Terms and Conditions

Your data may be used by Russell Neal Photography to advise you of products, services and special promotions. We may contact you by post, telephone, SMS text or email.

Copyright

Any images or copies of images whether stored digitally or otherwise and any computer program including any source or object code, computer files or printed documentation relating to such images are protected by the Copyright, Designs and Patents Act 1988.

It is contrary to the Act to copy or allow to be copied photographically/electronically or by any other means an image created as part of this contract without the permission of The Photographer/s in writing.


Website Display & Promotional Usage

The client(s) hereby allow(s) the photographer to display any photograph covered by this contract and to generally promote the business in advertising, brochures, magazine articles, websites, sample albums etc.

The photographer will aim to keep these photographs safe from any malicious activity but cannot be held liable or accountable for malicious actions carried out by persons other than Robert Ashton Photography employees.


Force Majeure or Act of God

The photographer will endeavour to put the client(s) in touch with another photographer in the event they are unable to attend on the wedding date due to any cause beyond their reasonable control e.g. sudden illness, injury, victim of crime, flooding etc. In the event of cancellation by the photographer, or in the very unlikely event of total photographic failure, liability shall be limited to a full refund of any fees paid.


Law

These Terms and Conditions shall be governed and construed in accordance with the Laws of England.


Liability

The Photographer shall not be liable for indirect loss or third-party claims occasioned by delay in completing the work or for any loss to our customers arising from delay in transit. Where work is defective for any reason, including negligence, the photographer’s liability (if any) shall be limited to rectifying such defect.

Personal Accident Any directions issued to clients, their guests or employees during a photographic shoot are deemed to be at said persons own risk. The photographer cannot be held responsible for any personal accidents during a photographic shoot.


Licence

The Photographer shall be granted artistic licence in relation to the poses photographed, the location used and digital retouching. The Photographers’ judgement regarding the locations, poses and number of photographs taken shall be deemed to be correct.


Photographs and Images

All photograph and image sizes are nominal. The Photographer will provide a pleasing colour balance but cannot guarantee exact colour matching. In the case of part mono/part colour images, the colours used will be subject to the photographer’s artistic interpretation and will be deemed to be correct. All photographs supplied by Russell Neal Photography are produced to the highest standards using the best quality materials and latest processing techniques. However, all photographs will, in time, fade. This is particularly true if they are left in bright sunlight and are not behind glass.Russell Neal Photography cannot accept any responsibility for this gradual image deterioration. All pictures purchased are presumed to have been received in good condition unless the Client notifies Russell Neal Photography in writing of any discrepancy or error within 14 days of receipt.


Refund Policy

The photographer will not refund, nor accept the return of/refusal to pay charges for, any technically acceptable photograph supplied either in print or in electronic format. No exception can be made as we cannot be held responsible for individual tastes or exceptions.


Editing & Retouching

Retouching and artist finishing is available as an optional extra and the final output and finish of any image that is re-touched will be at the photographer’s discretion.
Storage of Images Original digital images are kept on an active file for three months, after which time the raw images are deleted.


Complaints

Any complaints should first be raised by the client with the photographer in writing within 21 days from the date of receipt of images.


Vouchers/ Gift Cards purchased on this site are for Family Photography Sessions.

  1. The voucher/gift card is valid until the date shown on the gift card, which is six months from the date of issue.
  2. A gift card may not be used in conjunction with any other discount or offer; it is not redeemable for cash or goods and may only be used as described.
  3. This gift card may not be used to purchase photographs from a previous studio session.
  4. The gift card is not transferable.
  5. Dates and times available for your photography session may vary please contact Russell Neal Photography for a booking time.
  6. At the time of booking your session, you may be asked to pay via, debit or credit card, PayPal or cheque.
  7. In the event of cancellation, please provide a minimum of 24 hours’ notice or a cancellation charge of £20.00 may be applied.
  8. Russell Neal Photography sessions do involve some physical activity, which is undertaken at your own risk.

Social media competitions.

  1. Any prize given as a voucher/gift card is valid until the date shown on the gift card, which is three months from the date of issue.
  2. A gift card may not be used in conjunction with any other discount or offer; it is not redeemable for cash or goods and may only be used as described.
  3. This gift card may not be used to purchase photographs from a previous studio session.
  4. The gift card is not transferable.
  5. Dates and times available for your photography session may vary please contact Russell Neal Photography for a booking time.
  6. Russell Neal Photography sessions do involve some physical activity, which is undertaken at your own risk.

Special Offers

  1. Special offers are not transferable, not exchangeable or redeemable in whole or in part for any cash equivalent.
  2. They cannot be used in conjunction with any other offer, remaining credit, promotion, referral voucher or gift certificate.
  3. Special offers are subject to availability.
  4. Outdoor locations are specified by the studio, we use specific locations with beautiful scenes for portraits.

Terms of website use

Please read these terms of use carefully before you start to use the site. By using our site, you indicate that you accept these terms of use and that you agree to abide by them. If you do not agree to these terms of use, please refrain from using our site.

Reliance On Information Posted & Disclaimer

The materials contained on our site are provided for general information purposes only and do not claim to be or constitute legal or other professional advice and shall not be relied upon as such.

We do not accept any responsibility for any loss which may arise from accessing or reliance on the information on this site and to the fullest extent permitted by English law, we exclude all liability for loss or damages direct or indirect arising from use of this site.


Information about us

http://www.russnealphoto.com is a site operated by Russell Neal.


Accessing our site

Access to our site is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on our site without notice (see below). We will not be liable if for any reason our site is unavailable at any time or for any period.


Intellectual property rights

We are the owner or the licensee of all intellectual property rights in our site, and in the material published on it.  Those works are protected by copyright laws and treaties around the world.  All such rights are reserved.

You may print off one copy, and may download extracts, of any page(s) from our site for your personal reference except any image, video or photograph. you may draw the attention of others within your organisation to material posted on our site.

You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

Our status (and that of any identified contributors) as the authors of material on our site must always be acknowledged.

You must not use any part of the materials on our site for commercial purposes without obtaining a licence to do so from us or our licensors.

If you print off, copy or download any part of our site in breach of these terms of use, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.


Our site changes regularly

We aim to update our site regularly, and may change the content at any time. If the need arises, we may suspend access to our site, or close it indefinitely. Any of the material on our site may be out of date at any given time, and we are under no obligation to update such material.


Our liability

The material displayed on our site is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, we, and third parties connected to us hereby expressly exclude:

  • All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity.
  • Any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our site or in connection with the use, inability to use, or results of the use of our site, any websites linked to it and any materials posted on it, including, without limitation any liability for:
  • loss of income or revenue;
  • loss of business;
  • loss of profits or contracts;
  • loss of anticipated savings;
  • loss of data;
  • loss of goodwill;
  • wasted management or office time; and for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable, provided that this condition shall not prevent claims for loss of or damage to your tangible property or any other claims for direct financial loss that are not excluded by any of the categories set out above.

This does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.

Information about you and your visits to our site

We process information about you in accordance with our privacy policy.  By using our site, you consent to such processing and you warrant that all data provided by you is accurate.


Viruses, hacking and other offences

You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack.

By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.

We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any material posted on it, or on any website linked to it.


Links from our site

Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only.  We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.  When accessing a site via our website we advise you check their terms of use and privacy policies to ensure compliance and determine how they may use your information.


Jurisdiction and applicable law

The English courts will have non-exclusive jurisdiction over any claim arising from, or related to, a visit to our site.

These terms of use and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.


Variations

We may revise these terms of use at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we made, as they are binding on you. Some of the provisions contained in these terms of use may also be superseded by provisions or notices published elsewhere on our site.


Payatrader / Payaprofessional

  1. The Payatrader service is fully compliant with all legal and regulatory requirements, including Payment Card Industry Data Security Standards (PCI DSS) and Data Protection
  2. All financial data is processed through their website, not the Russell Neal Photography website.
  3. Russell Neal Photography does not record any or hold any of your financial data.
  4. Any details taken over the phone for the purpose of payment are entered directly into the Payatrader secure virtual terminal for the purposes of taking payment – no record is kept by Russell Neal Photography after payment has been made
  5. At all times, Russell will ensure that the use of the Payatrader Virtual Terminal is carried out in a secure environment and that entry of details is not visible to any other person other than the user of the Payatrader Virtual Terminal.

Risk Assessments

Please click here for up to date risk assessment


Insurance Certificates

Please click here for 2016-17 Insurance certificate or here for 2017-18 Insurance certificate


Your concerns

If you have any concerns about material which appears on our site, please contact info@russnealphoto.com

 

The Photographer reserves the right to amend these Terms and Conditions without prior notice.

 

Thank you for visiting our site.