MULTI AWARD-WINNING PROVIDER
Property Photographer Hampshire.
for Hampshire based Architects, Contractors, Developers, Hoteliers, Merchants, and Retailers
OUR PURPOSE
We do what we do, because each interaction with your business and brand matters.
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 reasonable assumption, you have read and agreed to our terms and conditions of service.
1. COPYRIGHT.
Supplied Content.ProfotoDesign, along with its associates, holds exclusive copyright over all the digital content we produce, in accordance with the Copyright, Designs, and Patents Act of 1988.
2. LICENCE.
2.1. Licence type. Content is purchased under our non-exclusive, non-transferable standard commercial licence. Upon purchase, you have the right to use the content to promote your brand, business, and services. This includes award submissions, company website, social media, and internal communications.
For editorial use, such as national newspapers, trade magazines, editorial features, or blogs (owned by a third party), are excluded from the standard commercial licence, and subject to an additional charge based upon your specific use requirements. For enquiries regarding obtaining an editorial licence, please contact sales@profotodesign.com
2.2. Non-transferable.The content provided is exclusively for use by the holder of our commercial licence. Any use of the content by a third party is expressly prohibited. Interested third parties must acquire the necessary commercial licence before utilising the content. For enquiries regarding obtaining a commercial licence, please contact sales@profotodesign.com
2.3. Use of Content. The licence(s) takes effect upon the complete receipt of payment. In the absence of full payment, any form of commercial or non-commercial use of the content is explicitly forbidden and may result in legal action under the Copyright, Designs, and Patents Act of 1988.
If payment is not received within the specified timeframe, the right to use the content is withheld until the outstanding balance has been settled.
2.4. Right to Credit.All content published, whether online or in print, must be attributed to 'ProfotoDesign' in close proximity to the published work. ProfotoDesign asserts its statutory and moral right to be identified as specified in Sections 77‐79 of the Copyright, Designs, and Patents Act of 1988 or any subsequent amendment or re‐enactment thereof.
3. DEPOSIT.
No Deposit. No Booking.A non-refundable 50% deposit, or the ‘base rate’ in full, is required to secure your booking in advance. Payment must be made no later than 48 hours prior to the start time of your requested booking. Payment to be made online via a secure link located on the issued invoice. Any requests for a booking(s) will be considered provisional, until deposit has been received, and confirmed details of the project/event are to be provided no later than 7 calendar days prior to the start time of requested booking.
4. PAYMENTS.
4.1. Payment Term.Our standard payment term is strictly 30-days (NET30 from date of invoice). Work is undertaken on the explicit agreement that, you the client, agrees to meet your contractual obligation within the specified timeframe as outlined in this term of service. Failure to do so will result in late payment penalties being applied as outlined in section 5 below.
Please note. If no deposit is secured prior to commencement of work, by default your invoice payment term will be a strict 14-days. All late payment penalties as outlined in section 5 will apply.
4.2. Online Payment (Preferred).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 located within the invoice.
4.3. BACS Payment (Optional).We accept payments via BACS. Please request our bank account details by contacting sales@profotodesign.com. Any delay in requesting our account details, will not negate your contractual obligation to make full payment within the stated time period in section 4.1.
5. LATE PAYMENT.
5.1. Late Payment Penalties.Late payments will be automatically subject to late payment interest and compensation penalties, as outlined in section 5A of the Late Payment of Commercial Debts (Interest) Act 1998. An 8% charge above the Bank of England Interest Rate, will be applied on a per calendar day basis.
5.2. Compensation.Compensation penalties will be charged as follows:
Up to £999.99 GBP = £40 GBP.
£1,000 to £9,999.99 GBP = £70 GBP.
£10,000 GBP and above = £100 GBP.
5.3. Additional Fees.Additional fees will automatically be applied for issuing any extra statements, letters (via email or phone call) related to the recovery of outstanding debts, with a minimum charge of £15 per instance. All other costs associated with debt recovery, including bank charges, will also be applicable.
5.4. Account Frozen.ProfotoDesign will refrain from accepting additional project work from you, the client, have an outstanding balance on your account. Settlement of the outstanding balance is required before making any future bookings.
5.5. Persistent Late Payments. For clients who have a track record of delayed payments, ProfotoDesign will implement measures to safeguard our business by transitioning you to our pre-payment model. If, as the client, you choose not to proceed under these terms, we regret to inform you that we will not be able to undertake any future work with you.
5.6. Debt Recovery. In the event that you, the client, fail or decline to make payment as stipulated within the specified timeframe, the debt will be forwarded to our debt collection agent. Our agent is authorised to recover all outstanding amounts. It is important to be aware that this action will lead to substantial third-party charges for you, the client, and may potentially result in a county court judgment (CCJ) against your business.
6. CANCELLATION FEE.
Any booking cancelled we will retain the 50% non-refundable deposit, or the full ‘base rate’ as outlined in section 3, as compensation for loss of earnings. Any additional expenditure made in preparation of your booking prior to cancellation will be charged in full to you the client.
7. SERVICE CHARGES.
7.1. Sustenance. All bookings which require 4 hours or more onsite will be charged a £25 per person/per meal to cover lunch and dinner.
7.2. Accommodation.Bookings which require overnight accommodation, this is charged at a flat rate of £120 per person per night (inclusive of breakfast).
If extra night(s) of accommodation become necessary due to production delays caused by third parties or adverse weather conditions, it is mutually agreed that this cost will be billed to you, the client, at the same rate specified in section 7.2 above, plus any additional incurred hire costs.
7.3. Travel.Travel by car will be charged at 50p per mile.
Travel by train will be charged at the same price as on the ticket(s) issued.
Projects which require travel (either by car or train) to and from a specified location within the UK, the day before and/or after the date of booking, will be charged £200 on a per person/per day basis.
8. SERVICES.
8.1. Photography / Video.Upon receiving the initial edited content for review, you have 7 calendar days to provide constructive feedback.
In the absence of feedback within the mutually agreed-upon 7 calendar days, the project will be invoiced in its entirety. Post-production work on the project will be suspended until we receive instructions for a maximum duration of 30 days. After this period, the project will be deemed to have been delivered to a satisfactory standard.
For any photographic or video project, requiring editing or revisions, beyond the included quota or after the maximum 30-day period, without providing feedback, a £60 per hour charge will apply.
8.2. Aerial Drone.For projects involving drone work, it is acknowledged that permissions and approvals in certain geographical areas may be restricted and subject to fees imposed by third parties or local authorities. It is agreed that these costs will be passed on to you, the client. We will make reasonable efforts to inform you of any such costs before any payment is made, to seek your approval in advance.
9. INDEMNITY.
You the client is responsible for ensuring that all necessary rights, model releases, clearances, or consents required for the reproduction of individuals, locations, or items depicted in any works are obtained. ProfotoDesign and its associates acknowledge that no warranty or assurance is provided regarding the acquisition of such rights, releases, or consents, whether concerning the use of names, individuals, trademarks, registered or copyrighted designs, or works of art featured in any image. In all other instances, you the client shall indemnify ProfotoDesign and its associates against all expenses, damages, claims, and legal costs arising from any failure to obtain such clearances. ProfotoDesign and its associates will not be held liable for any loss or damage, including consequential loss of profit or income, caused by negligence on the part of ProfotoDesign and its associates or otherwise. It is the client's responsibility to procure insurance against such loss or damage.
10. UNLAWFUL MISCONDUCT.
ProfotoDesign unequivocally condemns any form of aggression or abuse directed towards any member of its team or associates, whether manifested physically, verbally, in writing, or through online digital communications. Any such misconduct will be promptly reported to the police, accompanied by relevant evidence, for assessment of potential unlawful behaviour. All communication from the offending party will be redirected to our legal representative. Any engagement in unlawful misconduct towards any member of the ProfotoDesign team, and its associates, will have their content usage commercial licence permanently revoked with immediate effect. Failure to comply will result in any unlicenced content being used subject to legal action under the Copyright, Designs, and Patents Act of 1988. ProfotoDesign is committed to seeking prosecution under the laws of England and Wales and will take all necessary measures to bring the matter to a swift and satisfactory conclusion.