Brand and Product Photography for Small Business, Scotland

TERMS AND CONDITIONS

BACKGROUND:

These Terms and Conditions are the standard terms for the provision of services by Amanda Hughes. Sole Trader. Trading address 4 Goldie Place, Stevenston, North Ayrshire, KA20 3DU. Email address: hello@shotbyamanda.co.uk

Definitions and Interpretation

In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings:

“Business Day”
means any day other than a Saturday, Sunday or bank holiday;
“Calendar Day”
means any day of the year;
“Contract”
means the contract for the provision of Services

“Deposit”
means an advance payment made to Us
“Intellectual Property Rights”
means copyright (and related rights), designs, patents, trade marks, and all other intellectual property rights that may exist in anything that We may create or produce as part of the Services. This includes all such rights, whether they are registered or unregistered, and the rights to apply for renewals or extensions of those rights (where relevant);
“Month”
means a calendar month;
“Price”
means the price payable for the Services;
“Services”
means the services which are to be provided by Us
“Special Offer Price”
means a special offer price payable for Services which We may offer from time to time;
“Order”
means your order for the Services
“Order Confirmation”
means Our acceptance and confirmation of your Order as described in Clause 3;
“We/Us/Our”
means Amanda Hughes

Each reference in these Terms and Conditions to “writing” and any similar expression includes electronic communications whether sent by e-mail, text message, fax or other means.

The Contract

These Terms and Conditions govern the sale and provision of Services by Us and will form the basis of the Contract between Us and you. Before submitting an Order, please ensure that you have read these Terms and Conditions carefully. If you are unsure about any part of these Terms and Conditions, please ask Us for clarification.

Nothing provided by Us including, but not limited to, sales and marketing literature, price lists and other documents constitutes a contractual offer capable of acceptance. Your Order constitutes a contractual offer that We may, at our discretion, accept.
A legally binding contract between Us and you will be created upon Our acceptance of your Order, indicated by Our Order Confirmation. Order Confirmations will be provided in writing.

We shall ensure that the following information is given or made available to you prior to the formation of the Contract between Us and you, save for where such information is already apparent from the context of the transaction:

The main characteristics of the Services;
Our identity and contact details
The total Price for the Services including taxes or, if the nature of the Services is such that the Price cannot be calculated in advance, the manner in which it will be calculated;
The arrangements for payment, performance and the time by which (or within which) We undertake to perform the Services;
Our complaints handling policy;
The duration of the Contract, where applicable, or if the Contract is of indeterminate duration or is to be extended automatically, the conditions for terminating the Contract;
Where applicable, the functionality, including appropriate technical protection measures, of digital content;

Orders

All Orders for Services made by you will be subject to these Terms and Conditions
If your Order is changed we will inform you of any change to the Price in writing.
You may cancel your Order within 7 days of placing it. If you have already made any payments to Us (including, but not limited to the Deposit) the payment(s) will be refunded to you as soon as is reasonably possible, and in any event within 14 Calendar Days of Our acceptance of your cancellation. If you request that your Order be cancelled, you must confirm this in writing
We may cancel your Order at any time before We begin providing the Services due to the unavailability of required personnel or materials, or due to the occurrence of an event outside of Our reasonable control. If such cancellation is necessary, We will inform you as soon as reasonably possible. If you have made any payments to Us (including, but not limited to the Deposit), the payment(s) will be refunded as soon as is reasonably possible, and in any event within 14 Calendar Days of Us informing you of the cancellation. Cancellations will be confirmed in writing.

Price and Payment

The Price of the Services will be that shown in Our Contract in place at the time of your Order. If the Price shown in your Order differs from Our current Price We will inform you upon receipt of your Order
If We quote a Special Offer Price which is different to the Price shown in Our current Contract, the Special Price will be valid for 14 days or, if the Special Price is part of an advertised special offer, for the period shown in the advertisement. Orders placed during this period will be accepted at the Special Price even if We do not accept the Order until after the period has expired.
Our Prices may change at any time but these changes will not affect Orders that We have already accepted.
We accept the following methods of payment: STRIPE
If you do not make payment to Us by the due date as shown in/on your contract We may charge you interest on the overdue sum at the rate of 4% per annum above the base lending rate of Barclays from time to time. Interest will accrue on a daily basis from the due date for payment until the actual date of payment of the overdue sum, whether before or after judgement. You must pay any interest due when paying an overdue sum.

Providing the Services

As required by law, We will provide the Services with reasonable skill and care, consistent with best practices and standards in the small business sector in accordance with any information provided by Us about the Services and about Us.
We will begin providing the Services on the date specified in your Order (and confirmed in Our Order Confirmation)
We will make every reasonable effort to complete the Services on time (and in accordance with your Order). We cannot, however, be held responsible for any delays if an event outside of Our control occurs
If We require any information or action from you in order to provide the Services, We will inform you of this as soon as is reasonably possible
In certain circumstances, for example where there is a delay in you sending Us information or taking action required, We may suspend the Services (and will inform you of that suspension in writing).
In certain circumstances, for example where We encounter a technical problem, We may need to suspend the Services in order to resolve the issue. Unless the issue is an emergency and requires immediate attention We will inform you in advance in writing before suspending the Services

Problems with the Services and Your Legal Rights

We always use reasonable efforts to ensure that Our provision of the Services is trouble-free. If, however, there is a problem with the Services We request that you inform Us as soon as is reasonably possible
We will use reasonable efforts to remedy problems with the Services as quickly as is reasonably possible and practical.
As a consumer, you have certain legal rights with respect to the purchase of services. For full details of your legal rights and guidance on exercising them, it is recommended that you contact your local Citizens Advice Bureau or Trading Standards Office. If We do not perform the Services with reasonable skill and care, you have the right to request repeat performance or, if that is not possible or done within a reasonable time without inconvenience to you, you have the right to a reduction in price. If the Services are not performed in line with information that We have provided about them, you also have the right to request repeat performance or, if that is not possible or done within a reasonable time without inconvenience to you (or if Our breach concerns information about Us that does not relate to the performance of the Services), you have the right to a reduction in price. If for any reason We are required to repeat the Services in accordance with your legal rights, We will not charge you for the same and We will bear any and all costs of such repeat performance. In cases where a price reduction applies, this may be any sum up to the full Price and, where you have already made payment(s) to Us, may result in a full or partial refund. Any such refunds will be issued without undue delay (and in any event within 14 calendar days starting on the date on which We agree that you are entitled to the refund) and made via the same payment method originally used by you unless you request an alternative method. In addition to your legal rights relating directly to the Services, You also have remedies if We use materials that are faulty or incorrectly described.
As a consumer you have certain legal rights with respect to digital content. If any work produced for you under these Terms and Conditions is supplied as digital content, these rights may apply to you. For full details of your legal rights and guidance on exercising them, it is recommended that you contact your local Citizens Advice Bureau or Trading Standards Office. Any digital content that We supply to you must be of satisfactory quality, it must be fit for purpose (where any such purpose has been made known to Us whether expressly or by implication), and it must match any description given by Us. Due to the nature of digital content you are unable to reject digital content which does not comply with the above; however you may have the right to a repair or replacement or, if these are not possible, to a price reduction up to the full Price. In cases where a price reduction applies and you have already made payment(s) to Us, you may be due a full or partial refund. Any such refunds will be issued without undue delay (and in any event within 14 Calendar Days starting on the date on which We agree that you are entitled to the refund) and made via the same payment method originally used by you unless you request an alternative method. If digital content provided by Us under these Terms and Conditions damages your device(s) as a result of Our failure to exercise reasonable skill and care, you also have the legal right to compensation for such damage which may take the form of a repair or replacement, or financial compensation.

Intellectual Property Rights

During the course of providing the Services to you, We may create or produce video, picture, written or voice recorded content for you which embody/embodies certain Intellectual Property Rights (such as copyright or patents)
We will retain ownership of any and all Intellectual Property Rights that may exist in video, picture, written or voice recorded content. We will grant to you a royalty-free, exclusive licence to use video, picture, written or voice recorded content. The licence granted will continue for a period to be defined in Our Order Confirmation. The duration of the licence will not necessarily be related to the duration of the Services themselves and may continue beyond the duration of the Services.
If the Contract is cancelled, the licence granted may also be cancelled in full or in part and you will no longer be permitted to use all or part of video, picture, written or voice recorded content. Upon cancellation We will explain to you exactly which part(s) of video, picture, written or voice recorded content (if any) that you will remain entitled to use.

Provision of Paid Content

We undertake to make available to You on these Terms of Sale the Paid Content for which You subscribe but if You choose not to access or make any permitted use of some or all of that Paid Content or, for any reason not attributable to Us, You are unable to do so, You will not be entitled to any refund
All Paid Content within the scope of Your Subscription will be available to You from when We send You a Subscription Confirmation for the duration of Your Subscription, including any renewals, or until You end the Contract.
An item of Paid Content requested will be available when stated in the information that We provide about it before You place Your order, either (a) if it is a livestream item, the time and date when it is scheduled to be available and to start; or (b) if it is a pre-recorded or other non livestreamed item or Background Item, the period within which it is or will be available for access
When You place an order for a Subscription, You will be required to expressly acknowledge that You wish Paid Content to be made available to You to access immediately. You will also be required to expressly acknowledge that by accessing (e.g. downloading or streaming) any Paid Content, You will lose Your legal right to cancel if You change Your mind (the “cooling-off period”).
In some limited circumstances, We may need to suspend the provision of Paid Content (in full or in part) for one or more of the following reasons:

To fix technical problems or to make necessary minor technical changes;

To update the Paid Content to comply with relevant changes in the law or other regulatory requirements

To make more significant changes to the Paid Content, as described above

If We need to suspend availability of the Paid Content for any reason We will inform You in advance of the suspension and explain why it is necessary (unless We need to suspend availability for urgent or emergency reasons such as a dangerous problem with the Paid Content, in which case We will inform You as soon as reasonably possible after suspension).
We may suspend provision of the Paid Content as follows if We do not receive payment on time from You. We will inform You of the non-payment on the due date, however if You do not make payment within 7 days of Our notice, We may suspend provision of the Paid Content until We have received all outstanding sums due from You. If We do suspend provision of the Paid Content, We will inform You of the suspension. You will not be charged for any Paid Content while provision is suspended.

Licence

When You purchase a Subscription to access Paid Content, We will grant You a limited, non-exclusive, non-transferable, non-sublicensable licence for You to access, participate in and use the relevant Paid Content for Your personal, non-commercial purposes. The licence granted does not give You any rights in Our Paid Content (including any material that We may licence from third parties)
The licence granted is subject to the following usage restrictions and/or permissions:

You may not copy, rent, sell, publish, republish, share, broadcast or otherwise transmit the Paid Content (or any part of it) or make it available to the public except as permitted under the Copyright Designs and Patents Act 1988 (Chapter 3 ‘Acts Permitted in relation to Copyright Works’); [and]

When You use a two-way livestream facility to access a Paid Content item or event You must not communicate or make accessible to any other person (who also accesses or participates in it as one of Our customers) anything (by voice, text, image or otherwise) except for a query about or contribution to that item or event which is proper having regard to the content of it; [and] you will not share your log in and membership is limited to the named person only

Problems with the Paid Content

We undertake to provide Paid Content that is of satisfactory quality, fit for purpose, and as described, and to use reasonable care and skill. If any Paid Content available through Your Subscription does not comply or We do not so act, please contact Us as soon as reasonably possible to inform Us of the problem. Your available remedies will be as follows:

If the Paid Content has faults, You will be entitled to a repair or a replacement.

If We cannot fix the problem, or if it has not been (or cannot be) fixed within a reasonable time and without significant inconvenience to You, You may be entitled to a full or partial refund.

If You can demonstrate that the fault has damaged Your device or other content belonging to You because We have not used reasonable care and skill, You may be entitled to a repair or compensation.

Please note that We will not be liable if We informed You of the fault(s) or other problems with particular Paid Content before You accessed it and it is that same issue that has now caused the problem (for example, if the Paid Content in question is an alpha or beta version and We have warned You that it may contain faults that could harm Your device or other content), if You have purchased the Paid Content for an unsuitable purpose that is neither obvious nor made known to Us and the problem has resulted from Your use of the Paid Content for that purpose; or if the problem is the result of misuse or intentional or careless damage
If there is a problem with any Paid Content, please contact Us at hello@shotbyamanda.co.uk
Refunds (whether full or partial, including reductions in price) under this will be issued within 14 calendar days of the day on which We agree that You are entitled to the refund.
Refunds will be made using the same payment method that You used when purchasing Your Subscription.
For further information on Your rights as a consumer, please contact Your local Citizens’ Advice Bureau or Trading Standards Office.

Cancelling Your Subscription

If You are a Consumer, by default You have a legal right to a “cooling-off” period within which You can cancel the Contract for any reason, including if You have changed Your mind, and receive a refund. The period begins once We have sent You Your Subscription Confirmation (i.e. when the Contract between You and Us is formed) and ends when You access (e.g. download or stream) any Paid Content, or 14 calendar days after the date of Our Subscription Confirmation, whichever occurs first
After the cooling-off period, You may cancel Your Subscription at any time. However, We cannot offer any refunds and You will continue to have access to the Paid Content for the remainder of Your current Subscription (up until the renewal or expiry date, as applicable), whereupon the Contract will end.
If You purchase a Subscription by mistake (or allow Your Subscription to renew by mistake), please inform Us as soon as possible and do not attempt to access any Paid Content. Provided You have not accessed any Paid Content since the start date (or renewal date, as appropriate) of the Subscription We will be able to cancel the Subscription and issue a full refund. If You have accessed any Paid Content once the Subscription has started, We will not be able to offer any refund and You will continue to have access to the Paid Content for the remainder of the Subscription (up until the renewal or expiry date, as applicable).
If You wish to exercise Your right to cancel under Cancellation by email or by post is effective from the date on which You send Us Your message. If You would prefer to contact Us directly to cancel, please use the following details: Email: hello@shotbyamanda.co.uk in each case, providing Us with Your name, address, email address, telephone number
We may ask You why You have chosen to cancel and may use any answers You provide to improve Our content and services, however please note that You are under no obligation to provide any details if You do not wish to.

Your Other Rights to End the Contract

You may end the Contract at any time if We have informed You of a forthcoming change to Your Subscription or the Paid Content or to these Terms of Sale that You do not agree to. If the change is set to take effect or apply to You before the end of Your current Subscription, We will issue You with a partial refund. If the change will not take effect or apply to You until the expiry of Your current Subscription, the Contract will end at the end of that Subscription period and You will continue to have access to the Paid Content until that date
If We have suspended availability of the Paid Content for more than 14 days, or We have informed You that We are going to suspend availability for more than 14 days, You may end the Contract immediately. If You end the Contract for this reason, We will issue You with a refund.
If there is a risk that availability of the Paid Content will be significantly delayed because of events outside of Our control, You may end the Contract immediately. If You end the Contract for this reason, We will issue You with a refund.
If We inform You of an error in the price or description of Your Subscription or the Paid Content and You wish to end the Contract as a result, You may end it immediately. If You end the Contract for this reason, We will issue You with a refund.
You also have a legal right to end the Contract at any time if We are in breach of it. You may also be entitled to a full or partial refund and compensation. For more details of Your legal rights, please refer to Your local Citizens Advice Bureau or Trading Standards Office.
Refunds will be made within 14 calendar days of the date on which Your cancellation becomes effective, using the same payment method that You used when purchasing Your Subscription.
If You wish to exercise Your right to cancel You may do so in writing. If You would prefer to contact Us directly to cancel, please use the following details: Email: hello@shotbyamanda.uk in each case, providing Us with Your name, address, email address, telephone number

Our Liability to Consumers

We will be responsible for any foreseeable loss or damage that You may suffer as a result of Our breach of these Terms of Sale (or the Contract) or as a result of Our negligence. Loss or damage is foreseeable if it is an obvious consequence of Our breach or negligence or if it is contemplated by You and Us when the Contract is created. We will not be responsible for any loss or damage that is not foreseeable.
Our Paid Content is intended for non-commercial use only. We make no warranty or representation that the Paid Content is fit for commercial, business or industrial use of any kind. We will not be liable to You for any loss of profit, loss of business, interruption to business, or for any loss of business opportunity.
Nothing in these Terms of Sale seeks to limit or exclude Our liability for death or personal injury caused by Our negligence (including that of Our employees, agents or sub-contractors); or for fraud or fraudulent misrepresentation, or for Paid Content which is not as described, does not match information that We provided, not of satisfactory quality, or is not fit for any purpose made known to Us.
Nothing in these Terms of Sale seeks to exclude or limit Your legal rights as a consumer. For more details of Your legal rights, please refer to Your local Citizens Advice Bureau or Trading Standards Office.
We will not be responsible or liable if You are unable to access any Paid Content due to any failure or delay in performing Our obligations under the Contract resulting from any cause beyond Our reasonable control (including but not limited to a cause of that type specifically referred to in the Attachment)

Complaints and Feedback

We always welcome feedback from Our customers and, whilst We always use all reasonable endeavours to ensure that Your experience as a customer of Ours is a positive one, We nevertheless want to hear from You if You have any cause for complaint.
All complaints are handled in accordance with Our complaints handling policy and procedure.
If You wish to complain about any aspect of Your dealings with Us, please contact Us in one of the following ways: By email, addressed to Amanda Hughes at hello@shotbyamanda.co.uk

How We Use Your Personal Information (Data Protection)

We will only use Your personal data as set out in Our privacy policy available from www.amandahughes.uk

Other Important Terms

We may transfer (assign) Our obligations and rights under these Terms of Sale (and under the Contract, as applicable) to a third party (this may happen, for example, if We sell Our business). If this occurs, You will be informed by Us in writing. Your rights under these Terms of Sale (and the Contract) will not be affected and Our obligations under these Terms of Sale (and the Contract) will be transferred to the third party who will remain bound by them
The Contract is between You and Us. No other person shall have any rights to enforce any of its terms.
If a court or other authority finds that any part(s) of these Terms of Sale are unlawful, the remaining parts will remain in full force and effect
If We fail to take steps or delay in taking steps to enforce any of Our rights against You under these Terms of Sale, that will not prevent Us doing so at a later date, for example Our right to require You to make any payment which has become payable under the Contract
We may revise these Terms of Sale from time to time in response to changes in relevant laws and other regulatory requirements. If We change these Terms of Sale as they relate to Your Subscription, We will give You reasonable advance notice of the changes and provide details of how to cancel if You are not happy with them

Law and Jurisdiction

These Terms and Conditions, and the relationship between You and Us (whether contractual or otherwise) shall be governed by, and construed in accordance with, the law of Scotland
As a Consumer, You will benefit from any mandatory provisions of the law in Your country of residence.
As a Consumer, any dispute, controversy, proceedings or claim between You and Us relating to these Terms and Conditions, or the relationship between You and Us (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of England, Wales, Scotland, or Northern Ireland, as determined by Your residency.

Events Outside of Our Control (Force Majeure)

We will not be liable for any failure or delay in performing Our obligations where that failure or delay results from any cause that is beyond Our reasonable control. Such causes include, but are not limited to: power failure, internet service provider failure, strikes, lock-outs or other industrial action by third parties, riots and other civil unrest, fire, explosion, flood, storms, earthquakes, subsidence, acts of terrorism (threatened or actual), acts of war (declared, undeclared, threatened, actual or preparations for war), epidemic or other natural disaster, or any other event that is beyond Our reasonable control
If any event described occurs that is likely to adversely affect Our performance of any of Our obligations under these Terms and Conditions:

We will inform you as soon as is reasonably possible

Our obligations under these Terms and Conditions will be suspended and any time limits that We are bound by will be extended accordingly

We will inform you when the event outside of Our control is over and provide details of any new dates, times or availability of Services as necessary

If an event outside of Our control occurs and you wish to cancel the Contract, you may do so in accordance with your right to Cancel.
If the event outside of Our control continues for more than 2 weeks, We will cancel the Contract in accordance with Our right to cancel and inform you of the cancellation. Any refunds due to you as a result of that cancellation will be paid to you as soon as is reasonably possible, and in any event within 14 Calendar Days of Our cancellation notice

Communication and Contact Details

If you wish to contact Us, you may do so by email at hello@shotbyamanda.co.uk
In certain circumstances you must contact Us in writing (when cancelling an Order, for example, or exercising your right to cancel the Services). When contacting Us in writing you may use the following methods: by email at hello@shotbyamanda.co.uk