Terms & Conditions

I am pleased to provide these terms and conditions for your peace of mind.

Delivery Policy

When a purchase is made from Xpect Photography’s website you will be kept up to date about the expected delivery times. Straight forward Re-Prints are usually delivered within a week. Other products such as Framed prints or Canvases take longer as they take more time to create. Delivery time therefore may vary depending on the type of product. Re-Prints may be delayed if they are part of a larger order containing other products such as Framed prints that are still to arrive. You will be advised if this is the case. Maximum delivery times for all products will generally be within 2-4 weeks. The postage and packaging price will vary pending delivery destination and will be added on to the final purchase price before the checkout.

Wedding albums can take up to three months from receipt of the clients instruction to print the album after reviewing the proof. Xpect Photography will cover the cost of delivery from the album company to it’s premises. Customers will be invited to collect their album from Xpect Photography.

Deliveries are made by hand if local or by Royal Mail or Parcel Force.

WEBSITE: PRIVACY & DATA USE:

Xpect Photography’s privacy policy is that we do not hold any personal data nor do we share data with third parties. To read up more about your rights under The Data Protection laws, which Xpect Photography complies with please go to:
http://www.ico.gov.uk/for_organisations/data_protection/the_guide.aspx.

We do not take over the phone payments. Payments can be paid directly in person by Credit or Debit Card using Xpect Photography Izettle Chip and Pin payment terminal. therefore Xpect Photography does not store financial details.

Terms & conditions:

We are entitled to adjust the price of products which may occur for example as a result of a change of suppliers, a general review of pricing, special promotional offers or pending new taxes or duties.

Current Wedding, Portrait and Product prices can be obtained by applying using the ‘Contact’ link above. You can also e mail me at mark@xpectphotography.com or you can telephone me on 07840 947517.

Returns, Refunds, Cancellations and Exchanges.

If you are not 100% satisfied with the item(s) you have ordered then we will give you a full refund provided that you return them to us within 14 days of receipt and in an undamaged and in what could be considered a re-saleable condition.

Xpect Photography reserve the right to refuse a refund for items returned that are not in an appropriate or re-saleable condition.

If an incorrect item has been sent to you, damaged or of unsatisfactory quality, please send the item back to us by registered post. Any unnecessary postage expense incurred by you will be refunded. It may take up to five working days to credit the purchaser’s account.

We will only refund the price of the item to the purchaser once it is received by us. Following receipt by Xpect Photography, it may take up to five working days to credit the purchaser’s account.

Return Address.

Xpect Photography
75 Beaumaris Way
Grove Park
Blackwood
NP12 1DF

Cancellation: Where you wish to cancel a booked portrait session or other commercial booking. The Client may cancel this contract at any time by giving written notice to The Photographer/s but in doing so shall forfeit any monies paid. Cancellation less than 2 days before the booking date will result in the payment in full being due.

Weddings – Photography

Xpect Photography Wedding Terms And Conditions

It is agreed that the following terms set out the total agreement made between the parties and that no variation or modification of this contract shall be effective unless provided by either party in writing.

Retainer;
The Retainer of 25% or a minimum of £200 secures the time and services of the Photographer for the wedding and is non-refundable or transferable in the event of cancellation, it being the agreed loss suffered by the photographer due to cancellation. Cancellation made by the client less than 12 weeks before the wedding will entail the payment to be made in full. All cancellations must be in writing, either letter or e-mail. Weddings that are postponed to a later date will retain the fee as long as the photographer can re-schedule for the new date and time. Payment is for the attendance of a single photographer and the attendance of a second photographer is a complimentary addition only.

Payments
Following payment of the retainer, balance of fees due is to be paid at least 30 days prior to the wedding. No photographs will be delivered until all payments due have been paid in full. Payment for additional images is to be made when they are ordered.

Display
The Photographer/s may display any photographs included in this contract in his/her studio, web site, portfolio, literature, display areas, exhibitions, competitions, advertising or slide shows.

Images
All image sizes are nominal. The Photographer/s will provide a pleasing colour balance but cannot guarantee exact colour matching owing to anomalous reflectance caused by a combination of certain dyes and materials especially man-made fibers. It is sometimes impossible to record on film or digitally the exact colour as seen by the human eye. A license to print images purchased with digital files does not permit the alteration of the images in any way by the purchaser. The images will be post processed by the photographer and the photographers judgment on the final appearance of the images will be deemed to be correct and final. Requests for alternative post processing can be requested. This will be done at the discretion of the photographer and may incur a further charge.

Products
Where the agreement includes products such as albums, prints etc then the client must produce their choices to the photographer at the agreed time or at the very latest within 6 months of receiving the digital files or proofs. Failure to do so may result in those products being forfeit. For albums the photographer reserves the right to select images and create the album should the client fail to provide their selection of images within the 6 months from receiving the digital files or proofs.

The Client(s) may upgrade or degrade the package at any time. No additional charges apply and written consent is required. The Client(s) have to pay the difference between the amount already paid and new amount due. Any differences cannot be refunded when degrading the package.

Although all equipment is checked regularly and reasonable steps are taken to ensure backup equipment is available, the photographer(s) will not be responsible for photographs that are not produced due to technical failure, either at the shooting or processing stage.

Retouching
Some minor retouching and blemish removal will be applied as part of the normal work flow and post processing at the discretion of the photographer. Significant Retouching, digital manipulation and artist finishing is available to the Client as an optional extra.

Liability for Clients Personal Effects / Belongings / Duty of Care
a) It is the client’s responsibility to take care of and look after his or her own personal effects and belongings. The Photographer/s does not accept liability for items left with The Photographer/s for any reason. Any items left with The Photographer/s are left entirely at your own risk. The Photographer does not accept any consequential loss for items left with the Photographer.

b) The Client accept that NO duty of care exists with regards to any items left on a temporary basis with the photographer/s unless a full written inventory is provided, with costs and full descriptions of items, and is agreed between the Photographer/s and the clients in writing beforehand.

c) The photographer/s may suggest suitable and reasonable particular set ups for photographs to the clients and it is assumed the client accepts liability (including with respect to the client’s own Health & Safety) for those photographs should the client agree to the photographers request.

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/s in writing.

License
The Photographer/s shall be granted artistic license in relation to the poses photographed and the locations used. The Photographers judgment regarding the locations/poses and number of images taken shall be deemed correct. Due to the vagaries of the weather and the willingness and/or availability of subjects it may not be possible to capture all the images requested.

Lists
Due to the dynamic nature of weddings the photographer cannot accept pre written lists of photographs. The photographer will discuss requirements during the pre wedding meeting.

Force majeure or Act of God
The due performance of this contract is subject to alteration or cancellation by either party owing to any cause beyond their control.

Attendance
In the unlikely event of the assigned Photographer being unable to attend your wedding due to unforeseen circumstances, we reserve the right to appoint another photographer to attend your wedding on our behalf to undertake the wedding photography to his/her best ability. If you do not wish to have that other photographer attend, then Xpect Photography will be deemed to have met their commitment and all fees will be due.

It is the clients responsibility to notify the photographer/s of any changes in personal circumstances such as change or address.

The agreement entered into is based on the circumstances and details of the wedding as explained to the photographer at the time of the booking and listed above. Any change in the clients wedding day plans, for example change of venue for ceremony or reception must be notified to the photographer immediately. Any significant changes that impact on the original quotation may result in the photographer providing a revised quotation to meet the change in circumstances and any extra costs that may be incurred by the photographer. Should the changes make it impracticable for the photographer to provide photographic services then the photographer reserves the right to cancel the booking. Any fees paid in these circumstances are not refundable. Such changes made and notified less than 12 weeks prior to the wedding day resulting in the photographer having to cancel the booking will result in the full amount of the original booking being due.

Limitation of Liability
In the unlikely event of a total photographic failure or cancellation of this contract by either party or in any other circumstance the liability of one party to the other shall be limited to the total value of the contract. Neither party shall be liable for indirect or consequential loss.

Governing Law:
a) Any contract made between the photographer(s) and the client(s) shall in all respects be governed by and construed in accordance with British Law and the parties hereto submit to jurisdiction of the British courts.

b) You agree to the Terms & Conditions of this contract once your retainer has been paid.

Insurance:
The Client(s) are hereby advised to take out an insurance policy to cover any expenses in the event of cancellation or other situation arising.

On the day
The photographer is the only authorized photographer for the day. Other professional photographers are not permitted whether official or otherwise, working for pay or otherwise (e.g. separately employed by parents, contracted by magazines or newspapers), unless agreed in writing before the day. Breach of this condition shall be deemed cancellation of the contract by the clients.
The photographer is contracted to shoot all photographs relating to the event and no other person is permitted to shoot images for sale or as gifts unless agreed in writing before the day. This includes guests (except for their own personal non-commercial use) and other wedding vendors e.g. a videographer may not shoot stills other than a small quantity to illustrate the video packaging. If a videographer has been appointed by the Clients, priority shall be granted to the Photographer’s wishes in respect to the location of photography and filming equipment, access to subjects, poses etc. Breach of this condition shall be deemed cancellation of the contract by the clients.

An inconsiderate / paparzzi guest can wreck the photographic record of your special day. Coverage may be cancelled without warning at the discretion of the photographer if the photographer feels threatened or has reason to believe that equipment may be damaged or stolen.

Guests are welcome to photograph candid shots at the wedding but there should be no need for a guest to photograph every photo or a significant proportion of the shots set up by the official photographer. Where there is evidence of this happening beyond what would normally be expected of a guest taking a few candid shots of the day the client will be asked to request that the guest cease from their photography.
This is required to prevent;
• The activities of the guest having an adverse affect on the ability of the official photographer to carry out their work freely and unencumbered.
• The guest obstructing, getting in the photographers way or delaying the official photographer.
• The artistic work of the official photographer being utilized by others for their own potential gain, or
• making a large selection of images from the day available to others before the official photographer has presented the official images to the client,
• Advertising or in any way undermining the work of the official photographer.

Breach of this condition shall be deemed to be a breach of the contract by the clients.

For a booking involving a church ceremony or at certain venues, the photographer(s) movements are sometimes restricted by the official in charge. The area from which the photographer(s) is able to cover the ceremony may not be the photographer(s) choice and the photographer(s) cannot accept responsibility for any obstructed view should this be the case. The use of artificial lighting (flash) may be restricted or prohibited. The photographing of parts or even all of the ceremony may be restricted or prohibited. The presence of Videographers at Weddings can also result in primary locations desired by the photographer being occupied by the Videographer or their equipment and the photographer cannot accept responsibility for any loss of photographic coverage as a result.

Cancellation
The Client and photographer may cancel this contract at any time by giving written notice to The other party. In doing so the client shall forfeit any monies paid. Cancellation less than 12 weeks before the wedding by the client will result in the remaining balance being due. Cancellation by the photographer will result in the retainer and any other monies paid to the photographer being refunded to the client.

Digital Files
Digital files remain the property of The Photographer. The edited jpg Copies will be kept by the photographer for not less than 12 months after the wedding date.

Artistic Style
The Client acknowledges that they are familiar with the photographer’s portfolio and are requesting services with knowledge of the photographer’s style; that work is constantly evolving; that photographers services are of unique and artistic nature; that the photos may be different from photographs taken by the photographer in the past; and that in creating the photos the photographer shall use his personal artistic judgment to create images consistent with his personal vision of the event. Which vision may be different from the clients and the subjects vision of the event. Accordingly the client acknowledges that the photos shall not be subject to rejection on the basis of taste or esthetic criteria.

Complaints
Any complaints should first be raised by the Client with the Photographer/s in writing within 21 days from the date of receipt of images or any other products. The photographer reserves the right to amend, vary or cancel these Terms and Conditions at any time. If your Terms and Conditions change then you will be notified with a copy of the new Terms and Conditions.

Any Booking fee required for any service secures the time and services of the Photographer for the actual booking and is non-refundable or transferable in the event of cancellation, it being the agreed loss suffered by the photographer due to cancellation.

We value all of our customers, past, present and future. We will always do our best to ensure that you are completely satisfied both with our service, and our products.

Weddings – Videography

In the following terms & conditions “the videographer” shall mean Mark Martin trading as Xpect Photography and Video. “The client(s)” shall be those persons defined as the wedding couple listed on this wedding agreement. “The goods/services” shall be the collective term for the attendance and filming of the wedding event and subsequent provision of edited film/s”

It is agreed that the terms set out the total agreement made between the parties and that no variation or modification of this contract shall be effective unless provided by either party in writing.

Retainer;
The Retainer of 25% or a minimum of £100 secures the time and services of the Videographer for the wedding and is non-refundable or transferable in the event of cancellation, it being the agreed loss suffered by the Videographer due to cancellation. Cancellation made by the client less than 12 weeks before the wedding will entail the payment to be made in full. All cancellations must be in writing, either letter or e-mail. Weddings that are postponed to a later date will retain the fee as long as the Videographer can re-schedule for the new date and time. Payment is for the attendance of a single Videographer and the attendance of any second Videographer is a complimentary.

Payments
Following payment of the retainer, balance of fees due is to be paid at least 30 days prior to the wedding. No products will be delivered until all payments due have been paid in full. Payment for additional products is to be made when they are ordered.

Display
The Videographer may display any recorded material included in this contract in his/her studio, web site, social media, portfolio, literature, display areas, exhibitions, competitions, advertising or slide shows.

Editing and Post Production
All editing and post production will be carried out to the videographer’s discretion and using the videographer’s style. Pleasing colour balance and luminance will be provided but due to greatly varying lighting conditions, this cannot be guaranteed. The videographer will retouch, digitally manipulate and finish the videos according to his/her own discretion. Any re-touching, digital manipulation, finishing, or alterations to the editing which is requested by the client(s) may be subject to an extra charge at the discretion of the videographer.

Media / Music
The Videographer will provide licensed media and music to accompany the finished product. If the client wishes to suggest other music be used then if agreed by the Videographer the client must provide the media to the Videographer prior to the wedding and obtain all copyright and licenses as would be required to use the media.

The Client(s) may upgrade or degrade the package at any time. No additional admin charges apply and written consent is required. The Client(s) have to pay the difference between the amount already paid and new amount due. Any differences cannot be refunded when degrading the package.

Although all equipment is checked regularly and reasonable steps are taken to ensure backup equipment is available, the Videographer(s) will not be responsible for any footage that is not produced due to technical failure, either at the shooting or processing stage.

Liability for Clients Personal Effects / Belongings / Duty of Care
a) It is the client’s responsibility to take care of and look after his or her own personal effects and belongings. The Videographer/s does not accept liability for items left with The Videographer/s for any reason. Any items left with The Videographer/s are left entirely at your own risk. The Videographer does not accept any consequential loss for items left with the Videographer.

b) The Client accept that NO duty of care exists with regards to any items left on a temporary basis with the Videographer/s unless a full written inventory is provided, with costs and full descriptions of items, and is agreed between the Videographer/s and the clients in writing beforehand.

c) The Videographer/s may suggest suitable and reasonable particular set ups for filming to the clients and it is assumed the client accepts liability (including with respect to the client’s own Health & Safety) should the client agree to the Videographers request.

Copyright
Any media or copies of media created by the Videographer as part of this contract whether stored digitally or otherwise and any computer program including any source or object code, computer files or printed documentation relating to such media 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 any media created as part of this contract without the permission of The Videographers/s in writing.

License
The Videographers/s shall be granted artistic license in relation to the poses and the locations used. The Videographers judgment regarding the locations/poses and style of film recorded shall be deemed correct. Due to the vagaries of the weather and the willingness and/or availability of subjects it may not be possible to capture all the scenes, persons or footage requested.

Lists
Due to the dynamic nature of weddings and the documentary filming style of the Videographer, pre written lists of required footage cannot be accepted. The Videographer will discuss clients requirements during the pre wedding meeting/discussion.

Force majeure or Act of God
The due performance of this contract is subject to alteration or cancellation by either party owing to any cause beyond their control.

Attendance
In the unlikely event of the assigned Videographer being unable to attend your wedding due to unforeseen circumstances, we reserve the right to appoint another Videographer to attend your wedding on our behalf to undertake the wedding Videography to his/her best ability. If you do not wish to have that other Videographer attend, then Xpect Photography and Video will be deemed to have met their commitment and all fees will be due.

It is the clients responsibility to notify the Videographers of any changes in personal circumstances such as change or address.

The agreement entered into is based on the circumstances and details of the wedding as explained to the Videographer at the time of the booking and listed above. Any change in the clients wedding day plans, for example change of venue for ceremony or reception must be notified to the Videographer immediately. Any significant changes that impact on the original quotation may result in the Videographer providing a revised quotation to meet the change in circumstances and any extra costs that may be incurred by the Videographer. Should the changes make it impracticable for the Videographer to provide Videography services then the Videographer reserves the right to cancel the booking. Any fees paid in these circumstances are not refundable. Such changes made and notified less than 12 weeks prior to the wedding day resulting in the Videographer having to cancel the booking will result in the full amount of the original booking being due.

Limitation of Liability
In the unlikely event of a total Videography failure or cancellation of this contract by either party or in any other circumstance the liability of one party to the other shall be limited to the total value of the contract. Neither party shall be liable for indirect or consequential loss.

Governing Law:
a) Any contract made between the photographer(s) and the client(s) shall in all respects be governed by and construed in accordance with British Law and the parties hereto submit to jurisdiction of the British courts.

b) You agree to the Terms & Conditions of this contract once your retainer has been paid.

Insurance:
The Client(s) are hereby advised to take out an insurance policy to cover any expenses in the event of cancellation or other situation arising.

On the day
The Videographer is the only authorized Videographers for the day. Other professional Videographers are not permitted whether official or otherwise, working for pay or otherwise (e.g. separately employed by parents, contracted by magazines or newspapers), unless agreed in writing before the day. Breach of this condition shall be deemed cancellation of the contract by the clients.

When the first dance is included in the wedding package, the latest the Videographer will work to on the wedding day is 8.30 pm unless previously arranged to be later and agreed in writing. The first dance should be completed prior to, or at 8 pm. The Videographer will abide by all rules of the facility and/or directions of the staff/facility coordinator with regard to video set-up and will not be held responsible for absence of certain shots due to such rules and/or directions, or due to interference by wedding guests or vendors, including the photographer. Client acknowledges that Videography requires reasonable lighting and that production may be compromised due to low or poor light levels.

An inconsiderate guest can wreck the video record of your special day. Coverage may be cancelled without warning at the discretion of the Videographer if the Videographer feels threatened or has reason to believe that equipment may be damaged or stolen.

It is the responsibility of the client to inform immediate family and the minister/officials conducting the service, that a professional videographer would be filming on the day. For a booking involving a church ceremony or at certain venues, the Videographer(s) movements are sometimes restricted by the official in charge. The area from which the Videographer(s) is able to cover the ceremony may not be the Videographer(s) choice and the Videographer(s) cannot accept responsibility for any obstructed view should this be the case. The use of artificial lighting may be restricted or prohibited. The recording of parts or even all of the ceremony may be restricted or prohibited. The presence of Photographers and other vendors at Weddings can also result in primary locations desired by the Videographer being occupied and the Videographer cannot accept responsibility for any loss of coverage as a result.

Cancellation
The Client and Videographer may cancel this contract at any time by giving written notice to The other party. In doing so the client shall forfeit any monies paid. Cancellation less than 12 weeks before the wedding by the client will result in the remaining balance being due. Cancellation by the Videographer will result in the retainer and any other monies paid to the Videographer being refunded to the client in full.

Digital Files/media
Digital files and media remain the property of The Videographer. The edited final film will be kept by the photographer for not less than 12 months after the wedding date. RAW footage remains the property of Videographer. RAW footage and files will be kept for 2 Weeks after delivery of the edited final film. RAW unedited footage is available to the client at the Videographers discretion only and is subject to an extra charge. If the client wishes to obtain the RAW footage they must inform the Videographer in writing within 7 days of receipt of the final edited product.

Artistic Style
The Client acknowledges that they are familiar with the Videographer’s portfolio and are requesting services with knowledge of the Videographer’s style; that work is constantly evolving; that Videographers services are of unique and artistic nature; that the video may be different from video taken by the Videographer in the past; and that in creating the video the Videographer shall use his personal artistic judgment to create video consistent with his personal vision of the event. Which vision may be different from the clients and the subjects vision of the event. Accordingly the client acknowledges that the video shall not be subject to rejection on the basis of taste or esthetic criteria.

Complaints
Any complaints should be raised by the Client with the Videographer/s in writing within 21 days from the date of receipt of final edited copy or any other products. The Videographer reserves the right to amend, vary or cancel these Terms and Conditions at any time. If your Terms and Conditions change then you will be notified with a copy of the new Terms and Conditions.