DARRYL RIXON PHOTOGRAPHY - Terms and Conditions of Business
The terms and conditions set out below (the “Conditions”) govern your relationship with ‘Darryl Rixon Photography’.
All orders placed via my website and accepted by me will be subject to the Conditions, which will form part of and will govern the contract between you and Darryl Rixon Photography. No variation of the conditions will be accepted unless they are agreed in writing and accepted.,You can request your specific amendment/s by CLICKING HERE and they will be given consideration and a reply within 7 days.
Booking Confirmation (MAUNAL SUBMISSION BY YOU) -
Upon receipt of your Manual Order Submission, I will call the Point of Contact to arrange a date and time to visit the location set out in your Order at which the Services are to be performed. If I receive your Order before 5pm, I will endeavour to make the call on that day. If I receive your Order after 5 pm, or at any time on a day which is not a weekday, I will endeavour to make the call on the next weekday following receipt of your Order. I will only make three attempts to call the Point of Contact and if i’m unable to make contact with the person, I will be unable to accept or confirm your Order.
Booking Confirmation (DIRECTLY SCHEDULED BY YOU) -
Your Order will be accepted by me when you receive an email confirming that your Order has been booked (the “Booking Confirmation”). Until you are in receipt of the Booking Confirmation email, there will not be a binding obligation between you and I. Any information on my website, or your filling in details or clicking any button or icon indicating you are making an Order does not and is not intended to, constitute a binding agreement between you and I. Only upon receipt of the Booking Confirmation email will I be entering into a binding Contract with you.
What is provided to you -
the Services will be supplied with reasonable care and skill;
the Deliverables will be of satisfactory quality and will be fit to use in marketing the property set out on the Order for sale or rent; and
in the case of floor plans, such floor plans will be drawn and measured in compliance with the RICS Code of Measuring Practice 6th edition published by the Royal Institution of Chartered Surveyors.
I will attempt to shoot & deliver as many photographs as possible, however when a limited number are delivered, this will be due to any of the non-exchaustive reasons; the layout of the property, room furnishings, overall presentation & untidy/messy areas not flattering to the composition of a photograph. Areas usually excluded are separate WC’s & rooms used for storage by the client for the photo shoot, lofts that are only accessible via a retractable ladder, i.e. only fixed staircase loft spaces will be included when requested or left to my discretion, whether to include or exclude. I will when viable supply any specific photography requests, however these aren’t guaranteed as there maybe many factors not considered by the agent that deems their request not a viable option.
Whilst I warrant to you that the Deliverables will be of satisfactory quality and will be fit to use in marketing the property set out on the Order for sale or rent, it is your responsibility to ensure that you comply with all statutory obligations in relation to the sale or renting out of property, including the Property Misdescriptions Act 1991 and the Property Misdescriptions (Specified Matters) Order 1992 and I will not be liable to you in relation to any false or misleading information about specified aspects of land or property that are offered for sale or rent.
I shall, at my option, remedy, re-perform or refund the Services that do not comply with your Services Order, provided that:
you provide notice in writing no later than five Business Days from the date of receipt of the deliverables
such notice specifies that some or all of the Services or Deliverables do not comply with your Services Order and identifies in sufficient detail the nature and extent of the defects; and
you give me a reasonable opportunity to examine the claim of the defective Services and/or Deliverables.
Deliverables -
I offer no guarantee of the total number of images delivered or shot as there are many factors outside of my control that may determine the final deliverables being less than ideal due to; failure to prepare the property/rooms/spaces for the photo shoot, security, health & safety, attendees who don’t reside at the property, an occupied space, use of a bathroom(s) for the purpose of a shower/bath or a bowel movement. Therefore, when viable priority is always given to assisting with moving items to improve an image composition over obtaining shots of every internal & external room or space.
I will make every effort to deliver your order within 24 hours for photos only, 48hrs when a floor plan is required & 72Hrs when more than two separate services are required i.e. photos, floor plan & video tour. Delivery dates are given as an estimate only and I shall not be held responsible for any problems, difficulties or loss arising from any delay. Delivery of the work shall be deemed delivered when it leaves the my possession or custody. Once the deliverables are supplied to the Agent, via an electronic download link, I’m under no obligation to store copies. It is the responsibility of the Agent to back up and store all deliverables. Where replacement photos are available and requested by the Agent or a third party acting on its behalf I reserve the right to make a reasonable administration charge for this service.
UK General Data Protection Regulation (UK GDPR), tailored by the Data Protection Act 2018.
I follow the GDPR rules and it is required that you equally follow the rules and that you are authorised to provide your clients contact details to me to communicate & confirm an appointment and not limited to name, address, telephone numbers and emails.
Client Contact Information -
When requesting or scheduling an appointment on an occupied property, the clients name & telephone is required, when an email is additionally supplied, I will send out an appointment confirmation & reminder notifications with detailed instructions on preparing the property for the photo shoot.
When scheduling an appointment you are requesting that I attend a property without any prior knowledge of it or the owners/landlord/tentant. Therefore it is important that the information submitted is correct & fulfilled as listed on the booking form. In the event that as a minimum the correct contact name & telephone number hasn’t been supplied, I reserve the right to refuse to conduct the appointment, due to security, unless the agent is present or a prior agreement has been made with me.
Excess Travel Fees -
The Services fees covers travel up to 5 miles radius of the assigning office. In excess of 5 miles there will be a £2.00 per mile surcharge added to the assignment fee.
Working Environment -
When multiple professionals (agent, DEA etc) are in attendance at the same time of my appointment, this makes it difficult to carry out my preferred workflow without distractions and increases the risk of my equipment being damaged, this will also often reduce the quality and quantity of the deliverables.
Option To Purchase Additional Services -
When viable, I may decide to supply additional add-on services not already pre-ordered by you, to enhance the marketing and they will be free from any fee until such time you decide whether to proceed with a download/purchase now or sometime in the future.
Operational Days/Hours -
My operational days/hours are Monday to Sunday*, 8am to 8pm during April to September & restricted hours of 8am to 4pm, during October to March.
Sundays/Bank Holidays* appointments are subject to a +25% surcharge, applied to the photos fee only, all other services are excluded from the surcharge.
Complex Photoshop Works -
Any complex photoshop works requested are subject to additional fees based on its complexity and is time based at a rate of £0.75 per minute with a minimum fee of £5.00 and not exceeding £25.00 per photo unless pre-authorised.
Service Upgrade or Downgrade -
Any upgrade of a service is subject to my availability & the rescheduling of other appointments to accommodate being viable/acceptable plus a fee of +50% of the specific upgrade service will be applied & in the event of a downgrade to a previously booked service a fee of -50% will be applicable for the specific downgraded service. If you cancel the appointment & rebook it as a way of avoiding the downgrade or upgrade fee you will still be liable for 50% of the assignment fee & any qualifying cancellation fees.
Keys Access -
Prior to the appointment date/time when access is via keys, the Agent should check that they work and can access all areas required to complete the assignment and if not part or all of the assignments might not be completed and maybe subject to a fee as per my terms & conditions relating to unobtainable access. I also confirm if access to the outside space is required via a key that is not supplied with the set of keys or not easily found or their location not supplied may result in this area being omitted from the assignment.
Copyright & License -
I hereby allow the Agent or the paying client if the property owner, use of the copyright photographs or videos, for the purposes of advertising and marketing the property or their business. I retain the copyright in all cases and am able to use the photographs or videos in any manner at any time and in any part of the world for the purposes of advertising, selling a licensed copy for private use, complying photo books or otherwise promoting my photography business. The allowance doesn't include the distribution by the Agent to the property owner or any connected participants. Any unauthorised distribution resulting in the download or screenshot of any or all of the images will therefore qualify as a copyright infringement.
Floor plans -
Floor plans are for illustrative purposes only. Measurements and areas shown are approximate. I aim to provide plans that are accurate and correctly represent the rooms within the property. I do not, however, provide any guarantees, warranty or representation as to the total accuracy and completeness of the floorplan. Anyone relying on the information provided in the floorplan should conduct a careful, independent investigation of the property to determine the suitability of the property for their requirements.
The floor plan will include all areas and additions requested by a client as long as its safe to do so. Areas not drawn are lofts that are only accessible via a retractable ladder, i.e. only fixed staircase loft spaces will be included when requested or left to the photographers decision, whether to include or exclude.
Measurements can vary between previously marketed floorplans and/or domestic energy assessors calculations. As these parties measure diffidently, it is therefore not guaranteed that their measurements/calculations are correct and it shouldn’t be assumed that the floorplan I supply is inaccurate. Should a request to confirm/check the validity a floorplan be found to not have any errors, then an administration of £25.00 will be applied for the time spent researching & validating its accuracy.
Payment (Invoice) -
I will invoice you for the Services and the Deliverables at the end of each 7 day period.
You shall pay all invoices:
(1) in full without deduction or set-off, in cleared funds within 14 days of the date of each invoice; and
(2) to the bank account nominated by me.
Time of payment is of the essence. Where any sums due under the Contract are not paid in full by the due date:
(1) I may, without limiting our other rights, charge interest on such sums in accordance with the Late Payment of Commercial Debts (Interest) Act 1998 or, in circumstances were that act does not apply, we may charge interest at 8% a year above the base rate of the Bank of England from time to time in force, and
(2) interest shall accrue on a daily basis, and apply from the due date for payment until actual payment in full, whether before or after judgment.
Payment (discounted) -
I will invoice you for the Services and the Deliverables at the point of delivery.
You shall pay all invoices:
in full without deduction or set-off, in cleared funds prior to the download being activated; and
to the bank account nominated by me.
Time of payment is of the essence. Where any sums due under the Contract are not paid in full by the due date:
I may, without limiting our other rights, charge interest on such sums in accordance with the Late Payment of Commercial Debts (Interest) Act 1998 or, in circumstances were that act does not apply, we may charge interest at 8% a year above the base rate of the Bank of England from time to time in force, and
interest shall accrue on a daily basis, and apply from the due date for payment until actual payment in full, whether before or after judgment.
Payment (client/vendor) -
I will invoice you client/vendor for the Services and the Deliverables at the point of delivery.
They shall pay all invoices:
in full without deduction or set-off, in cleared funds prior to the download being activated; and
to the bank account nominated by me.
Time of payment is of the essence. Where any sums due under the Contract are not paid in full by the due date:
if payment hasn’t been received within 7 days from the client/vendor, the default the fee will be transferred & invoiced to the agent as per the following:
per calendar month defaulted client payments due 1st = 50%, 2nd = 60%, 3rd = 70%, 4th = 80%, 5th = 90% & 6th+ = 100% of the total or balance of the fee due.
in the event the client/vendor makes payment after the fee has been transferred to the agent, then the amount received will be credited to the agent.
I may, without limiting our other rights, charge interest on such sums in accordance with the Late Payment of Commercial Debts (Interest) Act 1998 or, in circumstances were that act does not apply, we may charge interest at 8% a year above the base rate of the Bank of England from time to time in force, and
interest shall accrue on a daily basis, and apply from the due date for payment until actual payment in full, whether before or after judgment.
Abortive Access Fee -
In the event that a property is inaccessible, keys not working/alarm code incorrect etc/client not present an administration fee of 50% of the total assignments fee will be applicable.
Reschedule Fee -
In the event that an appointment is rescheduled within 24hrs of the appointment date/time an administration fee of 25% of the total assignments fee will be applicable.
Cancellation Fee -
In the event that an appointment is cancelled within 24hrs of the appointment date/time an administration fee of 50% of the total assignments fee will be applicable.
Keys Collection/Return -
A key collection property will be left as found and should any doors or windows not be safely secured the Photographer will make reasonable attempts to advise the Agent and seek their instructions. Keys collected will be returned as quickly as possible and no later than 9am the following day of the appointment. If the Agency is closed the keys will be posted through the Estate Agency letterbox or alternative secure location as per any advisory.
Insurance -
I will take all reasonable care entrusted to me by you, the Agent, to carry out the Services Ordered and have the required Public Liability Insurance to cover for any losses or damages.
Selling Services to your Clients -
I reserve the right to offer your client(s) any related professional photography services as an upgrade if not previously ordered by you when booking an assignment.
Indemnification -
The Agent will indemnify and defend the Photographer against all claims, liability, damages, costs, and expenses, including reasonable legal fees and expenses, arising out of the creation or any use of the photos or materials furnished to the Agent.
Law of England & Wales -
If any part of these Terms and Conditions is found to be void or unenforceable the rest of the Terms and Conditions will still remain in full force. For the purpose of any dispute arising these Terms and Conditions will be governed by the laws of England and Wales.