Terms and Conditions

Terms and Conditions 

 
 

These Terms and conditions of service (“Terms,” or the “Agreement”) is a legal Agreement, please read it carefully. By using our Service, using Content produced by our Service, or by delivering Merchandise to us, you are agreeing to these terms. 

Photography4u is a Service (the “Service”), which primarily produces photography and related Content which may include photographs, graphics, video, audio recordings, and artwork (collectively referred to as “Content”). Any products or other items that you send us, whether it’s the primary subject, supporting prop, or anything else, we refer to as “Merchandise” in these Terms. Our Website, which can be accessed at www.photography4u.co.uk is referred to as the “Website.” 

By using our Service, whether as an individual or as a representative of an entity that is using our Service, you’re a “Client” (or “you”) according to these Terms. 

These Terms of Service, combined with our Privacy Policy govern the business relationship between you and Photography4U, Should you have any questions or concerns about these terms, please feel free to contact us. 

 
 

1. Eligibility 

In order to use our Service, you must: 

  • Be at least 18 years of age and be able to enter into legal contracts; 

  • Submit a completed “Online Order Process” including payment 

  • Agree to these Terms Of Service, and; 

  • Provide complete, true, and current, contact information                                                                                                                                                                                                                                                      

2. Terms and Conditions Updates 

We may update or make changes to these Terms by posting the revised Terms of Service on our Website. The revised Terms shall take effect immediately and remain in full force upon such a publication. 

  

3. Communication from us 

If we need to send you information about your account, your order, billing, your Merchandise, legal notices, or anything else related to the Service we provide, we will send it to the email address you provided when booking your order. We may also contact you via telephone or postal mail, but are not required to do so. You should ensure any email coming from the domain “photography4u.co.uk” is added to your email clients “whitelist” to help ensure successful delivery and that it is not rejected or deleted as junk or spam. 

  

4. Merchandise 

You are responsible for the costs of sending your products to and from our studio, plus any necessary insurance. Choose a shipping provider with reliable tracking information and signature confirmation. If a shipment is lost, delayed, or damaged, while in transit to or from our studio, we are not responsible for such loss, damage or delays. 

  • Prohibited items. Do not deliver to us any Merchandise that contains, any narcotic, illegal drug, or controlled substance, or any dangerous weapon, firearm, explosive, dangerous chemical, obscene or pornographic materials or any merchandise that is unlawful to possess in the UK 

  • Sending products to us. When shipping Merchandise to our studio, please follow these guidelines: 

  1. Packages should be carefully packed to ensure protection of the Merchandise during transit. 

  2. All packages should include your name, company name, address, email address, and phone number. 

  3. Shipments address will be provided upon order confirmation. 

  • Return shipping. If you specify return shipping whilst completing our online ordering process, we will return your Merchandise to you after completion of the project. You must provide a physical address (sorry, no PO boxes) for return. The cost of return shipping and handling will be quoted on the services page under the return delivery option. We use either Royal Mail 1st class signed for or Parcel Force 48. All return shipments are subject to our Limitation of Liability in the section below. 

  • Limitation of liability for damage or loss of Merchandise. If your Merchandise becomes damaged or lost while in our possession, we will, at our option, replace, repair, or reimburse you for the value of the Merchandise up to a maximum of £200 total lifetime aggregate. For Merchandise valued greater than £200 you should purchase your own insurance covering loss or damage to the Merchandise while in our possession and during transit to and from our studio. We are not liable for loss or damage to Merchandise exceeding a total value of £200, regardless of quantity. Should your merchandise become damaged or lost in transit we are not held responsible in any way. Claims may be made against the Royal Mail's insurance as parcels will be insured as standard up to £50 for loss or damage. 

  • Storage. Upon request, we will store your Merchandise in our facility free of charge for up to 10 days after completion of your project. After 10 days, you must arrange with us for Merchandise to be returned, picked up, donated, or discarded. If we are unable to obtain your preference, Merchandise will be subject to our Abandonment policy in the section below.

  • Abandonment. If your Merchandise is in our possession and we aren’t able to reach you regarding its return, it will be considered abandoned after the time periods detailed below have expired. If we try to reach you to obtain return shipping information, or payment for return shipping, and 10 days pass without us receiving the necessary information or payment, we will then email you a notice informing you that your Merchandise is at risk of being donated, discarded, or sold. If another 10 days passes after we have emailed the aforementioned notice and we still have not received your return shipping information or payment for return shipping, you agree that all title, interest, and ownership of the Merchandise shall be transferred to us and the Merchandise will be donated, discarded, or sold, at our option, and you will not receive any compensation for the merchandise or proceeds from any sale. 

  •  Donating or discarding. Occasionally, the value of some Merchandise may be less than the cost of return shipping. If you do not want the Merchandise returned to you at the completion of your project please let us know and we will donate or discard the Merchandise. We are not able to offer compensation or credit for donated or discarded Merchandise. If you choose to have your Merchandise donated or discarded, we will decide which persons or organizations receive the Merchandise or whether it is discarded instead of donated.                                    

 

5. Studio Visits and Shoots 

  • These must be prebook and confirmed prior to attendance. 

  • Shoots are arranged in slots of time from an hour to a full day, and can be over many days. 

  • If shoots run over then at our discretion additional fees may be incurred. 

  • Any damaged caused by any attendee (client or someone accompanying client) the individual will be liable for the cost of repair, reinstatement and or repurchase at our discretion. 

  • Shoot fees will be paid in full prior to session commencement. 

  • Editing fees of £1.50 per image is applicable, and to be paid in full prior to delivery of completed media. 

 

6. Photograph Editing or Manipulation  

  • If we are providing a photograph editing or manipulation service, fees are payable prior to project commencement. 

  • All works will be presented in a prefinished format initially for approval by the customer prior to final editing. 

  • Stock footage received, must be copyright free and be licensed as to permit reediting, resale and redistribution. This is the client’s responsibility. Any claim against such use will be at the clients cost and sole legal responsibility. 

 

7. Site Visits or Alternative locations 

  • All site visits and alternative locations for shoots must be agreed and confirmed prior to any work commencing. 

  • Shoot fees, plus travel fees and site fees are payable prior to the commencement of work, unless otherwise agreed by both parties. 

  • The client is responsible for any damage caused to our companies’ equipment, and must be repaired or replaced at our discretions. 

  • The client is to ensure there is sufficient insurance in place to cover our attendance and to provide us insurance cover for any damage or harm which may arise to third parties. 

 

8. Invoicing and payment 

  

  • Payment terms. Payment is required to begin work on your project.  The provisions specified in this section shall not apply if alternate payment terms are agreed to in writing by both parties. 

  • Non-payment. If payment for our services is not rendered, we may take legal action to collect payments due. We may also exercise our rights under the Digital Millennium Copyright Act to issue takedown notices requesting the removal from website(s), any Content we’ve delivered to you which has gone unpaid. We may also seek injunctive relief to prevent unpaid Content from being published, reproduced, or displayed. Additionally, we may pursue legal action for actual, statutory, and punitive damages for copyright infringement if you publish or use our Content without remitting payment. 

 
 

9. Refund policy 

Payments made to us are refundable under certain circumstances as outlined below. No other refunds, returns, exchanges, or changes may be made except for the following: 

  • Rush projects not completed by the deadline. In the event a rush order is not completed on time, we will refund the rush fee portion of the project. No other refunds will be made for rush orders delivered after the deadline indicated on the invoice. 

  • You cancel your order within the specified time. If you have already submitted payment, you may cancel your order by sending an email to info@photography4u.co.uk requesting cancellation. Cancellation requests must be made within 24 hours of payment. Refunds are not possible for projects cancelled more than 24 hours after payment. Due to tight time constraints, rush orders may not be cancelled. 

Refunds will be processed via the same method as the payment was made. Credit card payments will be refunded to the same card payment was made, unless previously agreed to by ourselves. 

 
 

10. Pricing 

Our current pricing is published on our Website. We may make changes to the prices we charge for our services at any time by publishing the new rates to our Website, and will take effect immediately. We may offer other services that aren’t listed on our pricing page and, if applicable, those rates will be disclosed prior to work being performed. Any additional costs which may be incurred but not covered in the initial order, will need to be agreed upon prior to any work commencing or if work has commenced to the work proceeding. 

  

11. Production and creative process 

  

  • Alterations and accuracy. As part of our creative process, you agree we may make any alterations to the Content that we feel are appropriate. This includes, but is not limited to: colour adjustments, brightness adjustments, dust removal, scratch removal, distortion removal, and correction of defects, correction of manufacturing inconsistencies or errors, compositing of multiple images, adding graphics, and other alterations as necessary. The Content is our artistic interpretation of the products we photograph for you. We do not guarantee that the Content will be a flawless or perfectly accurate representation of your Merchandise. It’s your responsibility to ensure the Content is appropriate for the final intended use and that it doesn’t misrepresent the Merchandise. We will not be responsible for any claims by you or any third party that the Content is an inaccurate representation of the Merchandise. 

  • Creative direction. As our client, you may elect to provide creative direction over any aspect of the project, such as lighting, arrangement, camera angle, and editing. If you choose to exercise this creative direction, you must provide such direction in advance so it can be properly recorded on the invoice and/or any attachments. You must ensure this creative direction has been correctly recorded to the invoice and any attachments prior to payment. You are not required to provide direction on creative aspects of your project. Any aspects of the project for which you have not provided specific creative direction will be left up to the judgment of our production team. 

  • We will complete your order as it is described on the booking brief and any attached documents. Our best understanding of any direction, instructions, or ideas you send to us, or we discuss with you, will be described on order confirmation. It is very important that you carefully read the order confirmation and any attachments to ensure they accurately describe the work you’d like us to perform for you. If the booking confirmation is not accurate, contact us immediately at info@photography4u.co.uk and we will make the necessary changes. By non-communication to the contrary of the order confirmation, you agree the order confirmation correctly describes the work you would like us to perform. In the case where any written or verbal communication is inconsistent with the order as written on the invoice, the order confirmation and any attachments shall govern. 

 

12. Delivery 

After production is complete, the Content will be delivered through our Image Hosting Service. We will email you a link so you can view and download all work that we’ve completed for you. While we make every effort to ensure availability, stability and security of this service, we cannot guarantee 100% uptime or that it will be secure against all attacks. You agree that we are not responsible for loss associated with the availability, security, or confidentiality of the Content delivered through our Image Hosting Service. We recommend that you make backup copies of all content for your records in the event of data loss. We are not obligated to store or archive the Content for you and if we do this as part of our Image Hosting Service, such storage should be considered as a convenience only. 

  

  • if we have not heard from you within 5 working days (Review Period) from sending the email link, your order will be closed and your Merchandise will be shipped back, donated, or discarded, as you have requested. 

  • Upon request, we will reshoot or edit photos free of charge under the following circumstances: 

  • Work not completed as specified on the order confirmation and accompanying documentation. If we make an error and deliver work that is not correct as specified on the invoice and its accompanying shot list, we will reshoot or edit the work, as needed, to correct the error. 

  • You request images to be edited. If you see anything in the Content that you’d like us to touch-up, we will be happy to perform one (1) round of editing, free of charge, at your request to further adjust details such as colour, tone, minor blemishes, and any other adjustments that can be made without reshooting the Content. 

  • Some change requests made during the review period may require an additional charge. Examples include: 

  • Additional photos. If you request additional photos that were not previously included on the invoice we will inform you of the cost and request payment prior to completion of the work. 

  • Reshoots. If we’ve photographed images as they are described on the invoice but you’d like to see them changed, such as different lighting, camera angle, arrangement, or anything else that requires them to be re-shot, then we will quote an additional charge to cover the cost of reshooting them. 

 

13. License and permitted use of Content 

You may use Content we deliver to you in connection with your order, only after full payment has been submitted, for any permitted use that does not violate this agreement. The rights granted herein are subject to the prohibited uses in Section 12. We hereby grant to you the following rights: 

  • Perpetual use. There is no expiration date on your rights to use the Content, meaning you can use the Content forever with no end date. 

  • Exclusive use. You have the exclusive right to use the Content. This means we will not license the Content to other parties. However, we retain the right to use the Content for our own promotional publication and internal use. 

  • Worldwide use. There are no geographical restrictions on your use of the Content. You may use the Content worldwide. 

  • Unlimited use. Except as provided in section 14(b) below, you may use and display the Content an unlimited number of times. 

  • Derivative works. You may modify, retouch, combine, crop, annotate, or otherwise edit and create derivative works from the Content. Our Content contained within derivative works you create remain our copyrighted material and the terms and restrictions within this license also applies to those derivative works. 

  • Permitted uses include but are not limited to: websites, online stores, online advertisements, email newsletters, video, film, television, printed advertisements, printed catalogues, product packaging, billboards, computer software, and mobile applications. 

 
 

14. Prohibited uses 

  • Unlawful use. You may not use the Content in any illegal manner. You may not use the Content in any defamatory manner or use the Content to harass any person. Content may not be used for pornographic purposes. You may not use the Content in any way that violates the trademark, copyright, or other intellectual property of any other party. 

  • May not be used in a logo or trademark. Content may not be used as a part of, or incorporated into, any logo or trademark. 

 
 

15. Copyright ownership & transfer 

  • Copyright ownership. All Content remains the copyrighted intellectual property of Photography4u. No transfer of copyright or ownership in any of the Content is granted unless explicitly agreed to in writing by us. 

  • Transfer, and sub-licensing. You may not transfer or sub-license the Content to any other party, with the following exceptions: 

  • Subcontractors. Your subcontractors may use the Content for the purpose of achieving your final intended use. Examples include but are not limited to: Your website designer using the Content to publish to your website. Your printing company using the Content to print a catalogue. Your marketing company to create and broadcast an advertisement. Your subcontractors may not use the Content for any purpose other than facilitating your intended end-use. 

  • Your employer or client. If you are ordering our services on behalf of your employer or your client then you may permit that entity to use the Content. If you permit your employer or client to use the Content, you certify that you have received authorisation that they be bound to this entire Agreement. If such authorisation has not been granted to you then they may not use the Content. 

  • No claim of authorship. You may not claim you are the author of the Content. In any case where the author of the Content is specified it must be attributed as “Copyright Photography4u.co.uk.” 

16. Intellectual property of third parties 

  • Intellectual property visible on Merchandise. In some cases, Merchandise you direct us to photograph, or props used in conjunction with that Merchandise, may contain trademarks, logos, artwork, or copyrighted designs that become visible in the finished Content we produce for you at your direction. By directing us to photograph Merchandise containing visible intellectual property, you certify that you either own, or have received explicit permission from the owner, to use any and all trademarks, logos, artwork, or copyrighted designs, visible on all of the Merchandise you have directed us to photograph. By using the Content, you certify that the Content and your use of the Content, does not infringe on the intellectual property rights of any third party. You understand that it is your sole responsibility to obtain necessary permission to use any and all trademarks, logos, artwork, copyrighted designs, or other intellectual property visible within the Content. 

  • Stock photography and artwork. If stock photography or other artworks owned by third parties are incorporated into the Content we produce for you, we certify that this content has been paid for and/or licensed by us for use in the Content in accordance with the terms of service of the respective supplier. When printing Content containing aforementioned stock photography and artwork, the maximum number of printed copies that may be produced shall not exceed 500,000 print copies. This restriction does not apply to electronic display, such as on a website. 

 

17. Models 

We certify that we have obtained appropriate releases from any models depicted in the Content and the Content will not infringe on any moral right, privacy right, or right of publicity of any model depicted within the Content so long as the Content is used in accordance with sections 13 and 14 of this Agreement. Unless as the client you refuse to complete such release and then therefore acknowledge you take full responsibility for any such infringement, moral right, privacy right, or legal implication, or right of publicity of any model depicted within the Content

 
 

18. No warranties 

The Content is provided, to the maximum extent permissible by law, “as-is” with no warranties of any kind, either express or implied, including, but not limited to warranties of merchantability or fitness for a particular purpose. We do not warrant or represent that the Content will meet your requirements or that the Content will be free of errors. 

 
 

19. Website 

  • Access and use of content. Unless noted otherwise, all materials on the Website including text, images, logos, icons, photographs, and any other materials written or otherwise that are part of the Website (collectively, the “Contents”) are copyrighted property owned by Photography4u.co.uk, one of its affiliates, or by third parties who have authorised their materials for use on our Website and are protected by international copyright laws also protect the arrangement of the Contents of this Website and the method of presentation of these materials. You may not reproduce, publish, transmit, distribute, display, modify, create derivative works from, sell or exploit in any way, in whole or part, any of the Contents, the Website, or any related materials, except that we grant you non-transferrable, non-exclusive, limited permission to access Content and display this Website on your computer or device. This permission is on the condition that you do not modify the Content on this Website, that you keep intact any copyright or trademark notices, and that you accept the terms, conditions and licenses accompanying any Content contained within this Website. 

 

Website security Users are strictly prohibited from violating or attempting to violate the security of this Website, including but not limited to:

  • Unauthorised access. Accessing data not intended for a user or logging into any server or account that the user is not authorised to access. 

  • Vulnerability scanning. Attempting to scan or test the vulnerability of the Website or any system or network associated with the operation of photography4u.co.uk 

  • Interference. Attempting to interfere, without limitation, with service between the Website and any user, with the secure operation of the Website, or with the stability of the Website via means of submitting a virus to the Website, overloading, “flooding,” “spamming,” “mail bombing,” or “crashing” the Website. 

  • Spamming. Sending unsolicited email, including promotions and/or other advertising of products or services. 

  • Accuracy. We make every effort to ensure the accuracy of the information contained on this Website. However, we are not liable for typographic errors, pricing errors, omissions, or mistakes that may be present in the content of the Website. If you find an error on our website please contact us so we can fix it. 

  • Linked Websites. This Website may contains links to third party websites. We do not accept responsibility for any such links and do not endorse or monitor them for content. We shall not be responsible for any damage or loss sustained through the use of these linked websites or their services. 

  • Internet transmission problems and viruses. Due to transmission problems or technical difficulties with the Internet or this Website, it is possible for you to receive inaccurate incomplete, or outdated copies of information from this Website. It is also possible for computer viruses or malicious software to affect this Website or be inadvertently downloaded from this Website. We shall not be responsible for any inaccurate or incomplete information delivered to you as a result of a technical or transmission problem. We are also not responsible for any damage caused by malicious software or viruses downloaded in connection with the use of this Website. We recommend you use appropriate commercially available antivirus software to help protect yourself from this type of attack. 

 

20. Refusal of service 

If we feel your project is not a good fit, we reserve the right to refuse service and decline the project. 

 

21. Indemnification 

You agree to indemnify and hold us and our employees, officers, and owners, harmless from any losses, including all legal fees that may result from any claims you make that are prohibited under these terms due to any Limitation of Liability or other provision. You agree to indemnify, defend, and hold us harmless against any losses, including legal fees, which result from third-party claims alleging you did something that, if true, would be a violation of any of these Terms. 

 

22. Limitation of liability 

You assume full responsibility for any loss or harm that results from your use of our Service or Content to the maximum extent permitted by law. We and our employees, officers, and owners, are not liable for any direct, indirect, special, punitive, or consequential damages under any circumstances, including delays, even if it’s based on negligence or if we’ve been advised of the possibility of such damages. 

 

23. Severability 

If any of these Terms are found to be unenforceable for any reason, such provision shall be modified only to the extent necessary to make the provision enforceable and all other Terms shall remain in full force and effect. If we choose not to act on a breach of these Terms for whatever reason, it does not constitute a waiver of our rights with respect to such a breach or any subsequent breaches of these Terms. 

  

24. Legal fees 

In the event of litigation, the prevailing party shall have the right to collect from the other party its reasonable costs and necessary disbursements and attorneys’ fees incurred in enforcing this Agreement. 

 

25. Equitable relief 

If you violate these Terms we may seek injunctive relief from the courts or other equitable relief. 

 

26. Assignment 

You may not assign your rights under these Terms to any other party. However, we may assign our rights to any other entity or individual at our discretion. 

 

27. Governing law 

These Terms shall be governed and construed under UK law as such law applies to agreements between UK residents entered into and to be performed within the UK and without effect to any UK laws regarding conflicts of law. Any action or proceeding arising from these Terms or your use of our Service or Content must be held in the UK Courts. 

 

28. Entire Agreement 

These Terms and conditions of Service make up the entire Agreement and supersede all prior agreements, understandings, and representations. 

 

Contacting us 

  

If you have any questions about this Agreement, our Website, or any of our services please direct these inquiries to: 

info@photography4u.co.uk