Our Business Terms and Conditions
January 2015 V1
High Level Photography Limited a company registered in England and trading as High Level Photography, High Level and High Level TV referred to as “We” “Us” or “Our” and any person firm or company referred to as “You” or “Your” in these terms and conditions.
These terms and conditions are the terms on which we both mutually agree to do business.
Order Acceptance Policy
1. We provide various services, which may include without limitation, photography, filming, processing digital images, creating virtual tours, other moving digital media or the design of particulars or brochures. These terms and conditions shall apply to all services provided by us, unless otherwise specifically agreed in writing. By using our online order form, ordering by telephone or by email you agree to be bound by these terms and conditions. All orders and requests for our services will be subject to our acceptance, which will be notified to you when we confirm your order. We reserve the right to amend these terms and conditions from time to time and new versions will available on our web site.
2. We may require additional information from you before accepting any order or providing services. This additional information may be subsequently disclosed by us to financial institutions, credit investigation bureaus and/or government agencies.
3. Written quotations are valid for 30 days. The quotation may be inclusive of all preparatory work, provision of any written documentation (e.g. Health & Safety documents, Method Statements and Risk Assessments) or fees for any permissions required (e.g. by the Civil Aviation Authority, Air Traffic Control, Police and relevant landowners), travel and accommodation (where necessary), limited post-production processing work and delivery of materials.
4. Value Added Tax will be applied at the prevailing rate on the inclusive fee. A series of assignments is treated as a set of individual contracts.
5. You accept that our quotation does not indicate an acceptance of your order, neither does it constitute confirmation of our offer to supply which we will confirm with an order acknowledgement
6. Written briefs are recommended to ensure your photographic objectives are well defined to avoid errors. The brief should include, but not limited to, full postal address with postcode, on-site contact maps, site plans with boundaries with the North compass bearing clearly marked, OS Grid references (6-figure) and any other material required to accurately identify the site from the air and ground.
7. The Brief should also indicate the proposed use and method of publication of the images, for which a licence to use for the stated purpose will be granted.
8. If a site survey is needed prior to the quotation, the cost will be agreed and invoiced in advance. If the resulting survey requires the production of a site specific Health and Safety Risk and method statement produced a separate charge will be made.
Photographic Material Supplied
9. Photographic stills will normally be shot on professional digital camera equipment as Camera RAW or High Resolution Jpeg files and supplied to you as un-edited and un-processed RAW or high-resolution jpegs, on a Data CD or DVD. If required and when agreed, a printed contact sheet print will be provided. Video material will be recorded in a format agreed at the brief stage and be supplied as unedited rushes on a hard disk or DVD. Reorders, copies, reprints and enlargements etc from the original material can be supplied on request. Reorders will be treated as an extension to this contract and should include image reference numbers and are required in writing. Finished materials are normally dispatched within 48 hours of completion of the location work.
10. Retouching, digital manipulation and stitching of supplied images is available at an additional cost. We will process and enhance images at your request although. If any imagery is to be used for property marketing we wish to draw your attention to the Property Misdescriptions Act 1991 (‘PMA’). We may process images at your request to enhance an image but this will only be performed with accordance of the PMA, unless you instruct us. We will not alter our images to deliberately mislead the viewer. ( Unless they are to be used for creative purposes )
11. It is your responsibility to check photographs supplied to ensure that they are correct in all requirements. You may choose photographs to be taken at the photographers discretion, please note if you select this option you will not be eligible for a free re-shoot if we have not received specific requirements from you as per the brief. Our images will be deemed to be acceptable by you unless you inform us by email or by telephone within 2 working days of receiving the images, detailing the precise reason you believe the images to be unacceptable. If we agree, then the photographs will be re-shot free of charge. If we do not feel the photographs are unacceptable but the rejection is borne out of personal preferences we were not made aware of, then any required re-shooting of the property will be charged at prevailing rates.
Purchase Orders, Confirmation of Order
12. When you confirm an order, in writing or verbally, we take it in good faith that you are authorised to place such an order and you agree to provide a purchase order number if one is required to expedite payment.
Billing / Invoicing Details
13. When you confirm an order you create a contract between us and you. If you ask us to invoice a third party for payment we may do this but if the third party does not pay the invoice for any reason you remain liable for the unpaid amount.
14. If you ask us to re-invoice a third party after we have invoiced you we reserve the right to add an administration fee to cover the costs of administration time and any delay in receiving payment.
Payment and Deposits
15. Payment of all invoices are due upon receipt unless we have agreed different payment terms.
16. In some cases we will require a payment of a deposit before work commences. The balance is due on the day of the invoice date (which will be the date when finished materials are dispatched to you). In the case of work being required by you to be done in phases, and should the period between starting the work and the final phase being completed be extended beyond 14 days, then an interim payment, which may be the full price, may be required.
17. Time of payment shall be of the essence. If you fail to make any payment on the due date then without prejudice to any other right or remedy available to us we shall be entitled to cancel the order or suspend any further delivery of any goods and services.
18. We reserve the right to add statutory Late Payment Interest (Bank of England Base Rate + 8%) to overdue accounts under the Late Payment of Commercial Debts (Interest) Act 1998
19. Notice of cancellation by you must be received by us in writing at least 7 days prior to any planned assignment. Cancellation may be subject to a charge to recover any expenses incurred by us.
20. With any unmanned aerial vehicle (UAV) photography flight permission may be required, permission from the Civil Aviation Authority (CAA), local Police, other authorities and relevant landowners, when needed, is generally granted within a day or so, however it may take several weeks (CAA may require up to 28 days written notice of intention to fly for certain areas). This is usually granted but certain height and/or other conditions may be applied). All work is subject to obtaining permitted and legal access from which to safely operate the UAV equipment.
21. We will always endeavour to complete any assignments by proposed completion dates. However, due to weather and other operational constraints, we cannot guarantee completion on or by any specific date. We, therefore, cannot be held responsible for any missed publishing or other deadlines or any consequences involving the timing of the commission. Certain requested shots from specific locations, directions and heights, requested, may not be possible on the day for various operational reasons. In this case, the best possible alternatives will be supplied and these will be deemed to fulfil the contract. If, due to operational conditions, if it becomes evident that all the work cannot be completed in one day, then work will be prioritised to ensure the most important shots are achieved.
22. The quality of photographs taken after sunset, with a UAV, cannot be guaranteed and usually will not be attempted. Images required to be taken in a southerly direction (i.e. into the sun), especially in the winter, will undoubtedly suffer, from lens flare. In exceptional circumstances, we may not be able to completely fulfil or complete a contract at all.
Intellectual Property and Licensing
23. Unless otherwise stated, the copyright on all photographs, graphic images and other elements is retained by us and you may not be store, use or reproduce for any other purpose than licensed without our express prior consent.
24. Any licence to use comes into effect from the date of payment of the relevant invoice. No use may be made of the images before payment in full of the relevant invoice without our express permission. Any permission which may be given for prior use will automatically be revoked if full payment is not made by the due date or if you are put in administration, receivership or liquidation. The Licence only applies to you for the reasons declared and its benefit shall not be assigned to any third party without our permission. Permission to use the images for purposes outside the terms of the Licence will normally be granted upon payment of a further fee, which must be mutually agreed (and paid in full) before such further use. Unless otherwise agreed in writing, all further licences in respect of the images will be subject to these terms and conditions.
25. We assert our right to be identified as creator of the images. We must be credited whenever images are published, displayed, used in video or DVD productions, transmitted or broadcast.
26. A copy of the finished production or publication will be required, unless otherwise stated.
27. Unless you advise of the confidential nature of any assignment where we will agree not to reproduce certain images for an agreed period. You permit us the right to use any images for photographic library use, publications and other uses without reference to you.
28. As with any location photography, a successful outcome is dependent upon suitable weather conditions and for them to be forecast accurately. A decision to photograph on a particular day is normally delayed to the last practical moment to maximise the chance of suitable weather. Should you require us to proceed with any assignment against our advice you will be liable for any re-visit costs should you be unhappy with the results we achieve.
29. If you should cancel or postpone due to weather, notwithstanding any other rights, we reserve the right to charge for a cancelled day.
30. If the assignment is weather dependant we recommend you take out weather insurance.
Limitation of Liability
31. If any assignment could not be completed due to events outside of our control (e.g. lack of access or unscheduled site activity, or Operational Constraints etc.) Force Majeure, We cannot be held liable for any costs you may be charged to re-schedule and you may be charged a re-visit fee.
32. Should we be held liable then in any event, the liability of ours will be limited to the total value of the contract with no liability accepted for indirect and/or consequential loss. We do not accept liability for errors resulting from incomplete or inaccurate instructions you or for delays or restrictions caused by Air Traffic Control, CAA or the Police.
33. Whilst back-up copies of CDs are usually kept, we accept no responsibility and liability for maintaining archive copies of photographic material after the work has been delivered to and accepted by you.
34. We may assign the Contract or any part of it to any person, firm or company.
35. You shall not be entitled to assign the Contract or any part of it without the prior written consent of us.
36. This is the only agreement between us and you. If a court decides that any part of the agreement cannot be enforced, then that part will not apply. The rest of this agreement will continue to apply. Any notice given under this agreement must be made in writing and may sent by pre-paid first class post to the parties’ respective addresses or by email email will only considered a proper notice when it is acknowledged by a reply to the notice email.
37. These terms and conditions shall be governed by the Laws of England the parties agree to submit to the exclusive jurisdiction of the English Courts.
38. No waiver by us of any breach of the Contract By you shall be considered as a waiver of any subsequent breach of the same or any other provision.
Our Web Terms and Conditions
This Web site is owned and operated by High Level, a trading name of High Level Photography Ltd , whose registered office is Merryways, Blundel Lane, Cobham, Surrey, KT11 2SF. For the purposes of these Terms and Conditions “We”, “Our” and “Us” refers to High Level Photography Ltd trading as High Level and High Level TV. Please review these Terms and Conditions carefully before using this Web site. Your use of this Web site indicates your agreement to be bound by these Terms and Conditions.
All trade marks, copyright, database rights and other intellectual property rights in the materials on this Web site (as well as the organisation and layout of this Web site) together with the underlying software code are owned either directly by Us or by Our licensors. Without Our prior written permission, you may not copy, modify, alter, publish, broadcast, distribute, sell or transfer any material on this Web site or the underlying software code whether in whole or in part. However, the contents of this Web site may be downloaded, printed or copied for your personal non-commercial use.
All names, images, logos identifying High Level TV or High Level are proprietary marks of High Level Photgraphy Ltd. All third party brand, product, service and company names contained on this site are the trademarks, service marks and trade names of their respective holders. High Level does not give permission for their use by any person other than the holders. Any such use may constitute an infringement of the holders´ rights.
You may only use this Web site in accordance with these Terms and Conditions and, in any event, for lawful and proper purposes which includes complying with all applicable laws, regulations and codes of practice within the UK or other jurisdiction from which you are accessing this Web site.
In particular, you agree that you will not:
- post, transmit or disseminate any information on or via this Web site which is or may be harmful, obscene, defamatory or otherwise illegal;
- use this Web site in a manner which causes or may cause an infringement of the rights of any other; make any unauthorised, false or fraudulent booking;
- use any software, routine or device to interfere or attempt to interfere electronically or manually with the operation or functionality of this Web site including but not limited to uploading or making available files containing corrupt data or viruses via whatever means;
- deface, alter or interfere with the front end ‘look and feel’ of this Web site or the underlying software code;
- take any action that imposes an unreasonable or disproportionately large load on this Web site or related infrastructure;
- obtain or attempt to obtain unauthorised access, via whatever means, to any of Our networks.
Without prejudice to any of Our other rights (whether at law or otherwise) We reserve the right to:
- cancel your bookings without reference to you; and/or
- deny you access to this Web site where We believe (in Our absolute discretion) that you are in breach of any of these Terms and Conditions
All rights, including copyright and database right, in the website and its contents, are owned by or licensed to High Level, or otherwise used by High Level as permitted by applicable law or the copyright holder. You may not copy, reproduce, republish, download, post, broadcast or transmit any text, images, graphic, logo, button, icon, image and their selection and arrangement thereof, and any underlying source code and software, for any commercial or public purpose without prior written permission from High Level or the copyright holder.
You may not adapt, alter or create any of the material or information in this site or use it for any other purpose other than for your personal non-commercial use. You agree to use this site only for lawful purposes.
High Level reserves the right to use for its own purposes any material submitted to the site, including text and images, either on the site or in any other form, including for publicity purposes. High Level reserves the right to monitor submissions to the site and to edit or reject any submissions.
Changes to this Web site
We may make improvements or changes to the information, services, products and other materials on this Web site, or terminate this Web site, at any time without notice. We may also modify these Terms and Conditions at any time, and such modification shall be effective immediately upon posting of the modified Terms and Conditions on this Web site. Accordingly, your continued access or use of this Web site is deemed to be your acceptance of the modified Terms and Conditions.
Links to Other Web sites
This Web site may include links to other internet sites. We do not endorse any such web sites and We are not responsible for the information, material, products or services contained on or accessible through those web sites. Your access and use of such web sites remains solely at your own risk.
You may link to this Web site with Our consent. We expressly reserve the right to withdraw Our consent at any time to a link which in Our sole opinion is inappropriate or controversial.
Limitation of Liability
In no event will We be liable for any direct, indirect, special, punitive, exemplary or consequential losses or damages of whatsoever kind arising out of access to, or the use of this Web site or any information contained in it, including loss of profit and the like whether or not in the contemplation of the parties, whether based on breach of contract, tort (including negligence), product liability or otherwise, even if advised of the possibility of such damages.
Nothing in these Terms and Conditions shall exclude or limit Our liability for death or personal injury caused by negligence or for fraudulent misrepresentation.
Disclaimer of Warranty
To the maximum extent permitted by law, We disclaim all implied warranties with regard to the information, services and materials contained on this Web site. All such information, services and materials are provided “as is” and “as available” without warranty of any kind.
You agree to indemnify, defend and hold Us harmless from any liability, loss, claim and expense (including reasonable legal fees) related to your breach of these Terms and Conditions.
These Terms and Conditions refer only to your use of this Web site and separate conditions apply to hire or purchase of goods and services.
These Terms and Conditions contain all the terms of your agreement with Us relating to your use of this Web site. No other written or oral statement (including statements in any brochure or promotional literature published by Us) will be incorporated.
High Level makes no warranty whatsoever for the reliability, stability or any virus-free nature of any software being downloaded from this web site, or for the availability of the download sites where applicable.
All software products downloaded from any section of this web site or via a link pointed to by this web site are downloaded, installed, and used totally and entirely at the users own risk.
Your use of this Web site, any downloaded material from it and the operation of these Terms and Conditions shall be governed by, construed and interpreted in accordance with the laws of England and Wales and you agree to submit to the non-exclusive jurisdiction of the English Courts. We reserve the right to bring proceedings in the Courts of the country of your residence.
Throughout this web site the terms “partner(s)” and “partnership(s)” are used to refer to individual marketing or co-operation agreements and not to any relationship which has specific legal or tax implications.
High Level cannot therefore accept any liability for the conduct of these partner organisations.