JASONTAILBY.COM | PASSIONATE ABOUT CREATIVITY Leicester based photographer and digital artist

Order Form
Terms &
Conditions

All images, photographs and design work on this website are the copyright of Jason Tailby and may not be used without his expressed permission.

Terms and Conditions of Business 
 1.0 The following words or expressions shall have the meanings stated:
"the Designer" or "Photographer" means Jason Tailby trading as PASSIONATEABOUTCREATIVITY.COM or another authorised photographer, designer, or professional assistant. 
"the Customer" means the person identified as the customer on an Order Form, email or other written or electronic correspondence.
 "the Order Form" means a form (whether or not printed on the reverse of these Terms and Conditions or by email or other written correspondence, including the electronic enquiry form, Skype, SMS or Blackberry messenger) completed by the Customer by which the Customer instructs the Photographer/Designer to create Material.  
"Material" means all photographs, prints, transparencies, images, negatives, digital scans, digital files, design, artwork, montages, drawings, engravings, videos, DVDs, websites and/or any other photographic or design product or other product comprising or containing reproduction of any form of photographic/design material, and which has been created by the Photographer/Designer.  
"Order" means any request, order, commission or instruction by or on behalf of the Customer for creation of Material by the Photographer/Designer.  
"Price" means the price for an Order as set out on an Order Form, quote, email or other written or electronic correspondence, including the electronic enquiry form, Skype, SMS or Blackberry messenger. 
2.0 Any work of any description undertaken by the Photographer/Designer pursuant to an Order shall be subject to these Terms and Conditions. 
3.0 Copyright in all Material is retained worldwide by the Photographer/Designer at all times and nothing shall be deemed as a release, transfer, assignment or other disposal of the Photographer's/Designer's rights in the Material, save as:  
3.1 specifically set out in these Terms and Condition or  
3.2 may otherwise be agreed by the Photographer/Designer in writing. 
4.0 In consideration of the Price the Photographer/Designer will undertake such work as is necessary to fulfill the requirements of an Order.  
4.1 In consideration of the Photographer's/Designer's agreement in paragraph 4.0 above the Customer will pay the Price in accordance with the provisions set out in section 5. 
5. An Order shall be subject to the following provisions:  
5.1 The Photographer/Designer shall be entitled to require a deposit payment on account of the Price in such sum as may be agreed between the Photographer/Designer and the Customer prior to the taking of any steps to create any Material.
5.1.1 Wedding photographic services require a small holding deposit of £50 
5.2 In the event of a cancellation of an Order by the Customer, in addition to any entitlement to claim damages for losses arising from such cancellation the Photographer/Designer shall, in any event, be entitled to retain the deposit paid and/or agreed.  
5.3 The Photographer/Designer shall be entitled to agree to regard any Order that is not evidenced in writing as invalid.  
5.4 The Photographer/Designer licenses the Customer to utilise the Material produced as a result of the Customer's Order to the extent set out in writing between the Customer and the Photographer/Designer. Any breach of such license shall automatically revoke such license without further notification from the Photographer/Designer.  
5.5 Unless specifically otherwise agreed in writing between the Photographer/Designer and the Customer, the Photographer/Designer is entitled to utilise Material ordered by the Customer for the advertising, marketing and promotion of the Photographer's/Designer's businesses.  
5.6 The Photographer/Designer shall be entitled to sub-contract his obligations under an Order at their discretion.  
5.7 Save as otherwise agreed between the Customer and the Photographer/Designer, the Photographer/Designer shall be entitled to use their judgment regarding the style and artistic input in the production of Material.  
5.8 The Photographer/Designer shall not be liable to the Customer for any failure, in whole or in part, to fulfil his obligations under an Order where failure arises as a result of an event or circumstances beyond his control, which may include, but are not limited to, equipment failure, inclement weather, illness or injury.  
5.9 On completion of the Photographer's/Designer's obligations under an Order (but not Wedding Photography – see 5.9.1), the Photographer/Designer shall deliver an invoice for the Price to the Customer and the Customer shall pay the Price (or any balance of it) within 7 days of the date of the invoice by Paypal or other electronic funding.
5.9.1 Wedding Photography is subject to the following payment terms: £50 booking fee and full cleared balance due as agreed on the Order Form 5 working days prior to the date of the wedding. Please allow up to 28 days for production of Material and editing.
5.9.2 Any sum outstanding after the expiry of 7 days shall have the following consequences:  
5.9.3 Interest at a rate of 4% per annum above the base rate of Barclays Bank plc shall accrue in respect of any outstanding sum. 
5.9.4 Any license granted by the provisions of paragraph 5.4 above shall be automatically revoked and shall only be capable of reinstatement upon payment of any outstanding sum plus interest and any other costs incurred by the Photographer/Designer. 
6. The contractual relationship between the Photographer/Designer and the Customer shall be governed by laws and statutes of England & Wales. 
7. An Order, as evidenced by information on the Order Form or email or other written or electronic correspondence, including SMS and as governed by and together with these Terms and Conditions shall form the entire agreement between the Photographer/Designer and the Customer, save as otherwise agreed in writing.