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THE FOLLOWING TERMS OF SERVICE (TOS) APPLY TO ALL SERVICES
PROVIDED BY RISBEYS ( 9 SKINNERGATE DARLINGTON DL3 7NJ ).
BY PURCHASING SERVICES FROM RISBEYS YOU AGREE TO THESE TERMS OF SERVICE.
APPLICATION OF TERMS
- 1.2. This TOS, together with your Order, represents the entire agreement relating to the Service agreements previously agreed between you and Risbeys, except those covering confidentiality and non-disclosure. Any other contract provisions imposed by you by your own order forms or otherwise are expressly excluded.
- 1.3. Risbeys may alter this TOS at any time without notification to you. However, the current TOS is always available on our website. Your sole remedy in the event that you do not agree to any amendments shall be to provide us with written notice of termination within the time scale required for the contract in place. Only a manager of Risbeys may alter this TOS. No agent of, or person employed by or under contract with, Risbeys has any authority to alter or vary this TOS in any way. No oral explanation or oral information given by any party shall alter this TOS.
- 2.1. Each Order for Services by you shall be an offer by you to buy the Services from Risbeys Web Design / Photography according to the terms of this TOS. No Order shall be deemed to be accepted by Risbeys until we begin to design your Site. The date on which we provide notice to you that we have begun to design your Site is the Effective Date. The initial Term of the Services is set out on your Order and begins on the Effective Date.
- 2.2. You must be over the age of 18 at the time you place your Order.
- 2.3. All Orders will be reviewed by us to determine if they meet our financial, security and other reasonable criteria (Fraud Screen). You may not receive notice that your Order has been rejected because it fails to pass our Fraud Screen. We are unable to provide additional information about the reasons a particular Order fails to pass the Fraud Screen.
- 2.4. Risbeys shall have no obligation to deliver any Services beyond those identified in the Order.
- 2.5. You shall provide to us, at your cost, any information, resources or facilities reasonably requested by us for the delivery of the Services and, where necessary, ensure that your employees, contractors and other suppliers cooperate fully and promptly with us.
- 2.6. Any instructions supplied by you to Risbeys in relation to the Services must be complete, accurate and clearly legible. Risbeys reserves the right to charge for any costs and any additional work incurred by Risbeys from a failure by you to comply with this provision; we shall not be liable for any errors caused by such a failure.
- 2.7. We will provide web hosting services for the Site described in the Order (Site). Our web hosting services are provided are governed by our Terms of Service and Acceptable Use Policy. If you would prefer to host the Site with another entity you may do so. The Site for which you purchase our services cannot be hosted with another entity.
OWNERSHIP OF YOUR ACCOUNT
- 3.1. Your contact information is set out in the "Details" section or the customer area of your control panel.
- 3.2. If you, on behalf of another person or entity, create an account, you warrant that you will administer the account in good faith and indemnify us against all losses and liabilities sustained by us should you administer the account in ways that are adverse to End User or result in any claim against us.
- 3.3. For avoidance of doubt, the individual or entity set out in the Account Owner Information " Details" section is considered by us to be the owner of the account. The individual or entity paying for the Services is not considered by us to be the owner. It is your obligation to ensure that you correctly indicate ownership of your account. If there is a dispute about ownership, the account will be locked until the parties to the dispute agree on a resolution, or until the matter is resolved judicially.
GENERAL TERMS AND CONDITIONS
- 4.1. You will conform to the standards and acceptable use policies of Risbeys as set out in our AUP.
- 4.2. Risbeys may disclose your name and address to a complaining individual if, in our reasonable discretion, it is necessary or appropriate to do so.
- 4.3. The Services are provided to you as set out in the Order. You bear ultimate responsibility to ensure that the Services are designed to meet your operational, privacy and security needs. Your hardware, software and any other items you deem necessary to use the Services, must be compatible with the Services. You may not terminate an Order based on your inability to use the Services because such a use is incompatible with them.
- 5.1. You are responsible for the Fees set out on the Order. Fees are due on the date set out on your invoice (Due Date).
- 5.2. You are responsible for all taxes and fees levied on the Service
- 5.3. Invoices are payable by the Due Date without set-off or deduction. Unpaid invoices shall accrue interest at a rate of [1.5%]. We reserve the right to suspend the Service until we receive payment.
- 5.4. Our obligation to provide the Service to you is contingent on your payment of the Fees by the Due Date. You must pay the Fees without set off or deduction. The Services are licensed to you during the time you pay the Fee. Your right to use the Services, and all items incorporated into the Services, other than Customer Content, terminates upon your failure to pay the Fee and/or termination of this TOS.
- 5.5. If you believe there is an error on your invoice, you must contact us in writing. We each agree to work together in good faith to resolve any billing disputes. Your dispute must include sufficient facts for us to investigate your claims and be received by us at least five days prior to the Due Date (Dispute Deadline). You waive your right to dispute any charges or Fees if you fail to meet the Dispute Deadline. If we find that your claim is valid, we agree to credit the account that is the subject of the dispute on your next invoice. If you contact your credit card company, prior to notifying us of the dispute, and initiate a "chargeback" based on this dispute, and your chargeback claim is past the Dispute Deadline, you will be charged a £50 investigation fee and a £70 reactivation fee. This fee compensates us for the investigation your credit card issuer requires us to conduct in order to demonstrate our right to payment.
- 5.6. We are pleased to provide you with a statement of account on your written request. This statement is based on our records. To ensure accounting consistency, we cannot alter the information in our records.
- 5.7. We often offer special promotions, such as discounts or items provided at no charge (Special Promotions). These Special Promotions have specific terms, and generally do not apply to current customers. They do not apply to Renewal Terms. If you Terminate the Services to which a Special Promotion applied, the discount, or other benefit provided by the Special Promotion, will be removed, and your account will be re-billed as if it had been set up without the Special Promotion. If this results in additional Fees, you will be charged for those Fees.
Items are sent to the address given on the order form by the customer Should the delivery address differ from the invoice address, the Customer is to give both addresses on the order form and the parcel will be shipped to the delivery address specifically indicated on the form.
Deliveries are made to your delivery address door, It is not our responsibility to take goods into your premises. Deliveries are made with a 3rd party carrier and likely to be by Van or Lorry – it is not the responsibility of Risbeys to ensure that the delivery address is accessible and there is no liability to Risbeys for any re-delivery charges or late deliveries. Any accessibility issues must be disclosed at the time of order. Deliveries will be made between 8.00am and 6.00pm and must be signed for. ETA information on the day of delivery are at the discretion of the carrier, Risbeys will therefore not be able to guarantee delivery times.
Delivery time on our internet order are 5-7 working days. Special order may vary but will be clearly stated at the time of purchase.
Please inspect the goods at delivery – any claims for damages or missing goods must be made with the carrier at the time of delivery. All information regarding missing items and damaged items will need to be noted on the carriers paperwork. Claims must be made within 5 working days of delivery. Refused goods that arrive back with Risbeys that are in good condition will result in a returned delivery charge.
RETURN / REFUND POLICY
Returns of whole orders can be made within 7 days of receipt of goods and must be received by us in original packaging and good condition (this excludes special orders). You are responsible for any carriage charge for the return and also the original delivery charge. Risbeys does not accept part order returns. Due to the custom pre-designed nature of some services, (special order) there are no refunds. Albums ordered are considered custom product therefore there are no refunds on any album orders. Flush Mount and certain framed products that are made to order (special order) cannot be returned or exchanged unless: a fault or manufacturer defect is evident and reported.
If you've had the product for up to 1 year, we'll repair the product or, if that's not possible, give you a replacement or, if that's not possible, a refund.
If the Customer decides to return the goods to Risbeys, the Customer Care department will issue an RMA file number. The Customer will have to send back the item preferably in its original packaging even if it was opened. All the original accessories will also have to be included (user's manual, cables, remote control, warranty card…).
CANCELLATION AND RETRACTIONS
Please read the Returns Procedure and Conditions beforehand.
Procedure - In accordance with the provisions of article 6 and in compliance with the Directive 97/7/EC of the European Parliament and of the Council, the Consumer is entitled to a fourteen (14) day retraction period starting from the date he/she receives the product(s) to return any item that may not suit his/her needs. Special orders have a 48 hour cancellation period.
Products must be, preferably, in original packaging and in good condition in order to be resold. The Customer will be allowed to choose between having the returned goods replaced with another reference or receiving a refund without any penalty, with the exception of return fees. The Consumer is therefore entitled to a fourteen (14) day period to inform Risbeys that it is his or her wish to cancel his or her order and to obtain an RMA number from the Customer Care department.
IMPORTANT NOTE: The Right to Retract cannot be exercised if the returned items are unlikely to be resold.
The item must be returned in pristine condition, preferably in its original packaging.
The item must be returned with all its accessories (user's manual, cables, remote control, warranty card, CD software etc…). Should the item fail to meet these conditions, it will be returned to the Consumer, at his/her expense.
The Consumer must systematically state his order reference and his name and complete address if he/she wants his request to be processed efficiently.
Specific conditions impeding the right to retract No return will be accepted for:
Items that may be copied (Multimedia devices, CDs, DVDs, Photographs, …) if the return request exceeds the 7-day after delivery requirement and/or if the packaging was unwrapped, unsealed, opened, torn, marked and/or if the item was used.
recording devices (Digital Frames, hard drive disk, USB flash drive, memory module) if the return request exceeds the 7-day after delivery requirement and/or if the packaging was unwrapped, unsealed, opened, torn, marked and/or if the item was used or installed.
Books: if the return request exceeds the 7-day after delivery requirement and/or if the book is damaged, torn, dog-eared...
"Abstract" or Downloadable software or images
TERMINATION & CANCELLATION (WEB DESIGN)
Either party may terminate this Agreement upon written notice to the other if a party materially breaches any of these terms and the breaching party fails to correct the breach within a reasonable length of time following the party's written notice, or immediately if the breach is incapable of cure.
- 6.1. Termination by Risbeys Web Design
- 6.1.1. Risbeys Web Design may terminate this Agreement (1) if you fail to pay any sums due to Risbeys Web Design as they fall due; (2) if, in Risbeys Web Design's reasonable opinion, you do not have sufficient technical expertise to use the Service without excessive ongoing technical support; or (3) you violate this TOS or any agreement incorporated into it by reference.
- 6.1.2. We may terminate a particular Order, or aspect of the Services, if a Third Party ceases to make components of them available to us, or if providing them to you becomes cost prohibitive.
- 6.2. Termination by you
- 6.3. You must terminate the Services in writing (Termination Request). This is the only way to effectively terminate the Services. We will send you an email verification of the Termination Request (Termination Verification). You must acknowledge the Termination Verification to Terminate the Services. If you do not acknowledge the Termination Verification, or, you fail to confirm (Termination Verification)request to terminate the Services, the Services will not be Terminated, and Fees will still be charged. You must follow this procedure in order to terminate each Service.
- 6.4. Once you provide us with the Termination Verification, it will take us five calendar days to process the Termination. You are responsible for any Fees that accrue during this five-day period.
Our technical support is provided via our website or Telephone. Your initial request for technical support must originate via our website. Technical support is provided at our discretion, and during the hours set out on our website. If your request for technical support exceeds that of similarly situated customers, or is based on your lack of sophistication, we may charge you our standard hourly rate for support. We will inform you, and receive your consent, prior to charging you for technical support. If you request technical support, you agree that we may have full access to your equipment, account and any and all items accessible to us based on your request. Because the technology underlying and supporting websites is complex, and in some cases unreliable, we do not guarantee that even with maintenance and technical support, the Site will always be functional. Maintenance and technical support is provided by us on a reasonable efforts basis.
INTELLECTUAL PROPERTY RIGHTS AND OTHER CONSENTS
- 8.1. During the Term, and as long as you have paid the Fees, we grant you a non-exclusive, limited right to use the software, templates, animations, video, audio or other items incorporated into the Site by the Services (Licensed Material) in accordance with the terms and conditions of this TOS. You may not sublicense, resell or otherwise market the Licensed Material other than as a website. You may not use the Licensed Materials to compete with us.
- 8.2. Other than the license to use set out in paragraph 8.1., you may not alter, merge or adapt the Licensed Material in any way. You may not: (1) remove, modify or obscure any copyright, trademark or other notices of proprietary rights; and/or (2) reverse engineer, decompile or disassemble the Licensed Material.
- 8.3. The Services shall not be "works made for hire" and/or you shall not own any interest in them. We retain rights in the underlying source code, standard functionality (including, but not limited to, content management system, web site structure, shopping cart, check out pages, coding, and scripts), and/or the Licensed Material, and have a lien on the Customer Content for unpaid Fees. We retain ownership, including the right to use, license, sell and otherwise commercialize the Licensed Material and/or the concepts developed by us in performing our work here under for other purposes, including, but not limited to, creating other websites which incorporate functional elements of the Services.
- 8.4. If we have not provided a license for you to use software as part of the Services, you agree to procure appropriate licenses to use the software (Required Licenses). "Required Licenses" means any licenses, consents or approvals required to use, software, hardware and other items installed on the Site, or whose use is facilitated by the Service. You agree to provide us with copies of the Required Licenses promptly following our written request.
- 8.5. You are solely responsible for obtaining all intellectual property rights in the intellectual property of others, including but not limited to clearances and/or other consents and authorizations necessary to use the names, marks or other materials which are used by you in, or transmitted via, the Site (Objects). On becoming aware of any dispute between you and any other individual or organization regarding the Objects, Risbeys reserves the right, at its sole discretion and without notice or liability to you, to cease any further use of such Objects. This suspension includes, but is not limited to, deleting or suspending the Objects from its computer systems and/or to make appropriate representations or provide information to any relevant authority or interested party.
- 8.6. From time to time you may provide us with information that may be used by us to improve the products and services we provide to you and other customers (Feedback Information). We shall own all intellectual property, and other rights in the Feedback Information. However, we shall have no ownership of Customer Content or your confidential information.
REPRESENTATIONS AND WARRANTIES
- 9.1. Our Warranty. We represent and warrant: (1) that we will use commercially reasonable efforts to perform the Services in a professional and workmanlike manner; and (2) that we have the right to provide all components of the Services to you. If components of the Services are licensed to us by third parties, this second warranty is limited by those licenses. Your sole and exclusive remedy for our breach of warranty is for us to re perform the Services, select components of equivalent functionality, or, at our option, refund the Fees you have already paid to us for the Services that could not be performed.
- 9.2. You represent and warrant that (1) you have the experience and knowledge necessary to use the Service; (2) you and your End Users understand and appreciate the risks inherent to you and your business that come from accessing the Internet; (3) you have sufficient knowledge about administering, designing and operating the functions contained in and facilitated by the Service necessary to take advantage of the Service; (4) that you will not violate any applicable laws and/or regulations in your use of the Service; and (5) that you own all intellectual property rights in, or have a license to use, any information you provide to us necessary for us to perform the Service, or to any information transmitted by us through the Service.
- 9.3. OTHER THAN AS SET OUT IN THIS TOS, WE MAKE NO WARRANTIES, AND ANY IMPLIED WARRANTIES ARE EXPRESSLY DISCLAIMED. THE SERVICE IS PROVIDED AS-IS. YOUR USE OF THE SERVICE IS AT YOUR OWN RISK. NONINFRINGEMENT, TITLE, AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE DO NOT WARRANT THAT THE SERVICE WILL MEET ALL OF YOUR EXPECTATIONS; WILL OPERATE IN ALL OF THE COMBINATIONS WHICH MAY BE SELECTED FOR USE BY YOU; OR THAT THE OPERATION OF THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE OR COMPLETELY SECURE. NO EMPLOYEE, OR AGENT IS AUTHORIZED TO MAKE ANY WARRANTY ON OUR BEHALF.
LIMITATION OF LIABILITY
YOU AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU WILL NOT UNDER ANY CIRCUMSTANCES HOLD US OR OUR LICENSORS, AGENTS, EMPLOYEES, OFFICERS AND/OR THIRD PARTY VENDORS, LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES WHATSOEVER INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOST PROFITS, COST SAVINGS, REVENUE, BUSINESS, DATA OR USE, OR ANY OTHER PECUNIARY LOSS BY YOU OR ANY OTHER THIRD PARTY. YOU AGREE THAT THE FOREGOING LIMITATIONS APPLY WHETHER IN AN ACTION IN CONTRACT OR TORT OR ANY OTHER LEGAL THEORY AND APPLY EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL WE BE LIABLE TO YOU IN THE AGGREGATE WITH RESPECT TO ANY AND ALL BREACHES, DEFAULTS, OR CLAIM OF LIABILITY UNDER THIS TOS FOR AN AMOUNT GREATER THAN THE FEES ACTUALLY PAID BY YOU TO US DURING THE THREE MONTH PERIOD PRECEDING A CLAIM GIVING RISE TO SUCH LIABILITY. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES; YOU AGREE THAT IN THOSE JURISDICTIONS OUR LIABILITY WILL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
Each party shall indemnify and hold the other harmless from, and at its own expense agrees to defend, or at its option to settle, any claim, suit or proceeding brought or threatened against the other party so far as it is based on a claim that the Customer Content on the one hand, or the Service (fully owned by us) supplied hereunder on the other, infringes any UK. patent, copyright, or trademark, or that a Required Consent has not been procured. This paragraph will be conditioned on the party seeking indemnification notifying the other party promptly in writing of the claim and giving the party providing indemnification full authority, information, and assistance for the defence and settlement thereof. The party seeking indemnification shall have the right to participate in the defence of the claim at their expense. If, in our case, such a claim has occurred, or is likely to occur, you agree to permit us, at our option and expense, either to: (1) procure for you the right to continue using the Service; (2) replace with a product or service, regardless of manufacturer, performing the same or similar function as the infringing Service, or modify the same so that it becomes non-infringing; or (3) if neither of the foregoing alternatives is reasonably available, immediately terminate our obligations (and your rights) under this Agreement with regard to such Service. This shall be your sole and exclusive remedy for a UK. patent, copyright, or trademark infringement claim based on this Agreement.
- 12.1. You are required to provide notices to us about the Services through our website. We will provide notices to you using the information you provide to us in the "Details" section of the website. We have no responsibility for misdirected notices based on your failure to provide correct information.
- 12.2. Termination notices must be provided to us as set out in paragraph 6.2.
RESOLUTION OF DISPUTES & CHOICE OF LAW
- 13.1. Any dispute, controversy or claim (individually and collectively a "Dispute) arising under this Agreement shall be resolved in accordance with the procedures set forth in this Section.
- 13.2. In the event of a dispute between the parties relating to this Agreement, each of the parties shall appoint a designated representative who has authority to settle the dispute and who is at the "C" level or above. This appointment will take place no later than five business days after the initial request for dispute resolution. The designated representatives shall meet as often as they reasonably deem necessary in order to discuss the dispute and negotiate in good faith in an effort to resolve the dispute. The specific format for such discussions will be left to the discretion of the designated representatives; however, all reasonable requests for relevant information made by one party to the other shall be honoured. If the parties are unable to resolve issues related to a dispute within thirty days after a party's request is made, the dispute shall be submitted for arbitration. The dispute shall be heard by a single arbitrator who has experience in the field of web design. The arbitrator shall not be entitled to award punitive damages, or attorney's fees.
- 13.3. If the procedures set out in the previous paragraph fail, the parties agree that all disputes shall be brought before the UK Court. (District Court). If the District Court may not consider the dispute, all disputes shall be brought before the Crown Court located in North East England. The parties agree that after the procedures in paragraph 13.2. above have been followed, these courts shall have exclusive jurisdiction over all disputes and other matters relating to the interpretation and enforcement of this Agreement or any other document entered into by the parties. Further, the parties agree that venue shall be proper in the appropriate court set out above, and agree that they shall not contest notice from that court.
- 14.1. "Risbeys" means Risbeys Web Design / Photography and/or any affiliate which shall supply Services to you.
- 14.2. "End User" is the individual or entity who uses, or to whom you provide your services;
- 14.3. "Fees" means the charges to be paid by you for the provision of the Services as set out in any Order or, if not set out on the Order, those set out on our website;
- 14.4. "Objects" means any names, marks or materials and any other information, documents or software which you supply to Risbeys under this Agreement;
- 14.5. "Order" means the order form or purchase order, including electronic and online forms, or letter signed or submitted by you or on your behalf requesting Services;
- 14.6. "Server" means the computer server equipment operated by Risbeys in connection with the provision of the Services or operated by a Third Party or to which the Services are provisioned;
- 14.7. "Service" or "Services" means any and all services provided by Risbeys under this TOS including, without limitation, domain name registration services; domain name portfolio management services; domain name searching, monitoring and recovery services, space hosting, web, email and UseNet searching and monitoring services and professional services and any other services requested by you which may be provided from time to time as set out on the portion of our website describing the individual Service (Service Pages);
- 14.8. "Site" means the HTML, other code, pictures, and Customer Material, the details of which are set out on the Order, and which is the ultimate goal of the Service;
- 14.9. "Space" means the area on the Server allocated by Risbeys to you for use by you as a site on the Internet;
- 14.10. "Term" means the period during which this Agreement binds the parties;
- 14.11. "TOS" means these terms and conditions, including all documents incorporated by reference;
- 14.12. "You" and "your" mean the person, firm or company who purchases Services from Risbeys; and
- 14.13. "We," "us" or "our" means Risbeys.
PHOTOGRAPHY WEDDING, STUDIO & COMMERCIAL
- 15.1. Special Requests / Coverage
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 instruction, although every effort is made to comply with the client's wishes. Any special requests must be made by the client to the photographer in writing.
- 15.2. The Photographer
On occasions and without notice it may be necessary for the photographer originally specified to be substituted by another photographer (e.g. due to ill health).
- 15.3. Images
All image sizes are nominal. The photographer will provide a pleasing colour balance but cannot guarantee exact colour matching. It is sometimes impossible to record the exact colour as seen by the human eye. Because of difference in equipment, processing, proofing, paper, inks, pigment and other conditions between the individuals colour proofing monitors calibration for viewing. The production operation, of the printed images may have a reasonable variation in colour. This shall constitute an acceptance.
- 15.4. Retouching
Retouching, digital manipulation and artist finishing is available to the client as an optional extra. Charges may apply.
- 15.5. Copyright
Any images or copies of images whether stored digitally or otherwise and any computer program including any source or object code, computer files or printed documentation relating to such images are protected by the Copyright and Design Act 1988. It is contrary to the Act to copy or allow to be copied photographically / electronically or by any other means an image created as part of this contract without the permission of the photographer in writing. Any breaking of seals in the album will presume a breach of copyright.
- 15.6. Negatives / Digital Files
Negatives / digital files remain the property of the photographer.
- 15.7. License
The photographer shall be granted complete artistic license in relation to the poses photographed and the locations used. The Photographer's judgment regarding the locations/poses and number of images taken shall be final. Due to the vagaries of the weather and the willingness of subjects it may not be possible to capture all the images requested.
- 15.8. Force Majeure or Act of God (see 17.4.)
The due performance of this contract is subject to alteration or cancellation by either party owing to any cause beyond their control.
- 15.9. Previews
Although the photographer will do his best to produce more proofs/preview images than set out in the brochure/as discussed with the client, there is no guarantee that any particular number of proofs/preview images will be produced.
- 15.10. Display
The client hereby allows the photographer to display any images included in this contract in their studies, portfolios, literature, exhibitions and advertising or commercial reason.
- 15.11. Limitation of Liability
In the unlikely event of a total photographic failure or cancellation of this contract by either party, whether caused by negligence or in any other circumstance, the liability of photographer shall be limited to the total booking fee. Neither party shall be liable for indirect or consequential loss.
- 15.12. Complaints
Any complaints should be raised by the client with the photographer, in writing, within 28 days of first becoming aware of the matter to be complained of and in any event within 28 days of receipt of the images. In the unlikely event of an unresolved complaint the Client may request The British Institute of Professional Photography to act as independent arbitrators, with regards to quality. Any attempts to slander by mean of electronic post or print may result in prosecution and is deemed a breach of this contract.
- 15.13. Sole Rights
Risbey's Web Design / Photography. shall be the sole professional photographers at the venues specified. The Client will assist Risbey's photographers in ensuring that no photographs are taken of poses arranged by Risbey's, and that guests' photographs are taken at a special interval which is convenient to Risbey's Photographer.
TERMINATION & CANCELLATION (Photography)
Either party may terminate an Agreement upon written notice to the other party.
- 16.1. Termination by Risbeys Photography
- 16.1.1. Risbeys Photography may terminate this Agreement (1) if you fail to pay any sums due to Risbeys Photography as they fall due; (2) if, in Risbeys Photography 's reasonable opinion, you do not attend appointment needed so Risbeys Photography can carry out its agreed service; or (3) you violate this TOS or any agreement incorporated into it by reference.
- 16.1.2. We may terminate a particular Order, or aspect of the Services, if a Third Party ceases to make components of them available to us, or if providing them to you becomes cost prohibitive.
- 16.1.3. If Risbeys cancel a service contract at any time due to clause 16.1.1. You shall forfeit any monies paid. In addition you will be eligible to pay a sum equal to 50% average contract value. The said sum shall be payable as compensation as an estimate of the loss that Risbeys Photography would suffer.
- 16.2. Termination by you
- 16.2.1. You must terminate the Services in writing (Termination Request). This is the only way to effectively terminate the Services. If you do not, or you fail to confirm a (Termination Request) to terminate the Services, the Services will not be Terminated, and Fees will still be charged. You must follow this procedure in order to terminate each Service.
- 16.2.2. Once you provide us with the Termination Verification, it will take us five calendar days to process the Termination. You are responsible for any Fees that accrue during this five-day period.
- 16.2.3. In cancelling a service contract at any time by giving written notice to Risbeys Photography You shall forfeit any monies paid. Should cancellation be received by the photographer less than 5 weeks prior to the date of the event/sitting the client shall in addition eligible to pay a sum equal to 50% average contract date value. The said sum shall be payable as compensation as an estimate of the loss that Risbeys Photography would suffer.
- 17.1. If any provision of this Agreement or part thereof shall be void for whatever reason, the offending words shall be deemed deleted and the remaining provisions shall continue in full force and effect.
- 17.2. Your rights and obligations under this Agreement are personal to you, and you shall not assign, lease, charge, sub-license, or otherwise transfer such rights and obligations in whole or in part.
- 17.3. Risbeys Web Design / Photography reserves the right to sub-contract any of the work required to fulfil the Services and to assign this Agreement.
- 17.4. Except for the obligation to pay the Fees, neither party shall be liable for any delay, failure in performance or service due to events outside the defaulting party's reasonable control, including without limitation acts of God, earthquake, labour disputes, shortages of supplies, riots, war, fire, epidemics, failures of telecommunication carriers, delays of common carriers, equipment failures or other circumstances beyond its reasonable control. The obligations and rights of the excused party shall be extended on a day to day basis for the time period equal to the period of the excusable delay. The party affected by such an occurrence shall notify the other party as soon as possible, but in no event less than ten days from the beginning of the event. Every effort will be made to fulfill all orders placed with Risbeys Web Design / Photography.
- 17.5. Any delay or forbearance by either party in enforcing any provisions of this Agreement or any of its rights hereunder shall not be construed as a waiver of such provision or right thereafter to enforce the same.
- 17.6. Paragraph headings have been included in this Agreement for convenience only and shall not be considered part of, or be used in interpreting, this Agreement.
- 17.7. This Agreement does not create any agency, partnership, joint venture, or franchise relationship. Other than as set out herein, neither party has the right or authority to, and shall not, assume or create any obligation of any nature whatsoever on behalf of the other party or bind the other party in any respect whatsoever.
- Pet Compitition. The pet compitition will run till the end of August 2010. The winner will be informed by the end of September 2010 and Presented with a 20x16 Lifestyle Framed Picture of the winning image.
Copyright and Trademark Notice
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