Conditions Of Business


Product, Commercial and Commercial Portrait Photography

Contact us to book a free consultation - We take great care in our work and always strive to produce the utmost in quality for our clients. Before any monies are exchanged we provide a free consultation  to discuss more about what we can do for your project. Here we will discuss anything from the images to be photographed down to the branding of your website. We always try to work with your required style rather than us taking full control. These consultations normally take place at our studio but we can travel to you also.

 

Secure your session - Once you are happy with choosing to work with us and we have discussed your project we will provide you with a detailed estimate. It's here we ask for the first payment as a deposit to book the required time. The deposit will be charged at 30% of your estimate and is refundable up to 5 days of your agreed start date. A cancellation fee of 25% of your estimate will be charged to the client if they cancel the session inside 5 working days from the agreed start date.

 

Enjoy the creative process - Now its a time for us to work our magic and bring your project in life. Whether your involved hands on or not we will manage the shoot from start to finish keeping you informed along the way.

 

Within 7 days view your private album - You will be given your own private album on our website. Here you can view low res previews from your shoot.

 

Accept and pay the remaining invoice -  Once you are happy with your preview album we would run the remaining invoice. Your deposit would be deducted from this figure. Our terms are strictly net 14 days . Payment by bank transfer is preferred and bank details will be provided on our invoice. We use Paypal and Stripe to manage our online payments. We also accept payment by cheque. 

 

Receive your images - Once full payment has been cleared you will be sent the high resolution files both digitally and on a disc via courier. Your session images will be deleted after 6 months from your session date. This is due to extremely large amounts of data we deal with on a yearly bases. We advise you to backup any photos from your session you receive  -  please contact us if you need help with this. We do hold a solid backup of every shoot on disc but these are not always reliable and after the 6 month period has passed we are not liable for any images lost or damaged.

1. Terms, definitions and conditions of business

(a) picture or image includes a photograph, images, transparency.

(b) reproduction includes any form of publication or copying of the whole or part of any picture and whether or not altered by printing.

(c) the Photographer (otherwise known as Tim Smith) is the creator of the photograph.

(d) the Client is the person or organisation to whom the invoice is addressed even when the Client is acting for a third party.

(e) Tim Smith Visuals administers the licensing of the works of the Photographer, Tim Smith.  The business is registered Kerry, Republic Of Ireland

(f) These terms and conditions represent the entirety of the agreement between Tim Smith Visuals and the client. Any variation only applies when agreed in writing.

 

2. Copyright and Ownership of Materials

(a) The entire copyright in the pictures is retained by the Photographer, Tim Smith at all times throughout the world and is administered by Tim Smith Visuals

(b) Title to all photographs remains the property of the Photographer;

 

3. Use and Reproduction

(a) The use of any images only comes into effect once full payment of the invoice has been made. No use may be made of the images until full and final payment – including any late payment charges that may have been issued.

(b) Permission in writing may be granted for image use before payment, however this permission will be immediately revoked if payment of the invoice is not made by the timescale stated on the invoice.

(c) Reproduction rights are strictly limited to the use and period of time specified on Tim Smith Visuals invoice.

(d) We hold the right to use the images elsewhere except when specified on the invoice.

(e) Reproduction rights granted are personal to the Client and may not be issued to any third parties.

(f) Tim Smith Visuals holds the right to use all imagery for its own marketing material.

 

4. Reproduction Rights

Under no circumstances can the images be used for mainstream media like international papers and or television. Outside of this full licensing is granted.

 

5. Booking and Cancellation

(a) The booking will be confirmed by email and or phone. 

(b) No other work will be taken from other clients once a session is booked.

(c) As a result, once a booking is confirmed, if it is subsequently cancelled, your deposit will be refunded up to 5 days before your booking. A cancellation fee of 25% of your estimate will be charged to the client if they cancel the session inside 5 working days from the agreed start date.

(a) Our payment terms are strictly net 14 days

(c) A charge of €30.00 will be made for each account reminder, duplicate invoice, or any other paperwork, correspondence or phone calls involved with the pursuance of a debt. This fee is non-refundable, and represents the additional time spent pursuing overdue invoices.

(d) After two reminder invoices are issued on a weekly bases from your due date Tim Smith Visuals will pursue legal action for the recovery of said debts.

 

6. Deleting your session images

Your session images will be deleted after 6 months from your session date. This is due to extremely large amounts of data we deal with on a yearly bases. We advise you to backup any photos from your session you receive  -  please contact us if you need help with this. We do hold a solid backup of every shoot on disc but these are not always reliable and after the 6 month period has passed we are not liable for any images lost or damaged. 

 

7.Emails and this Terms and Conditions

(a) No variation of terms and conditions set out herein shall be effective unless agreed in writing.

(b) Email communication constitutes a contract in law, unless the Client specifically states they will not accept this and instead provides hardcopy paperwork of all relevant agreements and contracts.

 

8. Client Confidentiality

Tim Smith and Tim Smith Visuals will keep confidential and will not disclose to any third parties or make use of information communicated to them in confidence for the purposes of the photography. 

 

9. Making Payment

A 30% deposit is required on booking your session date. This is worked from your estimate.

Our terms are strictly net 14 days .

Payment by bank transfer is preferred and bank details will be provided on our invoice. We use Pay Pal and Stripe to manage our online payments. We also accept payment by cheque.