Please read the terms and conditions in full. When finished, you can signify your agreement by entering your details below.

Terms & Conditions

1. Definitions
a) “Dantuma Photography” means Amanda Dantuma as an individual Sole Trader
b) “The Client” means the party purchasing the goods or services from Dantuma Photography.
c) “Goods and services” means any photographic services and/or goods (including electronic digital data images) supplied by Dantuma Photography.
d) “Contract” means any contract between The Client and Dantuma Photography for the supply of goods and services

2. Formation of Contract; exclusion of other terms
a) The client’s written or verbal confirmation that it wishes Dantuma Photography to supply the goods and services will result in the formation of a   binding contract on these terms.
b) Unless otherwise agreed in writing by Dantuma Photography, all Contracts will be on these terms to the exclusion of all other terms, including those proposed by The Client.


3. Fees, Expenses and Cancellations
a) All fees quoted by Dantuma Photography do not include Value Added Tax. Value Added Tax is not applicable to any goods or services supplied by Dantuma Photography. The price you are quoted is the price you pay.
b) Unless otherwise stated at the time of quotation, any fee quoted by Dantuma Photography is exclusive of Dantuma Photography’s charge for expenses incurred in Supplying the Goods and Services. The client will pay such charge in addition to the fee. Such expenses may include, but will not be limited to, travelling, raw materials, post-production, delivery, accommodation and subsistence.
c) Dantuma Photography may quote fees as an hourly, daily or half daily rate or as a rate specific to the contract in question. Any fees quoted by Dantuma Photography as a daily rate is on the basis of an eight hour day.
d) Dantuma Photography reserves the right to exceed any fee quoted if either:
    i. Dantuma Photography agrees to supply the goods and services on a different date or at a different time than originally agreed with the client; or
    ii. Any additional goods and services or variations to the services are required by the client of which Dantuma Photography was not aware at the time of quotation.
   iii. If, as a result of any unforeseen circumstances out of the control of Dantuma Photography, the contract takes longer to perform than originally anticipated at the date of quotation, Dantuma Photography reserves the right to charge an additional rate in line with the 50% of the standard hourly rate until the contract has been completed. Dantuma Photography will be reasonable and flexible with regard to overtime but does reserve the right to charge at it’s discretion in line with the above. Hourly and daily rates are available and noted on the price list.
e) If the client cancels the contract and an alternative date is not agreed.:
    i. More than four weeks before Dantuma Photography was due to begin supplying the goods and services, the client will, at the discretion of Dantuma Photography, pay twenty five percent (25%) of the fee quoted.
ii. Less than four weeks, but more than one week before Dantuma Photography was due to begin supplying the goods and services, the client will, at the discretion of Dantuma Photography, pay fifty percent (50%) of the fee quoted.
iii. Less than one week before Dantuma Photography was due to begin supplying the goods and services, the client will, at the discretion of Dantuma Photography pay one hundred percent (100%) of the fee quoted. In each case, the client will also pay Dantuma Photography’s charge for any expenses relating to the contract incurred before the date of cancellation.

4. Deadlines
Dantuma Photography will use their reasonable endeavours to meet any deadlines agreed with the client for the supply of the goods and services, but time shall not be of the essence. Consequently, the client will not be entitled to terminate the contract or treat it as discharged if Dantuma Photography fails to meet a deadline agreed with the client.

5. Payment; Acceptance
a) Unless otherwise stated, the client will settle Dantuma Photography’s invoices within 30 days of the date of the invoice. Once settled all payments are non-refundable.
b) If payment is not received by Dantuma Photography in full by the date due, Dantuma Photography may, without prejudice to any other rights Dantuma Photography may have:
i. Charge interest on the outstanding amount at the rate of three percent above the base rate (both before and after judgement); and/or
ii. Suspend their work under any Contract.
c) The client will be deemed to have accepted the goods and services and the related invoice, unless The Client notifies Dantuma Photography in writing within seven days of the date of the invoice.


6. Copyright; ownership
a) All copyright arising in any photographic works produced by Dantuma Photography, including copyright in any photographic works comprised of digital data images, will always be owned by Dantuma Photography. Subject to The Client paying Dantuma Photography's fees and any other charges and complying fully with the terms of the Contract, ownership of prints and/or Digital Files (but not ownership of the copyright of the photographic works) will pass to The Client on delivery and Dantuma Photography will grant, if agreed and paid for by The Client, a licence to use, reproduce and publish copyright works produced by Dantuma Photography for The Client under the Contract in such a manner and for such purposes as The Client and Dantuma Photography have agreed. In the absence of such agreement, The Client shall not use, reproduce or publish the copyright works, copies of the prints or any Digital Files without the prior written permission of Dantuma Photography, neither shall The Client send or transfer the copyright works, copies of the prints or any Digital Files to others or permit others to use, reproduce or publish them. Ownership of all negatives and transparencies will always remain with Dantuma Photography


b) The Client acknowledges Dantuma Photography's right (as the owner of the copyright in all copyright works produced by Dantuma Photography for The Client under the Contract) to use, reproduce, sell and publish all such copyright works for the purposes of their own portfolio or for other promotional or commercial purposes.


7. Limitation of liability
a) Dantuma Photography will use all reasonable skill and care in supplying the Goods and Services.
b) In respect of Goods and Services provided to The Client electronically, Dantuma Photography shall have no liability arising out of:
i. the colour accuracy of electronic digital data images downloaded or reproduced from digital files; The Client shall be responsible for checking and approving of the quality of all digital data images/ photographs provided by Dantuma Photography prior to printing;
ii. corruption, distortion, partial or total loss of electronic digital data images from digital files provided by Dantuma Photography; The Client recognises and understands that according to the current status of technological development, error-free use of hardware, software and other user interfaces cannot be guaranteed;
iii. degeneration of stored electronic digital data image quality, partial loss of stored electronic digital data image quality or total loss of electronic digital data images stored on digital files;
iv. electronic computer viruses introduced to The Client's hardware, software or other user interfaces by digital files provided by Dantuma Photography; The Client shall be responsible for ensuring that no electronic computer virus is transmitted to any computer, hardware, software, website, network or other user interface and Dantuma Photography shall have no liability whatsoever.
c) Subject to 7(e) below, Dantuma Photography will not be liable for any consequential, indirect or economic loss (including, without limitation, loss of profits, opportunity or bargain), whether arising from breach of the Contract, any tortuous act or omission (including, without limitation, negligence) or breach of any statutory duty.
d) Subject to 7(e) below, the liability of Dantuma Photography for any direct loss. whether arising from breach of the Contract, any tortuous act or omission (including, without limitation, negligence) or breach of any statutory duty shall belimited to Dantuma Photography's fee for the Services and Goods in relation to which such loss arises; Dantuma Photography shall have no liability to re-shoot orotherwise provide any further Services and Goods.
e) Nothing in these terms shall exclude, limit or be deemed to exclude or limit Dantuma Photography's liability for death or personal injury caused by their negligence or the negligence of those for whom Dantuma Photography is responsible.
f) All warranties, conditions or other terms implied by statute or common law are excluded to the fullest extent permitted by law. Except in the case of death or personal injury caused by Dantuma Photography's negligence, or the negligence of those for whom Dantuma Photography is responsible, Dantuma Photography will not be liable to the Customer by reason of any representation, implied warranty, condition or other term, any duty or common law under the express terms of the contract, for any consequential loss or damage (whether for loss of profit or otherwise), costs, expenses or other claims for consequential compensation whatsoever (whether caused by Dantuma Photography's negligence or otherwise) which arises out of, or in connection with the Goods or Services.

The terms and provisions of their contract are in addition to all Dantuma Photography's rights of general law, none of which shall be limited, in any way whatsoever. Failure, on Dantuma Photography's part, to exercise, or any delay in exercising, any of Dantuma Photography's rights shall not be deemed to be a variation of their or any subsequent contract, nor shall they adversely affects those rights in any way whatsoever. If any provision of their agreement shall be found by any court or administrative body of competent jurisdiction to be invalid or unenforceable, the invalidity or unenforceability of such provisions shall not affect the other provisions of their agreement and all provisions not affected by such invalidity or unenforceability shall remain in full force and effect. The parties thereby agree to attempt to substitute for any invalid or unenforceable provision a valid or enforceable provision which achieves. to the greatest extent possible, the economic, legal and commercial objectives of the invalid or unenforceable provision.

8. Permissions, consents and authorisations
a) The Client confirms and undertakes to Dantuma Photography that The Client has obtained all permissions, consents and authorisations necessary for Dantuma Photography to supply the Services and Goods, including, without limitation:
i. consent to be photographed from all models, guests or other individuals whom Dantuma Photography may photograph:
ii. permission to take photographs of or at the relevant venue; and
iii. authorisation to photograph and reproduce any copyright works, design right works and trademarks which Dantuma Photography may photograph.
b) The Client thereby undertakes to indemnify and keep indemnified Dantuma Photography against all claims. actions, losses, damages, costs and expenses (including, without limitation, reasonable legal costs and expenses) suffered or incurred by Dantuma Photography as a result of any breach by The Client of 8(a) above


9. Force Majeure
a) Dantuma Photography will be released from their obligations under the Contract to the extent that their performance thereof is delayed, hindered or prevented by circumstances which are not within their reasonable control; including, without limitation, acts or restraints of governments or public authorities, riot or civil commotion, strikes, failure of supplies of power, fuel, transport, equipment or other goods or services, vandalism or criminal damage and explosion, fire, flood or natural disaster, or their ability to effectively attend at a shoot or process photographs by reason of illness or mental or physical incapacity, whether of themselves or their representatives.

b) Without limiting 9(a) above, Dantuma Photography will use all reasonable skill and care in selecting reputable photographic laboratories to process and store negatives, transparencies and prints and in storing negatives, transparencies and prints but Dantuma Photography shall not be liable for any damage or loss resulting from circumstances which are not within their control, whether or not referred to in Clause 9(a) above


c) Without limiting 9(a) above, Dantuma Photography will use all reasonable skill and care in selecting reputable digital storage devices to store digital negatives but Dantuma Photography shall not be liable for any damage or loss resulting from circumstances which are not within their control, whether or not referred to in Clause 9(a) above.

10. Delivery
Dantuma Photography will deliver the digital images, finished pictures or negatives to such premises within the United Kingdom as The Client specifies. Risk in the pictures passes on arrival at those premises If The Client collects the Goods, risk passes on them passing out of Dantuma Photography's control Dantuma Photography selects the method of delivery.

11. Governing law
The Contract will be governed by the laws of England and Wales. The Client and Dantuma Photography irrevocably submit to the jurisdiction of the Courts of England and Wales.

 

Terms & Conditions

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