MULTI AWARD-WINNING PROVIDER
Terms & Conditions of Service.
Our honest and transparent approach.
Thank you for choosing ProfotoDesign as your service provider, we look forward to working with you. Please take time to read through our terms and conditions of service, in place to provide you with transparency and clarity. We undertake client work on the responsible assumption you have read and agreed to our terms of service.
1.0 Client confidentiality
1.1 All personal information supplied will be kept confidential and will not disclose to any third parties or make use of information communicated to him/her in confidence for the purposes of the commissioned work.
2.1 ProfotoDesign and its associates as the authors of the content created retain the complete copyright of all works supplied.
3.0 Use of content
3.1 Any work used without permission, or reproduced, without the full balance being paid, the publisher will be subject to charges as outlined in the Copyright, Designs and Patents Act 1988.
3.2 The ‘license to use’ comes into effect from the date of payment of the relevant invoice(s).
3.3 No supplied content can be used before payment in full of the relevant invoice(s) without ProfotoDesign’s express permission in writing.
3.4 Any permission that may be given for prior use will automatically be revoked if full payment is not made by the due date or if the client is put into receivership or liquidation.
3.5 Where restricted in this agreement, permission to use any content supplied for other purposes will normally be granted upon payment of a further fee to be mutually agreed. Note: A written agreement must be reached with the us before the any content may be used for other purposes. Where uses of content are made which breach the licence to use further charges will be made.
3.6 Any reproduction rights granted are by way of licence only and no partial or other assignment of copyright shall be implied.
3.7 On the Client’s death or bankruptcy or (if the Client is a Company) in the event of a Resolution, Petition or Order for winding‐up being made against it, or if a Receiver or an administration is appointed, any licence granted shall immediately cease.
4.1 It is the Client who must satisfy himself/herself/It’s self that all necessary rights, model releases, clearances or consents which may be required for reproduction of people, places or items depicted within any works are obtained.
4.2 It is acknowledged that ProfotoDesign and its associates gives no warranty or undertaking that any such rights, releases or consents are or will be obtained whether in relation to the use of names, people, trademarks, registered or copyright designs or works of art depicted in any picture.
4.3 ProfotoDesign and its associates shall only be responsible for obtaining such clearances if this has been expressly agreed in writing before production.
4.4 In all other cases the Client shall indemnify ProfotoDesign and its associates against all expenses, damages, claims and legal costs arising out of any failure to obtain such clearances.
4.5 ProfotoDesign and its associates will not be liable for any loss or damage, for any consequential loss of profit or income however caused including negligence by ProfotoDesign and its associates, or otherwise, and it is the Client’s responsibility to insure against such loss or damage.
5.0 Right to a credit
5.1 The ‘licence to use’ requires ‘ProfotoDesign.com’ will be credited on or in reasonable proximity to all published reproductions of the content supplied. ProfotoDesign will asserts our statutory and moral right to be identified in the circumstances set out in Sections 77‐79 of the Copyright, Designs and Patents Act 1988 or any amendment or re‐enactment thereof.
6.1 Unless a rejection fee has been agreed in advance, there is no right to reject based on style or composition of the work created.
7.1 In the event the project is cancelled we will retain the 50% deposit, or invoice for 50% of the total estimate amount, excluding travel/accommodation (unless pre-booked and paid for) see 10.0 Expenses for more details.
3 days or more ‐ No booking alteration fee.
1 to 2 days ‐ £30 booking alteration fee.
Less than 1 day ‐ £50 booking alteration fee.
9.1 A non-refundable 50% deposit is required to secure your booking in advance and can be made via all major debit/credit cards, no transaction fees. Funds must be cleared a min. 7 calendar days prior to the start date of the project.
9.2 We operate a strict no deposit no booking policy.
10.1 Where extra expenses or times are incurred by ProfotoDesign or its associates as a result of alterations to the original brief by the Client, or otherwise. The Client will be liable to such extra expenses or fees, in addition to the fees and expenses shown on the estimate as having been agreed or estimated.
10.2 All expenses incurred due to cancellation (including failure to make payment before production set up) or postponement from 3rd party costs ie. equipment hires, travel and accommodation associated with your initial booking will be chargeable and invoiced regardless of the time you notify us of your cancellation / postponement will be
charged to you the client. These charges will be invoiced with proof of purchase.
10.3 For projects which require full-day coverage, a standard £25 per person sustenance fee will be charged for lunch. For project which require an overnight stay, a standard fee of £90 per person per night will be charged incl. breakfast. Lunch and dinner will be charged at the standard sustenance £25 rate per person per meal.
10.4 In the event of additional night(s) of accommodation required due to delays in production incurred by 3rd parties and adverse weather. It is in agreement; this cost will be chargeable to you the client at the same rate as outlined above in 9.3 plus any additional hire costs incurred. We will endeavour to keep you inform of any such delays via email.
10.5 In the event of unforeseen prolonged delays, ProfotoDesign reserve the right to abort the project after 2 x additional nights, and to reschedule the work at our earliest convenience, it is in agreement that any associated cost/expenses incurred will be chargeable to you the client.
10.6 For project that require drone work, permissions and approval in some areas maybe restricted and subject to 3rd party/local authority fees, it is in agreement that these costs will be chargeable to you the client. We will endeavour to keep you informed of any such costs prior to any payment to seek your approval first.
10.7 For projects which require travel to and from a specified location within the UK, EU or Worldwide, a standard travel only day fee will be charged per person per day at £200.
9.8 Projects which remain 'in-progress' due to delays caused by you the client and/or third parties which are outside of ProfotoDesign's control, will be automatically invoiced in full for all work agreed after a max. 60 days from the date of the agreed estimate. All work which remains outstanding will be delivered as agreed.
11.1 Our standard payment term for all work is 7 calendar days, unless specifically agreed in writing in advance. We undertake all work on the reasonable assumption, that you the client, have read, and agreed, to our full terms and conditions of service.
11.2 For client(s) with a history of late payment(s), ProfotoDesign will take steps to protect our business, by moving you automatically, the client, to our pre-payment model. If you the client decide not to continue on this basis, we will unfortunately not be able to undertake any future work with you.
11.3 To protect our business we do not take on additional project work if you, the client, have an outstanding balance on account. The outstanding balance must be settled prior to making future bookings.
11.4 All work will be invoiced via our online payment platform powered by Stripe. We accept direct payment from all major debit/credit cards, by clicking on the 'Pay Now' link supplied within the invoice.
11.5 If you require to make a payment via BACS this can be done by requesting our bank account details, this should be done within 2 calendar days of the date of the invoice, payment should be received within the time period specified on the invoice.
12.0 Late Payments
12.1 In the unlikely event you the client fail to make/maintain payment(s) within the agreed payment term as outlined on your invoice, your outstanding balance will be subject to late payment and compensation charges automatically being applied as outlined in point 12.2 and 12.3 below.
Whilst we will endeavour to notify you via email of the pending payment deadline, the responsibility to maintain payment(s) remains with you the client.
12.2 In the unlikely event payments have not been received within the specified dates, the outstanding balance will be subject to an 8% charge above the Bank of England Interest Rate charged on a per calendar day basis.
12.3 In the unlikely event payments have not been received, the outstanding balance will also be subject to compensation under section 5A of the Late Payment of Commercial Debts (Interest) Act 1998 as outlined below.
Outstanding amount: Compensation:
> £999.99 GBP £40 GBP
£1,000 to £9.999.99 GBP £70 GBP
£10,000 GBP > £100 GBP.
You will be notified of the above charges formally in writing with a Late Payment Penalty Notice.
12.4 Payment by the client will be strictly within the specified time period as detailed in the relevant invoice for the commissioned work.
12.5 Thereafter, further charges may be made for any additional statement, letter (or email or phone call) issued for the recovery of the outstanding debt of not less than £15 for each and all other costs for the recovery of debts including bank charges.
12.6 Where the client is a company and whether that company has gone into liquidation or not, the individual directors will be held responsible for all outstanding fees and costs in relation to the contract.
12.7 Please note failure to make/maintain payment(s) will result in the suspension of your project. This will inevitably delay the delivery/release of the final content as other client work will be prioritised. The resumption of your project will be subject to our availability and current workload.
12.8 If you the client fails or refuses to make payment as agreed within the time frame as outlined, the debt will automatically be passed to a debt collection agency. Our agent is instructed to retrieve all monies owed. Please note this will incur you the client significant 3rd party charges and may result in a county court judgement (CCJ) against your business.
13.0 Video editing revisions
13.1 The price estimated for video based projects are inclusive of 1 x round of minor revisions. Alterations from the initial brief or extensive revisions that require more than 2‐hour post‐production time (including rendering time) will be subject to additional hourly charge of £60 GBP.
13.2 Upon receiving the requested unedited video content for review or the 1st edited version, the client has 7 calendar days to submit their suggested changes.
13.3 If no feedback is provided within the agreed 7 calendar days, the project will be invoiced in full, the project's post-production work will be held until we receive instructions for a maximum of 28 days, after this time period has elapsed, the project will be considered to be delivered to a satisfactory standard. Requested alterations after this time will be done on a discretionary basis and will be subject to our hourly rate of £60 GBP.
14.0 Photo editing revisions
14.1 Photography services provide incl. 1 x round of revisions for limited alterations for a max 1 hour of additional post-production time. Requested alterations to be made within 72 hours of delivery. Requested alterations after this time will be done on a discretionary basis and will be subject to our hourly rate of £60 GBP.
15.1 Credits are awarded on the first half-day or day rate only on each booking.
15.2 Credits can be redeemed across our range of photographic and video production services.
15.3 Credit can be accumulated for 12 months (capped) or redeemed-as-you-go. Credits are valid on your next booking.
15.4 Credits not used within 12 months will be invalid. No cash alternative given. Not valid in conjunction with any other offer.
16.0 Environmental policy
16.1 In order to meet our collective environmental responsibilities, the Client will be charged a fixed £10 'carbon footprint' charge per booking to offset the carbon emissions generated by the Client's project.
16.2 ProfotoDesign will match the Client's £10 donation.
16.3 In partnership with The Woodland Trust (TWT), a combined donation of £20 will be made on a per booking basis, on behalf of ProfotoDesign and the Client, to support TWT's tree planting and forest management work throughout the UK.
16.4 Proof of donation is available upon request after 7 days of receipt of payment.
17.0 Applicable law
17.1 This agreement shall be governed by the Laws of England & Wales.