Terms and Conditions
1. Acceptance of Terms
These terms and conditions ("Terms") govern the use of product photography services provided by Pikshur Limited ("Company," "we," "us," or "our"). By accessing our services, you agree to abide by these Terms. If you do not agree with these Terms, please refrain from using our services.
2. Service Agreement
By engaging Pikshur Limited's product photography services, you agree to the terms outlined in this agreement, which constitute a legally binding contract between you and the Company.
3. Definitions
"The Client": means any individual, group of individuals, or entity which has entered into this agreement with Pikshur Limited.
4. Photography Services
4.1. We will provide product photography services as agreed upon, including image capture, editing, and delivery of final images. Any specific details or requirements must be communicated and agreed upon in writing before the commencement of services.
4.2. The scope of services, pricing, and payment terms will be outlined in a separate agreement or proposal provided by the Company.
5. Intellectual Property
5.1. All photographs, images, and content created by Pikshur Limited remain the intellectual property of the Company unless otherwise agreed upon in writing.
5.2. Clients are granted a non-exclusive license to use the final images for their intended purpose, as specified in the agreement. Any additional usage beyond the agreed scope requires prior written consent from Pikshur Limited.
6. Product Arrival and Condition
6.1. Goods to be shot must arrive at the studio no later than 24 hours before the scheduled shoot (where applicable).
6.2. All items delivered to Pikshur Limited must arrive in the condition that they are to be shot. Should there be any shortages or incorrect products delivered, we reserve the right to postpone the shoot until all correct items have been received. A charge of 20% of the total quoted job may be payable to Pikshur Limited should we incur loss of profit or studio downtime caused by the above.
7. Delivery of Images and Opening Hours
7.1. All turnaround times quoted are based on working days only.
8. Delivery & Return
8.1. The delivery and return of products are arranged by and charged at additional cost to the client and at the client’s own risk unless otherwise stated.
8.2. It is our client’s responsibility to make any claims to 3rd party couriers/Royal Mail for any loss or damage to their products to and from Pikshur Limited. We accept no responsibility once your goods have left our premises.
8.3. If the client wishes to have their product returned after the photography session, they must include a pre-paid postage slip with the shipment. Alternatively, the client will be invoiced for the cost of return shipping.
9. Ceasing of Service
The service provided by Pikshur Limited can be withdrawn at any time.
10. Payment
10.1. Images are sent to the client for approval (under the Approval Process in these Terms) as watermarked images. Once the client has approved images, the final unwatermarked images will only be released by Pikshur Limited upon full payment of all fees due in connection with a shoot (including any fees due for re-touching or otherwise).
10.2. Payment can be made by BACs transfer.
11. Unpaid Invoices
11.1. If payment is not made by the due date specified in our invoice, we reserve our statutory right to claim interest and compensation for debt recovery costs under the Late Payment of Commercial Debts (Interest) Act 1998.
11.2. We reserve the right to charge a fee of £20 for each account reminder, duplicate invoice, or any other correspondence, paperwork, or phone call involved with recovering a debt / unpaid invoice. This is non-refundable and represents time spent pursuing overdue invoices.
11.3. In addition, in the event of an unpaid invoice, Pikshur Limited reserves the right to revoke all discounts relating to this job (and/or any other jobs to be completed for a client) where invoices remain unpaid, making such discounts null & void and to revert to our full standard pricing structure appropriate to the job. We also reserve the right to suspend the provision of our services until payment of all overdue invoices has been paid to us in full and cleared funds.
11.4. If Pikshur Limited incurs any recovery costs due to the non-payment of the unpaid invoice, this is payable by the client.
12. Approval Process
12.1. Clients’ images are presented (in watermarked format) for approval, upon which they have 72 hours to make any comments known to Pikshur Limited ("Approval Period"). After the Approval Period has expired, Pikshur Limited assumes that the images have been approved. This will be deemed acceptance of the images as presented to the client, and we will issue our invoice. After the expiry of the approval period, we do not offer refunds against our photographic services and/or images.
12.2. If the client provides us with written notice (including by email) that it wishes for changes to be made to the images as presented, then we will endeavor to make such changes. If the client has raised an issue that the images do not comply with the brief and changes are required to ensure that the images comply with the brief, then such changes will be included in the price to be paid in respect of such images. If the client provides us with written notice (including by email) that they would like editing or alterations to be made to the images and/or re-shooting of the images, and this is outside the agreed brief, then Pikshur Limited shall be entitled to charge for such changes and/or re-shooting under these terms and conditions.
13. Resupply Images/ Image Changes
If we are requested to resupply any images after 30 days from the invoice date, this will be done at the Company’s discretion and fees may be incurred.
14. Shoot Cancellations
14.1. If a confirmed booking is subsequently cancelled, a cancellation fee may apply.
14.2. Upon cancellation, the client will be charged any expenses Pikshur Limited has incurred.
15. Insurance and Liability
15.1. It is the client’s responsibility to ensure that there is sufficient insurance cover for their products in transit to and from the studio
16. Model Release
16.1. If your product photography services involve models, you, as the client, are responsible for obtaining any necessary model releases for individuals appearing in the photographs. You indemnify Pikshur Limited against any legal claims related to the use of the images, including claims from models or their representatives.
17. Confidentiality
17.1. Both parties agree to keep any confidential information exchanged during the project confidential and not to disclose it to third parties.
18. Changes to Terms and Conditions
18.1. Pikshur Limited reserves the right to modify or update these terms and conditions at any time. Any changes will be effective upon posting on our website or through other appropriate communication channels.
19. Severability
19.1. If any provision of these terms and conditions is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
20. Waiver
20.1. Any failure by Pikshur Limited to enforce any rights or provisions of these terms and conditions does not constitute a waiver of those rights or provisions.
21. Entire Agreement
21.1. These terms and conditions constitute the entire agreement between the parties and supersede any prior agreements, understandings, or representations.
22. Electronic Communication
22.1. Both parties agree to communicate electronically. Electronic communications are considered valid and legally binding.
23. Law and Jurisdiction
23.1. These terms and conditions 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. Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising from these terms and conditions or its subject matter or formation (including non-contractual disputes or claims).