Thank you for entrusting me with your slides / negatives for scanning. Please complete the contract below.
1. This contract is entered into between Karen Thorburn Photography and the Client.
Karen Thorburn Photography’s contact details are as follows:
Karen Thorburn Photography
Mobile: +44 (0)7761985752
2. This contract is accompanied by a completed “Scanning Booking Form“, which shall be read in conjunction with and shall form an integral part of this Contract.
3. The total fee payable shall be dependent upon the amount of scanning required and any optional extras selected by the Client in completing the Scanning Booking Form. The Client is required to specify their requirements at the time of making the booking and these must be noted in the Scanning Booking Form. The Client may upgrade their selection at any time prior to the commencement of scanning, in which case the amount of the total fee shall increase accordingly.
4. At the time of booking, the Client shall pay a £50 retainer fee towards the cost of scanning. This figure may be increased at the discretion of Karen Thorburn Photography depending on the amount of scanning required. The retainer fee is non-refundable. The retainer fee shall constitute the first instalment of the total fee payable to Karen Thorburn Photography for scanning and, if applicable, re-naming of digital files, filing, and image enhancement. The retainer fee shall reduce the outstanding amount of the total fee owed by the Clients to Karen Thorburn Photography accordingly.
5. At the time of booking, the Client shall specify how they wish their slides/negatives to be delivered to and returned by Karen Thorburn Photography. If the Client selects a courier service, either by Karen Thorburn Photography or a third party, the Client shall be required to pay for this service, in full, at the time of making a booking.
6. Once Karen Thorburn Photography has completed the scanning, Karen Thorburn Photography will inform the Client of the final balance due to Karen Thorburn Photography. Karen Thorburn Photography must receive this payment in full from the Client before the digital files and original slides/negatives can be released to the Client.
7. If the Client does not make payment as it falls due in accordance with the terms of Clauses 3 to 6 above, Karen Thorburn Photography reserves the right to cancel the booking, terminate this Contract, retain the non-refundable retainer fee, and refuse to release the digital files and original slides/negatives to the Client.
8. Editing and image enhancement is carried out at the discretion of Karen Thorburn Photography to enhance the appearance of the images, including (but not limited to) the lighting, exposure, colour temperature and crop. Additional fees will apply if the Client requests extensive re-touching including (but not limited to) skin smoothing and image manipulation.
9. In the event that any additional costs are incurred by the Client after the final payment is made in accordance with Clause 6 above, as a result of the Client requesting additional image enhancement or extensive re-touching, such additional costs shall be paid within seven (7) days after any additional invoice for those costs is issued by Karen Thorburn Photography. Karen Thorburn Photography reserves the right to withhold finalising and providing the digital images and original slides/negatives to the Client until all additional costs, however incurred, have been paid in full by the Client.
10. Payments can be made by bank transfer, as follows.
Account name: Karen Thorburn Photography
Bank: Royal Bank of Scotland
Account number: 00602422
Sort code: 83-15-17
Reference: please use the invoice number
Cancellation by Client
11. Should the Client need to cancel the scanning, then it is their sole responsibility to do so in writing or by email. The Client must ensure that this instruction has been received by Karen Thorburn Photography. Karen Thorburn Photography will personally contact the Client to discuss the cancellation and send confirmation of the details received.
12. If the Client cancels the scanning or this Contract for any reason, the Client shall pay Karen Thorburn Photography a cancellation charge on the following basis.
13. If Karen Thorburn Photography has already commenced scanning at the time of cancellation, the Client must pay Karen Thorburn Photography in full for the amount of scanning, re-naming of digital files, filing, and image enhancement already undertaken by Karen Thorburn Photography at the time of the cancellation.
14. The cancellation charge is immediately payable by the Client at the time of cancellation, irrespective of the reason for such cancellation. Karen Thorburn Photography reserves the right to withhold any digital images and original slides/negatives until all cancellation costs, however incurred, have been paid in full by the Client.
Description of Services
15. Karen Thorburn Photography will provide scanning and digital services as outlined in the Scanning Booking Form.
Limitation of Liability
16. If Karen Thorburn Photography is unable to undertake scanning and digital services due to circumstances beyond Karen Thorburn Photography’s reasonable control, all monies paid by the Client (including the retainer fee and courier costs) will be refunded in full. Karen Thorburn Photography will also return the original slides/negatives to the Client within fourteen (14) days of the termination of this Contract. Karen Thorburn Photography will have no further liability to the Client for any additional losses, costs or expenses incurred as a result of an inability to undertake scanning and digital services under this Contract.
17. In the unlikely event of the loss of or damage to the Client’s slides/negatives, Karen Thorburn Photography’s liability shall be limited to a full refund of monies paid.
18. If the Client requests that Karen Thorburn Photography destroys the original slides/negatives after the completion of scanning, Karen Thorburn Photography will retain the original slides/negatives for four (4) weeks after the digital files have been delivered to the Client. Karen Thorburn Photography strongly recommends that the Client creates digital copies of the files within this four week period. Karen Thorburn Photography will have no liability to the Client if the Client’s USB drive malfunctions or is lost or damaged and/or the Client has not created digital copies.
19. Any complaints should be made within four (4) weeks of the digital images being supplied in writing to Karen Thorburn Photography, Glendhu Cottage, Balblair, Dingwall, Ross-shire, IV7 8LL or by email to email@example.com. Karen Thorburn Photography will endeavour to respond within seven (7) days.
20. Karen Thorburn Photography will store the Client’s details on a private internal database. These details will not be made available to companies or individuals outwith Karen Thorburn Photography. The only exception to this is where the Client has requested a third party courier service. Karen Thorburn Photography will provide the Client’s postal address, email address and telephone number to a trusted courier so that the slides/negatives can be collected from and delivered to the Client at a convenient time.
21. Within ten (10) weeks of Karen Thorburn Photography receiving the slides/negatives from the Client, Karen Thorburn Photography will provide the Client with digital scans and return the original slides/negatives to the Client, if the Client has requested the return of the original slides/negatives.
22. After the digital files have been released to the Client, Karen Thorburn Photography will continue to store a copy of the digital files on an internal private database. If the Client loses their USB drive or it becomes damaged, Karen Thorburn Photography may be able to provide a replacement at a reasonable charge. However, Karen Thorburn Photography cannot guarantee that any copies of any digital files will continue to be available after the initial USB drive is provided to the Client and strongly recommends that the Client makes their own back-up copies of any digital photographs received.
23. Copyright (whether under the Copyright, Designs and Patents Act 1988 or otherwise) shall belong to the Client, or whoever captured the original slides/negatives.
24. Should Karen Thorburn Photography wish to use any of the digital files to promote Karen Thorburn Photography’s services including (without limitation) display, exhibition, competition, internet, television and/or and printed media publications for the promotion of Karen Thorburn Photography, Karen Thorburn Photography must receive permission from the client in writing or by email.
25. By completing this online form, the Client hereby agrees to enter into a contract with Karen Thorburn Photography as detailed above. This Contract is subject to normal terms and conditions as a written contract would be.
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