Use of Website & Acceptance of Terms
Access to and use of this Website is subject exclusively to these Terms & Conditions. You may not use the Website for any purpose that is unlawful or prohibited by these Terms & Conditions. By using the Website you are fully accepting the terms, conditions and disclaimers contained in this notice. If you do not accept these Terms & Conditions you must immediately stop using the Website.
Copyright
All the images on this website are the copyright of Simon J. Newbury Photography. They may not be used, copied or reproduced in any way without prior written consent. The Copyright, Design and Patents Act, 1988 assigns the copyright of photographs to The Photographer(s). It is therefore contrary to the Act, and illegal, to copy photographs, or allow to be copied, by any means photographic or otherwise, by any person or machine other than by The Photographer(s) or their appointed agents.
Simon J. Newbury Photography own and retain the copyright to all the images we make, unless a full release is negotiated at the time of booking.
The images of Simon J. Newbury Photography are protected by law and by purchasing the image as a print or digital file you are purchasing the right to the photo, not the copyright and therefore have no rights to reproduce the photo in or on any medium unless a licence is agreed and provided. This includes (but is not restricted to) scanning, copying, republishing, advertising, uploading, transmitting or displaying the image. Should you wish to make any re-use of the image in any way then prior written permission must be obtained from Simon J. Newbury Photography.
No addition to, deletion from or alteration to or adaptation of a picture may be made without the written permission of Simon J. Newbury Photography.
Indemnity
The client shall be responsible for obtaining clearances in respect of third party copyright works, trade marks, designs or other intellectual property and will indemnify the Photographer against all expenses, damages, claims and legal costs arising out of any failure to obtain such clearances.
Licence To Use
Images/ prints are supplied subject to the ‘Licence To Use’ contract. This licence stipulates the permitted use of the images within the contract. The Client licence clearly indicates any
restrictions on the use of images (agreed use), the territories of use and any timescale for use. Any further or extended use is subject to further fees, payable prior to use in accordance with the Payments conditions contained within these Terms & Conditions.
Cropping
Many printed images have to be cropped as our camera’s native ratio is 3:2. An 8×6 (3:4 ratio) print will lose 1 inch from the edges, and a 10×8 (5:4 ratio) would lose 2 inches from the side for example. We therefore shoot with this in mind, and prints will be cropped as we feel is the best. Should you request a specific crop then please be aware that we will crop to that request meaning other parts of the image may be lost in order to accommodate this. Where a specific request has been made then these can’t be returned. If we feel that the request will detract from the image then we will contact the Client direct. If you wish us to supply a print proof prior to printing then a fee of £5 will be payable.
If you are planning on having prints framed then we must be informed in advance if a large mounting bleed is required. Most mounts have a 1mm overlap on all sides. For mounts with a larger overlap please inform us in advance to avoid excessive cropping at the framing stage. We would recommend contacting your framing company prior to the print order to find out how much of the image will be lost in mounting so images can be edited accordingly where possible.
Payments
Wedding Clients – a non-refundable booking fee of 10% (paid by cash or cheque) along with a completed contract will confirm your booking. Payment for the photographic coverage and album is payable in full four weeks prior to the contracted date. All additional goods are payable on ordering.
Other Clients – all photographic fees are payable in full on or before the date of the shoot. All additional goods are payable on ordering
Title to all goods remains the property of Simon J. Newbury Photography until paid for in full by The Client.
If photography is uncharged subject to the purchase of a package or minimum spend then that minimum payment must be made. If not a charge may be made for photographic services and expenses.
Invoices are payable within 30 days of issue. If the invoice is not paid, in full, within 30 days Simon J. Newbury Photography reserves the right to charge interest at the rate prescribed by the Late Payment of Commercial Debt (Interest) Act 1998 from the date payment was due until the date payment is made.
A fee of £10 will be made for each account reminder, duplicate invoice, or any other paperwork, correspondence or phone calls involved with the pursual of a debt. This fee is non-refundable, and represents the additional time spent pursuing overdue invoices.
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 which may be given for prior use will automatically be revoked if full payment is not made by the due date.
Images or Data Supplied in Electronic (Digital) Format
For all images/data supplied to the Client in electronic format (including but not limited to electronic mail, CDs/DVDs etc), we will endeavour to ensure that the data sent is not corrupt and is virus-free before dispatch. Simon J. Newbury Photography cannot be held responsible for any damage, disruption and/or loss of any kind that the said media may cause to the Clients computer or data. The Client agrees to take similar steps to ensure that data sent to Simon J. Newbury Photography is not corrupt and/or is virus-free.
Due to the nature of this delivery method no refunds can be given for images supplied in a digital format.
Client Area
Our client area is designed to maximise the client experience in selecting your photographs after the shoot. Your review images should be available between 24 to 48 hours after the completion of the shoot. During peak times this time may be extended. Wedding proofs may take up to two weeks to be accessible.
All persons wishing to access images within the client area are required to create an account. This is an automated process requiring a valid email address. You will be required to create your own password. This is both for security purposes and to enable various features within the gallery. Your details will not be passed on to any third party and will be used solely with connection to your order with Simon J. Newbury Photography. (Please refer to Client Confidentiality).
Once an account has been set up, your gallery will be accessible by using your Access Code. Images will display as proof review images (unedited at this stage unless indicated). Clients are able to save favourites, view the images in black and white, view an indication of any cropping that will occur with certain print and canvas sizes, view images side by side to assist selection and order direct from the website.
Once an order is placed all of the images selected will be edited to a professional standard to your requirements. Should you wish friends and family to view the gallery a button exists to ‘invite family & friends’. This will send the relevant web address and the access code to anyone you input the details for.
If you have previously made a payment towards any products we will send you a code to use to when placing your order to reflect such a payment.
Placing an Order and Receipt of Goods
Any alterations to orders must be notified either by telephone or in writing (sent by special delivery) within one working day of the order being placed. Simon J. Newbury Photography will not be held liable for any costs incurred due to alterations to the order made by The Client after this time.
All wedding orders will take approximately eight to ten weeks to complete.
All other orders will take approximately four to six weeks. The Client will be informed by either telephone or in writing once the order is ready and available for collection. Simon J. Newbury Photography are able to store completed orders for a maximum of two months and after this time any orders not collected may be destroyed.
Simon J. Newbury Photography must be notified either by telephone or in writing (sent by special delivery) within two working days of The Client being in receipt of their order in the case of error, shortage or damage as mistakes cannot be rectified after this period.
Due to the nature of the product Simon J. Newbury Photography are unable to give exchanges or refunds. This does not affect your statutory rights.
Dropbox
We sometimes use Dropbox for digital transfer of your photographs. Dropbox is an external site which we use for the transfer of large files. We will either share a folder with you or send you a link to access your photographs. They will be full resolution and can be saved directly from the folder. Dropbox is a transfer folder so please be sure to save the images from Dropbox to your system and we strongly suggest you make backups of your images.
Please note that the Dropbox folder is only a temporary transfer folder. It is not a backup folder or a permanent folder. The Dropbox folder will be removed at any point without notice after 14 days.
Display, Exhibition and Promotion
Clients allow Simon J. Newbury Photography to display and/ or exhibit any photograph and to generally promote the business in advertising, flyers, brochures, exhibition, video slideshow, magazine articles and other such material, providing that the images used are used lawfully and without damage to the client.
Images will only be used to promote Simon J. Newbury Photography and will not be used or sold to any other company unless a full model release has been granted by The Client (or relevant parent/ guardian or authorised agent) (Such releases will be part of the agreement for shoots designed for third party use or stock photography and will be clearly indicated prior to shooting). All other photography will be used solely for the promotion of Simon J. Newbury Photography. No notice need be (or will be) served for any such usage of images. No fee will be payable for any such promotional usage.
Negatives or digital files
Negatives and digital files shall remain the property of Simon J. Newbury Photography and shall be kept by them for not less than 12 months from the contract date.
Should negatives or digital files be lost, damaged or destroyed for reasons beyond the control of Simon J. Newbury Photography liability shall be limited to a full refund of any deposits and fees paid, but shall not include a refund for any goods already received.
All orders should be placed with Simon J. Newbury Photography before the end of the 12 month period starting at the contract date. Simon J. Newbury Photography will not be liable for failure to produce any orders placed after this time.
Image Reproduction
Owing to photochromatic anomalies caused by a combination of certain dyes and materials, especially in man-made fibres, it is sometimes impossible to record on camera the exact colour of materials as perceived by the human eye. When processing images we will endeavour to achieve a pleasing overall colour balance based on natural flesh tones.
It is understood that some colours may not remain consistent throughout a set of photographs owing to variations in lighting conditions. It is also understood that all photographic printing is undertaken within the technical limitations of the process and that colour may not be identical over the whole range within a subject. The colour balance of prints made at different times or in varying sizes may also be variable.
Due to the limitations of computer monitors it is understood that images may appear differently according to the specification of each monitor and that prints will not match images rendered on any particular computer monitor.
Where images are made available for use on a DVD player reasonable steps are taken to ensure compatibility, but DVD discs may not play on all DVD players, particularly older models.
We use only quality branded CDs and DVDs, ensuring each is checked before dispatch, but it remains the responsibility of the clients to check discs for in-transit damage. We cannot be held responsible for damage to equipment resulting from defective media.
All print and presentation sizes quoted are approximate and subject to the discretion of the photographers.
Client Confidentiality
Simon J. Newbury Photography will keep confidential and will not disclose to any third parties or make use of material or information communicated to us in confidence for the purposes of the photography, save as may be reasonably necessary to enable the us to carry out our obligations in relation to the commission.
Images placed in password protected galleries within the website are not available to the general public in the normal course of events. However it may not always be possible to prevent determined persons from accessing these galleries.
Rejection
There is no right to reject the Photographs on the basis of style or composition nor to reject the Photographs on the basis of any alleged discrepancy between the colours of the photographic image and the actual colours of the subject matter of the Photographs if any such discrepancy arises by virtue of technical deficiencies in the film or digital processes. All digital files supplied are for visual guidance only. It is the Clients responsibility to prepare and if necessary modify any digitally supplied Photographs to an acceptably suitable standard of colour accuracy and image quality, to which they will subsequently faithfully and accurately record when printed or used in any form of electronic presentation. Simon J. Newbury Photography shall not in any circumstances be liable to the Client for any loss, whether direct or indirect, or for loss of profit, occasioned by the failure of any digital Photographs supplied to reproduce acceptably.
Cookies
We use cookies and similar tools across our website to improve its performance and enhance your user experience.
By using the Simon J. Newbury Photography website, you are consenting to our use of cookies in accordance with this Cookie Policy. If you do not agree to our use of cookies in this way, you should set your browser settings accordingly or not use the website. If you disable the cookies that the site uses, this may impact your user experience.
What are cookies?
Cookies are small text files which a website may put on your computer or mobile device when you first visit a site or page. The cookie will help the website, or another website, to recognise your device the next time you visit. Web beacons or other similar files can also do the same thing. We use the term “cookies” in this policy to refer to all files that collect information in this way.
There are many functions cookies serve. For example, they can help the site to remember your login credentials for the client area. Most cookies won’t collect information that identifies you, and will instead collect more general information such as how users arrive at and use our website, or a user’s general location.Cookies may also be used to help speed up your future activities and experience on our sites.
Right to a Credit
Unless expressly approved by contract or licence, Simon J. Newbury Photography reserves the right to be credited in full as ‘Simon J. Newbury Photography’ where “Right To Credit” is indicated in any agreement or if an image is supplied directly or indirectly to any publication. Any image supplied to publications should be with consent of Simon J. Newbury Photography and duly credited unless a credit waiver has been agreed in writing. In absence of such an agreement, publication without due credit and/or payment is liable to be chargeable at a fee not less than £50 per image published. Such un-credited publication is breach of the copyright of Simon J. Newbury Photography as covered by The Copyright, Design and Patents Act, 1988. The Photographer asserts his statutory right to be identified as the author of the Photographs in the circumstances set out in sections 77-79 of the Copyright, Design and Patents Act 1998 or any amendment or re-enactment thereof and the right to claim a publication fee.
External Site Links
Any links on this site do not represent an endorsement of the site or product referenced by the link. The following of any link is at the risk of the user and Simon J. Newbury Photography accepts no liability for the content of third party sites.
Changes
Simon J. Newbury Photography reserves the right to change or amend (or remove) any items or photographs on this website or Terms & Conditions contained in these notes, without notice.
Applicable Law
Terms & Conditions and agreements or contracts shall be governed by the laws of England and Wales.