Terms and Conditions

1. The placing of an order by the Client and the acceptance of that order by Wyvern Photography brings into being a contract on Wyvern Photographys' terms and conditions only and as detailed in the following paragraphs.

2. All orders shall be in writing on the Client’s official order or letterhead, and shall be signed by the Client or, in the case of a firm or company, by a responsible person representing the Client.

3. In the event of Wyvern Photography accepting an order given orally, the Client shall confirm such order in writing as soon as practicable and, in the absence of written confirmation, Wyvern Photography shall accept no liability for any error in executing the order

4. Wyvern Photography reserves the absolute right to refuse to accept any order whatsoever and for whatever reason, and particularly in cases where Wyvern Photography has reason to believe that acceptance and execution of the order will lead to a breach by Wyvern Photography of the laws of obscenity, libel or copyright, or to the aiding, abetting or condoning of such a breach by any other party.

5. Cancellation.
5.1 In the event of the Client cancelling a commission, Wyvern Photography reserves the right to charge a cancellation fee of 50% of agreed fee, plus any additional charges made by Models, Stylists, Set Builders and other third party contractors.

6. Prices & Payments.
6.1 Prices
6.11 The price payable by the client for the execution of any order shall be in accordance with Wyvern Photographys’ price list ruling at the time of acceptance of the order. Wyvern Photography reserves the right to alter its price in the event of unexpected or additional charges or fees incurred by Wyvern Photography.

6.12 The price list published is exclusive of Value Added Tax. VAT at the current rate will be added to all charges.

6.2 Payments
6.21 The Client shall settle all accounts in full within 14 days of the date of the invoice. Payments not made within 14 days shall be subject to a penalty of 8% +VAT. Any payment not received within 30 days of invoice date shall be referred to the small claims court.

6.22 Settlement of account invoices shall be by cash or cheque only. Cash accounts are payable by cash, all cheques shall be made payable to Wyvern Photography. In the event of a cheque not being honoured on first presentation, for whatever reason, Wyvern Photography reserves the right to charge an administration fee of £50 plus VAT, and a further £50 plus VAT for each subsequent re-presentation of the cheque.

7.Copyright.
7.1 Original Photography
7.11 The copyright in all original photography created by Wyvern Photography shall be and shall remain the property of Wyvern Photography in accordance with the Copyright, Designs and Patents Act 1988

7.2 Clients Licence
7.21 Wyvern Photography grants to the Client, at no additional charge, a licence to reproduce the images for there own purposes for a period of three years from the date of invoice. Images may not be sold to a third party without the written consent of Wyvern Photography.
The copyright licence will come into effect only upon receipt of payment.

7.3 Credit and By-line
7.31 The client acknowledges that ownership of physical materials, such as prints, transparencies or disks, does not imply copyright in the images on them (which remains the property of Wyvern Photography).

7.32 The Client hereby agrees that any photographs taken by Wyvern Photography may be submitted to any photographic exhibition or competition, or to any newspaper, magazine or other periodical with a view to publication, displayed in a portfolio of work or otherwise used by Wyvern Photography for promotional purposes.

8. Liability
8.1 Wyvern Photography will take all reasonable care in the handling of all property belonging to, or lawfully in the possession of, the Client. The liability of Wyvern Photography for loss of or damage to such property, however caused, shall be limited to a maximum of £50 (exclusive of VAT) per commission. Wyvern Photography shall not be liable for any consequential losses, special damages, or other indirect losses, howsoever arising.

8.2 It shall be the responsibility of the Client to ensure adequate and appropriate insurance cover for any property deposited with Wyvern Photography for the purposes of the commission or in transit to or from Wyvern Photography.

8.3 Indemnity
8.31 The Client shall indemnify Wyvern Photography against all third party actions, costs damages and other claims of whatever nature arising out of the execution of the commission in accordance with the Client’s instructions

9. Data Protection act 1998
9.1 Wyvern Photography are exempt from notification of the above act. However, Every effort is taken to abide by the eight principles of the act.

10. Delivery
10.1 Delivery of completed orders will be by Wyvern Photography personnel, or by Royal Mail guaranteed delivery requiring a signature. In the event of the Client requesting that material be delivered by courier, Wyvern Photography will pass this additional charge to the Client.

10.2 Wyvern Photography shall not be liable for any damage to, discrepancies in or shortages of delivered materials unless notified by the Client within 48 hours of Delivery. If Wyvern Photography is so notified within 48 hours, all materials delivered, together with all associated paperwork, shall be returned to Wyvern Photography as soon as practicable.

For further information please contact Paul J. Lashmar of Wyvern Photography on 07808 635955