Service Terms & Agreements
Service terms and agreements - mind numbing but necessary so that you and I have a clear idea around my terms and conditions; the what, when, who, how and where in as clear a language as I can muster. So grab a cuppa, get comfortable and read on...
The terms 'Paul Williams Photography', 'me', 'my' and 'I' relate to Paul Williams who is the photographer, copyright holder and author of the images on this site, or any person formally representing me. The terms 'you', 'the client' and 'customer' oddly enough don't relate to me but instead refer to a person commissioning a service from Paul Williams Photography, or someone purchasing one of his images or cards. The terms 'services' includes for example but not wholly portraiture, personal or business events, online tuition, workshops and e-coaching.
1. By using this site you agree to my terms and conditions around copyright and unauthorised reproduction of my images, articles, logos and any other creative aspect of Paul Williams Photography. What does that mean? It means if you use my site you agree you won't take a screengrab, try to right-click on an image or do any other nifty tech stuff that results in you being in possession (physically or electronically) of one or any part of one of my images. If you and I haven't had a chat or sent each other a couple of emails around the subject of copying my photographs then you can safely assume you've not been authorised.
2. If you're kind enough to purchase one of my fabulous prints or cards that in itself is my permission to you to be in possession of a card or a print for your or someone else's personal use only. It's not an authority to quickly whip out the scanner and reproduce the aforesaid card or print and punt the image out there for gain or not. Equally I grant no licence for you to somehow alter or crop the image and pass it off as your own. Please don't make me come looking for you and drag you through the courts because I will if you infringe my copyright. Sounds a bit harsh? Consider this:
I've spent over twenty years honing my craft and worked my ass off to get to the point I'm at. I've invested in expensive equipment, software and hardware to enable me to produce the highest quality images at what I think are reasonable prices. Many of my landscape and wildlife images have taken me hours to reach the locations, and more than likely repeat visits until I got the light right or found my subject. I make no apologies for sounding a bit harsh in order to protect my copyright and stop people from printing out sub-standard, cheap and nasty looking copies of my pin sharp and vibrant images whilst either making a profit from my skills, or worse, pretending they captured the image in the first place. Trust me on both counts - these people are out there..
3. My copyright in all of my images, irrespective of whether you've commissioned me for an event, or you've bought a print from me, remains with me. I, like any other self-respecting photographer, will never hand over my copyright to anyone. What you get is a licence to use my image(s) in a way you the client and I will have already agreed to suit your requirements. Part of any conversation you and I may have prior to any commission will include a full disclosure by both parties regarding the use of the images concluding with a binding contract that clearly highlights the usage rights. Digital negatives (files) remain the property of Paul Williams Photography. At my discretion I may provide the client with a copy of the files for non-commercial use. Paul Williams Photography adheres to the guidelines laid down by the National Union of Journalists (NUJ) regarding 'dump and run' or the practice of me shooting an event and being asked to hand over the unedited contents of the SD card based on the fact I've been paid to cover the event. Neither the NUJ nor any other professional photographer I know of agrees with the principle of a client taking control of the entire range of images on a memory card. To that end I will make it clear at the start of any contract 'dump and run' is not an option. Part of being a professional photographer is spending time editing, colour correcting and producing the best images I can capture to give you the client the best experience and product possible.
4. I reserve the right to use images taken during a commissioned event for the purposes of business promotion via online media and physical media including brochures, public relations campaigns and social media advertising. If the client has any specific concerns around an image or series of images it is their responsibility to highlight their concerns to me so we can have a discussion around those concerns.
5. All prints, cards and photographic services are paid for prior to delivery or execution of those services. Prints and cards remain the property of Paul Williams Photography until payment has cleared the banking system. Service delivery will not take place until funds are cleared. That means you might book me for Saturday the 4th of June for your gig but if I've not received cleared funds by the time of the event I reserve the right not to provide the agreed service. Communicate with me. If there's a problem and you keep me in the loop it's far more likely I'm going to be Mr Flexible. Hit me with it on the day when you've known there's been a problem for ages then your chances of me providing your service may well decrease exponentially to zero.
6. I try to keep my prices as stable as possible. That said there will always come a time when I have to raise print costs - you can thank those nice people who put up the prices of their lovely ink and fabulous paper, or the people above them who put up their... you got it. I'll always try to give everyone a heads-up when prices have to be increased. If you have an order with me on the day prices go up there's no way I'll be ramping up the cost of your order so you can relax on that score.
7. When a client has commissioned my services and a price has been agreed for a certain level of service provision but then requests extra provision I will charge the client at the price point on that given day. What does that mean? Say you've paid for a corporate event and the hours were from 1000 to 1300 but at 1245 you come over to me and say 'dude, the CEO is running late and won't be arriving by helicopter until 1430, is that cool?' I'll reply 'Frigid daddio, but I'll be charging you £... extra for the time I'm over the agreed hours. Is that cool?'
8. I stand by my product and services. I will give you a full refund or replacement if a print or card is lost, damaged, or you feel the colour, tonal range or quality isn't up to the high standards you expect and which made you choose my images in the first place. I may ask you for proof of the damage as hell may freeze over and I may be able to claim back the costs from the Post Office. It's always helpful if you can send me a picture of the faults of the print or card, but I'm not going to stand nose to nose with you and argue when I'm already really clear about a no quibble refund or replacement. With regards to services I set myself the highest standards then try to better them at every opportunity. I'm professional, discrete, on time and highly skilled at capturing the right moments - whatever those moments might be. I'm also human. I get held up in traffic, my car might throw a fit, or my camera could pack up. If I fail to provide the service at the level agreed in the contract due to any event beyond my control i.e. a Force Majeure, Paul Williams Photography is only liable up to the point a full refund of all monies paid. No costs incurred by the commissioning party beyond monies paid shall be entertained. What does that mean? Lets say you've hired me for three hours to cover your your 50th wedding anniversary (congratulations by the way) and halfway through my two cameras both decide to pack up leaving me unable to take any more images. Uncle Albert has travelled all the way from Australia but I've not got around to getting some shots of him and the happy couple before my cameras (and me) died. Yes, you'll get either a full or part refund depending on what I've managed to capture, but I won't be paying for Uncle Albert's 'wasted' journey from Aus just because I wasn't able to complete my contracted hours.
9. A non-returnable booking fee of 50% of the agreed total is required at the point of booking to secure and reserve the appointment. Should you have to cancel for any reason it's always worth contacting me to discuss the reasons why and how you would like to resolve any problems. I reserve the right to adhere to my policy of not returning a booking fee to cover any incidental costs or potential loss of business owing to your booking, but equally I consider myself to be pretty fair-minded and will certainly listen to what you have to say regarding a cancellation and do my best for us to come to a mutually agreeable outcome.
10. Artistic licence. Not constricting the use of ones creativity is a key concept for those of us working as artists including people using visual media. You the client will have your vision, and I will have mine. My fervent hope is we can agree on a framework within which I can work to produce the images you have in mind. I will do everything in my power to achieve your vision but I have my own style and ways of seeing things. By commissioning me there is a tacit acceptance that my judgement in all matters photographic is the correct one based on my skillset and experience.
11. Venue. Not every venue is photographer-friendly. Angles of view, off-limit areas, over-zealous staff and other people getting in the way are just a few of the reasons why a photographer may not be able to capture every nuanced moment. Obstructed views therefore come under the umbrella term of 'coverage problems'. Whenever possible I try to visit a new venue to recce it and get a sense of the lighting and 'coverage problems' to ameliorate these issues to the best of my ability. I will endeavour to photograph every individual or event highlighted in the brief but I take no responsibility for not capturing everything or everybody.
12. Weather. We live in Britain. One of the most unpredictable places for weather in the Northern Hemisphere - least that's how I see it having photographed the place end to end for the last 20+ years. Outdoor shoots are usually weather-dependent and therefore notoriously hard to get exactly right. If I believe the weather will adversely affect the outcome of the shoot I'll discuss that with you the client and be guided by you. If the event itself cannot be cancelled I will do my utmost to create the best images possible given the conditions. If we agree a session should be cancelled due to dangerous weather conditions you may be entitled to another appointment or a full or partial refund.
13. Cancellations. Other than weather (see 12.) any cancellation giving me less than 48 hours notice will result in the booking fee and a further 30% of the total being retained. Less than 24 hours notice will result in me retaining all of the total fee. This is to offset any losses I may incur hiring equipment, travelling overnight and the fact I may not be able to fill that appointment with another client. I reserve the right to look at each cancellation on a case by case basis and discuss any outcomes with the client wherever possible. If that's the case then you and I will have that discussion and do our best to come to a mutually agreeable outcome. Cancellations above the 48 hour threshold but less than a week will result in me retaining the booking fee and you receiving a full refund of all remaining monies. Where appropriate, and in cases when I may be able to reschedule your session, the previously paid monies can be used to cover the cost of a like for like session. Cancellations beyond a weeks notice will result in a refund minus the booking fee subject to my discretion.
14. Data. Your data is safe with me. In a previous life I was privy to a fair amount of fairly sensitive stuff and I know how important it is to keep data safeguarded at all times. Your personal details are kept confidential and will never be sold on or disclosed to any third party other than when I'm obliged to by law, or if I considered someone was either at harm from themselves or a harm to others. If you have any questions on the data I hold for you please contact me to discuss any concerns you may have.
15. Complaints & Compliments. I welcome them both. I see a complaint as an opportunity to put something right that maybe wasn't just so and it enables me to improve the way I do business with people. I actively encourage clients to get in touch if they aren't satisfied with the level of service, quality of product or anything else on their mind. Equally, I love to hear from people when they've had a good experience. I may use your redacted details and any compliment for the purposes of letting people out there know how happy you are with Paul Williams Photography.
There. All done, and thank you for wading through the small(ish) print. If I've missed anything or you'd like to know more about any aspect of how I work then I've added a button at the bottom of this page just for that very thing. Once again, thank you for your interest in Paul Williams Photography. I look forward to doing business with you.