The following words or expressions shall have the meanings stated:
“Mike Norman Photographic Services” shall be known as Mike Norman Photography.
“Customer” means the person identified as the customer on any contract, purchase order or booking form.
“Order” means the work to be carried out by Mike Norman Photography as evidenced on a contract, purchase order or booking form and confirmed by Mike Norman Photography.
“Contract, purchase order or booking form” means the documents produced to show the agreed working requirements of Mike Norman Photography representatives.
“Material” means all photographs, prints, transparencies, images, negatives, digital scans, digital files, design, artwork, montages, drawings, engravings and/or any other photographic product or other product, including third party advertising comprising of or containing reproduction of any form of photographic material, and which has been created by or under the name of Mike Norman Photography
“Price” means the agreed amount of money payable by the customer and Mike Norman Photography in order for Mike Norman Photography to deliver the Order.
- Any work of any description undertaken by Mike Norman Photography shall be subject to these Terms and Conditions.
1.1 Any person/persons contracted by Mike Norman Photography shall be subject to these Terms and Conditions.
- Copyright of all Material is retained worldwide by Mike Norman Photography at all times and nothing shall be deemed as a release, transfer, assignment or other disposal of Mike Norman Photography rights in the Material, save as:
2.1 specifically set out in these Terms and Condition or
2.2 may otherwise be agreed by the Mike Norman Photography in writing.
- In consideration of the Price Mike Norman Photography will undertake such work as is necessary to fulfil the requirements of an Order based on the requirements of the Customer and agreed prior to the event date of the Order.
3.1 In consideration of Mike Norman Photography agreement in paragraph 3 above the Customer will pay the Price in accordance with the provisions set out in paragraph 4 below.
- An Order shall be subject to the following provisions:
4.1 Mike Norman Photography shall be entitled to require a deposit payment on account of the Price in such sum as may be agreed between Mike Norman Photography and the Customer prior to the taking of any steps to create any Material or to secure dates for an Order.
4.2 In the event of a cancellation of an Order by the Customer prior to six weeks of the event date of an Order, in addition to any entitlement to claim damages for losses arising from such cancellation Mike Norman Photography shall, in any event, be entitled to retain the deposit paid and/or agreed. This deposit is non transferable.
4.3 In the event of a cancellation of an Order by the Customer within six weeks of the event date of an Order, in addition to any entitlement to claim damages for losses arising from such cancellation Mike Norman Photography shall, in any event, be entitled to 50% of the Price. This payment is non transferable
4.3 If Mike Norman Photography has reason for not carrying out the agreed working requirements of an Order, the following provisions shall apply:
4.3.1 If Mike Norman Photography cannot attend to his duties for medical, natural, and or any other reason, all effort shall be made by Mike Norman Photography to engage a competent replacement photographer at the same or similar cost to the Customer. If Mike Norman Photography cannot source a replacement photographer or the Customer is not satisfied with the proposed replacement, all monies paid by the Customer (including any deposit) shall be refunded in full and Mike Norman Photography liability shall be limited to this refund. The limit of liability shall NOT exceed monies paid.
4.4 Mike Norman Photography shall be entitled to regard any Order that is not evidenced in writing as invalid.
4.5 Mike Norman Photography licences the Customer to utilise the Material produced as a result of the Customer’s Order to the extent set out in writing between the Customer and Mike Norman Photography. Any breach of such licence shall automatically revoke such licence without further notification from Mike Norman Photography.
4.6 Unless specifically otherwise agreed in writing between Mike Norman Photography and the Customer, Mike Norman Photography is entitled to utilise Material ordered by the Customer for the advertising, marketing and promotion of Mike Norman Photography and or including third party advertising comprising of or containing reproduction of any form of photographic material, and which has been created by or under the name of Mike Norman Photography
4.7 Mike Norman Photography shall be entitled to use his judgement regarding the style and artistic input in the production of Material, unless otherwise agreed between the Customer and Mike Norman Photography at the Order stage.
4.8 Mike Norman Photography shall not be liable to the Customer for any failure, in whole or in part, to fulfil his obligations under an Order where failure arises as a result of an event or circumstances beyond his control, which may include (but are not limited to) equipment failure, inclement weather, illness or injury venue restrictions and time available. Although every reasonable effort will be made to ensure fulfilment of an Order.
- Payment of the Price shall be made to the following terms:
5.1 Business to Business Orders: On completion of all obligations within an Order Mike Norman Photography shall deliver an invoice for the Price to the Customer and the Customer shall pay the Price (or any balance of it) within 30 days of the date of the invoice. Any sum outstanding after the expiry of 30 days shall have the following consequences:
5.1.1 Interest at a rate of 2.5% per month or part month and will accrue in respect of the outstanding sum.
5.2 Non-business Orders: Payment terms are laid down in the booking form and correspondence from Mike Norma Photography. Failure to comply with these payment terms supported by these Terms and Conditions may result in a termination of an Order.
6. Any licence granted by the provisions of paragraphs 5 to 5.2 above shall be automatically revoked and shall only be capable of reinstatement upon payment of any outstanding sum plus interest and any other costs incurred by Mike Norman Photography.
7. All Materials forming part of an Order remain the property of Mike Norman Photography until full payment of the Price has been made.
8. The contractual relationship between Mike Norman Photography and the Customer shall be governed by the laws of England.
- An Order, as evidenced by information on the Booking Form and as governed by and together with these Terms and Conditions shall form the entire agreement between Mike Norman Photography and the Customer, save as otherwise agreed in writing.
- Proofs will remain online for a period of six months. All albums are to be ordered within this period from receipt of such proofs to avoid any additional charges that Mike Norman Photography may incur. To include albums or otherwise in connection to your proofs extending beyond this period. Proofs may go back online at a cost of £35.
10.1. All albums ordered after the initial six month period will incur the difference of any price increment incurred by Mike Norman Photography from the date the proofs were first online to the present market.
10.2. Mike Norman Photography cannot be held responsible for certain present or future DVD/USB viewing technology that may not play the DVD/USBs.
10.3 Any amendments to DVD/USBs, must be reported within four weeks of receipt of such DVD/USB.