Terms of Web Site Use.

Your use of the Xpressions Studio Photography website (the “www.xpressionsstudio.co.uk”) constitutes your acceptance of these terms and conditions of use. If you have not already done so, please take some time to familiarize yourself with the terms. By accessing the site, you are agreeing to be bound by these site terms of use, all applicable laws and regulations and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, do not use this site.

Disclaimer and Copyright

Copyright

All information, text, documents, materials, graphics, photography, designs, logos, layouts, icons and computer codes (collectively, “content”) of this site is (and shall continue to be) owned exclusively by Xpressions Studio Photography and is protected under applicable copyrights, patents, trademarks, and/or other proprietary intellectual property rights. The copying, redistribution, use or publication of any such content, or any part of this site, are prohibited. Under no circumstances will you acquire any ownership rights or other interest in any content by or through your use of this site.

Disclaimer

The information on this site is provided solely for users’ general knowledge and is provided “as is”. Xpressions Studio Ltd hereby grants you a limited, non- transferable, non-exclusive right to access and use of the site solely for your personal use to find out information about our company and our business. You may not modify, copy, distribute, transmit, display, publish, or create derivative works from the Information or use the Information for any commercial purpose whatsoever.

There is no warranty, representation or guarantee with respect to the accuracy, timeliness or completeness of the information. The information may not always be the most current source for information. Xpressions Studio Ltd does not warrant that the site and/or the information will be free from errors, defects, program limitations, viruses or other harmful components or that the site and the information will be accessible and perform in accordance with your expectations. The use of the site is at your own risk.

What is this Privacy Policy for?

This privacy policy is for this website [www.xpressionsstudio.co.uk] and served by [Xpressions Studio Ltd] and governs the privacy of its users who choose to use it.

The policy sets out the different areas where user privacy is concerned and outlines the obligations & requirements of the users, the website and website owners. Furthermore the way this website processes, stores and protects user data and information will also be detailed within this policy.

The Website

This website and its owners take a proactive approach to user privacy and ensure the necessary steps are taken to protect the privacy of its users throughout their visiting experience. This website complies to all UK national laws and requirements for user privacy.

Use of Cookies

This website uses cookies to better the users experience while visiting the website. Where applicable this website uses a cookie control system allowing the user on their first visit to the website to allow or disallow the use of cookies on their computer / device. This complies with recent legislation requirements for websites to obtain explicit consent from users before leaving behind or reading files such as cookies on a user’s computer / device.

Cookies are small files saved to the user’s computers hard drive that track, save and store information about the user’s interactions and usage of the website. This allows the website, through its server to provide the users with a tailored experience within this website.

Users are advised that if they wish to deny the use and saving of cookies from this website on to their computers hard drive they should take necessary steps within their web browsers security settings to block all cookies from this website and its external serving vendors.

This website uses tracking software to monitor its visitors to better understand how they use it. This software is provided by Google Analytics which uses cookies to track visitor usage. The software will save a cookie to your computers hard drive in order to track and monitor your engagement and usage of the website, but will not store, save or collect personal information. You can read Google’s privacy policy here for further information [ http://www.google.com/privacy.html ].

Other cookies may be stored to your computers hard drive by external vendors when this website uses referral programs, sponsored links or adverts. Such cookies are used for conversion and referral tracking and typically expire after 30 days, though some may take longer. No personal information is stored, saved or collected.

Contact & Communication

Users contacting this website and/or its owners do so at their own discretion and provide any such personal details requested at their own risk. Your personal information is kept private and stored securely until a time it is no longer required or has no use, as detailed in the Data Protection Act 1998. Every effort has been made to ensure a safe and secure form to email submission process but advise users using such form to email processes that they do so at their own risk.

This website and its owners use any information submitted to provide you with further information about the products / services they offer or to assist you in answering any questions or queries you may have submitted. This includes using your details to subscribe you to any email newsletter program the website operates but only if this was made clear to you and your express permission was granted when submitting any form to email process. Or whereby you the consumer have previously purchased from or enquired about purchasing from the company a product or service that the email newsletter relates to. This is by no means an entire list of your user rights in regard to receiving email marketing material. Your details are not passed on to any third parties.

Email Newsletter

This website operates an email newsletter program, used to inform subscribers about products and services supplied by this website. Users can subscribe through an online automated process should they wish to do so but do so at their own discretion. Some subscriptions may be manually processed through prior written agreement with the user.

Subscriptions are taken in compliance with UK Spam Laws detailed in the Privacy and Electronic Communications Regulations 2003. All personal details relating to subscriptions are held securely and in accordance with the Data Protection Act 1998. No personal details are passed on to third parties nor shared with companies / people outside of the company that operates this website. Under the Data Protection Act 1998 you may request a copy of personal information held about you by this website’s email newsletter program. A small fee will be payable. If you would like a copy of the information held on you please write to the business address at the bottom of this policy.

Email marketing campaigns published by this website or its owners may contain tracking facilities within the actual email. Subscriber activity is tracked and stored in a database for future analysis and evaluation. Such tracked activity may include; the opening of emails, forwarding of emails, the clicking of links within the email content, times, dates and frequency of activity [this is by no far a comprehensive list].

This information is used to refine future email campaigns and supply the user with more relevant content based around their activity.

In compliance with UK Spam Laws and the Privacy and Electronic Communications Regulations 2003 subscribers are given the opportunity to un-subscribe at any time through an automated system. This process is detailed at the footer of each email campaign. If an automated un-subscription system is unavailable clear instructions on how to un-subscribe will by detailed instead.

External Links

Although this website only looks to include quality, safe and relevant external links, users are advised adopt a policy of caution before clicking any external web links mentioned throughout this website. (External links are clickable text / banner / image links to other websites, similar to; Album Art or Photographers In UK.)

The owners of this website cannot guarantee or verify the contents of any externally linked website despite their best efforts. Users should therefore note they click on external links at their own risk and this website and its owners cannot be held liable for any damages or implications caused by visiting any external links mentioned.

Adverts and Sponsored Links

This website may contain sponsored links and adverts. These will typically be served through our advertising partners, to whom may have detailed privacy policies relating directly to the adverts they serve.

Clicking on any such adverts will send you to the advertisers website through a referral program which may use cookies and will track the number of referrals sent from this website. This may include the use of cookies which may in turn be saved on your computers hard drive. Users should therefore note they click on sponsored external links at their own risk and this website and its owners cannot be held liable for any damages or implications caused by visiting any external links mentioned.

Social Media Platforms

Communication, engagement and actions taken through external social media platforms that this website and its owners participate on are custom to the terms and conditions as well as the privacy policies held with each social media platform respectively.

Users are advised to use social media platforms wisely and communicate / engage upon them with due care and caution in regard to their own privacy and personal details. This website nor its owners will ever ask for personal or sensitive information through social media platforms and encourage users wishing to discuss sensitive details to contact them through primary communication channels such as by telephone or email. This web site does track your visit via a Facebook pixel so that promotions and information we post on Facebook becomes relevant to you.

This website may use social sharing buttons which help share web content directly from web pages to the social media platform in question. Users are advised before using such social sharing buttons that they do so at their own discretion and note that the social media platform may track and save your request to share a web page respectively through your social media platform account.

Shortened Links in Social Media

This website and its owners through their social media platform accounts may share web links to relevant web pages. By default some social media platforms shorten lengthy urls [web addresses] (this is an example: http://bit.ly/zyVUBo).

Users are advised to take caution and good judgement before clicking any shortened urls published on social media platforms by this website and its owners. Despite the best efforts to ensure only genuine urls are published many social media platforms are prone to spam and hacking and therefore this website and its owners cannot be held liable for any damages or implications caused by visiting any shortened links.

XPRESSIONS STUDIO LTD TERMS AND CONDITIONS – General Contract – Weddings, Events & Portraits 2017/2018 

1) DEFINITIONS
a) For the purpose of these Terms and Conditions “the photographer” is John McHale or Debbie McHale trading as “Xpressions Studio Ltd”

2) TRAVEL EXPENSES – Portrait, wedding, commercial, and event photography.
a) Any additional charges incurred, will be recovered from the client.
b) No additional traveling expenses will be incurred unless previously stated.
c) Xpressions Studio Ltd will recover the cost of reasonable travel expenses (e.g. petrol) where the photo shoot (e.g. wedding ceremony, portrait session, commercial or event shoot) is at a distance of 25 miles or greater from our base. It may be necessary to travel on the evening prior to the photo shoot to avoid traffic or other problems associated with travel, it may also be necessary to stay overnight where a photo shoot for whatever reason runs late. The cost of accommodation shall be reimbursed from the client with regards to late and distant photo shoots. Charges are 75p per mile.
d) Food and beverages must be provided to all accompanying photographers where attendance is over 6 hours duration.

3) PAYMENT – For photography and products.
a) All payments are payable to “Xpressions Studio Ltd”. Credit cards carry an additional 2.5% charge, to avoid this use debit cards or Bacs payments.
b) Final agreed amount will depend upon the precise requirements of the applicant and booking form details.
c) As per the booking form a reservation fee/deposit is required at the time of booking, once cleared, Xpressions Studio Ltd will be the sole photographer for your wedding day/event. Any reservation fees/payments paid are non-refundable under any circumstances. Xpressions Studio Ltd cannot hold your wedding day/ event date without payment of the reservation fee/deposit.
d) For wedding photography, the final balance is payable 1 month prior to the wedding date. It is the responsibility of the client to pay when monies are due. Any payments made are non-refundable. Non-payment of the final balance 1 month prior to the wedding date constitutes a breach of contract from the client. Any previous contract will become null and void.
e) All prices quoted and packages are subject to change. Prices are adjusted periodically; future bookings will be priced at the time of booking.
f) Future re-orders will be charged at the present days prices.
g) Bounced cheques shall incur a £25.00 charge.
h) Shipping charges will apply where necessary. There will be a £15.00 charge for all deliveries on extra albums and prints that are additional to the agreed package. Individual orders incur separate charges. Main wedding albums must be collected in person.
i) Photography time over the agreed time will be charged at £95.00 per hour and invoiced to the client.
j) In the unlikely event that your product(s) are damaged or defective upon arrival at the given address, you are entitled to return your product(s), which must be received by Xpressions Studio Ltd within 7 days of you receiving them for an exchange (excluding digital images or digital media). Please notify Xpressions Studio Ltd by phone or email and return to the studio address via recorded delivery. You must provide proof of postage. If faulty due to manufacture, Xpressions Studio Ltd will replace your product immediately. If you return a product that is found not be faulty or appears to have been damaged by misuse then Xpressions Studio Ltd reserves the right to return the product to you.

4) EXCLUSIVITY

a) Xpressions Studio Ltd shall be the exclusive photographer retained by the client for the full venue.
b) Family and friends are permitted to take photographs as long as they do not disturb or disrupt or interfere with the photographer’s duties.
c) The photographer has the right to kindly ask the person obstructing to refrain from doing so, in order for Xpressions Studio Ltd to carry out their duties.
d) Guests are not permitted to take photographs of poses arranged by the Xpressions Studio Ltd photographer(s). Should Xpressions Studio Ltd photographers consider a guest or third party to be deliberately photographing an excessive amount of arrangements made by him/her then Xpressions Studio Ltd photographers reserve the right to stop photographing and cease further coverage of the event.
e) It is our duty to provide you with our distinctive style and service.
f) Any breach of this agreement will constitute a reason for non-completion of the job with no liability to Xpressions Studio Ltd or the photographer.
g) Xpressions Studio Ltd reserves the right to use your images for any form of advertising to promote the company. Web based promotions, brochures, galleries, event stands, display albums, frames and professional competitions apply. This clause can be removed if requested before commencement of your commisioned photography.
h) The use of photography devices by the client is not permitted in the studio without exception. Failure to comply will result in termination of the session and request to leave the studio without refund of any monies paid.

5) EVENT

a) Adequate space should be supplied to Xpressions Studio Ltd as per the booking form in order for photography to take place. This is to include space for backdrops, lights and sales desk. Electrical points should also be made accessible for setup with power costs use being covered by the event organisers. Xpressions Studio Ltd will not be held responsible for photographic failure or supply due to inadequate conditions being supplied.

6) QUALITY

a) Xpressions Studio Ltd will not be held responsible for damage of albums, prints and other products that were dispatched undamaged.
b) Xpressions Studio Ltd will not be liable for degradation of images due to poor handling and insufficient care.
c) All albums need to be kept at room temperature, stored in a box, away from heat, excess humidity and direct sunlight. Xpressions Studio Ltd accepts no liability for incorrectly stored albums, prints and images. In the case of mishandling or negligence albums may be repaired or replaced at the client’s expense.
d) Xpressions Studio Ltd cannot be held responsible for images and photography sessions being disrupted by adverse/unfavourable weather conditions, or inadequate space being made available for photography. This limitation shall also apply in the event that photographic materials/equipment are damaged, lost, or stolen. It shall also apply in the case of camera malfunction or any other damage without fault of Xpressions Studio Ltd.
e) Xpressions Studio Ltd shall not be liable for any amount in excess of the retail value of your package.
f) Xpressions Studio Ltd may substitute photographers to take photographs at your wedding/event in the event of the photographer’s serious illness.
g) All re-orders shall be an extension of this contract. All re-orders must be paid for in full prior to orders being dispatched.
h) Xpressions Studio Ltd will not be held responsible for the lack of coverage caused by the bride and groom, wedding party, or guests not being on time or interfering or restricting the photographer’s duty.
i) Xpressions Studio Ltd will not be held responsible for the church, wedding venue, reception venue, hotel etc having restrictions that prevent images being taken. Please be aware many venues limit the wedding ceremony photography to re-posed register signing only.
j) Xpressions Studio Ltd cannot guarantee any specific image nor incorporate any specific background, individual or group arrangement.
k) Xpressions Studio Ltd will not be held responsible for customer disappointment of agreed album and images as long as they are technically acceptable and will face no liability. Xpressions Studio Ltd reserve the right to photograph with our own style and interpretation of images; this is extended to design of albums and prints. Changes to second album design will be charged at £25 per hour as will excessive changes to first off design, 5 or more page changes constitutes excessive change.
l) Any announcement made that will affect your photography and the day, timings, venues etc should be notified as soon as possible in writing to Xpressions Studio Ltd. Please contact us direct and do not leave voice mails.
m) Any circumstances not brought to our attention that affect the outcome of the wedding/event photography will not be the responsibility of Xpressions Studio Ltd.
n) A map and full addresses of all venues should be provided if necessary to prevent the photographer getting lost. Contact details of all vendors (e.g. reception venue) should be provided. Xpressions Studio Ltd will not be held responsible for being misinformed or being late due to lack of information required.
o) Due to technical processing Xpressions Studio Ltd cannot guarantee exact colour matching.
p) All digital cosmetic enhancements shall require written authorisation and will be charged at full rate unless otherwise agreed by Xpressions Studio Ltd.
q) Xpressions Studio Ltd cannot be responsible for print selection errors made by the client, whether album prints or re-prints. A charge will be made for album re-design to correct image selection errors.
r) Xpressions Studio Ltd accepts no responsibility for the reliability of the post. We cannot be held responsible for loss or damage of mail, prints, albums, framed prints, CD disks, etc that are sent through the post. A courier service can be arranged; the client shall reimburse charges incurred.

6) ALBUMS & MOUNTING

a) Leather covers may present with imperfections and irregularities in the grain, including the possibility of marks or scars. While care will be taken to place the most visible in less conspicuous positions, these imperfections are normal and typical of natural leather. Xpressions Studio Ltd will not accept returns or claims for exchanges for reasons of these normal characteristics. Once proofs are signed off it is final, Xpressions Studio except no responsibility for typo’s or image errors.
b) Photographic prints mounted onto double spread pages have to be creased down the centre. Repeated opening and closing of the album will affect the emulsion along the crease and may result in a slight change of colour over time. The difference only occurs along the fine crease and is normal. Xpressions Studio Ltd does not accept that this normal change warrants any reimbursement.
c) Xpressions Studio Ltd does not accept responsibility for the slight colour change from proofing to the final completed images. Under no circumstances can we guarantee that the colour of the proofs supplied, either on paper or electronic (e.g. via CD, or lap-top) and the colour of the final images in the album, or print will be exactly the same. In most cases, due to the fact that the proofs are not the final printed photos, the quality of the images supplied will exceed the proofs due to the work of colour correction, colour balance and sharpness individually applied to them at the time of design. Furthermore, printing the same image on different types of paper also results in slight colour variation. Clients must therefore be prepared to accept a reasonable degree of shifting in colours. We will NOT replace albums or prints due to slight differences in colour, as this is not considered to be a manufacturing fault. In reality the final images supplied usually look far better than the proofs supplied, however we feel compelled to make this disclaimer in order to prevent possible misunderstandings.
d) Xpressions Studio Ltd reserves the right to supply a similar or superior quality wedding album with another should a third party supplier to Xpressions Studio Ltd no longer offer the chosen package album, or cease trading. Album changes in design, colour and material are out of Xpressions Studio Ltd’s control.

7) INDEMNITY

a) You agree to indemnify and hold Xpressions Studio Ltd and its employees and agents harmless from and against all liabilities, legal fees, damages, losses, costs and other expenses in relation to any claims or actions brought against Xpressions Studio Ltd arising out of any breach by you of these Terms and Conditions.

8) SEVERANCE

a) If any of these Terms and Conditions should be determined to be invalid, illegal or unenforceable for any reason by any court of competent jurisdiction then such Term and Condition shall be severed and the remaining Terms and Conditions shall survive and remain in full force and effect and continue to be binding and enforceable.

9) GOVERNING LAW

a) These Terms and Conditions shall be governed by and construed in accordance with the law of England and you hereby submit to the exclusive jurisdiction of the English courts.

10) CHANGES TO TERMS AND CONDITIONS

a) We reserve the right to change these Terms and Conditions at any time.

11) COPYRIGHT & AGREEMENT

a) Xpressions Studio Ltd retains the entire copyright of the photographs at all times throughout the world without exception. Reproduction of images is NOT permitted!
b) All of the above agreements apply to all of our work, prints, albums, CD/DVD’s and web based images inclusive.
c) Albums should be handled with care. In the case of mishandling or negligence albums may be repaired or replaced at the client’s expense.

12) IMAGE USE a) Xpressions Studio reserve the right to use the photographs taken (including all attendees and locations used) for display in our studio albums, frames, exhibitions, web sites, blogs and for competition purposes. Should you wish to not have your images used in any way due to security then please inform us in writing.

13) Cancellation

a) If Xpressions Studio Ltd photographer(s) are unable to fulfil the role of wedding/event photographer on the day due to any unforeseen circumstances, a full refund will be given to the client but the client or the client’s representatives will seek no further liability with respect to the agreement. If the client cancels their contract with us prior to the wedding/event date no refund shall be given due to the loss of potential income incurred by Xpressions Studio Ltd. As compensation for loss of income for Xpressions Studio Ltd, the following charges will apply as a percentage of the total fee due. (Number of days before the wedding date) 60 days or less – 100%, 61 – 90 days – 75%,91 – 120 days – 50%, Should the cancelled wedding turn out to be a postponement, subject to Xpressions Studio Ltd ’s availability, all money paid may be applied to the new wedding date. In this case, the total fee chargeable shall be the fee that applies at the time. In the event of Xpressions Studio Ltd taking another wedding booking for your cancelled wedding date a full, unconditional refund shall be made, except for the £200 booking deposit.

14) DIGITAL IMAGE PURCHASES

Digital images purchased by the client remain the copyright and property of Xpressions Studio Ltd throughout the world. All digital images purchased come with a legally binding license to use document giving the client the legal right to use and reproduce the images as stated in the agreement.

Clients are not permitted to digitally manipulate or sell any images for profit or gain including granting usage to 3rd parties for profit or gain i.e. selling images to magazines or newspapers for financial gain. Such usage must be negotiated and written permission granted by Xpressions Studio beforehand.

Misuse of digital images will result in the license of use being cancelled.

15) ONLINE GALLERIES

ALL Xpressions Studio Ltd online galleries are for the purpose of selecting images and products required by the client. Any misuse of the galleries for personal websites, including copying and pasting into Facebook is considered copyright infringement and will result in the client’s galleries being removed and all images being deleted. Should an image need to be shown to others then simply direct them to the gallery or “Like” the image in the gallery.

16) VOUCHERS

Please refer to terms and conditions of each gift voucher purchased. Use by date is final. Must be used within 6 months of purchase. No cash alternative is given.