1.0 These are the Terms and Conditions to which customers agree by placing an order on Packshot499 Ltd. – “The Company”.
1.1 By placing an order, the Customer is agreeing to be bound by these Terms and Conditions. Unless agreed in writing by the Company, the Terms and Conditions will apply to all dealings with the Customer.
2.0 In this document, the following definitions apply:
2.1 “Customer” refers to the organisation or individual which seeks services from the Company.
2.2 “Company” refers to Packshot499 Ltd.
2.3 “Items” refers to material sent by the Customer to the Company for the Company to photograph.
2.4 “Consignment” refers to a delivery of Items to or from the Company and includes all Items sent at the time.
2.5 “Work” refers to the images created by the Company as specified by the Customer.
2.6 “Fees” refers to the charges issued by the Company to the Customer for production of work and third party charges for other services such as (but not exclusively) transportation of Items to and from the Customer.
2.7 “Receipt” is the point in time that the Company is deemed to have received and accepted the Customer Items in a good condition, according to the Customer’s description.
2.8 “Service time” is the period from receipt of Items to Upload of images to the Customer.
2.9 “Upload” is the point at which the Company makes the completed Work available to the Customer.
2.10 “Transport” is the movement of Items to or from the Customer and the Company
3.1 The Customer shall pay Fees to the Company for the Work as described in the Packshot499.com website at the time of placing an order.
3.2 Work will only be accepted by the Company on the understanding that the Photographic requirements are of a reasonable nature and will not involve excessive preparation by the Company. The Company can only accept Items where any one dimension of each individual Item does not exceed 50cm.
3.3 Once an order is placed by the Customer, the Work will be carried out by the Company and the Work will be payable at the agreed rate.
3.4 If the work is of a requirement unsuitable for the Company’s facilities, contact will be made with the Customer by the Company and a solution will be agreed between the two parties. There will be no compensation of any sort if the work is of a nature unsuitable for Packshot499 Ltd’s facilities.
3.5 The following Items are restricted and the Company must be informed if Customer Items are, or could be described as:
These may be restricted due to limitations imposed by carriers. Items in the above list are likely not to be covered by Liability Cover and may travel at sender's own risk:
The following items are not acceptable for carriage:
Some of these may be acceptable but may require specific transport arrangements. If Customer items could be considered to be dangerous or unsuitable for any reason then the Customer must inform the Company before shipping is arranged.
4.1 All prices quoted are subject to VAT at the prevailing UK rate.
4.2 Prices quoted are per image.
4.3 The Company requires payment by secure source such as guaranteed credit card or similar method.
4.4 Payment is required at the time of ordering for the work carried out by the Company including any Transport costs which are not borne directly by the Customer. If the monies paid by the customer are, for any reason, insufficient to cover the total cost, the difference will be invoiced to the Customer. If the total paid exceeds the required amount, a credit will be issued by the Company to the Customer.
4.5 The Company will not keep credit card or debit card details once payment has been made.
4.6 At the Company’s discretion, the Company may offer the Customer a credit facility of 30 Days payment from the date of Upload. These payment terms will be subject to possible assessment by third party companies such as, but not limited to, bank or credit insurance agencies. These facilities are at the sole discretion of the Company and no negotiation will be entered into.
4.7 Monies owing to the Company not received by the agreed payment date will be regarded as bad debt. No further Work will be carried out for the Customer until such monies are paid in full. All outstanding monies will become subject to an interest fee of Bank of England base lending rate plus 4%. Debts exceeding 30 days overdue will be referred to an appointed debt collection service and all costs relating to this will be charged to the Customer.
5.1 The Customer will be notified of Upload by email from the Company. The Customer is required to respond to this by email in order to accept the upload. The Company will then return or dispose of the Items, according to the customer’s instructions made at the time of order placement. Once the Customer has accepted the Upload, no changes can be made to the work carried out by the Company, other than 'cut outs' which is a separate chargeable service.
5.2 The Company is restricted in the size of Items which it is able to photograph. The Company can only accept items where no single dimension exceeds 50cm.
If requested, Customers requiring photography of larger items can be referred to an affiliate company which is able to handle such work and will offer the same high standards of photography and customer care as Packshot499. The Company will not accept responsibility for any disputes arising from dealings with any third party company, regardless of any referral made by the Company.
5.3 Items will be photographed in the condition received. The Company uses the latest high resolution imaging techniques and any imperfections in the subject matter (Items) may be apparent in the final image. Images will be uploaded un-retouched and no dispute will be entered into if images show evidence of imperfections. If post studio remedial action is required, the Company can offer, at the Customer’s request, to refer the work to an affiliate company which offers high standards of work in line with Packshot499.
5.4 If the Customer requests return of Items, confirmation will be required at the time of order. The costs of return will be payable at the time of placing the order. The Company will, whenever possible, re-use the original packaging in order to return Items to the Customer.
6.1 Copyright to the Work transfers to the Customer once payment for the Work has been received in full. For Customers using Credit Facilities provided by Packshot499 Ltd., Copyright is granted on a licence basis until payment has been made in full. Failure to pay for the work will result in the licence being withdrawn and the copyright reverts, retrospectively to Packshot499 Ltd. All infringements will be pursued by the Company.
6.2 In placing an order, the Customer agrees that it has the authority to produce images of the Items. No responsibility or claims from any party can be accepted by the Company if the Customer does not have the authority to commission the Work.
6.3 The Company will endeavour to maintain the privacy of the Customer in respect of reasonable business practice. If Items are deemed to be of a particularly confidential nature, the Customer must inform the Company at the time of placing the order.
6.4 The Company reserves the right to use images for promotional purposes in its website, mailings, leaflets or other activity.
6.5 Customer images will be held by the Company for a period of ninety days after upload after which, they will be deleted. Facilities for long term storage are available at extra cost. Requests for long term storage must be in writing. Liability for premature deletion of images will be limited to a re-shoot of the original subject at no cost to the customer. No other liability will be accepted.
7.1 The Company’s liability for any loss or damage direct or indirect and howsoever caused either in tort, contract or otherwise shall not exceed the Fees invoiced by Packshot499 Ltd. to the Customer for the Work. No liability will be accepted for consequential loss or damage of any sort.
7.2 All instruction for Work must be in writing using the guidelines offered by the Company’s website. No responsibility will be taken for instruction not received in writing.
7.3 Items sent to the Company must have adequate insurance cover to cover in case of loss. Failure to arrange this will be the full responsibility of the Customer and no liability can be accepted by the Company. Customers using the Company’s transport arrangement will have an automatic insurance cover of £150.00 per consignment. Provision for higher insurance cover is available at the time of placing the order and the Company’s liability will be limited to a maximum of this amount, regardless of any subsequent claims by the customer. If the value of the consignment exceeds the maximum offered by the Company’s standard cover then the Customer must inform the Company in order to make specific arrangements.
7.4 Once download is complete, Customer items are returned to the Customer return address via secure courier service. Deliveries will be made between the hours of 9:00 am and 5:00 pm on working days. Extra charges will be applied if Saturday or bank holidays are required.
7.5 The items will be covered by the same level of insurance as used on the outbound service (to Packshot499). If the Customer used their own method of outbound transport, the default insurance cover (£150.00 per consignment) will be adopted. Customers must inform the Company at the time of placing the order if a higher level of insurance is required.
7.6 Customers arranging their own method of transport will be responsible for the condition and safe delivery of Items to Packshot499 Ltd. Responsibility will transfer to the Company upon safe receipt and checking by Packshot499 Ltd. Consignments received by the company which are subject to charges due to insufficient postal or courier monies will result in the excess being re-charged to the Customer plus an administration charge of £10.00 plus VAT.
7.7 A digital record of all parcels and contents will be made at the time of receipt and images will be provided to the Customer in respect of claims due to damage or missing Items.
7.8 Items sent to the Company must be in secure packaging, sufficiently robust to protect the items whilst in transit. Customer Packaging will be re-used whenever possible when returning items to Customers.
7.9 All consignments held by the Company will be insured to the value indicated by the insurance selected by the Customer at the time of ordering. Items sent uninsured or Items sent by the Customer’s own transport will be insured by the Company to a value not exceeding £1000.00 per consignment. Customers requiring a higher level of cover must inform the Company at the time of placing the order. Extra cover may be available at extra cost to the Customer.
7.10 Orders received by the Company from a Customer will only be accepted using the Company web based ordering system. By representing the Customer, an individual placing an order will be assumed to have the full authority of the Customer for such action and will be committing the Customer to the agreed work, as per the Terms and Conditions herein.
8.1 The Company offers a general Service time of 3 (three) working days from satisfactory receipt of items. When Items are received by the Company, an email will be issued to the customer indicating the safe receipt and an estimate of the time of Upload.
8.2 The Company will endeavour to honour the Upload estimate time, but no claims of any nature can be made by the Customer if this time is exceeded due to any circumstances either internal or external to the Company.
8.3 Customers requiring a guaranteed Service time may opt for the Packshot499 Ltd. ‘Super-fast Service’. Items received using the Super-fast service will have Uploading guaranteed in the period specified below:
Items received before 12:00pm will have upload by 12:00pm the following working day (Excluding UK Bank Holidays). Items received after 12:00pm will have upload by 5:00pm the following working day (Excluding UK Bank Holidays).
No responsibility of any sort can be accepted by the Company if goods are received after these deadlines or if items are damaged or missing.
8.4 Work accepted on Packshot499 Ltd’s Super-fast service is charged at twice the rate of standard work. The Company guarantees Work accepted using the Super-fast service time and the cost of the Work will be issued as a credit if the Upload target time is not achieved. Transport costs will still be applicable and no other claims of any nature whatsoever can be made by the Customer relating to the missed deadline.
9.1 Once the order has been placed by the Customer to the Company, the contract for the Work is deemed to be in place and there is no option for cancellation. All Work carried out by the Company will require full payment as agreed at the time of ordering and all resources will be used by the Company to recover monies owing.
10.1 Force Majeure
Neither Party shall be liable for any failure to perform its obligations where such failure is as a result of Acts of Nature (including fire, flood, earthquake, storm, hurricane or other natural disaster), war, invasion, act of foreign enemies, hostilities (whether war is declared or not), civil war, rebellion, revolution, insurrection, riot, military or usurped power or confiscation, terrorist activities, nationalisation, government sanction, blockage, embargo, labour dispute, strike, lockout or interruption or failure of electricity telephone or internet service.
10.2 When you pay for your images using a credit or debit card, we do not retain this information. Following payment, Customer payment details are not stored on any system of the company. The Company will not pass any details on to any third party. Customer contact details are kept securely, remain confidential and are never shared, disclosed or given out.
10.3 The Terms and Conditions in this document are for interpretation under the laws of England and Wales and remedies relating to these will be dealt with under UK law and in UK Courts.