Terms & Conditions Overview
Our photographers will have been CRB checked. Should proof of the CRB check be required, it will be sent forthwith.
Our prices are outlined on our order form and on our website. Prices are subject to change at our discretion, but will not affect any previously quoted prices. We may alter the package contents and prices to suit a school’s requirements at our discretion.
Commission is payable to each school at a rate agreed between us. This rate may vary between schools. Due paperwork will be sent to schools fully detailing the agreed rates.
Prints and canvasses
All our frames and canvasses are hand made to order with individual pupil’s images. We only offer refunds or exchanges on any of these products if they are damaged. Prints and canvasses are delivered direct to the parent’s home, so schools are not involved in this transaction or delivery process.
Payment is made by credit card, cash, or cheques made out to Smile Photobooks Ltd. Please enclose any relevant order form with your order and write the order reference on the back of any cheques. Credit card details will be destroyed once payment has been taken. Payment must be made in full before any order is processed or despatched.
Refunds or exchanges will only be made if our products are faulty. We cannot accept responsibility for faulty items which may arrive damaged due to Post Office handling. Refunds or reprints of portraits damaged by the Post Office are at our discretion. We will request that any damaged portraits are returned to us for assessment before any decision on replacement is reached.
Security and copyright
Photographic portraits are kept on our systems for a minimum of 2 years. This is for back up purposes, but is not a service – we shall not be held responsible for images deleted from our systems.
Any photography taken by us is the copyright of Smile Photobooks Ltd and may not be reproduced without prior written consent. We shall not use any photography for purposes other than for the production of products as advertised on our website. We may, however, use our photography for the promotion of Smile Photobooks Ltd, but only if written consent from the parent or guardian has been received.
Any use of our website or copyrighted images for purposes that may be considered unlawful, defamatory or harmful will be pursued legally.
You are not permitted to use our website or any of our products for any reason or purpose that is unlawful, defamatory, harmful or objectionable.
Any use of our website or copyrighted images other than by permitted parents out of the public domain will be pursued legally.
Terms and conditions detail
For the purpose of this agreement “the Agency” and “the Advertiser” shall where the context so admits include their respective assignees, sub-licensees and successors in title. In cases where the Photographer’s client is a direct client (i.e. with no agency or intermediary), all references in this agreement to both “the Agency” and “the Advertiser” shall be interpreted as references to the Photographer’s client. “Photographs” means all photographic material furnished by the Photographer, whether transparencies, negatives, prints or any other type of physical or electronic material.
The entire copyright in the Photographs is retained by the smile-photobooks at all times throughout the world.
3. OWNERSHIP OF MATERIALS
Title to all Photographs remains the property of the smile-photobooks.
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 the smile-photobooks 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 Agency is put into receivership or liquidation. 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 smile-photobooks will be subject to these terms and conditions.
5. CLIENT CONFIDENTIALITY
Smile-photobooks will keep confidential and will not disclose to any third parties or make use of material or information communicated to him/her in confidence for the purposes of the photography, save as may be reasonably necessary to enable the Photographer to carry out his/her obligations in relation to the commission.
Smile-photobooks agrees to indemnify the Agency and the Advertiser against all expenses, damages, claims and legal costs arising out of any failure by the Smile-photobooks to obtain any clearances for which he/she was responsible in respect of third party copyright works, trade marks, designs or other intellectual property. Smile-photobooks shall only be responsible for obtaining such clearances if this has been expressly agreed before the shoot. In all other cases the Agency shall be responsible for obtaining such clearances and will indemnify the Smile-photobooks against all expenses, damages, claims and legal costs arising out of any failure to obtain such clearances.
Payment by the Agency will be expected for the commissioned work within 30 days of the issue of the relevant invoice. If the invoice is not paid, in full, within 30 days The Photographer 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.
Where extra expenses or time are incurred by the Smile-photobooks as a result of alterations to the original brief by the Agency or the Advertiser, or otherwise at their request, the Agency shall give approval to and be liable to pay such extra expenses or fees at the Smile-photobooks normal rate to the Photographer in addition to the expenses shown overleaf as having been agreed or estimated.
Unless a rejection fee has been agreed in advance, there is no right to reject on the basis of style or composition.
10. CANCELLATION & POSTPONEMENT
A booking is considered firm as from the date of confirmation and accordingly the Smile-photobooks will, at their discretion, charge a fee for cancellation or postponement.
11. ELECTRONIC STORAGE
Save for the purposes of reproduction for the licensed use(s), the Photographs may not be stored in any form of electronic medium without the written permission of the Smile-photobooks. Manipulation of the image or use of only a portion of the image may only take place with the permission of the Smile-photobooks.
12. APPLICABLE LAW
This agreement shall be governed by the laws of England & Wales
These Terms and Conditions shall not be varied except by agreement in writing.
NOTE : For more information on the commissioning of photography refer to Beyond the Lens produced by the AOP.