It is agreed that the following Terms and Conditions set out the agreement made between the parties “Pix by Vish” and “you”, defined in term 1, and that no variation or modification of these Terms and Conditions shall come into effect unless agreed by both parties in writing.
“Pix by Vish” refers to photographer Vishal Sharma, of 45 Kenworthy Lane, Northenden, Manchester, M22 4DU, who owns and operates the Pix by Vish website and Pix by Vish Photo Store at https://www.pixbyvish.co.uk and https://photostore.pixbyvish.co.uk respectively.
“You” refers to the company, individual or individuals who choose Pix by Vish for photographic services.
“Photographic services” refers to attendance of an agreed duration by Pix by Vish for photographic purposes on a named basis and on condition of an agreed fee.
“Proofs” refers to watermarked or non-watermarked images of a reduced-resolution produced from photographic services, minus rejects and duplicates. Proofs are hosted online for preview purposes at the Pix by Vish Photo Store – https://photostore.pixbyvish.co.uk
“High-resolution proofs” refers to non-watermarked images at high-resolution produced from photographic services, minus rejects and duplicates. Full-resolution proofs may be delivered by one of the following means unless agreed otherwise: CD/DVD/Blu-ray/USB/by download.
“Post-photographic services” refers to all photographic material produced from proofs/high-resolution proofs on condition of applicable fees.
“The contract” refers to an agreement between Pix by Vish and you on completion of a booking form and/or an agreement in writing to provide photographic services and proofs/high resolution proofs where applicable.
2. Photographic services as standard
The total fee for photographic services is agreed at the time of booking and confirmed on completion of a booking form or by written agreement (“the contract” – this includes payment of a 25% deposit unless agreed otherwise – please see term
2A. Written Agreements and Purchase Orders
Where a booking form is not completed, the contract will be made by written agreement – by letter, e-mail or fax. Where applicable Pix by Vish will request a purchase order number before fulfilling photographic services.
2B. Booking photographic services and liability
Photographic services must be booked for a specific date (or dates where applicable) and it is recommended you supply a written brief which specifies the particulars you require. Pix by Vish will endeavour to interpret your written brief in the best possible way but reserves the right to creative and artistic license and this shall be deemed to be final and correct. Where applicable, amendments to the initial brief may be supplied in writing or verbally prior to or during photographic services and Pix by Vish will endeavour to fulfil your requirements but reserves the right to creative and artistic license and the resulting photographic material from the photographic services provided will be deemed to be final and correct.
2C. Ordering post-photographic services and liability
Where applicable post-photographic services are made available to you after you have viewed and/or received proofs/high-resolution proofs. Pix by Vish, when and where applicable, will provide an order form and price list by e-mail or post. Specific post-photographic service requests not currently provided by Pix by Vish may be made by you but Pix by Vish cannot guarantee order fulfilment. Photographic material produced from post-photographic services is made-to-order and cannot be refunded (please see term 6C for terms of cancelling ordered, but unproduced, post-photographic services). All post-photographic services are produced to the highest standards and Pix by Vish will not be held liable or responsible for deterioration, corruption, accidental damage, theft or any other circumstance which may affect photographic material after it is delivered to you. Pix by Vish endeavours to provide photographic material with a pleasing colour balance but cannot guarantee colour matching to your own individual taste. Pix by Vish reserves the right to complete all post-photographic services within twenty eight days of confirming a post-photographic order with you. Pix by Vish reserves the right to extend this time frame if there is a delay in completing post-photographic services. Where a delay is expected you will be notified in writing.
Pix by Vish will retain photographic material produced from photographic services for you for six months from the date of contract. Pix by Vish reserves the right to delete or maintain selective photographic material produced for you from photographic services.
3. Pix by Vish’s right to exclusivity
You agree to Pix by Vish’s exclusive right to provide commissioned and paid photographic services for you on the date or dates indicated by you unless agreed otherwise in writing.
4. Indemnity and Insurance
Pix by Vish holds professional indemnity insurance and public liability insurance to the value of £2,000,000.
5. Payment of photographic services and interest
Where applicable Pix by Vish requests a deposit of 25% of the agreed fee for photographic services on completion and submission of a booking form or written agreement (“the contract”). The deposit is deducted from the total fee payable. Payment of a deposit can be made by cheque or bank transfer.
On completion of photographic services the remainder of the total fee shall be payable on receipt of an invoice and within thirty days unless agreed otherwise. You must notify Pix by Vish within five working days if you have not received an invoice. Payment beyond thirty days, or an alternative agreed timescale, shall incur interest at the rate of 8% above the Bank of England base rate which will be calculated on a weekly basis.
5A. Payment of post-photographic services
Payment for post-photographic services can be made by bank transfer. Please note that all photographic material produced from post-photographic services is made-to-order and cannot be refunded (please see term 6C for terms of cancelling ordered, but unproduced, post-photographic services).
6. Force majeure or Act of God
The contract made between you and Pix by Vish may be subject to alteration or cancellation by either party owing to any exceptional cause which is beyond either party’s control.
6A. Cancellation of photographic services by you
Pix by Vish allows a cancellation period of fourteen or more day’s notice where your deposit will be returned to you less a £50.00 cancellation fee. If you provide less than fourteen days notice, a credit note for your deposit less a £50.00 cancellation fee will be issued to you for any service from Pix by Vish at a future date, subject to availability.
6B. Cancellation of photographic services by Pix by Vish
In the unlikely event of a cancellation and where you wish to proceed with photographic services, Pix by Vish will endeavour to fulfil the contract by arranging a third party photographer. The agreed payment made to Pix by Vish as part of the contract will remain payable by you. In the event that a third party photographer cannot be arranged, your deposit will be returned to you in full.
6C. Cancellation of post-photographic services by you
Pix by Vish allows cancellation of post-photographic services free-of-charge as long as the order has not begun processing. Please note that processing may begin within 24 hours of an order being placed and if this is the case, Pix by Vish will not permit cancellation and will not provide a refund as all post-photographic services are made-to-order.
6D. Cancellation of post-photographic services by Pix by Vish
If Pix by Vish is unable to provide agreed post-photographic services for you, Pix by Vish will issue a full refund where appropriate.
7. Pix by Vish’s right to use
Subject to agreed exceptions you agree that Pix by Vish may use any photographic material produced from this contract on websites, in portfolios, in literature, in any display area, exhibitions, competitions, advertising or for any other commercial use. You will not be entitled to any monies or royalties as images remain the copyright of Pix by Vish.
7A. Photographic material in the Pix by Vish Photo Store
You agree that all photographic material provided to you is eligible to be placed in the Pix by Vish Photo Store for sale or download, unless agreed otherwise.
8. Returns and refunds of photographic material
All photographic material produced from post-photographic services and supplied to you is presumed to have been received in good condition unless you notify Pix by Vish in writing of any discrepancy or error within fourteen days of receipt. Pix by Vish will not refund nor accept the return of any technically acceptable photograph or photographs supplied either in physical or digital format. Where photographic material supplied to you is found to be faulty, defective or damaged such photographic material will be replaced and delivered free of charge by Pix by Vish.
The entire copyright of all photographic material produced and supplied to you is retained by Pix by Vish at all times throughout the world. All design, documents and information to which you have access remain the strict property of Pix by Vish and may not be copied, reproduced, stored in a retrieval system or transmitted in any form or by any other means, either in part or full, without the express written permission of Pix by Vish.
From time to time, Pix by Vish may offer discounts by voucher code or a promotional offer. Discounts are offered at Pix by Vish’s discretion and may only be used once and cannot be used in conjunction with another voucher code or promotional offer.
10. Copyright assignment
Pix by Vish reserves the right to use photographic material produced from photographic services for the purposes of portfolio and promotional purposes.
11. Modification to Terms and Conditions
Pix by Vish reserves the right to modify the Terms and Conditions outlined from time to time.