.
6 DISCLAIMERS AND LIMITATION OF LIABILITY
6.1 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.
6.2 To the extent permitted by law, Smudgesphotos 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.
6.3 Smudgesphotos 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.
6.4 Nothing in these Terms and Conditions shall be construed
so as to exclude or limit the liability of Smudgesphotos for death or
personal injury as a result of the negligence of Harry Bell or that
of its employees or agents.
7 INDEMNITY
You agree to indemnify and hold Smudgesphotos 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 Smudgesphotos arising out of any breach by
you of these Terms and Conditions or other liabilities arising out of
your use of this Website.
8 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.
9 GOVERNING LAW
These Terms and Conditions shall be governed by and construed
in accordance with the law of England and you hereby submit to the exclusive
jurisdiction of the English courts.
General Terms & Conditions:
1. Any additional charges incurred, will be recovered
from applicant.
2. No additional travelling expenses will be incurred unless previously
stated.
3. Smudgesphotos will recover the cost of accommodation expenses and
petrol where ceremony is at a distance of 100 miles, round trip. It
may be necessary to travel on the evening prior to the wedding to avoid
traffic and other problems also it may be necessary to stay overnight
where a wedding runs late. The cost of accommodation shall be reimbursed
from the client with regards to late and distant weddings.
4. Food and beverages must be provided to all accompanying photographers
where attendance is over 5 hrs.
Payment
1. Final agreed package amount will depend on the precise requirements
of the applicant.
2. A booking fee of £100.00 is made payable to Smudgesphotos at
the time of booking, once cleared, Smudgesphotos will be the sole photographer
for your day and will not book any other weddings on that day.
3. The booking fee is non refundable. The final balance is payable 2
weeks prior to the wedding date; it is your responsibility to pay your
photographer when monies are due.
4. Once booking form has been signed, you have agreed to complete payment
for package(s) selected. If package has not been decided, minimum package
balance payment will be required 2 weeks befroe wedding date. Upgrading
of package can be arranged if client informs Smudgesphotos regarding
uncertanty. Clients may not downgrade package once booking form has
been signed.
5.All payments are non refundable. Should the client cancel, all monies
paid will be non refundable.
6. Non-payment of the final balance 3 months prior to the wedding date
constitutes a breach of contract from client. Any previous contract
will become null and void.
7. All prices and packages are subject to change. Prices are adjusted
periodically; future bookings will be priced at the time of booking.
8. Future re-orders will be charged at the present days prices.
9. Bounced cheques shall incur a £25.00 charge.
10. Smudgesphotos cannot hold your date without the deposit.
11. All online shopping purchases will have 3% surcharge for this service
and 7% for post and packaging.
12. Additional proofing disks will apply at £15.00 per disk.
13. There will be a charge for all deliveries on albums at £25.00
for UK deliveries, International delivery charges priced on application.
14. Photography time over the agreed time will be charged at £100.00per
hour and invoiced to the client.
Exclusivity:
1. Smudgesphotos shall be the exclusive photographer retained by client.
2. Family and friends are permitted to take photographs as long as they
do not disturb or disrupt or interfere with photographer’s duties.
3. The photographer has the right to kindly ask the person obstructing
to refrain from doing so, in order for Smudgesphotos to carry on their
duties. It is a good idea if your guests are aware of this before hand.
4. Guests are not permitted to take photographs of poses arranged by
photographers.
5. It is our duty to provide you with a unique service.
6. Any breach of this agreement will constitute a reason for non-completion
of the job with no liability to the photographer.
7. Smudgesphotos reserves the right to use your images for any form
of advertising to promote their company. Web based promotions, brochures,
galleries competitions apply.
Inherent Quality.
1. Clients should be aware that colour dyes in photography may fade
or discolour over a period of time due to inherent quality of dyes and
insufficient care and preservation of prints and albums.
2. The photographer will not be held responsible for damage of albums
and prints that were dispatched undamaged.
3. The photographer will not be liable for degradation of images due
to poor handling and insufficient care.
4. All albums need to be kept at room temperature, stored in a box;
away from heat and direct sunlight all listed will reduce the life of
your album and images. The photographer accepts no liability.
5. If the photographer(s) are unable to fulfil the role of wedding photographer
on the day due to any unforeseen circumstances, a full re-fund will
be given to client but no further liability will be sought with respect
to agreement.
6. If client cancels no refund shall be given. This limitation shall
also apply in the event that photographic materials are damaged, lost,
stolen, camera malfunction or any other damage without fault of Smudgesphotos.
7 . Smudgesphotos cannot be held responsible for images and photography
sessions being disrupted by adverse/unfavourable weather conditions.
8 . Smudgesphotos shall not be liable for any amount in excess of the
retail value of your package.
9 . Smudgesphotos may substitute photographers to take photographs at
your wedding in the event of photographer’s illness.
10. All re-orders shall be an extension of this contract.
11. All re-orders must be paid for in full prior to orders being dispatched.
12. Smudgesphotos will not be held responsible for the lack of coverage
caused by the bride and groom, wedding party, guests, not being on time
or interfering or restricting the photographer’s duty.
13. Smudgesphotos will not be held responsible for the church, reception,
hotel etc having restrictions that prevent images being taken.
14. The photographer cannot guarantee any specific image nor incorporate
any specific background or group arrangement.
15. The photographer will not be held responsible for customer disappointment
of agreed album and images as long as they are technically acceptable
and will face no liability.
16. Any announcement made that will affect your photography and the
day, timings, venues etc should be notified as soon as possible in writing
to Smudgesphotos
17. Any circumstances not bought to our attention that affect the out
come of the wedding photography will not be the responsibility of Smudgesphotos.
18. A map should be provided if necessary to prevent photographer getting
lost, contact details of all vendors should be provided. Smudgesphotos
will not be held responsible for being miss informed.
19 . Due to technical processing, Smudgesphotos cannot guarantee exact
colour matching.
20. All digital cosmetic enhancements shall require written authorisation.
And shall need authorisation before printing is undertaken.
21.Smudgesphotos cannot be responsible for print selection errors whether
re-prints or album prints.
22. We will take no responsibility for albums that have incorrect images
due to client error a charge will be made for re- album design.
23. Smudgesphotos cannot be responsible for the damage to DVD’s
provided, appropriate care is the client’s responsibility.
24. All albums, proofs, disks etc should be collected in person from
Smudgesphotos.
25. Smudgesphotos accepts no responsibility for the reliability of the
post. We cannot be held responsible for loss or damage of mail, prints,
albums frames and disks etc that are sent through the post. A courier
service can be arranged; the client shall reimburse charges incurred
by Smudgesphotos
26. It is advisable that you make a copy of your booking form for your
own benefit
It is your responsibility to read through the terms and
conditions, once you have signed the booking form you are bound by these
conditions.