When you ask Doctor Photo (me) to enhance your photographs, the following Terms will apply.
These Terms refer to you or your Company as the 'Client' or 'you' or 'your'. Doctor Photo is referred to by the words, 'I' and 'me'.
Agreement Type and Charging
When you, the Client, sends image(s) to me for enhancement, the agreement between us relates to the work to be undertaken to that/those image(s) and shall be charged for at the rate shown on the Internet site at www.doctor-photo.co.uk/prices on the date that the photograph(s) is/are sent.
A Day-Rate agreement is for the purpose of taking on a more flexible working arrangement where work is priced on the basis of days used. A day shall be defined as 8 working hours. The Day Rate is charged currently at £250 and might be appropriate where Doctor Photo undertakes work on a large portfolio of images for any one Client.
Acceptance of this Agreement
This agreement shall be deemed to have been accepted by you upon my receipt of any image(s) that you send to me. Any deviation from these terms must be agreed in writing.
Upon sending any photograph(s) to me, you will be deemed to have the authority to instruct me to undertake the work requested by you. If you do not have authority and the Company for which you work, or the person for whom you work, then denies liability to pay any proper invoice that I raise in connection with photograph(s) that you have sent to me, then you hereby declare that you will be personally responsible and liable for the settling of any proper account that I raise following completion of any work that you have asked me to undertake.
Sub-contractors
If required, I reserve the right and the Client hereby agrees to allow, the use of sub-contractors or agents to work on any aspect of any Project sent to me.
Project Copyright
Copyright of any enhancement to any photograph sent to me will remain with me. The Client will be assigned the copyright for the enhancement once the final payment under this agreement has been received by me. Copyright of all images as they were originally supplied will remain with the Client; however the Client gives their consent for their original copyrighted images to be used as examples of work undertaken by me. The Client consents also to their enhanced images being used for the same purpose. I will always respond positively if you request not to have your images displayed in my portfolio and no reference will be made to the Client's details or name.
Copyright and Trademarks
The Client unconditionally guarantees that any photos, or other artwork furnished to me are owned by the Client, or that the Client has permission from the rightful owner to use them, and will hold harmless, protect, indemnify and defend me and my sub-contractors from any liability (including legal fees and court costs), including any claim or suit, threatened or actual, arising from the use of such elements furnished by the Client.
Project Completion
I aim to complete and return photo enhancements in 48 working hours, working Monday to Friday.
Payments
I will issue invoices in respect of work undertaken. The Client is required to settle invoices as the payment falls due, and the Client hereby agrees that I may suspend ongoing work until any arrears have been paid. If debt collection proves necessary, the Client agrees to pay all fees (including all legal fees and court costs) incurred by such a process, or as specified by any third party debt collection agency.
My standard terms for settlement are within 14 days of invoice.
Liability
Legal Notice notwithstanding anything to the contrary contained in this Agreement, I do not guarantee or warrant that any photographs upon which my agents or I shall work will be fully acceptable to you or error-free. The entire risk as to the quality and performance of the Project is with you, the Client. In no event will I be liable to the Client or any third party for any damages, and as well as not accepting liability to you pertaining to the acceptability to you of any image enhanced by my agents or me, I will not accept liability for including, but not limited to, service interruptions caused by Acts of God, "the Hosting Service" or any other circumstances beyond my control, any lost profits, lost savings or other incidental, consequential, punitive, or special damages arising out of the operation of or inability to complete the Project, failure of any service provider, of any telecommunications carrier, of the internet backbone, of any internet servers, your or your company's computer or internet software, even if I have been advised of the possibility of such damages.
In plain English: If I accept a commission to enhance a photograph I shall do my best to make improvements that will enable the image to look as good as it is possible for that image to look. However, miracles are beyond even me, and a very poor image might not, after it has been worked upon, meet with your expectations. I would hope to be able to identify most occasions upon which a photograph is beyond being able to be repaired to your complete satisfaction but sometimes I may get it wrong and spend time trying to make a 'silk purse out of a sow's ear'. In other words, the responsibility is as much with you to send me images that at least have half a chance of being improved to your satisfaction, as it is with me to undertake whatever work is necessary to achieve the best that I can with that image.
Also, all software contains bugs, so there is potential for some images not to be transported correctly on-line. No application, email or website can be guaranteed to work without fault, (albeit minor ones), on all combinations of operating systems and / or browsers. Browsers can change (via updates) and can cause sites to show faults on previously compliant code. I therefore can't be held responsible for unforeseen browser changes, operating system changes, changes in the functioning of anti-virus software or any other third-party application including email outside of my control that might interfere with the delivery of the project either to www.Doctor-Photo.co.uk, or back to the Client once completed.
This Agreement
This agreement constitutes the sole agreement between you and me regarding any Project(s) that you commission Doctor-Photo to undertake. Any additional work not specified in this Agreement or any other amendment or modification to this Agreement must be authorised by a written request and agreed by both you and me.
Jurisdiction
This Agreement is made subject to the law of England and Wales. Any dispute will be litigated or arbitrated in the United Kingdom, and you hereby consent to the personal jurisdiction of the Courts of England and Wales. Furthermore, you waive any right to or claim of sovereign immunity.
