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The following terms and conditions are to be considered as a contract between PrimePix and you the customer. These terms and conditions shall be liable to change from time to time and PrimePix reserves the right to amend this agreement accordingly. If PrimePix are acting on behalf of a client who is acting as an intermediary, these terms and conditions still apply to the customer and any customer of the intermediary.
It is understood and accepted that the customer is deemed to have read and accepted the terms stated in these Terms and Conditions.
ORDERS & QUOTATIONS
Any written quotations are valid for one calendar month from date of quotation and if a site visit has not been undertaken and based upon written brief from the customer, PrimePix reserve the right to amend or withdraw the quotation if the written brief is inaccurate or any additional services or additional costs are incurred. The written brief needs to state location and exact requirements, along with contact details. Any site visit may involve a site visit fee, this will be negotiated and agreed prior to any visit and may be invoiced separately.
THE SERVICE
It is the Customer’s responsibility to ensure that PrimePix representatives have legal access to the site/property. PrimePix has the right to decide whether the site is suitable and safe for the commission. If all relevant access is not available at the time of the pre-arranged site visit, then the customer shall be liable for the full commission cost.
The customer must notify any cancellation to PrimePix at least 7 days in advance, failure to give the stipulated length of notice will be at the discretion of PrimePix to charge for all of the cost of the commission.
PrimePix cannot guarantee the photograph will match what the human eye can view. For example, the human eye is capable of increasing and decreasing the contrast in the same scene, allows for depth perception (3D). PrimePix use the latest relevant equipment available as at April 08.
Elevated Photography
For a momentum elevated photograph an A4 print will be given to the customer at the time of the visit along with the image burned onto CD. This will normally be in JPEG format. However, the equipment we use allows a RAW image to be taken allowing a high quality image to be converted into TIFF or other formats, although this shall incur an extra £10 charge due to the additional post site work involved back at our office. In these circumstances the CD will be sent to the Customer rather than given at the site visit. Additional prints are available including a canvas print, pricing to be discussed and agreed with PrimePix dependant upon your requirements.
Virtual Tours
Virtual tours can be hosted on the PrimePix website for free for 6 months. PrimePix reserves the right to withdraw this free hosting if PrimePix deem the level of internet traffic too high. This is at PrimePix discretion and PrimePix will supply a copy of the virtual tour to the customer. After 6 months a monthly charge will be incurred for hosting on the PrimePix website.
Virtual Tours not hosted on the website will be sent via CD to the customer. Due to the level of post visit work, PrimePix target is to send the virtual tour to the customer within a week of the visit, however should PrimePix not meet that target PrimePix cannot be held responsible or liable for the Customer not meeting any of their own time constraints.
Floor Plans
Floor plans can be supplied in 2D or 3D depending on customer requirement, a site visit will be required unless suitable acceptable scaled plans are provided by the customer. The floor plans will normally be supplied on CD in a GIF format. Time scales will be varied and an indication will be agreed at time of quotation along with the customer requirements.
COPYRIGHT & USAGE
In reference to photographs that were taken after 1 August 1989, the owner of the photographs is the author. PrimePix shall always retain the copyright unless previously agreed in writing from PrimePix or agreed at a later date. Any later request must be made from the customer or customer's representative to PrimePix and a written response from PrimePix must be received before any authority is allowed to use the photograph(s).
All corporate commissioned photographs allow use of the images within the boundaries of the original purpose. They may be used in the customers own material for marketing, advertising or internet sites etc. They may only be sold as part of a report, retail packaging etc.
All personal commissions allow personal reproduction rights. Personal reproduction rights does not allow for the photograph(s) to be placed on web sites or produced on any other media, nor can they be used for advertising, marketing or publicity of any manner. Should you require them for any of these purposes you must receive written authority from PrimePix as detailed earlier in these T & C’s.
No images can be passed or sold onto a third party in whole or part without written authority from PrimePix.
Moral rights are required in any photograph that is on any public display or published in any media, this includes adding, at minimum, the name of the author, PrimePix.
PrimePix accept no responsibility for any images that have been adjusted or manipulated or used in any defamatory manner. PrimePix reserves the right to object or withdraw copyright authority (without refund) to photographs being used that have been manipulated in any manner or is damaging to the reputation of PrimePix.
Any request for extended copyright may involve an additional charge being requested dependant upon the request.
FAILURE TO PROVIDE THE SERVICE
PrimePix cannot be held responsible for any missed agreed time-scales that may result in the customer not meeting their own time-scales due to the failure of PrimePix delivering the service or loss of time in any manner. PrimePix cannot be held responsible for any failure whatsoever for not delivering the service for any specific event or time.
Although PrimePix use professional equipment, there are certain safety limitations. Weather conditions is a major contributing factor that limit the use of our equipment safely. If a site visit is interrupted due to weather or other unforeseen circumstances then a further site visit shall be pre-arranged which may involve a charge depending upon the reason for travelling costs etc. to be negotiated and agreed by PrimePix and the customer. PrimePix will endeavour to rearrange failed appointments at the earliest convenient opportunity. PrimePix endeavour to calculate weather in advance using the Met Office, however the weather can be unpredictable and PrimePix will always try to give as much notice as possible for cancellations although weather beyond a 24 hour forecast can be less accurate. A decision based on weather is generally delayed until the last possible moment to try and maximise suitable weather. The successful result of a photograph is improved with good weather and timing. PrimePix cannot be held responsible for any losses whatsoever for a cancellation made by PrimePix, no matter the length of notice given.
If PrimePix are unable to undertake any agreed work for whatever reason, PrimePix will ensure any deposit or payment received will be fully refunded to the customer.
PRICING & PAYMENT
Pricing varies per commission requirements, the price shall be agreed with PrimePix and the customer prior to undertaking the commission. Payment can be made by cheque (payable to “PrimePix”), cash (in person at time of visit only, not through post or any other means, PrimePix accepts no responsibility for lost cash), direct bank transfer and major debit/credit cards online through Paypal. At present we do not have the facility to accept cards at the time of the visit or over the telephone. If you wish to pay by Paypal please inform PrimePix and an electronic invoice will be raised to allow this method.
Private commissions will require cleared payment before any photograph or electronic media is released to the customer.
Corporate commissions will be invoiced and payment is required within 30 days from date of invoice. PrimePix reserves the right to add statutory late interest, Base Rate & 8%, to overdue invoices (Late Payment of Commercial Debts (Interest) Act 1998).
PrimePix retain all absolute rights to photographic material until full invoiced payment has been made.
All prices exclude VAT.
INSURANCE
PrimePix has Public Liability insurance of up to £5m, a copy is available upon request.
OTHER
These terms and conditions apply to all elevated photography, virtual tours, small world and floor plans plus any service available that PrimePix undertake.
PrimePix reserve the right to reject any commission.
The “Property Misdescriptions Act” makes it a criminal offence for estate agents and property developers to dishonestly and misleadingly describe property they are selling - Although PrimePix are able to remove a majority of small temporary items within a photograph back at our office, if the intended use of the photograph is to sell your property then we are unable to remove anything that deliberately portrays the property falsely.
Certain projects may vary to these Terms & Conditions. If this is the case the differing terms will clearly be stated in writing from PrimePix prior to any work commencing.
T & C April 2008
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