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Photography T&C's

Payment T&C's


Booking

Details It is agreed that the terms set out on the booking form is the total agreement made between the parties and that no variation or modification of this contract shall be effective unless agreed by both parties in writing.

Special Requests/Coverage - UPDATED AS OF 01/01/22

The client understands and accepts that the photographic coverage will be as the photographer’s professional expertise determines and that no one photograph will be deemed more important than another. Special requests are not binding instructions, although every effort is made to comply with the client’s wishes. Any special requests not notified on the booking form must be made by the client to Claudia Foulkes / Hello & Forever in writing. Claudia Foulkes / Hello & Forever will be complying with the COVID -19 regulations, protective PPE will be worn where necessary & social distancing will always try to be practised. When photographing, guests will be asked to remove masks for photographic purposes only to try and make the memories of the day as normal as possible!

Image Quality

Claudia Foulkes / Hello & Forever will provide a high standard of imagery and pleasing colour balance but cannot guarantee exact colour matching owing to anomalous reflectance caused by a combination of certain dyes and materials, especially man-made fibers. It is sometimes impossible to record photographically the exact colour as seen by the human eye.

Retouching

Claudia Foulkes / Hello & Forever will (as a minimum) perform a standard amount of retouching to take the photographs to a quality which she considers to be appropriate.

Copyright and Digital Files

Supplied digital files remain the copyright property of the photographer. Claudia Foulkes / Hello & Forever allows the client to store/share/print all images for personal/friends/family use only, subject to no commercial or financial gain.

Creative License

Hello & Forever Photography shall be granted creative and artistic license in relation to the choice of locations and poses used. Our judgment on photographic style and the number of photographs taken shall be deemed correct, due to the changes of the weather and the availability and the willingness of the subjects. We shall do our best to honor the requested photographs but do not undertake to guarantee any specific picture nor incorporate any specific background, location or group arrangement.

Force Majeure or Act of God

In the unlikely event of total photographic failure, injury or sickness beyond our control, our liability shall be limited to a full refund of all monies paid. Your statutory rights are not affected.

Number of Images

Although Claudia Foulkes / Hello & Forever will do their best to produce more images than discussed with the client, there is no guarantee that any particular number of images will be produced. All images captured are primarily for creating a wedding album. All images presented to the client are the FINAL SELECTION, any other images will not have passed our quality control and therefore will not be processed or released to the client – EMPHASIS SHOULD BE LAID ON THIS POINT.

Images

Images will be supplied via digital means as download files. It should be noted that you are strongly advised to immediately copy/backup your wedding photographs from this download to a suitable computer/storage device. Digital media has a limited lifespan therefore any storage device cannot be guaranteed indefinitely. Also, please note that Claudia Foulkes / Hello & Forever are under no obligation to keep copies of your images once released.

Display

The client hereby allows Claudia Foulkes / Hello & Forever to display any images included in this contract in their studios, portfolios, literature, wedding exhibitions and direct/indirect advertising. No use of the images will be made by Claudia Foulkes / Hello & Forever for other commercial reasons except with the written permission of the client.

Cancellation

If Claudia Foulkes/ Hello & Forever has to cancel this contract for reasons beyond our control, (death, injury,sickness, etc), Our Liability shall be limited to a full refund of all monies paid. Every effort will be made to find an alternative, qualified photography. Should the client cancel, as compensation for loss of income and expenses, the following charges as a percentage of the TOTAL fee due. (Number of days before the wedding) 60 days or less - 100%. 61-90 days - 75%. 91-120 days - 50%. More than 121 days - Deposit. The written notice MUST be given to the photographer.

Limitation of Liability - UPDATED AS OF 01/01/22

In the unlikely event that Claudia Foulkes / Hello & Forever is unable to perform to the guidelines of this contract due to an injury, or illness, then we will make every effort to secure a replacement. If the situation should occur and a suitable replacement is not found, responsibility and liability is limited to the return of all payments received for the contracted event. Should Claudia Foulkes / Hello & Forever be unable to perform to the guidelines of this contract due to act of God, act of terrorism, or other causes beyond our control such as COVID – 19. Claudia Foulkes / Hello & Forever will make every effort to be as flexible as possible and accommodate your revised date, If the situation should occur that Claudia Foulkes / Hello & Forever cannot attend the revised date and a suitable replacement is not found, Claudia Foulkes / Hello & Forever will not be held liable and any monies paid shall not be returned. It is advised that should you need to postpone your date, you work with at least 3 new dates in mind. In the unlikely event that digital files have been lost, stolen, or destroyed for reasons beyond Claudia Foulkes / Hello & Forever’s control, including but not limited to camera, hard drive, or equipment malfunctions, Claudia Foulkes / Hello & Forever’s liability is limited to the return of all payments received for the contracted event. The limit of liability for a partial loss of originals shall be a prorated amount of the exposures lost based on the percentage of total number of originals. Claudia Foulkes / Hello & Forever is not liable for the loss of images beyond the lesser of the final delivery of all the products included in the package for one year. Neither party shall be liable for indirect or consequential loss.

Complaints

Any complaints should be raised by the client with Claudia Foulkes / Hello & Forever, in writing, within 28 days of first becoming aware of the matter to be complained of and in any event within 14 days of receipt of the images. Claudia Foulkes / Hello & Forever will of course try to resolve any matter raised promptly and professionally.




Payment

The customer will be provided with an Approval Form or Proof Email, and an Invoice prior to final publication. At this time the remainder of the amount due will become payable and the customer will also be required to sign and return the Approval Form or signify approval by email to Claudia Foulkes. Any invoice queries must be submitted by email within 3 days of the invoice date. Payments are due within 7 days unless otherwise agreed. If payment is not made within 7 days, the customer will receive 2 reminders. Accounts that remain outstanding for 20 days after the date of invoice, will incur a late payment interest charge of 8% on the outstanding amount every 3 days (including weekends). Should payment requests continue to be ignored the customer will receive a postal solicitors letter demanding final payment before the debt collection agency is contacted. 

We will charge you for any administration costs and/or loss of work that have occurred for any payment not being met for whatever reason. The charge for non-payment is a minimum of £40. 

Payments may be made by online transfer, credit card (Visa, Mastercard) or Debit Card. Payments made by cheque must be previously agreed upon and may be subject to an administration charge. Cheques should not be sent in regular mail unless sent recorded delivery. Publication and/or release of work done by Claudia Foulkes on behalf of the client, may not take place before cleared funds have been received. Returned cheques will incur an additional fee of £50 per returned cheque. Claudia Foulkes reserves the right to consider an account to be in default in the event of a returned cheque.

Default

An account shall be considered default if it remains unpaid for 30 days from the date of invoice, or following a returned cheque. Claudia Foulkes shall be entitled to remove the customer’s material from any and all computer systems until the amount due has been fully paid. This includes any and all unpaid monies due for services, including, but not limited to, hosting, domain registration, search engine submission, design and maintenance, sub-contractors, printers, photographers, and libraries. Removal of such materials does not relieve the customer of its obligation to pay the due amount. Customers whose accounts become default agree to pay all Claudia Foulkes's reasonable legal and accounting expenses and third-party collection agency fees in the enforcement of the debt and these Terms and Conditions.


Paying a deposit acts as a confirmation that the customer agrees to these Terms & Conditions.



Design T&C's

Disclaimer


Design Charges

Charges for design services to be provided by Claudia Foulkes will be set out in the written estimate or quotation that is provided to the customer. Acceptance of the Terms & Conditions, a non-refundable payment of 50% of the quoted fee will become immediately due. Unless agreed otherwise with the Client, all design services require an advance payment of a minimum of fifty (50) percent of the project quotation total before the work commences or is supplied to the Client for review. The remaining fifty (50) percent of the project quotation total will be due upon completion of the work prior to upload to the server or release of materials.

Source Files

We will supply proofs and PDF files as appropriate for printing, or other graphic files as detailed in the job scope or request. Charges for design work do not cover the release of our copyright design source files, including but not restricted to psd, AI, png or other source files or raw code; if the Client requires these files for transfer to an in-house or another designer, they will be subject to a separate quotation or ‘buy-out’ charge.


Copyrights and Trademarks

By supplying text, images, and other data to Claudia Foulkes for inclusion in the customer’s website or another medium, the customer declares that it holds the appropriate copyright and/or trademark permissions. The ownership of such materials will remain with the customer, or the rightful copyright or trademark owner. Any artwork, images, or text supplied and/or designed by Claudia Foulkes on behalf of the customer, will remain the property of Claudia Foulkes and/or its suppliers unless otherwise agreed in writing. A license for use of the copyrighted material is granted to the customer solely for the project defined in the scope or request and not for any other purpose. The customer may request in writing from Claudia Foulkes, the necessary permission to use materials (for which Claudia Foulkes holds the copyright) in forms other than for which it was originally supplied, and Claudia Foulkes may, at its discretion, grant this and may charge for the additional usage. Such permission must be obtained in writing before any of the aforesaid artwork, images, text, or other data is used.

Any software, code, plugin, or other third-party material used in a web or digital project remains the property of the creator, and any ongoing license fees or fees for upgrades are the responsibility of the client, not Claudia Foulkes. By supplying images, text, or any other data to Claudia Foulkes, the customer grants Claudia Foulkes permission to use this material freely in the pursuit of the design. Should Claudia Foulkes, or the customer supply an image, text, audio clip or any other file for use in a website, multimedia presentation, print item, exhibition, advertisement or any other medium believing it to be copyright and royalty-free, which subsequently emerges to have such copyright or royalty usage limitations, the customer will agree to allow Claudia Foulkes to remove and/or replace the file on the site. The customer agrees to fully indemnify and hold Claudia Foulkes free from harm in any and all claims resulting from the customer in not having obtained all the required copyright, and/or any other necessary permissions.

Alterations

The customer agrees that changes required over and above the estimated work, or in addition to the agreed scope, or where the client makes changes to the supplied copy or changes required to be carried out after acceptance of the draft design, will be liable to a separate charge. The customer also agrees that Claudia Foulkes holds no responsibility for any amendments made by any third party, before or after a design is published.


Licensing

Any design, copywriting, drawing, idea, or code created for the customer by Claudia Foulkes, or any of its contractors, is licensed for use by the client on a one-time-only basis and may not be modified, re-used, or re-distributed in any way or form without the express written consent of Claudia Foulkes and any of its relevant sub-contractors. All design work – where there is a risk that another party makes a claim, should be registered by the client with the appropriate authorities prior to publishing or first use or searches and legal advice sought as to its use.

Claudia Foulkes will not be held responsible for any and all damages resulting from such claims.

Claudia Foulkes is not responsible for any loss, consequential loss, or non-delivery of products or services, of whatever cause. The customer agrees not to hold Claudia Foulkes responsible for any such loss or damage. Any claim against Claudia Foulkes shall be limited to the relevant fee(s) paid by the customer.


Data Formats

The client agrees to Claudia Foulkes’s definition of acceptable means of supplying data to the company. Text is to be supplied to Claudia Foulkes in electronic format as standard text (.txt), MS Word (.docx), or via e-mail / FTP or shared folder. Images that are supplied in an electronic format are to be provided in a format as prescribed by Claudia Foulkes via e-mail / FTP. Images must be of a quality suitable for use without any subsequent image processing, and Claudia Foulkes will not be held responsible for any image quality which the client later deems to be unacceptable.

Claudia Foulkes cannot be held responsible for the quality of any images which the client wishes to be scanned from printed materials. Additional expenses may be incurred for any necessary action, including, but not limited to, photography and art direction, photography searches, media conversion, digital image processing, or data entry services, colour correction, and alteration of images.

Design Project Duration

Any indication given by Claudia Foulkes of a design project’s duration is to be considered by the customer to be an estimation. Claudia Foulkes cannot be held responsible for any project over-runs, whatever the cause. The estimated project duration should be deemed to be from the date that cleared funds are received by Claudia Foulkes for the initial payment or by date confirmed in writing by Claudia Foulkes.


Rights of Access for Website Construction

The client agrees to allow Claudia Foulkes all necessary access to computer systems and other locations, as required, in order to complete a website project and until all due funds are cleared, including the necessary read/write permissions, usernames and passwords. The customer also agrees to allow Claudia Foulkes access to any computer systems, usernames and passwords required to remove data and/or sites for failure to comply with these Terms and Conditions. The customer agrees to supply Claudia Foulkes with all necessary materials, electronic, or otherwise, required to create and complete the project, and to supply them in a timely manner.

Design Project Completion

Claudia Foulkes considers the design project complete upon receipt of the customer’s signed approval form or signoff email. Other services such as printing, display panel production, film work, website uploading, publishing etc either contracted on the client’s behalf constitute a separate project and can be treated as a separate charge.

Website design only

Claudia Foulkes requires that a template is approved by the customer before the coding of a site commences. Once the template(s) for the website are approved by the customer, coding will commence; any changes to navigation items, colours, structure or content that require changes to the template will incur an additional charge. Once the web design is complete, Claudia Foulkes will provide the customer with the opportunity to review the resulting work. Claudia Foulkes will make one set of minor changes at no extra cost within 14 days of the start of the review period. Minor changes include small textual changes and small adjustments to the placement of items on the page. It does not include changes to images, colour schemes or any navigation features. Any minor changes can be notified to Claudia Foulkes by e-mail.

Claudia Foulkes will consider that the client has accepted the original draft, if no notification of changes is received in writing from the customer, within 14 days of the start of the review period.

Hosting websites

Claudia Foulkes offers limited hosting services through an outsourced virtual server. Claudia Foulkes does not guarantee continuous service and will accept no liability for loss of service, whatever the cause. Claudia Foulkes may request that clients change the type of hosting account used if that account is deemed by Claudia Foulkes to be unacceptable because of poor service, lack of bandwidth or in any other way insufficient to support the website. Fees for hosting on Claudia Foulkes’s virtual server are due at the commencement of any period of service and are non-refundable.

Fees due to third-party hosting organizsations are the responsibility of the client and Claudia Foulkes is not liable for their payment, nor for the renewal of domain names, which are the sole responsibility of the customer/domain owner.

Domain Registration

Claudia Foulkes cannot guarantee the availability of any domain name. Where Claudia Foulkes is to register a domain name on behalf of a client it will endeavor to do so but the client should not assume a successful registration.

Search Engine Submission

Due to the infinite number of considerations that search engines use when determining a site’s ranking, Claudia Foulkes cannot guarantee any particular placement. Acceptance by any search engine cannot be guaranteed and when a site is accepted, the time it takes to appear in search results varies from one search engine to another. Rankings will also vary as new sites are added. Claudia Foulkes recommends that customers use a professional SEO company and are happy to provide details of such companies, but accept no responsibility for their services.

Design Credits

The customer agrees to allow Claudia Foulkes to place a small credit on printed material exhibition displays, advertisements, and/or a link to Claudia Foulkes's own website on the customer’s website. This will usually be in the form of a small logo or line of text placed towards the bottom of the page. The customer also agrees to allow Claudia Foulkes to place websites and other designs, along with a link to the client’s site on Claudia Foulkes's own website for demonstration purposes, and to use any designs in its own publicity and portfolios.




Claudia Foulkes makes no warranties of any kind, express or implied, for any and all products and/or services that it supplies.

Claudia Foulkes will not be held responsible for any and all damages resulting from products and/or services it supplies.

Claudia Foulkes is not responsible for any loss, or consequential loss of data, or non-delivery of products or services, of whatever cause. While we take reasonable steps to investigate the materials we recommend, we accept no responsibility for the performance or quality of materials or any consequential loss arising from their failure.

The customer agrees not to hold Claudia Foulkes responsible for any such loss or damage. Any claim against Claudia Foulkes shall be limited to the relevant fee(s) paid by the customer. Claudia Foulkes reserves the right to use the services of sub-contractors, agents and suppliers and any work, content, services and usage is bound by their Terms and Conditions.

 Claudia Foulkes will not knowingly perform any actions to contravene these and the client also agrees to be so bound. Claudia Foulkes and its clients agree to comply with Printers Terms and Conditions which include disclaimers for non-completion on time and the flexibility to supply quantities within 10% of the total ordered. Claudia Foulkes recommends that if an exact quantity is required, then 10% extra is added to the quantity and extra time made available should the job be delayed.

General

These Terms and Conditions supersede any previous Terms and Conditions distributed in any form. Claudia Foulkes reserves the right to change any rates and any of the Terms and Conditions at any time and without prior notice.

Acceptance of Terms and Conditions and Quotation

The placement of an order for design and/or any other services offered by Claudia Foulkes, by email, verbally, or in writing, is deemed to be acceptance of these terms and conditions, which are freely available at www.claudiafoulkes.com. An estimate validated by the customer on the estimate or quotation form, or by email, constitutes acceptance of the estimate or quotation and agreement to comply fully with all the Terms and Conditions and forms a Contract for Business between the customer and Claudia Foulkes.

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