TERMS & CONDITIONS
Application and Entire Agreement
1. We are Doctor Photo Ltd (trading as and hereafter referred to as “DCTR” or “we” or “us”). Doctor Photo Ltd is a company registered in England and Wales under number 10216149, with its registered office at Savoy House, Savoy Circus, London, England, W3 7DA.
The person buying the services is you, hereafter referred to as “you”, “the client”, or “their”. These terms mean you personally and/or the principal; the principal is either a company or individual(s) you work for, whether you are directly employed by the principal or acting as an agent. Therefore, on instructing DCTR to work for you or the principal, you become our customer representing yourself personally, OR you affirm that you have the principal’s authority to employ our services on their behalf.
2. Acceptance of our quotation or the performance of the Services (whichever occurs earlier) deems your acceptance of these Terms and Conditions, establishing the Contract as the entire agreement between us.
3. You acknowledge that you have not relied on any statement, promise, or representation made or given by or on our behalf unless given in writing by a Doctor Photo Ltd Director. These Conditions prevail over any other terms you may try to impose or incorporate.
Interpretation
4. Whilst our Doctor Photo online platform is open Monday – Saturday, the term "Business Day" refers to any day excluding Saturdays, Sundays, or bank holidays in England and Wales.
5. Headings in these Terms and Conditions are for convenience only and do not affect their interpretation.
6. Words in the singular include the plural and vice versa.
Services
7. We guarantee reasonable care and skill in delivering the Services, complying with the quotation and specifications.Changes may be made to ensure compliance with applicable laws or safety requirements with prior notification.
8. While we strive to complete Services within the agreed time, time is not essential to the performance of our obligations. The only guarantee we give about time relates to our 2-hour Facelift service. If we do not return an ’Urgent’ Facelift photo edit within 2 hours between 9 am-5 pm Monday to Saturday, it is free.
9. These Terms and Conditions apply to the supply of goods as well as Services unless otherwise specified.
Your Obligations
10. Obtain all necessary permissions, consents, and licenses, including but not limited to performances, branding, trademarked goods and logos, intellectual property, and copyrighted material forming part of the final production.
11. Failure to comply with clause 10 may result in termination of the Services.
12. We bear no liability for delays or failures caused by your non-compliance with your obligations.
Fees and Deposit
13. Fees for Services, outlined in quotations provided by us, are on a time and materials basis. In addition to Fees, we may recover reasonable incidental expenses, third-party service costs, and materials/assets costs, including physical and/or digital items.
14. Payment for additional services not specified in the quotation are based on our applicable daily rate, (please enquire if you need to) or as previously agreed in writing.
15. Fees are exclusive of any applicable taxes or levies imposed by competent authorities.
16. Customers using the Doctor Photo platform may refer to our pricing schedule at https://dctr.co.uk/doctor-photo#pricing. We retain the right to update it from time to time.
16.b. If you are signed up for a Direct Debit with us and using our Doctor Photo platform, you will be eligible to pay a discounted rate for our Facelifts service.
16.c. If you are set up to pay by Direct Debit, you will be invoiced each month and agree not to cancel your Direct Debit while you have outstanding payments. If your agreement to pay by Direct Debit means that you would have paid a discounted amount for any service, then cancelling yourDirect Debit before all outstanding payments have been made will mean that you will be liable to pay the standard price with no discount.
16.d. 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.
16.e. If you reasonably dispute an invoice ingood faith and contact us to let us know within 24 hours after receiving an invoice that you dispute it, then interest will not be charged for the dispute period. If we consider your dispute of our invoice vexatious, or a court decides this, then in that case, we reserve the right to continue charging interest as specified in paragraph 16f as if no dispute was raised.
16.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 your actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.
17. For some projects, unless specified otherwise in the quotation, we reserve the right to charge a 50% deposit ("Deposit"), which will be notified to you along with a due date at least 2 days before commencing work. Failure to pay a requested deposit may delay a project's commencement; The potential completion date may also be delayed.
18. Deposits are non-refundable unless we fail to provide the Services and are at fault.
Cancellation, Amendment and Delays
19. We can withdraw, cancel, or amend a quotation if not accepted by you or if you have not confirmed that Services may be commenced within 7 days of the quotation date.
20. Either party can cancel an order before you accept the quotation.
21. Amendments to your brief to us must be communicated in writing.
22. On the rare occasions we encounter issues that cause delays beyond our control, we will endeavour to notify you promptly.
23. If once commenced, you delay a project for whatever reason, we reserve the right to invoice for works already undertaken.
Payment
24. For Design & CGI Services, Final invoicing occurs upon completion of the service or as specified in the quotation or otherwise in writing. Doctor Photo platform customers are invoiced monthly in arrears.
25. Payment of Fees is due within 14 days of the invoice date or as per agreed credit terms. However, full payment will be required for high-value projects before we release finished artwork, including CGIs, designs for brochures/hoardings, etc.
26. Full payments without deduction or with holding are required.
27. Late payment may result in the suspension ofServices and cancellation of future services.
28. Payment receipts will be issued upon request.
29. Payments must be made in British Pounds unless otherwise agreed in writing.
Termination
30. We can terminate Services immediately if you:
a. Commit a material breach.
b. Fail to pay any due amount.
c. Become insolvent or take advantage of any statutory relief.
Copyright
31. Doctor Photo Ltd asserts full copyright ownership of all material we produce, protected under UK law.
Usage License – Rights to the Use of ProjectContent
32. Doctor Photo Ltd retains rights to images edited or otherwise amended or created by us, copies, footage, or other assets and information, and it grants you a time-unlimited license for their use.
33. Your perpetual usage license is granted upon full payment.
34. We love to show off our work and share what we have learned, created, or achieved with others, so you agree to license us to display and link to images and other assets as you supplied them along with ouredited or created work, to be included into our portfolio and to allow us to write about the project on websites, in magazine articles, email marketing, advertising and in books or print media.
35. However, if you ask us not to share our work in the above way, then we will honour your wish as long as your request is received in writing prior to publication.
Liability and Indemnity
Your Responsibility to Check Projects Returned toYou
36. We cannot guarantee the accuracy of any project we undertake on your behalf, and your responsibility is how you use a completed project. Therefore, on receipt from us of a completed project or the draft of a project, you must check it against the brief and/or assets you provided to us and, in the case of a photo edit, against the subject of the image.
37. We are not liable for indirect or consequential losses howsoever caused.
Data Protection
38. When processing personal data as a data processor, Doctor Photo Ltd follows GDPR guidelines. The customer is the data controller.
39. Personal data is processed to enable service provision and is not retained longer than necessary.
40. Personal data is not disclosed to third parties unless necessary for service provision or required by law.
41. Technical and organisational security measures are implemented to protect processed personal data.
Circumstances Beyond a Party's Control
42. Neither party is liable for failure nor delay due to reasonable control. If the delay exceeds 90 days, either party may terminate the Services.
Production
43. All quoted-for work will be quoted according to the agreed-upon production brief. Amendments or additional time may incur additional charges.
44. You agree to ensure clear access to all necessary image, video and sound captures required for us to complete a project for you. Delays by you may incur additional charges.
45. Health and safety are prioritised. Doctor PhotoLtd reserves the right to remove personnel or equipment in unsafe conditions or abusive behaviour.
Approval/Amendments of Draft assets
46. Our work includes two rounds of amends and is often delivered with drafts and progress updates to maintain project momentum. However, we reserve the right to make additional charges if amends are believed to be out-of-scope or in addition to the original brief.
Project Duration and Delivery
47. Project duration estimates are indicative. Our liability is limited to the agreed project cost, less costs for work already done within the production brief.
48. Doctor Photo Ltd is not responsible for losses arising from late, erroneous, or non-delivery of the product.
No Waiver
49. No waiver of rights or remedies by delay, act, or omission.
Severance
50. Unlawful or invalid provisions are deemed severed from the agreement, leaving the remainder valid and enforceable.
Law and Jurisdiction
51. This Agreement is governed by English and Welsh law. All disputes fall under the exclusive jurisdiction of English and Welsh courts.
About us and how to contact us
52. We are a company registered in England andWales. 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.
53. 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 studio@dctr.co.uk.
54. 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 theStudio website or by other means.
55. 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 maystop 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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