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Louise Beale Photography Terms & Conditions.  Issue 1.  Effective from 1st June 2010

1.  Amendments - We reserve the right to amend these Terms & Conditions from time to time, if we do so, the updated version will be effective as soon as it is uploaded on to this Website.  The date of the last revision is provided at the start of the Terms & Conditions and we recommend that you visit the Terms & Conditions each time you visit  the Louise Beale Photography website to ensure that you are aware of and are complying with any changes that we have made.  If you continue to use the Website you will be deemed to have accepted those changes from the point at which these changes come into effect.

2. Conditions - All orders/bookings are accepted by Louise Beale Photography subject to and in accordance with these Terms & Conditions.  These Terms & Conditions override and exclude any terms or conditions set out in the Customer’s standard terms and conditions.  No variation to these Terms & Conditions is permitted unless expressly authorised in writing by Louise Beale Photography.  Together with any terms accepted by Louise Beale Photography in connection with an order, these Terms & Conditions constitute the entire agreement between Louise Beale Photography and the Customer in relation to the order/booking.    

3. Prices – All prices are in £ sterling.  Louise Beale Photography reserves the right to change its prices or withdraw an item from sale without notice at any time.  Prices charged for services will be those prevailing when an order / booking is accepted.  Prices charged for print products services will be those prevailing when a product order is placed.

4. Payment - Payment is to be in accordance with the Payment Details specified on the Louise Beale Photography website at the time of order / booking.  We will accept payment from third parties, however the contract is considered to be with the person who placed the order.

5. Right to Decline – Louise Beale Photography reserves the right to decline to trade with any company or person.

6. Print & Products, Orders & Delivery - Print and product orders are supplied by Photobox.co.uk and are dispatched in accordance with the delivery specifications and the Terms and Conditions of Photobox.co.uk as detailed on the Photobox.co.uk website.  As such Louise Beale Photography shall not be liable for any defect in the supplies or for any non-delivery of Goods.  All specifications, drawings, illustrations, descriptions and particulars or other details contained on this website are intended to give a general idea of the supplies, but will not form part of any Contract.  Louise Beale Photography shall take all reasonable steps to ensure the accuracy of details relating to supplies, but accepts no liability in contract or tort or under statute or otherwise for any error or omission in such detail whether caused by Louise Beale Photography’s negligence or otherwise.  Louise Beale Photography may make changes to the Supplies as part of a continuous programme of improvement or to comply with legislation.

7.  Loss - In the very unlikely event of photographs being lost, destroyed or otherwise incapable of being provided there will be a full refund of any monies paid.  The customer agrees to this being the full extent of any claim against the photographer.

8. Intellectual property rights – “Louise Beale Photography” and the  symbol are protected by copyright (along with other content and images of this web site) and are also trade marks of Louise Beale.  All rights for reproduction of photographs remain entirely with the photographer. The images will always be legally owned by the photographer.  The customer may purchase and own prints from the photographer but these may not be scanned, photographed or copied in any way.  CD images supplied may be used for personal / business usage but may not be given, sold or used for profit in any way without seeking copyright permission from the Photographer.  The photographer may use any images he has taken for his own promotional use.  The photographer may place any images on his internet web site for the purpose of making them available for viewing by family, friends, those who attended the event and enabling them to place orders.  The photographer may place any images on his internet web site for promotional use but, where the images are of children, will only do so with the permission of the parents.  

9. Force majeure – Louise Beale Photography shall not be liable to the Customer in any manner or be deemed to be in breach of these Conditions because of any delay in performing or any failure to perform any of Louise Beale Photography's obligations under these Conditions if the delay or failure was due to any cause beyond Louise Beale Photography's reasonable control (which shall include, but not be limited to government actions, war, fire, explosion, flood, import or export regulations or embargoes, labour disputes or inability to obtain or a delay in obtaining supplies of Goods or labour).  Louise Beale Photography may, at its option, delay the performance of, or cancel the whole or any part of a Contract.

10. Legal construction - All Contracts shall be governed by and interpreted in accordance with English law and the Customer submits to the jurisdiction of the English Courts, but Louise Beale Photography may enforce such Contract in any court of competent jurisdiction.

11.  Booking Information - We require name, address, telephone number and email address for each customer, preferably at the time of booking, but at least 2 weeks in advance of the session date.

12.  Cancellation – We reserve the right, where necessary, to cancel your booking at any time prior to 4 weeks before your start date.  In this last case we will offer you a full refund.  Louise Beale Photography will only cancel the booking within 4 weeks of the start date for reasons beyond our control.  If we cancel your booking our only liability to you will be to refund promptly all monies paid by you to us in respect of the booking.

13. Consequential loss – Louise Beale Photography shall not under any circumstances be held liable for loss, injury or damages to the purchaser or any third party or their property in respect of any claims arising from work carried out by Louise Beale Photography.  

14. Privacy – We are committed to protecting and safeguarding your privacy.  We will only use the information that we collect about you lawfully (in accordance with the Data Protection act 1998).  We may disclose information about you to any of our employees, officers, agents, suppliers or subcontractors insofar as reasonably necessary for the purposes of the function of Louise Beale Photographys business.  In addition, we may disclose information about you: to the extent that we are required to do so by law; in connection with any legal proceedings or prospective legal proceedings; in order to establish, exercise or defend our legal rights (including providing information to others for the purposes of fraud prevention and reducing credit risk).  Except as provided in this policy, we will not provide your information to third parties.  We will take reasonable technical and organisational precautions to prevent the loss, misuse or alteration of your personal information.  We will store all the personal information you provide on our secure servers.  We cannot guarantee the security of data sent over the internet.  Louise Beale Photography shall not, under any circumstances, be held liable for any claim resulting in the release of any information to a third party, relating to work carried out by Louise Beale Photography.

15. Use of Website - Your use of the Louise Beale Photography website(s) and any dispute arising out of such use of the website(s) is subject to the laws of the UK.  Louise Beale Photography reserves the right to remove any information deemed inappropriate or infraction of these terms of use at its sole discretion.  Louise Beale Photography also reserves the right to terminate the access of any person to our services without notice, at any time, for any reason.

16.  Links to Other Websites - The Louise Beale Photography website(s) may also include links to other websites.  These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s).

17.  Indemnity - The Customer shall indemnify, defend, and hold harmless Louise Beale Photography, its officers, employees and agents from and against any and all liability, loss, damage, expense, costs (including, without limitation, costs and fees of litigation) of every nature arising out of or in connection with customer's failure to comply with any of its obligations herein contained, except for such loss or damage which was caused by the sole negligence or willful misconduct of Louise Beale Photography, its officers, employees and agents provided however, that the Louise Beale Photography shall nevertheless have the right, if it so elects and notifies the customer, to participate at the Louise Beale Photography’s expense in the defence of any such suit or suits in which it may be a party, without relieving customer of the obligation to defend the same.

18. General - Any provision of these Terms & Conditions which is held by any competent authority to be invalid, void, voidable, unenforceable or unreasonable (in whole or in part) shall to the extent of such invalidity, voidness, voidability, unenforceability or unreasonableness be deemed severable and the other provisions of these Terms & Conditions and the remainder of such provision shall not be affected.  Failure by Louise Beale Photography to enforce or partially enforce any provision of these Terms & Conditions will not be constrained as a waiver of any rights under these Terms & Conditions.  Louise Beale Photography must be given the opportunity to put right any failure of service and will not cover the costs of any third parties contracted by the customer in respect of any dispute or expert investigations regarding such matters.

End of Louise Beale Photography Terms and Conditions

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