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COMMERCIAL TERMS

All services are subject to the following terms and conditions

1. DEFINITIONS

For the purpose of this agreement 'the Client' is the person, body of people, organisation or company and their agents or assignees that commissioned the services of Ben Ellis Photography

'Ben Ellis Photography' is the trading name of Ben Ellis and his agents and assignees.

"Images" are all photographic material, graphic design work, illustration, text, and other works in the form of printed media or in any electronic form on CD, DVD or on the Internet, or parts thereof produced by Ben Ellis Photography and its agents and assignees.

2. COPYRIGHT

Ben Ellis Photography reserves the right to use external contractors to produce work where necessary. Copyright for all images and materials are owned by the original creator, photographer or designer. No image or part thereof may be copied or reused in any form without the written consent of the copyright holder.

All work produced for each individual client is for that client only and may not be transferred without the written consent of Ben Ellis Photography. The client shall not ‘ pass on ' any images to be used by another party or in conjunction with another party.

Ben Ellis Photography retains the right in all cases to use the photographs in any manner at any time and in any part of the world for any purpose. No work is exclusive to the client unless agreed in writing.

3. INDEMNITY

Ben Ellis Photography shall not be liable for any legal action, claim or damages resulting from or arising out of the publication of any images or other use by the client. The client shall indemnify Ben Ellis Photography against any claims or damages against them including reasonable counsel fees.

4. PAYMENT

Any balance will be due within 14 days of the receipt of the relevant invoice.

Unpaid invoices will be charged interest at 5% above current HSBC lending rates plus any administrative costs and any work may be halted until payment has been received in full. Ben Ellis Photography will vigorously pursue any overdue debts and may employ third parties to recover the dept.

5. CLIENT APPROVAL

The interpretation by Ben Ellis Photography and its agents, of any brief shall be deemed as correct. It is the clients ' responsibility to ensure that a full and comprehensive brief is supplied.

6. CANCELLATIONS

The client is responsible for payment of all expenses incurred up to the time of cancellation, plus 50% of the fees. If notice of cancellation is given less than 2 business days before the shoot date, the client will be charged 100% of the photographer ' s fees.

7. RESHOOTS

Ben Ellis Photography will charge 100% of all costs and fees for any photography re-shoot requested by the client after the initial shoot,

8. RE-DESIGN AND PRINT WORK

100% of all costs and fees will be charged for any design, print or illustrative work carried out after the initial design has been completed.

The client shall advise Ben Ellis Photography of any changes to be made, immediately after the first viewing of proofs. Excluding spelling errors any changes after this will incur further costs. Once an order has been agreed to and sent to print no changes can be made, unless all redesign and print charges are paid. It is the responsibility of the client to ensure the work is correct and that all proofs are checked thoroughly.

Printed material in anything other than small specialist amounts (under 100) will be contracted out to an external printing company. The company may vary and is chosen for each individual job on the basis of cost and quality.

Due to the nature of printed media exact colour matches cannot be guaranteed and discrepancies in the number of items can vary by 5% from the original ordered number. Slight deviations in colour and quantity will not be regarded as defects by Ben Ellis Photography or by the print company.

9. FINISHED PACKAGE

Prints, DVD ' s and other package items cannot be delivered by a specific date due to unreliability of postal services and suppliers ' services. It can take three to six weeks for print finishing and packaging. We will only send packages out once all parts are completed.

10.AGREEMENT

These are the business terms of Ben Ellis Photography. Only on the agreement of these terms can Ben Ellis Photography commence with any commission.

WEDDING TERMS

All services are subject to the following terms and conditions.

PRICE

Ben Ellis Photography reserves the right to make changes to pricing without prior notice. Regardless of any price changes the client will pay the price current at time of booking. Once the deposit has been received the price is fixed and cannot be changed.

DEPOSIT

A deposit of 50% is required to confirm the booking. Dates are reserved only when this has been paid by cash, cheque or credit card to Ben Ellis Photography. The deposit is only refundable within the first 14 days of booking after which the deposit will not be refunded under ANY circumstances. THE DEPOSIT IS NON-NEGOTIABLE.

BALANCE PAYMENT

The remainder of the payment is due NO LATER than 30 days before the day of the wedding ceremony. Payment for additional prints, albums and frames must be made at the time of ordering. Ben Ellis Photography reserve the right to charge 5% above HSBC lending rates per calendar month or part thereof for which the balance remains unpaid. Failure to pay the balance may result in no photographic coverage of your wedding. A delay in payment WILL result in a delay of prints and albums being dispatched, as other clients who have paid on time will take priority.

FEES

The fees include all photography as stated in the package details, consultations, and prints of all final images. All travel expenses are also included for Cornwall, UK only; travel to outside Cornwall, UK will attract further costs. Where the photographer has been booked for a specific time period an overtime fee of £250 per hour or part thereof will be charged. Prints will only be despatched on receipt of full payment.

CREATIVE LICENCE

The judgement of the photographer on photographic style and the number of photographs taken shall be deemed to be correct. Due to changes in the weather and the availability and willingness of the subjects we will endeavour to honour requested photographs but do not undertake to guarantee any specific picture nor incorporate any specific background, location or group arrangement. Ben Ellis Photography reserves the right to delete, destroy or withhold any images, which are believed to be of a low technical or creative quality.

COPYRIGHT

The 1998 Copyright, Designs and Patents act assigns copyright to Ben Ellis Photography. Any CD / CDs / DVD you receive that contain full size versions of photographs from the wedding. May only be for personal use, including having prints produced, or producing prints yourself. The images may be used for advertising, magazine & newspaper articles, or any other commercial use as long as Ben Ellis Photography is informed, and full credits given to Ben Ellis Photography. The copyright will remain at all times with Ben Ellis Photography, and the images may be used for advertising display, print, publication, competition entry or any other reason thought proper by Ben Ellis Photography. It is the responsibility of the client to ensure that their guests are notified that their photograph may be taken, and used in publications, advertisements and other forms of print.

EXCLUSIVITY

Ben Ellis shall be the sole (stills) photographer at the venues specified. Ben Ellis Photography however positively encourages family, friends and guests to take photographs throughout the day.

FORCE MAJEURE

In the unlikely event of total photographic failure, injury or sickness beyond Ben Ellis' control, liability shall be limited to a full refund of all monies paid. Your statutory rights will be unaffected. Ben Ellis is a qualified member of the British institute of Professional Photography and the Society of wedding and Portrait Photographers and as such adheres to their code of conduct.

CANCELLATION

If Ben Ellis has to cancel for reasons beyond his control, (death, illness, injury etc.) liability shall be limited to refund of all monies paid.

If cancellation is made by the client less than 30 days from the wedding date the total fee will still be due, as compensation for loss of income to Ben Ellis Photography.

If cancellation is made by the client more than 30 days before the wedding date then any monies other than the deposit will be refunded. The deposit will not be refunded.

Should the wedding be postponed, then, subject to Ben Ellis being available, all monies will be applied to the new date. If Ben Ellis Photography has another wedding booked for that day then all monies paid will be refunded. Ben Ellis Photography cannot be held responsible for delays or no coverage due to incorrect information, dates, times or changes that Ben Ellis Photography have not been informed of.

PRIVACY

Ben Ellis Photography will store your details on an internal database; these details will NOT be given to any individuals outside Ben Ellis Photography. Should you wish to have your details removed from the database, please advise Ben Ellis Photography in writing. Occasionally information may be sent you about products and services of Ben Ellis Photography that may be of interest to you.

PACKAGE CONTENTS

Ben Ellis Photography reserves the right to change package details without notice. Contents may vary due to availability of specific print finishes, sizes and presentation items. Prints, DVD ' s and other package items cannot be delivered by a specific date due to unreliability of postal services and suppliers ' services. It can take three to six weeks for print finishing and packaging. We will only send packages out once all parts are completed. One print per final image will be supplied. These images are accounted for at the printing and packaging stages and the correct number of prints will be posted out. Replacement prints will only be supplied if the original prints are damaged during postage and the damaged prints are returned to Ben Ellis Photography. Under no circumstances will extra prints be supplied without payment.