terms and conditions: USE OF WEBSITE

I am delighted that you have visited my website and hope you enjoy the experience. There are a few points I need to bring to your attention, and these are detailed on this page.

If you continue to browse and use this website, you are agreeing to comply with and be bound by the following terms and conditions of use, which together with my privacy policy govern Alistair Kerr Photography's relationship with you in relation to this website. If you disagree with any part of these terms and conditions, please do not use this website.

SPECIFIC PROMOTIONS:

For terms and conditions relating to specific offers and promotions, please refer to the relevant section at the bottom of this page, which should be read in conjunction with the general terms and conditions and privacy policy.

Disclaimer:

The information contained in this website is for general information purposes only. The information is provided by Alistair Kerr Photography and while I endeavour to keep the information up to date and correct, I make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the website or the information, products, services, or related graphics contained on the website for any purpose. Any reliance you place on such information is therefore strictly at your own risk.

In no event will I be liable for any loss or damage including without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from loss of data or profits arising out of, or in connection with, the use of this website.

Through this website you may be able to link to other websites which are not under the control of Alistair Kerr Photography. I have no control over the nature, content and availability of those sites. The inclusion of any links does not necessarily imply a recommendation or endorse the views expressed within them.

Every effort is made to keep the website up and running smoothly. However, Alistair Kerr Photography takes no responsibility for, and will not be liable for, the website being temporarily unavailable due to technical issues beyond our control.

Terms and Conditions RELATING TO USE OF THIS WEBSITE:

The term 'Alistair Kerr Photography' or 'me' or 'I' refers to the owner of the website, whose address is Struan, Woodend Road, Gauldry, Newport on Tay, Fife, DD6 8SR, Scotland. The term 'you' refers to the user or viewer of my website.

The use of this website is subject to the following terms of use:

  • The content of the pages of this website is for your general information and use only. It is subject to change without notice.
  • This website may use cookies to monitor browsing preferences. If you do allow cookies to be used, the following personal information may be stored by me for use by third parties: .
  • Neither I nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and I expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
  • Your use of any information or materials on this website is entirely at your own risk, for which I shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.
  • This website contains material which is owned by or licensed to me. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.
  • All trade marks reproduced in this website which are not the property of, or licensed to, the operator are acknowledged on the website.
  • Unauthorised use of this website may give rise to a claim for damages and/or be a criminal offence.
  • From time to time this website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that I endorse the website(s). I have no responsibility for the content of the linked website(s).
  • Your use of this website and any dispute arising out of such use of the website is subject to the laws of England, Northern Ireland, Scotland and Wales.

Privacy policy:

This privacy policy sets out how Alistair Kerr Photography uses and protects any information that you provide when you use this website.

Alistair Kerr Photography is committed to ensuring that your privacy is protected. Should I ask you to provide certain information by which you can be identified when using this website, then you can be assured that it will only be used in accordance with this privacy statement.

Alistair Kerr Photography may change this policy from time to time by updating this page. You should check this page from time to time to ensure that you are happy with any changes. This policy is effective from 12th March 2015.

What I collect:

I may collect the following information:

- name and job title;

- contact information including email address;

- demographic information such as postcode, preferences and interests;

- other information relevant to customer surveys and/or offers.

What I do with the information I gather:

I require this information to understand your needs and provide you with a better service, and in particular for the following reasons:

To contact you about your order or your booking;

Internal record keeping;

I may use the information to improve products and services;

If you have provided your consent, I may periodically send promotional emails about new products, special offers or other information which I think you may find interesting using the email address which you have provided.

From time to time, I may also use your information to contact you for market research purposes. I may contact you by email, phone, or mail. I may use the information to customise the website according to your interests.

Security:

I am committed to ensuring that your information is secure. In order to prevent unauthorised access or disclosure, I have put in place suitable physical, electronic and managerial procedures to safeguard and secure the information we collect online.

Links to other websites:

My website may contain links to other websites of interest. However, once you have used these links to leave my site, you should note that I do not have any control over that other website. Therefore, I cannot be responsible for the protection and privacy of any information which you provide whilst visiting such sites and such sites are not governed by this privacy statement. You should exercise caution and look at the privacy statement applicable to the website in question.

COOKIES:

How this site uses cookies:

This site may use cookies.  A cookie is a small file which asks permission to be placed on your computer's hard drive. Once you agree, the file is added and the cookie helps analyse web traffic or lets you know when you visit a particular site. Cookies allow web applications to respond to you as an individual. The web application can tailor its operations to your needs, likes and dislikes by gathering and remembering information about your preferences.

The site may use traffic log cookies to identify which pages are being used. This helps me analyse data about webpage traffic and improve the website in order to tailor it to customers' needs. I only use this information for statistical analysis purposes.

Overall, cookies help me provide a better website by enabling me to monitor which pages you find useful and which you do not. A cookie in no way gives me access to your computer or any information about you, other than the data you choose to share with me.

You can choose to accept or decline cookies. Most web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. This may prevent you from taking full advantage of the website.

Controlling your personal information:

You may choose to restrict the collection or use of your personal information in the following ways:

- Whenever you are asked to fill in a form on the website, look for the box that you can click to indicate that you do not want the information to be used by anybody for direct marketing purposes

- If you have previously agreed to me using your personal information for direct marketing purposes, you may change your mind at any time by writing to me at Alistair Kerr Photography, Struan, Woodend Road, Gauldry, Newport on Tay, Fife DD6 8SR, or contacting me using this link.

I will not sell, distribute or lease your personal information to third parties unless I have your permission (for example where I am working with a make-up artist or another business as part of the services I offer, in which case you will already be aware that the third party is involved) or are required by law to do so. I may use your personal information to send you promotional information about third parties which I think you may find interesting if you tell us that you wish this to happen.

You may request details of personal information which I hold about you under the Data Protection Act 1998. A small fee will be payable. If you would like a copy of the information held on you please write to: Alistair Kerr Photography, Struan, Woodend Road, Gauldry, Newport on Tay, Fife, DD6 8SR.

If you believe that any information I am holding on you is incorrect or incomplete, please write to or email me as soon as possible at the above address or by using the contact form on this website. I will promptly correct any information found to be incorrect.

TERMS AND CONDITIONS: COMMERCIAL COMMISSIONS

1.         DEFINITIONS

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.

2.         COPYRIGHT

The entire copyright in the Photographs is retained by the Photographer at all times throughout the world.

The Photographs are also protected by moral rights. The Photographer asserts his/her moral right to be identified as the author wherever and whenever his/her Photographs are copied or distributed by any means. 

3.         OWNERSHIP OF MATERIALS

Title to all Photographs remains the property of the Photographer. When the Licence to Use the material has expired the Photographs must be returned to the Photographer in good condition within 30 days.

4.         USE

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 Photographer'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 Agency is put into receivership or liquidation. The Licence only applies to the advertiser 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 eg use in relation to another product or sublicensing 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.

 

5.         EXCLUSIVITY

The Agency and Advertiser will be authorised to publish the Photographs to the exclusion of all other persons including the Photographer. However, the Photographer retains the right in all cases touse the Photographs in any manner at any time and in any part of the world for the purposes of advertising or otherwise promoting his/her work. After the exclusivity period indicated in the Licence to Use the Photographer shall be entitled to use the Photographs for any purposes after a period of 30 days from the expiry of the Licence.

6.         CLIENT CONFIDENTIALITY

 

The photographer 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.

 

7.         INDEMNITY

The Photographer agrees to indemnify the Agency and the Advertiser against all expenses, damages, claims and legal costs arising out of any failure by the Photographer to obtain any clearances for which he/she was responsible in respect of third party copyright works, trade marks, designs or other intellectual property. The Photographer 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 Photographer against all expenses, damages, claims and legal costs arising out of any failure to obtain such clearances.

 

8.         PAYMENT

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. Invoices will be issued at time of delivery of proofs.

 

9.         EXPENSES

Where extra expenses or time are incurred by the Photographer 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 Photographer's normal rate to the Photographer in addition to the expenses shown overleaf as having been agreed or estimated.

 

10.        REJECTION

Unless a rejection fee has been agreed in advance, there is no right to reject on the basis of style or composition.

 

11.        CANCELLATION & POSTPONEMENT

A booking is considered firm as from the date of confirmation and accordingly the Photographer will, at his/her discretion, charge a fee for cancellation or postponement.

 

·         when cancelled between 2 and 4 days of the agreed shoot date: £350 per day unless the Photographer is able to arrange another booking for the day concerned.

·         when cancelled within 2 days of the agreed shoot date: £700 per day unless the Photographer is able to arrange another booking for the day concerned.

Plus

·         Any unrecoverable expenses incurred by the Photographer (including pre-paid travel and accommodation costs).

 

12.        RIGHT TO A CREDIT

 

If the box on the estimate and the licence marked "Right to a Credit" has been ticked the Photographer's name will be printed on or in reasonable proximity to all published reproductions of the Photograph(s). By ticking the box overleaf the Photographer also asserts his/her statutory right to be identified in the circumstances set out in Sections 77-79 of the Copyright, Designs and Patents Act 1988 or any amendment or re-enactment thereof.

 

13.          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 Photographer.   Manipulation of the image or use of only a portion of the image may only take place with the permission of the Photographer.

 

14.        APPLICABLE LAW

This agreement shall be governed by the laws of Scotland

 

15.        VARIATION

These Terms and Conditions shall not be varied except by agreement in writing.

 

16.        NATURE OF COMMISSION

This commission will be undertaken by the Photographer as an independent contractor and not on a “work made for hire” basis.

 

17.        FORCE MAJEURE or ACT OF GOD

The due performance of this contract is subject to alteration or cancellation by either party owing to any cause beyond their control.

 

18.        LIMITATION OF LIABILITY

In the unlikely event of a total photographic failure or cancellation of this contract by either party or in any other circumstance the liability of one party to the other shall be limited to the total value of the contract.  Neither party shall be liable for indirect or consequential loss.

 

19.        ACCEPTANCE OF THESE TERMS and CONDITIONS

The Photographer will bring these Terms and Conditions to the attention of the Client at the time of presenting a quotation for the work required. By subsequently agreeing to appoint the Photographer, the Client will be deemed to have agreed to the Terms and Conditions.


TERMS AND CONDITIONS: PROMOTIONS

Information will be displayed here from time to time relevant to any promotions run by Alistair Kerr Photography, where (for example) there is insufficient space to print these on an entry form.