In this document the following words shall have the following meanings:
1.1 "Customer" means any person who purchases Services from the Supplier;
1.2 "Supplier" means Photo-Pick service;
1.3 "Terms and Conditions" means the terms and conditions of supply set out in this document
and any special terms and conditions agreed in writing by the Supplier.
2.1 These Terms and Conditions shall apply to all contracts for
the supply of Services by the Supplier to the Customer and shall prevail over any other
documentation or communication from the Customer.
2.2 Any variation to these Terms and Conditions shall be inapplicable unless agreed
in writing by the Supplier.
3.1 Payment of the price shall usually be paid on application for service and by contract or
Service
Level Agreement terms as applicable.
Payment can be made by credit/debit card online. Payment in arrears will be by prior
agreement
only.
3.2 The Supplier will send an electronic report to the customer.
If any further copies are requested, in any format, there will be an administration
charge.
3.3 The Supplier reserves the right to modify, update or run promotions on any service at
any time.
The Supplier reserves the right to change the price of any service at any time. Once a
service has been
ordered, the price shall remain fixed for the Customer. Under no circumstances shall the
Supplier refund the difference should the price of that service decrease.
To enable the Supplier to perform its obligations the Customer shall:
4.1 Co-operate with the Supplier;
4.2 Provide the Supplier with any information reasonably required by the Supplier;
4.3 Keep the supplier notified of their correct name or e-mail information.
4.4 Comply with such other requirements as agreed between the parties.
4.5 Comply with all other statutory requirements – particularly in regards to data
protection and
confidentiality.
5.1 The Supplier shall perform the Services with reasonable skill and care and to a
reasonable
standard in accordance with recognized standards and codes of practice.
5.2 The Supplier accepts all responsibility for the condition of tools and equipment used in
the performance of the Services and shall ensure that any materials supplied shall be free
of
defects at the point of dispatch.
5.3 Data protection: In accordance with standard confidentiality policy.
6.1 Nothing in these Terms and Conditions shall exclude or limit the liability of the
Supplier for
death or personal injury. However, the Supplier shall not be liable for any direct loss or
damage
suffered by the Customer howsoever caused, as a result of any negligence, breach of contract
or
otherwise in excess of the price of the Services.
6.2 The Supplier shall not be liable under any circumstances to the Customer or any third
party for any
indirect or consequential loss of profit or other economic loss suffered by the Customer
howsoever
abused, as a result of any negligence, breach of contract, misrepresentation or
otherwise.
Neither party shall be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to acts of God, strikes, lockouts, accidents, war, fire, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, and the party shall be entitled to a reasonable extension of its obligations.
Service may only be used in the format in which the Supplier issues it.
Photo-Pick may not be used in any other format other than that supplied.
Customers may not at any time, without prior written permission of the Supplier, make copies
or
reproductions (in whatever form) of material.
Where any such copy is considered reasonably necessary, the Supplier will provide written
permission.
If any term or provision of these Terms and Conditions is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if these Terms and Conditions had been agreed with the invalid, illegal or unenforceable provision eliminated.
These Terms and Conditions shall be governed by and construed in accordance with the law and the parties hereby submit to the exclusive jurisdiction of the courts.
Photo-Pick regularly uses links to direct users to additional or related information on other
websites.
These websites are not under the control of Photo-Pick and we are not responsible for the
content of
these sites. Other websites are linked or listed as a convenience only and should not be
seen as an
endorsement of any kind.
We cannot guarantee that these links will work all of the time and have no control over the
availability
of the linked pages.
Last modified: Oct, 2020