Terms & Conditions
Paulnimmo.co.uk is a portfolio website by Paul Nimmo, trading as PN Design. All references under these terms will be referred to as PN Design.
These terms & conditions are correct as of 22/02/2020
Definitions | General Terms | Payment | Proofing | Delivery | Copyright
- This agreement will remain in effect for the duration that PN Design makes such Services available, in reference to these terms. PN Design retains the right for any Service to be discontinued, temporarily removed or amended at any time. Under no circumstances shall PN Design be held liable for any inconvenience this may cause or reliance on such Services. Clients using any Service will be informed of any changes, in writing, at least 30 days prior to such Service being discontinued.
- Any modifications or amendments to these terms & conditions will only be valid if the amendments have been agreed and accepted in writing by PN Design. No other exceptions in regards to amending these terms & conditions will be permitted.
- Quotations submitted by PN Design shall remain available for purchase for a period of 21 (twenty one) days from the Quotation date, unless in the Quotation specifies otherwise. After 21 days the Quotation will no longer be valid.
- This Agreement shall be governed by and implemented in accordance with Scottish law and shall be subject to the jurisdiction of the Scottish Courts.
The Contract will be terminated if the Client is found to have breached any of these terms & conditions.
- All files and photographs created by and supplied to PN Design are stringently backed up onto duplicate storage disks, a network attached storage server and an offline master server ensuring that there is always 4 back ups of every file at any one time, protected using a combination of RAID architectures.
- These files are also protected by a UPS back up generator to ensure that there is no risk of data loss during power outages. In the extremely unlikely event that all systems simultaneously malfunction and the Client’s files are lost, the Client agrees that all possible measures were in place and PN Design is not liable for the loss of any files, resulting from this extreme occurrence.
- PN Design reserves the right to use the services of sub-contractors, agents and suppliers and any work, content, services and usage is bound by their terms and conditions. PN Design will not knowingly perform any actions to contravene these and the Client also agrees to be so bound.
- A person who is not written into this agreement shall have no right under the Contracts Act 1999 (Rights of Third Parties) to enforce any term or condition of this agreement. This clause does not affect any right or remedy of any person which exists or is available otherwise than pursuant to that Act.
- UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER TORT, (INCLUDING,
WITHOUT LIMITATION, NEGLIGENCE OR STRICT LIABILITY) CONTRACT, OR OTHERWISE, SHALL PN DESIGN BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES IN EXCESS OF THE AMOUNT PN DESIGN RECEIVED IN PAYMENT FOR THE SERVICE(S), EVEN IF PN DESIGN SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY.
- THE USAGE OF SERVICES IMPLIES ACCEPTANCE OF THESE TERMS & CONDITIONS.
- Services published on PN Design’s pricing sheets or website will remain the price payable for the Services at the date of purchase. The Service price on a Quotation will remain the price payable within the time scale of 21 days from the date the quotation was issued, as stated above.
- At the time of agreeing and signing the respective Contract for wedding photography, the Client must pay PN Design a non-refundable deposit of 25% of the value stated in the Contract as a deposit. Clients will not be asked to pay a deposit on any other Services unless the work involved is agreed to be of such nature that a deposit is necessary for the completion of the work.
- The invoice for the remaining cost of the work shall be issued a maximum of 30 days prior to the wedding date.
- The Client shall make all payments due to PN Design within 30 days of the invoice being issued, unless agreed otherwise, in writing, by PN Design and the Client. Payment can be made by cheque, cash, direct debit or by electronic transfer directly to PN Design’s bank account in GBP (£) only.
- Failure to settle the full amount of any invoices within the 30 day or otherwise agreed period may incur interest charges from the date the invoice was due until the date that the invoice has been paid in full. Further charges will apply for any costs that have been incurred in seeking to recover a late payment from a Client. Including legal fees and any other expenses incurred by PN Design to recover such late payments.
- Additional charges may incur from such sources as stock images, print costs, photo album costs, revisions and adding additional services which are not stated in the quotation. These charges will always be made known to the Client before their purchase is made, allowing the Client to negotiate, and the amounts will be collated and invoiced when the project is complete.
- Payment for work that has been partly completed and cancelled by the Client will result in the work up to the cancellation date being accountable for payment plus the deposit, where a deposit was required, is non-refundable. This applies to work that has been completed and its final intention is now no longer required, for example printing and publishing online.
- The Client acknowledges and agrees that PN Design shall produce the design / photography job based on the information and brief that has been provided by the Client.
- The Client will always be fully responsible to review and approve all final print, and photography/video work including, without limitation, the accuracy of spelling names, addresses, email addresses, telephone numbers, prices and document sizing at the time of the completion of the respective jobs by PN Design to the Client when sent for approval from the Client.
- Any inaccuracies which may occur on the Client’s design and photography work directly resulting from the Client failing to properly check the proof when approving the work, will be immediately amended, if possible, by PN Design with no compensation or any claims of damages to PN Design whatsoever.
- PN Design will do the utmost to complete the services agreed on in the Client’s contract promptly and with quality in relation to the service agreed on.
- In the occurrence of any delays over the specifically agreed upon time scale on the contract, signed by both parties where delivery time was an express concern for the Client and the delay occurs without prior notice from PN Design, PN Design will not be liable under any circumstances if the delay has been caused by any other factor not resulting from gross negligence of PN Design. The Client agrees that liability will extend only up to a maximum of the full amount of the job cost written in the Contract.
- The Client unconditionally guarantees that any elements of text, images or other content supplied to PN Design for usage in their website/graphic design project are fully owned by the Client, or that the Client has acquired full permission from the rightful owner for such content to be printed, distributed or published online and permission for the free usage each of these elements in pursuit of design.
- The Client shall hold harmless and indemnify PN Design and keep PN Design indemnified from and against any and all actions, costs (including, without limitation, the cost of defending any legal proceedings), claims, proceedings, accounts and damages in respect of any infringement or alleged infringement by a third party of any patent, registered design, unregistered design, design right, copyright, trade mark or other industrial or intellectual property rights resulting from compliance by PN Design with the Client’s instructions, whether express or implied.
- All design files, video and photographs created by PN Design for any project shall remain the intellectual property of PN Design at all times throughout the world.
- PN Design shall be allowed to use, reproduce, display, exhibit and distribute any file, element or photograph from the Clients project unless specifically agreed to do otherwise.
- In addition, PN Design shall be free to use any ideas, concepts, knowledge or techniques acquired in the creation of any video/photography project for any purpose whatsoever.
Photo/Video Specific Terms
- Photography/video services by PN Design will be carried out to the utmost degree of quality, utilising professional quality equipment selected especially for the video/photography occasion.
- The Client must satisfy themselves that all necessary rights, model releases or consents which may be required for reproduction, are obtained and it is acknowledged that PN Design gives no warranty or undertaking that any such rights, model releases or consents have or will be obtained whether in relation to the use of names, people, trade marks, registered or copyright designs or works of art depicted in any picture. In the event that the picture issued or reproduced by or with the authority of the Client then the Client shall indemnify PN Design against any loss or damage, proceedings or costs where such rights, releases or consents have not been obtained.
- Every effort will be taken to undertake photography to the highest levels of quality, however the Client accepts that PN Design will not be held responsible for the following rare occurrences: Weather & lighting conditions that are detrimental to the appearance of the finalised images and beyond rectification in editing software. Group / portrait shots with person(s) who are continually blinking, distracted or deliberately attempting to negatively affect the photograph in all sequences of images being captured of a single scene, where editing software cannot rectify the issue.
- PN Design carries back ups of every main photographic item (flash guns, camera bodies, lenses) In the highly unlikely event that both items of equipment, the main and back up devices both malfunction and the photoshoot is abandoned, the Client understands that PN Design is liable only up to the full amount of the cost of the job being charged for.
- Unless a rejection fee has been agreed in advance, there is no right to reject on the basis of style, composition or editing.
- 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 PN Design’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 or if the Client is put into receivership or liquidation.
- The licence only applies to the Client and product as stated on the front of the form and its benefit shall not be assigned to any third party without the photographer’s permission. Accordingly, even where any form of ‘all media’ Licence is granted, the photographer’s permission must be obtained before any use of the photographs for other purposes such as use in relation to another product or sub licensing through a photo library.
- Permission to use the photographs for purposes outside the terms of the licence will normally be granted upon payment of a further fee, which must be mutually agreed (and paid in full) before such further use. Unless otherwise agreed in writing, all further licences in respect of the photographs will be subject to these terms and conditions.