Terms and Conditions of Business
1. DEFINITIONS
For the purpose of this agreement "The Wizard Retouch Ltd" and "the Client" shall where the context so admits include their respective assignees, sub-licensees and successors in title. "Photographs" means all photographic material furnished by the Client, whether digital files, transparencies, negatives, prints or any other type of physical or electronic material.
2. COPYRIGHT
The entire copyright in the Photographs is retained by the the Client or Photographer at all times throughout all territories.
3. CLIENT CONFIDENTIALITY
The Wizard Retouch Ltd will keep confidential and will not disclose to any third parties or make use of material or information communicated in confidence for the purposes of the retouching, save as may be reasonably necessary to enable the retoucher to carry out his/her obligations in relation to the commission. The Wizard Retouch Ltd will be liable for any breach of confidentiality by any third party.
4. PAYMENT
Payment from the Client 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 Wizard Retouch Ltd 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. Discretionary late fees are calculated at 0.75% of the NET advance amount, for each day beyond the due date that an advance remains unpaid.
5. ESTIMATES & EXPENSES
Estimates provided are based on the information provided by the Client in advance of preparing the estimate. Changes to the requirements before or during a the retouching process may increase The Wizard Retouch Ltd’s rate and expenses. The Client is responsible for checking cost estimates to ensure that it is sufficient to cover all requirements. All costs are exclusive of UK VAT which if applicable shall be added to the invoice.
Where extra expenses or time are incurred by The Wizard Retouch Ltd as a result of alterations to the original brief by the Client, or otherwise at their request, the Client shall give approval to and be liable to pay such extra expenses or fees at The Wizard Retouch Ltd’s standard rate, in addition to any expenses incurred.
6. APPLICABLE LAW
This agreement shall be governed by the laws of England & Wales.
7. VARIATION
These Terms and Conditions constitute the entire agreement between the parties with respect to their subject matter, and shall not be varied except by agreement in writing.