We are Doctor Photo Ltd (trading as and hereafter referred to as “DCTR” or “we” or “us”). When this document refers to “you” or “the client” or “their”, this means you personally and/or the principle, the principle being either a company or individual(s) that you work for whether you are directly employed by the principle or acting as an agent for them. Therefore, on instructing DCTR to work for you or the principle, you become our customer representing yourself personally, or you affirm that you have the principle’s authority to employ our services on their behalf.
2) In Short
This document explains the terms and conditions of your and our working relationship that you are agreeing to, either for yourself or for the principle that you represent.
When you commission a project or projects of any kind by uploading image(s) and/or your brief(s) to our Studio platform or when you instruct DCTR using any other means, digital or analogue or oral, you are asking us to use our expertise and skills to complete a project or projects for you. Projects can include the creation and/or amendment of images, floorplans, or design projects or video production and/or editing and can also include any other kind of activity that you ask us to undertake for you and that we accept.
3) What Both Parties Agree To
If we work on a project for you, we will do so to the best of our ability, based on the information and/or assets you provide to us at the commencement of the project or as the project progresses. If you are not happy with the result at any stage, you may request a re-work of the project which can be granted at our discretion.
You agree that at the time you brief us for any project, the information you provide will be correct, and that you will provide us with a specification for the desired outcome of your project. If a project brief or specification is not clearly defined or if it changes after the project has been started or completed, and if either circumstance means we will have to undertake more work than we originally anticipated, then we reserve the right to add an appropriate and fair additional charge to any quote that we may or may not already have provided to you.
We will, if asked by you, provide a written quote for any project that you require us to undertake for you. Some of our work is based on fixed pricing (Facelifts, for example), and the pricing can be found on our website or can be provided at your request by other means. Other projects, for example our Digital Surgery edits and CGI projects amongst others, are priced according to the length of time they take for us to complete.
If you wish to, you can via our Studio.dctr.co.uk platform or by email, request a quote for any project that you require of us. If you do not request a quote for a project, then we will proceed with it as soon as are able after its receipt by us and charge fairly for our work, according to the resources that we need to complete it.
In some cases where projects are of high value, we will issue you with a written estimate of our anticipated costs in relation to that project before commencing. However, we are not required to do that unless you ask us to.
4) Payment Terms
a. You agree to pay us for any project that we complete for you.
b. If a project is cancelled before its completion, then you agree to pay us for the work we have undertaken up to that point and for any other resources required – including those that we may have needed to purchase – in connection with the project.
c. If a project becomes delayed for any reason including if you are unable to provide us with the assets or information that are necessary for us to complete it, then at a time that is determined by us, you agree to pay us for our work up to the point that it is necessary for us to suspend our work on the project.
d. If you are a Direct Debit customer, you will be issued with an invoice at stages 4 (a), and/or 4 (b), and/or 4 (c) above, and you agree not to cancel your Direct Debit where you have payments that are outstanding. If your agreement to pay by Direct Debit means that you would have paid a discounted amount for any service, then cancelling your Direct Debit will mean that you will be liable to pay the undiscounted price.
e. If you have not set up a Direct Debit authority or if you cancel a Direct Debit authority, then you must pay any invoice issued by us in cleared monies within the time-period specified on our invoice.
f. If you do not make any payment due to us by the due date for payment, we may charge interest to you on the overdue amount at the rate of 8% a year above the base lending rate of the Bank of England from time to time. This interest shall accrue daily from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.
g. However, if you reasonably dispute an invoice in good faith and contact us to let us know within 24 hours after you have received an invoice that you dispute it, then interest will not be charged for the period of the dispute. If we consider your dispute of our invoice is vexatious or if a court decides this, then we reserve the right to continue charging interest as specified in paragraph ‘f’ above as if no dispute was raised.
5) Force Majeure
If we cannot complete a project for you due to any un-foreseen event or complication, we agree to refund any advance monies you may have already paid to DCTR in connection with that project, within a reasonable period of time.
6) Your Responsibility to Check Projects Returned to You
We cannot guarantee the accuracy of any project that we undertake on your behalf and how you use a completed project is your responsibility. Therefore, you must, on receipt of the completed project or the draft of a project, check it against the brief and/or assets that you provided to us and in the case of a photo-edit, against the subject of the image.
Limitation of Liability.
So, you agree to indemnify us against being held liable to you or any third party for damages, including lost profits, lost savings or other incidental, consequential, or special damages arising out of the provision of our service.
If you find that we have not adhered to your brief, then we will rectify any inaccuracy at the earliest opportunity.
It is your responsibility to make sure that work you ask us to undertake for you is legal, for example in the context or editing photographs so that they do not contravene Consumer Protection Regulations or any other regulations or laws that may apply. In the event that a project or projects that we complete and that you publish is/are in contravention of any Regulations or Laws, then you agree to indemnify us against any consequent civil action or by local or government authorities or any other authority or individual or business.
Where we provide digital representations showing how a property could potentially look once physical work has been completed, or where a property has had 3D furniture added, for example, it is your responsibility to notify all interested parties by the addition of an appropriate disclaimer clause that they are looking at a digital representation of how the future project is intended to look.
7) Legal Authority
This document is subject to English Law. If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions. You and We both agree to submit to the non-exclusive jurisdiction of the English courts. However, if you are a resident of Northern Ireland, proceedings may be brought in Northern Ireland, and if you are a resident of Scotland, proceedings may be brought in Scotland.
You guarantee to us that any elements of text, graphics, photos, designs, trademarks, or other artwork that you provide to us are either owned by you, or that you have all necessary permissions to use them.
When you pay for a project, copyright is automatically assigned as follows:
- You will own the project content that we return to you. You should be careful to store any files that we send to you safely as we are not required to keep them or provide any native source files that we used to make them.
We love to show-off our work and share what we have learned or achieved with other people, so you agree to allow us the right to display and link to images, both supplied and completed as part of our portfolio and to write about the project on websites, in magazine articles, email marketing, advertising and in books or print media. However, if you ask us not to share our work in the above way, then we will honour that as long as your request is received in writing prior to publication.
INFORMATION ABOUT US AND HOW TO CONTACT US
1. We are a company registered in England and Wales. Our company registration number is 10216149 and Our registered office is at Savoy House, Savoy Circus, London, England, W3 7DA. Our registered VAT number is 923 1691 32. Our trading address is The Studio, 2nd Floor, Dolphin House, 103 Frimley Road, Camberley, GU152PP.
2. If you have any questions or if you have any complaints, please contact us. You can contact us by telephoning our customer service team at 01483474737 or by e-mailing us at firstname.lastname@example.org.
3. If you wish to contact us in writing, or if any clause in these Terms requires you to give us notice in writing (for example, to cancel a project), you can send this to us by e-mail, by hand, or by pre-paid post to Doctor Photo Ltd, The Studio, 2nd Floor, Dolphin House, 103 Frimley Road, Camberley, GU152PP or/and studio@DCTR.co.uk. We will confirm receipt of this by contacting you in writing. If we have to contact you or give you notice in writing, we will do so by e-mail, by hand, or by pre-paid post to the address you provide to us when you set up your account details on the Studio website or by other means.
4. HOW WE MAY USE YOUR PERSONAL INFORMATION. We will use the personal information you provide to us to: provide the services; process your payment for such services; and inform you about similar products or services that we provide, but you may stop receiving these at any time by contacting us. We will not give your personal data to any other third party.
OTHER IMPORTANT TERMS.
We may transfer our rights and obligations under these Terms to another organisation, and we will always notify you in writing if this happens, but this will not affect your rights or our obligations under these Terms.
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