TERMS AND CONDITIONS FOR SUPPLY OF SERVICE

1) INTERPRETATION

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) GENERAL

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) PRICE AND PAYMENT

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.

4) CUSTOMER'S OBLIGATIONS

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) SUPPLIER'S OBLIGATIONS

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) LIMITATION OF LIABILITY

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.

7) FORCE MAJEURE

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.

8) COPYRIGHT

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.

9) SEVERANCE

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.

10) GOVERNING LAW

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.

11) DISCLAIMER

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: Nov, 2017