Terms and Conditions

DEFINITIONS:

“Photographer” = J. J. Williamson trading as The Norfolk Photographer.

“Our” = J. J. Williamson acting as The Norfolk Photographer and associated trading brand names.

“You” = Customer/User/Client of this website and/or ordering platforms.

“Agreement” = Terms, Conditions and Agreements.

“Services” = Services supplied by J. J. Williamson trading as The Norfolk Photographer.

“Photographs” = All photographic material shot by J. J. Williamson furnished by the Photographer, whether prints or any other physical or electronic material.

COPYRIGHT:

The Photographer retains the entire copyright in the Photographs at all times throughout the world.

OWNERSHIP OF MATERIALS:

The title to all Photographs remains the property of the Photographer. When the Licence to Use the material has expired, the Photographs must be returned to the Photographer in good condition within 30 days.

USE:

The Licence to Use comes into effect from the date of payment of the relevant invoice(s). No use may be made of the Photographs before payment in full of the relevant invoice(s) without the Photographer’s express permission. Any permission given for prior use will automatically be revoked if full payment is not made by the due date or if the Client is put into receivership or liquidation. Where use is restricted in the Agreement, permission to use the Photographs for other purposes will usually be granted but may incur a further fee, to be mutually agreed upon.

Note: Agreement must be reached with the Photographer before the Photographs may be used for other purposes.

BOOKINGS:

The Client agrees to pay the Photographer a “part £150 booking fee” for their portrait session (plan). The part booking fee is the minimum hourly rate charge. The part booking fee is only refundable in exceptional circumstances. Please refer to the Booking Policy for more information.

EXCEPTIONAL CIRCUMSTANCES:

The Client agrees that a part booking payment (£150 GBP) cannot be refunded unless there are exceptional circumstances. Exceptional circumstances include (but are not limited to):

• Severe ill health.
• Personal accident or injury of a “significant nature”, or bereavement of a close family member, e.g. a parent, grandparent, guardian, sibling, son, daughter, or a close personal friend.
• A flare-up of a diagnosed and ongoing illness or disability, including a mental health condition.
• Symptoms of an infectious disease that could be harmful if passed on to others.
• Extreme weather events, i.e. flooding, hurricanes, or environmental disasters, such as earthquakes, landslides, forest fires.
• Terror attacks.
• Bomb scares.
• Civil war, civil unrest, etc.

Exceptional circumstances mean one or more unavoidable circumstances.

EXCLUSIVITY:

The Client may be authorised to publish the Photographs to the exclusion of all other persons, including the Photographer. However, the Photographer retains the right in all cases to use the Photographs in any manner at any time and in any part of the world for the purposes of advertising or otherwise promoting his work. After the exclusivity period indicated in the Licence to Use, the Photographer shall be entitled to use the Photographs for any purposes.

CLIENT CONFIDENTIALITY:

The photographer will keep confidential and will not disclose to any third parties or make use of material or information communicated to him in confidence for the purposes of the photography, save as may be reasonably necessary to enable the Photographer to carry out his obligations in relation to the commission.

INDEMNITY:

The Photographer agrees to indemnify the client against all expenses, damages, claims and legal costs arising out of any failure by the Photographer to obtain any clearances for which he was responsible in respect of third-party copyright works, trade marks, designs or other intellectual property. The Photographer shall only be liable for obtaining such clearances if expressly agreed upon before the shoot. In all other cases, the Client shall be responsible for obtaining such clearances and will indemnify the Photographer against all expenses, damages, claims and legal costs arising from any failure to obtain such clearances.

PAYMENT:

Payment will be expected for the commissioned work, i.e. portrait services, within, 28 days of the issue of the relevant invoice. Bookings cannot be paid in cash or using the Klarna payment system. Portrait services must be paid in full before the due date as stipulated on the final invoice. Bookings or full invoice portrait payments made through Klarna will be cancelled, and the Client(s) will be contacted to make payment arrangements as specified in the contract. Prints, products, frames etc., can be paid in full or using the Klarna payment plan service.

EXPENSES:

Where extra expenses or time are incurred by the Photographer as a result of alterations to the original brief by the Client, or otherwise at their request, the Client shall give approval to and be liable to pay such extra expenses or fees at the Photographer’s normal rate (£150p/h) to the Photographer in addition to the expenses shown as having been agreed or estimated.

COUPON CODES:

The Customer/Client agrees that coupon codes must be used with the offers the photographer has stated. Each Customer is entitled to one coupon. Each coupon is identified by a code and has different rewards. Coupons are only applicable to Visa, Visa Debit, MasterCard and American Express purchases. To redeem the coupon code, the Client/Customer types the coupon code into the promotional box in their cart. Each coupon is valid for a limited time and expires on the specified date. The date can be found on the special offer, in your email, on the website, blog, product, and product description. Coupons cannot be replaced. A coupon cannot be applied to bookings (unless specified on your portrait plan) or in a promo offer. If a coupon is used and an entire booking (per the cancellation policy) is cancelled later by the Client, the coupon will no longer be valid. The coupon is not necessarily valid for all periods of the year. There may be periods, particularly during the seasons, for which the coupon may not be usable. J. J. Williamson trading as THE NORFOLK PHOTOGRAPHER shall not be liable for any loss, damage or injury suffered or sustained (even if caused by negligence) as a result of accepting and/or using the coupon, except for any liability which cannot be excluded by law.

ADDITIONAL DISCOUNTS:

Where stated, additional discounts are only provided when proof of a DWP pension and/or Civil Servant card has been provided to the photographer e.g. Member of the Armed Forces, NHS etc. Additional discounts do not apply to bookings. If a Client has claimed discount using forged or out of date documentation, legal action will be sought to recover expenses. In addition, the Client will be permanently banned from using using the Norfolk Photographers services.

REJECTION:

Unless a rejection fee has been agreed upon in advance, there is no right to reject based on style or composition.

BOOKING CANCELLATION & POSTPONEMENT:

A booking is considered firm from the date of cancellation/postponement. Bookings cancelled after 48 hours will not be refunded unless there are exceptional circumstances, i.e. death of a loved one, serious accident or injury, risk of disease transmission, etc. Please refer to the exceptional circumstances listed above.

RIGHT TO A CREDIT:

Unless the ‘Right to a Credit’ has been waived, the Photographer’s name will be printed on or in reasonable proximity to all published reproductions of the Photograph(s). The Photographer also asserts his statutory right to be identified in the circumstances set out in Sections 77-79 of the Copyright, Designs and Patents Act 1988 or any amendment or re-enactment thereof.

STOCK LICENCES:

Please read the following information carefully, print these terms, conditions and agreements and keep them safe with your stock licence receipt. The following terms and agreements apply to Customers that purchase stock imagery.

This is a legal agreement (the “Agreement”) between you or your company, firm or other organization, as applicable, (“you”) and The Norfolk Photographer, each a “party” and together the “parties”.

Please read this Agreement carefully in its entirety before you download or use any Content. By confirming the purchase of the Content, downloading the Content from the Website, or by otherwise obtaining or using the Content you agree to be bound by the terms of this Agreement and the Content usage restrictions contained herein, in an Invoice and/or notified on the Website. If you do not wish to accept the terms of this Agreement, do not download the Content, and notify The Norfolk Photographer by email to the following address: jon@norfolkphotographer.studio within fourteen (14) days from the Invoice date for a full refund.

• In relation to all Licences – (Section 1)

1. When used in a news or editorial context, you may only crop or otherwise edit the Content for technical quality purposes, provided that the editorial integrity of the Content is not compromised, and the truth of the Content is maintained. The Content when used in a news or editorial context may not, under any circumstances, be otherwise altered.
2. Content depicting in copyright artwork may be cropped or otherwise edited for technical quality purposes only, provided that the original context and setting of the Content is not altered.
3. You must not incorporate any Content (or any part of it) into a logo, trademark or service mark (unless permission has been granted in writing from the Photographer).
4. Content must not be used as references for creating drawings or other visual works unless specifically authorised in the Invoice.
5. You are solely responsible for ensuring that the Content so altered is suitable and appropriate for your intended use. You agree that any altered Content that gives an untrue representation of reality should not be used for news or current events reporting. 
6. You may not use the Content in a pornographic, defamatory, hateful, racist, fascist, Islamophobic, fraudulent, lewd, obscene or otherwise illegal manner, including, but not limited to, use: (i) in connection with pornography, adult videos, adult entertainment venues, escort services, or the like; or (ii) which may or may be deemed to infringe any third-party Intellectual Property or privacy rights, whether directly or in context or by juxtaposition with other materials.
7. If any Content featuring a model is used in a manner that would lead a reasonable person to believe that the model personally uses or endorses a product or service or if the depiction of the model in the Content would be unflattering or unduly controversial to a reasonable person, you must accompany each such use with a statement indicating that the person is a model and the Content is being used for illustrative purposes only.
8. You may store the Content in a digital library, network configuration or other electronic storage system to allow it to be viewed within your organisation and by your clients. When your Licence period (as set out in the Invoice) ends or if your Licence is otherwise terminated, you must promptly delete the Content from your computer, digital library, network configuration or other electronic storage system. Any subsequent reuses of the Content must be agreed with the Photographer in advance of such use to ensure the Content is available to use under the rights you require.
9. Not all the Content is Released. It is your responsibility to check that all necessary Releases have been secured. Please email the Photographer here for more information concerning model and property releases.
10. The Licence granted to you pursuant to this Agreement is personal to you and the Content may not: (i) be sublicensed, resold, assigned, transferred, or otherwise made available for use to any third party; or (ii) be distributed separately or detached from a product or web page. For example, the Content may be used as an integral part of a web page design but may not be made available for downloading separately or in a format designed or intended for permanent storage or reuse by website users. Similarly, your end-users may be provided with copies of the Content as an integral part of work product but may not be provided with the Content or permitted to use the Content separately.
11. You may only sublicense or assign the Content as incorporated into a work, project, product or production (each a “Product”) in accordance with the Terms and only to the extent strictly necessary for the Content to appear in such Product. If you sublicense or assign the Content to any third party pursuant, you will rescind your rights to use the Content in any other third party’s work, liability for the performance of your obligations under this Agreement will not be affected, and you will at all times remain responsible for the acts and omissions of such third party under or in connection with this Agreement as though such actions or omissions were performed by you and it is your responsibility to ensure that that third party understands and abides by all the Terms.
12. The Content may not be distributed in a way that would allow any third party to download, extract or access the Content as a standalone file.
13. You may not use the Content in templates (i.e. in pre-formatted designs available to end-users to add their own content) unless agreed on in writing by the Photographer.
14. The Content may be shared by creating an image library, network configuration or other similar arrangement provided that only individuals employed or contracted by the entity which is a party to this Agreement have access to the Content through such sharing process.
15. You acknowledge that the Content provided by the Photographer is subject to arrangements (involving intellectual property and/or any other rights or otherwise), restrictions, prohibitions, directions, or instructions imposed by the Photographer on the use of such Content. You must: (i) comply with any and all such arrangements, restrictions, prohibitions, directions or instructions imposed by the Photographer before or at the time of delivery of the Content, either in the information accompanying the Content, on the Invoice or otherwise; and (ii) where applicable, ensure that certain arrangements (including payment of any applicable third party licence or other fee) are made directly with the Photographer and third parties.
16. In relation to all Licences, except Royalty Free licences, your Reproduction of the Content is strictly limited to the use, medium, period of time, territory and any other restrictions specified in the Terms. You may utilise the Content in any production process that may be necessary for the intended use specified in the Invoice.

• Previews – (Section 2)

Notwithstanding any other term of this Agreement: (i) no warranty or right or licence granted to you (other than in this Clause – Section 2) will apply to any preview of any item of Content displayed in or downloaded from the Website or otherwise provided to you (a “Preview”); (ii) any Preview provided to you may only be used for your internal review and evaluation for a period not exceeding 30 days from the date such Preview is downloaded or made available to you); (iii) you will limit access to Previews to your representatives who are informed of the terms of this Clause 4; (iv) you will not make available any Product containing the modified or unmodified Preview or a derivative work thereof to any third party, other than to a client which agrees to be bound by this Clause 4; (v) unless and until you or your client purchases a Licence relating to the Preview, neither you nor your client will exploit, print, publish, display, distribute or publicly stream, broadcast, display or perform any Previews or Product containing the modified or unmodified Preview or a derivative work thereof; and (vi) if you or your client do not purchase a Licence from the Photographer relating to the Preview (and in the case of Video Content, within 30 days from the date such Preview is downloaded or made available to you), you will permanently delete all copies of the Preview from any and all media.

• Free Trial(s) – (Section 3)

A Free Trial (image) provided to you may only be used for your internal review and evaluation for a period not exceeding 30 days from the date such Free Trial is downloaded or made available to you. All Free Trials are available via download through email. Free Trials are not available on the main shop stock image page.

• Credit and Copyright Issues – (Section 4)

1. No ownership of, or copyright in the Content will pass to you by the grant of any Licence. You acknowledge that, with the exception of certain Content that may be in the public domain (for which you are obtaining access rights), all right, title and interest in and to the Content and in any Content Information, including, without limitation, any applicable Intellectual Property rights therein remain with the Photographer, and other than the specific rights granted in (Section 4), nothing contained herein will be construed to convey any rights or proprietary interest in the Content to you.
2. Unless otherwise agreed in writing, if any Content is Reproduced by you for editorial or news purposes, you must include the credit line “(J. J. Williamson, The Norfolk Photographer)”, or any other credit line specified by the Photographer.
3. The Content as stored, shared or otherwise made available by you, must at all times retain the Content identification reference number, metadata associated with the Content (“Content Information”) that is embedded in or provided with the electronic file that comprises any Content. Failure to maintain the integrity of the Content Information referred to in this Clause will constitute a material breach of this Agreement.
4. You will immediately notify the Photographer if you become aware or suspect that any third party: (i) has gained access to the Content through you; (ii) is wrongfully using the Content, in whole or in part; or (iii) is violating any of the Photographers or any third party’s Intellectual Property rights.

• Warranty and Limitation of Liability – (Section 5)

1. The Photographer guarantees that should any Content contain defects in material or workmanship which are notified in writing within fourteen (14) days of the date of delivery of the Content, then the Photographer will either replace that Content with another digital copy of the Content free from defect or refund the Licence Fee paid by you to the extent attributable to the defective Content. After 14 days a full refund will not be made available to you.
2. The Photographer makes no other warranty, express or implied, including, without limitation, any implied warranties of merchantability or fitness for a particular purpose. Nor will the Photographer be liable for any loss of profit or loss of revenue, loss of or damage to goodwill, loss of contracts, loss of customers or any indirect, special or consequential loss, damage, costs, expenses or other claims (whether caused by the negligence of the Photographer, my servants or agents or otherwise) which arises out of or in connection with this Agreement, even if the Photographer has been advised of the possibility of such loss. Each provision of this section is to be construed as a separate limitation (applying and surviving even if for any reason one or other of such provisions is held to be inapplicable, unreasonable or unenforceable in any circumstances) and will remain in force notwithstanding the termination or expiry of this Agreement or any Licence hereunder.
3. The Photographer will not be held liable for any claims, damages, losses, expenses or costs arising as a result of or in connection with any alteration, cropping, manipulation, editing or any other modifications made to the Content by you or on your behalf or as a result of the context in which the Content is used.
4. Subject to the maximum liability arising out of or in connection with this Agreement (whether such liability arises due to breach of contract, negligence or for any other reason) will be limited to five (5) times the total Licence Fees and Image(s) costs set.
5. No term of this Agreement will preclude any liability or claim: (i) for death or bodily injury; (ii) for fraud; (iii) arising from willful default or gross negligence on the part of the Photographer or any of its employees, agents or otherwise; or (iv) which cannot be excluded or limited by law.
6. Notwithstanding any other provisions of this Agreement, you acknowledge that: (i) the Website may contain archival or other collections that include Content that are not protected by copyright, are in the public domain or for which copyright ownership is unknown; and (ii) in respect of such Content:

a) purport to have any Intellectual Property rights in such Content and are solely providing you with access to their copy based on your compliance with this Agreement; and

b) other copies of such Content may be available elsewhere for free.

• Payment – (Section 6)

Any Reproduction of the Content by you or on your behalf must be reported to the Photographer as soon as practicable, and in any event within four (4) months of your download or receipt of the Content (whichever is earlier). Any failure in such reporting and/or delay in receipt of the Licence Fee by the Photographer constitutes a material breach of this Agreement. Such material breach entitles the Photographer to immediately terminate this Agreement and any Licence hereunder and may, in some instances, constitute an infringement of copyright and/or other Intellectual Property rights.

• Release Information – (Section 7)

1. Unless Content is marked as having a Release available on the Website at the time you download or order it, the Photographer gives no representations or warranties whatsoever: (i) as to the existence of any Releases associated with the Content; (ii) with respect to any names, trademarks, logos, trade dress, uniforms, registered or copyrighted designs, artistic works, architecture or other works depicted in any Content; (iii) with respect to any right of privacy or publicity of any person depicted in the Content; and (iv) in relation to the subject matter depicted or included in the Content and grants no rights in relation to the same. The Photographer will not be liable for any third-party claims relating to the subject matter depicted therein.
2. You must satisfy yourself that all Releases as may be required for the Reproduction of the Content have been secured and that they are appropriate for your intended use. You are solely responsible for obtaining all such Releases and will be solely liable in the event that a suitable Release is not obtained. If you are unsure as to whether any Releases are needed for your Content usage, then it is your responsibility to consult with relevant parties. You will not rely upon any representation or warranty given by the Photographer, employees or representatives save as set out in this Agreement.
3. Failure or refusal by you to secure the relevant Releases for Reproduction of the Content is considered a material breach of this Agreement and a breach of Intellectual Property rights, for which you will be solely liable and for which you will indemnify and hold harmless the Photographer, and their respective parents, subsidiaries, successors, assigns, and all employees and agents. This indemnification is in addition to, not in lieu of, the indemnification set forth in Section 7 herein and will survive the expiration or earlier termination of this Agreement.

• Indemnity – (Section 8)

You will indemnify, keep indemnified and hold harmless the Photographer and their respective parents, subsidiaries, successors, assigns, and all employees and agents thereof against any and all claims, damages, losses, expenses or costs, including but not limited to any reasonable legal costs, arising in any manner whatsoever from: (i) your unauthorised use of any Content; (ii) any third party claim in relation to your failure to secure any necessary Releases; and (iii) any other breach by you of any of your obligations under this Agreement. The terms of this Clause will survive the expiration or earlier termination of this Agreement.

• Licence Fee – (Section 9)

You will pay the Licence Fee to the Photographer. You agree to notify the Photographer in the event that you wish to expand the usage for the Content and pay any additional Licence Fee. Use of any Content in a manner not specifically authorised under the Terms constitutes a material breach of the Agreement and may in some instances constitute an infringement of copyright and/or other Intellectual Property rights.

• Licence Cancellation & Termination – (Section 10)

1. If you have not downloaded an item of Content, you may cancel the Licence and get a full refund within fourteen (14) days of the Invoice date. You will need to send an email to jon@norfolkphotographer.studio with the Invoice number (e.g. IY11110000) and the Content file number (e.g.AT4WHG). If you cancel, you will not be able to use the Content.
2. Once you download a purchased item of Content, you agree that you have no right to a refund, unless expressly stated otherwise in the Agreement.
3. The Photographer may terminate or withdraw your Licence in relation to the Content based on a potential or actual legal claim. Upon such termination or withdrawal, you and your client (if applicable) must immediately discontinue all future use of the Content, delete the Content and all copies from all magnetic/electronic media and destroy all other copies in its or your possession or control.
4. This Agreement and any Licence hereunder will terminate immediately if you: (i) enter into voluntary or compulsory liquidation, have a receiver appointed, or suffer any other insolvency or bankruptcy event, (ii) cease or threaten to cease to carry on trading (if applicable); or (iii) commit a material breach of this Agreement and, if such breach is remediable, it is not remedied within fourteen (14) days of receipt of notice requiring remedy. In the event of termination, all rights granted will immediately revert back to the Photographer and any further exploitation of any Content may in some instances constitute an infringement of copyright and/or other Intellectual Property rights.
5. Any provision of this Agreement that expressly or by implication is intended to come into or continue in force on or after termination or expiry of this Agreement will remain in full force and effect.
6. Jon Williamson (The Photographer) trading under The Norfolk Photographer will collect and process personal information either submitted by you or collected by the Photographer to enable us to perform our contractual obligations to you and to provide services related to this Agreement. We will at all times adhere to applicable data protection laws and will process your personal information in accordance with our Privacy Policy.

• Overdue Invoices – (Section 11)

1. Unless otherwise agreed by us in writing, all Invoices are payable by you within thirty (30) days.
2. If you do not make full payment of an Invoice on time, the Photographer reserves the right to: (i) charge interest on the outstanding amount at the rate prescribed by the Late Payment of Commercial Debts (Interest) Act 1998 from the date payment was due until payment is received by the Photographer; and/or (ii) terminate any Licence granted to you and/or suspend further services for you.

• Condition of Content: – (Section 12)

You should make sure that you examine the Content for possible defects (whether digital or otherwise) before sending the Content for Reproduction. The Photographer will not be liable for any loss or damage suffered by you or any third party arising from any alleged or actual defect in any Content or its caption or in any way from its Reproduction.

• Downtime – (Section 13)

Due to the nature of server provision, downtime and lost transmissions may occur as part of routine maintenance. You are advised to maintain a copy of your account status and details of Content purchased.

• Audit – (Section 14)

You will keep separate and detailed records of all Reproduction of the Content to enable the Photographer to verify your compliance with the Terms. On not less than 10 days prior written notice, the Photographer, or any other person authorised by the Norfolk Photographer, may inspect any records, accounts and/or servers during normal business hours relating to the Reproduction of the Content to ensure that the Content is being used in accordance with this Agreement. This right of inspection will remain in effect for a period of one (1) year after the expiry or termination of any Licence granted to you.

• Miscellaneous Terms – (Section 15)

1. The Photographer reserves all rights to claim the royalties, levies, mechanical copying charges and other payments available from collective management organisations or other representative bodies in connection with secondary uses of the Content.
2. The Licence is conditional on you not being aware of or having received, prior to licensing any Content, any correspondence, representations, complaints or claims from the Photographer or third parties (collectively “Claims”) alleging that the Content in question is in breach of copyright or other third party Intellectual Property rights or is in some other way unauthorised. Any such Claims existing at the time the Content is purported to be Licenced will render any Licence granted void from the beginning. Any use of in-copyright Content in a manner not expressly authorised by this Agreement may constitute copyright infringement, entitling the Photographer to exercise all rights and remedies available to it under copyright laws around the world. You will be responsible for any damages resulting from any such copyright infringement, including any Claims by a third party. In addition, and without prejudice to the Photographer other remedies under this Agreement, the Photographer reserves the right to charge and you agree to pay a fee equal to up to five (5) times the Photographers standard Licence fee for the unauthorised use of the Content.
3. You shall ensure that you provide and maintain a valid and accessible email address supplied to the Photographer at registration or as updated and notified to the Photographer from time to time. The Photographer may contact you or provide any notice to you under these Terms at the email address, postal address, telephone number, or using any other communication method, provided by you when you register and/or create an account with us.
4. Except where expressly stated otherwise in these Terms, no variation of any of these Terms will be effective unless in writing and signed by the Photographer and you.
5. This Agreement and the Terms overrides any terms contained in any purchase order or other communication sent by you, and no act or inaction by the Photographer can be taken as acceptance of your offered terms.
6. You acknowledge that, in entering into this Agreement, it has not relied on any representation made by the other party that has not been set out in this Agreement.
7. You have 24 hours from the date and time of Licence purchase to download your image(s)
8. The Photographer will not be held liable or responsible for any lost or damaged Content, nor will the Photographer replace content that has been lost, stolen, or damaged be it prints, products, or digital copies held on electronic devices.

• Basis of the Sale – (Section 16)

1. The Image(s) may be purchased in a number of ways, either directly by the Buyer online using the Photographers Website or by the Buyer directing an employee to purchase the Image(s) for them. In all cases the Buyer acknowledges that the sale has occurred.
2. The Buyer agrees that all Image(s) sales are governed by the Licence Agreement. (See section 1)
3. The Buyer acknowledges that the Licence Agreement is liable to change and the Licence Agreement in place on the Website at the time of each Image(s) sale determines the Licence Agreement applicable to that sale.
4. Any typographical, clerical or other error or omission in any sales literature, quotation, price list, acceptance of offer, invoice or other document or information issued by the Photographer shall be subject to correction without any liability on the part of the Photographer.

• Terms of Payment – (Section 17)

1. Subject to any special terms agreed between the Buyer and the the Photographer, the Photographer will invoice the Buyer once the order process is complete on the Norfolk Photographers Website.
2. The Buyer shall pay the price of the Image(s) immediately or within 30 days of the date of the Photographer invoice. Any alterations to this payment term have to be agreed in Writing with the Photographer. Receipts for payment will only be issued upon request.
3. The Photographer operates a “Cancellation Policy” the terms of which can be found here. The Photographer reserves the right to change this policy without notice.
4. If the Buyer fails to make payment on the due date then, without prejudice to any other remedy available to the Photographer, the Photographer shall be entitled to:

a) Cancel the Contract or suspend further services for the Buyer.

b) Charge interest on overdue invoices and reasonable recovery costs. The Photographer understands and will exercise his statutory right to claim interest and compensation for debt recovery costs under late payment legislation if he is not paid according to agreed terms.

c) For account holders in the UK: Interest will be charged at the Bank of England base rate plus 8%.

d) For account holders in the EU: Interest will be charged at the ECB base rate plus 7%.

e) For account holders in the US and Rest of the World: Interest will be charged at the Bank of England base rate plus 8%.

• Data Protection – (Section 18)

The Norfolk Photographer shall process any personal information submitted by the Buyer to the Seller under these Conditions in accordance with our Privacy Policy.

SUPPLY TO THIRD PARTIES:

The licence only applies to the Client as set out in the Licence to Use Photographs.

REFUNDS AND RETURNS:

Please read the following information carefully as these are your statutory rights as a consumer in England and Wales. Please ensure you read the full refund, returns and booking policy too.

The Client agrees:

1. They have thirty (30) days to return faulty and/or damaged goods to be eligible for a full refund or repair.
2. No refund will be made available to Customer or Client for product or services ordered to their specification with stock item materials and build techniques unless there is a genuine manufactures fault.
3. Gift vouchers cannot be refunded, exchanged or replaced.
4. Calendar bookings cancelled after 48 hrs *48 hrs from the date you booked* are not refundable (unless there are exceptional circumstances).
5. Online, mail and telephone order customers have the right to cancel their order for a limited time only i.e. 14 days.
6. Notification of damaged in transit must be made to The Norfolk Photographer or his associates within 48hrs of receipt of order.
7. To be eligible for a partial refund, full refund, return, exchange, repair, for digital and physical products a proof of purchase receipt must be provided to the Norfolk Photographer or his associates on request within 30 days.
8. Postage and Packaging (regarding returns/exchanges) will be picked up by the companies courier and not delivered by the Client or Customer.
9. A partial or full refund will not be offered if, for example, you change your mind about the photographers style with respect to portrait services, prints, stock imagery and photo products.
10. To read the full Refund and Return Policy as set out on the company website here and Booking Policy here.

ELECTRONIC STORAGE:

Save for the purposes of production for the licensed use(s), the photographs may not be stored in any form of electronic medium without the photographer’s written permission. Manipulation or use of only a portion of the image may only occur with the photographer’s consent.

APPLICABLE LAW:

This agreement shall be governed by the laws of England & Wales.

VARIATION:

These Terms and Conditions shall not be varied except by agreement in writing.

Please print out these terms and conditions and keep them safe with any relevant contractual agreement(s) and receipt(s).

These terms, conditions and agreements may change from time to time. When a change is made, customers with a registered email addresses shall be notified within 14 days. Changes to the terms, conditions and agreements will be published on the front landing page of this website for approximately 14 days.