When using the services and products of Mortimer Photography, you agree to be legally bound by the following terms and conditions. These terms and conditions shall apply to all commissions and associated work undertaken by Mortimer Photography and its subcontractors for you. By using the online booking form or by ordering via telephone, email or in person, you agree to be bound by these Terms and Conditions, as amended from time to time.
In these terms and conditions ‘Mortimer Photography’,’ we’ or ‘us’ means Mortimer Photography. In these terms and conditions ‘Client’, ‘you’ or ‘your’ means the commissioning client, company or person instructing or placing an order for any service to be carried out by Mortimer Photography or its subcontractors.
1) Prices may be amended by us. Where we amend a price quoted to you we shall give you notice of such change.
2) All copyright and other intellectual properties relating to all instructions or orders are owned exclusively by Mortimer Photography. The usage rights to all content are for the sole and exclusive use of the commissioning client in relation to the marketing of the property named in the original order or instruction and are subject to a limited licence for that purpose. The client shall not be entitled to release or assign any content to a third party, including to vendors or other agents, without the written consent of Mortimer Photography. Sharing content with a third party may incur an additional fee payable to us equal to 50% of the original instruction fee. Where you release or communicate any content to a third party you agree that you shall be liable for such fees.
3) Mortimer Photography will accept cancellations and postponements up to 6pm on the day before the booked appointment without charge. If notice of cancellation or postponement is received after 6pm on the day before the booked appointment then we reserve the right to charge a £125 (plus VAT) charge per cancellation.
4) It is the sole responsibility of the client to make sure that any premises to be visited by us are in a suitable condition. Mortimer Photography reserves the right to cancel any visit or leave any premises that we believe to be unsafe or too untidy to be photographed, in which case you will be charged the entire fee quoted. Although our photographers will always do their best to make a property look its best, it is not our responsibility to move heavy objects such as furniture. Any heavy objects must be moved prior to us attending the premises.
5) Mortimer Photography will use reasonable care when sketching and drafting floor plans. All floor plans supplied by Mortimer Photography are for indicative purposes only. They will not be drawn to scale unless otherwise stated. Whilst every care is taken in the preparation of floor plans it is the client’s responsibility under the requirements of the Property Misdescriptions Act 1991 (‘PMA’) and any applicable legislation governing their use to ensure the floor plan is an accurate representation of the property. Mortimer Photography accepts no liability whatsoever for any error or omission of inadvertent mis-statement in a floor plan or any areas calculated from them.
6) Energy Performance Certificates (“EPC”) may be procured from a third party on your behalf by Mortimer Photography. However, any report and Domestic Energy Assessor (“DEA”) carrying out such a report is in no way related to the business Mortimer Photography and as such Mortimer Photography takes no responsibility whatsoever for the contents of the produced EPC or the conduct of the visiting commissioned assessor. The contact details of the commissioned DEA are included in the finished EPC. You may contact them with any queries of its content. You shall be liable for the fees of any DEA instructed by us to prepare an EPC on your behalf and you shall indemnify us for any liability we incur in relation to obtaining any such EPC.
7) We shall endeavour to deliver photographs by email or by dropbox or by uploading them to our online gallery by 5pm the working day after the property visit. All photographs will be supplied in jpeg format unless otherwise stated.
8) We shall endeavour to deliver floor plan files by email by dropbox or or by uploading them to our online gallery by 5pm the working day after the property visit unless otherwise stated.
9) EPCs will be delivered by email or by dropbox or uploaded to the online gallery in pdf format by 5pm the day they are made available to us in an accessible format by the relevant DEA. The DEA may experience unavoidable delays producing EPCs due to factor such as registering addresses with land registry, or downtime in the accredited certificate software. At this point we will inform you of such delays and estimated time of delivery of said completed EPC.
10) Mortimer Photography reserves the right to cancel bookings at short notice due to external factors beyond our control, such as extreme weather conditions, traffic disruption.
11) Mortimer Photography reserves the right to reject any commission.
12) Mortimer Photography reserves the right to change these terms and conditions. When we do so we shall give you notice of such changes.
13) Regular clients will be invoiced on the last working day of the month. Payment must be received within the payment term of the invoice. If payment is not received by us in credited funds by the due date then Mortimer Photography reserves the right to charge interest under the Late Payment of Commercial Debts (Interest) Act 1998 (the “1998 Act”). Where the 1998 Act does not apply you agree that interest on overdue payment shall apply at a rate of 8% above the Bank of England base rate until such debt is satisfied. All invoices will be sent by email unless otherwise instructed.
14) Our normal working hours are Monday – Friday 9am – 5pm, excluding Bank Holidays and Public Holidays. We offer a limited Saturday service when we are available. An extra £35 (plus VAT) charge is added to our usual fee for any Saturday appointments.
15) Photographs, floor plans and EPC files are hosted for the client on dropbox, by email or in a password protected gallery. Mortimer Photography shall not be liable for any unscheduled downtime of dropbox or this gallery. In the event of any such unscheduled downtime, we shall try to find alternate methods to deliver your files as soon as we can whenever possible.
16) All photographs, floor plan and EPC files are held for a minimum time of 30 day period. All photograph, floor plan and EPC files should be backed up on secure servers after this time and can be retrieved for a fee of £20 (plus VAT).
17) Mortimer Photography is insured to produce elevated photography for our clients. It is at the photographers’ discretion as to whether it is safe to carry out this service, and we reserve the right to retract the commission at any time based on analysis of operating the equipment in a safe environment, taking into account factors such as weather, overhead power lines, nearby roads. If the elevated photography service cannot be carried out for any reason the client will be informed and the fee for the elevated photography will not be charged.
18) Mortimer Photography operates as an independent service provider and as such does not offer services exclusively to any one client. No clients of Mortimer Photography are permitted to offer or advertise our services as being exclusive to them.
19) Mortimer Photography reserves the right to use any content for marketing or advertising purposes either in print or on the web without any prior notice or consultation.
20) These Terms & Conditions are non-negotiable and form the entire agreement between you and Mortimer Photography unless expressly agreed in writing by us. Mortimer Photography reserves the right to change these Terms & Conditions at any time without warning, however we agree to inform you of any changes as they are made.
21) Mortimer Photography liability for the performance of all commissions and associated work undertaken for you is limited to the price of the relevant commission or work. You agree that Mortimer Photography shall not be liable in excess of such amount.
22) Mortimer Photography shall only be liable for direct loss under clause 21 above. You agree that our liability for direct loss shall exclude any loss of business, loss of profit or any additional expenses you may incur. We shall not be liable for any indirect or consequential loss under any circumstances.
23) These terms and conditions are governed by English law and are subject to the exclusive jurisdiction of the courts of England & Wales.
Please note for all payments including telephone: we do not store credit card details.
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