Terms & Conditions + Privacy Policy + Disclaimer
Grahelli Photography
Definitions
For the purposes of this agreement, “The Photographer” is Graham Elliott trading as Grahelli Photography and “the Client” is ……… “Images” means any images furnished by The Photographer, whether photographs, prints or other type of physical or electronic material”.
Copyright and Ownership of Materials
The entire copyright, title, and intellectual property rights of any Images will remain that of The Photographer at all times throughout the world.
Right to a Credit
The Photographer asserts both his moral right to be identified as the author of his work and the right to a credit (where possible) is asserted in accordance with Sections 77 – 79 of the Copyright, Designs and Patents Act 1988 or any amendment or re-enactment thereof. Please credit ‘Grahelli Photography’
Use
Images are to be used as agreed at the time of booking and at the time of agreeing the fee. The licence to use is limited to the use and period of time specified on The Photographers booking form and no other use may be made of the Images without the Photographers express permission. An agreement must be reached with The Photographer before Images are used for any other purpose or after the licence to use has expired.
Manipulation of the Images or use of only a portion of Image may only take place with the permission of the Photographer.
When the license to use has expired an additional charge has to be agreed for extended usage with the Photographer.
Exclusivity
The usage rights granted are personal to the Client and may not be assigned, nor may any image submitted to the Client be loaned or transferred to third parties (save for the purpose of the work by the Client of such reproduction/usage rights/PR).
The Photographer reserves the right to refuse to supply or grant a reproduction licence to a third party when requested to do so by the Client.
The Photographer retains the right in all cases to use the Images covered by this agreement at any time and in any part of the world for the purposes of advertising or otherwise promoting his work.
Client confidentiality
The Photographer will keep confidential and will not disclose to any third parties or make use of material or information communicated to him, save as to be reasonably necessary to enable the Photographer to carry out his obligations in relation to the work
Booking
The Client will be required to complete a Booking Form (via email or hardcopy). On receipt of a completed booking form, The Photographer will send an email as confirmation. The booking will then be considered Confirmed.
Once the Client has made a booking for a specific time and date and this date/time has been Confirmed by The Photographer, The Photographer will not accept any other work from other clients for those times and dates.
Cancellation or Postponement by the Client
When a booking is Confirmed, if it is subsequently cancelled, a cancellation fee will be charged to the client according to the following schedule: (i) When a client cancels photography within less than 7 days business of any confirmed date, a fee of 20% of the booked time/rate will be charged. (ii) When a client cancels photography within less than 24 hours of any confirmed date/time, a fee of 50% of the booked time/rate will be charged. (iii) When a client cancels photography on the day of the confirmed date, the full fee will be charged.
When a booking is confirmed, if it is subsequently postponed, the Photographer will at his discretion charge a fee for postponement.
In addition, the client may be charged for any expenses incurred by The Photographer as a result of cancellation or postponement.
Cancellation by the Photographer
The Photographer will endeavour to put the Client in touch with another photographer in the event The Photographer is unable to attend on booked date due to any cause beyond their reasonable control e.g. sudden illness, injury, victim of crime, flooding etc. In the event of such cancellation by The Photographer, or in the very unlikely event of total photographic failure, liability shall be limited to a full refund of any fees paid to the Photographer by the Client at that time.
Rejection
Unless a rejection fee is agreed in advance, there is no right to reject the Images on the basis of style or composition.
Charges and Timings
If The Photographer provides a quote to The Client, the fee will be charged at that agreed rate. The Photographer generally requests a brief at the time of booking (via email or verbally).
Where extra expenses or time are incurred or needed by the Photographer as a result of alterations to the original brief by the Client or otherwise at their request, the Photographer will reserve the right to charge the Client extra expenses and fees.
If The Client changes the length of the job, the fee will increase as per the agreed hourly rate. If The Client is delayed or running late and the job runs into extra time again the fee will increase as per the agreed hourly rate. The Photographer will make The Client aware of timings and should the work run into extra time he will make the client aware of this and the associated costs. There is a mutual understanding between The Client and The Photographer that punctuality is important and respected by all parties.
If it becomes apparent when the job starts that it is much bigger or different job to the agreed brief it will be made clear to the Client that The Photographer’s fee may increase. If the Photographer is unable to contact the client/payer of invoice at that time work will stop until contact has been made.
On the occasion that incorrect information is given by the Client regarding a booking (wrong location, wrong time etc.) or the Client fails to arrive at the agreed location/time, the full fee will be charged to the Client.
If on arrival at a booked job there is an issue (outside of the Client or Photographer’s control) such as bad lighting or restrictions are in use of where the shoot is taking place, a fee may be charged to cover time.
Quoted fees include mileage up to 80 miles round trip. Additional mileage will be charged at 45 pence per mile thereafter.
Payment Terms and Payment
A deposit of 20% is required at the time of booking where final payment terms are strictly 7 days from the date of the relevant invoice (“the Due Date”) unless agreed in advance and in writing;
The Photographer reserves the right to charge interest at the rate prescribed by the Late Payment Of Commercial Debts (Interest) Act 1998 from the due date until the date payment is made.
If any invoice issued to the Client is not paid by the Due Date, then all unpaid invoices issued to the Client become due with immediate effect, even if it is less than 7 days from the issue date, and that The Photographer may consider these invoices as overdue when pursuing legal action for the recovery of said debts.
Payment by BACS is preferred and bank details will be provided on the invoice. We also accept payment by debit or credit card.
Liability and Indemnity
It is the Client who must satisfy him/herself that all necessary rights, model releases or consents which may be required for reproduction, are obtained and it is acknowledged that The Photographer gives no warranty or undertaking that any such rights, model releases or consents have been or will be obtained whether in relation to the use of names, people, trade marks, registered or copyright designs or works of art depicted in any picture. In the event that the Image issued or reproduced by or with the authority of the Client does not have the necessary rights, releases or consents, then the Client shall indemnify The Photographer against all expenses, damages, claims, or legal costs arising out of any such failure.
Archiving of Images
All final images will be stored and archived by The Photographer for 1 year. If archived photographs are required after that time or additional storage time is required an admin. fee may be charged. If The Photographer loses images stored in archive or they are stolen, The Photographer is not liable beyond 1 year of storage. Within 1 year, The Photographer is liable to the cost of the originals (a return of the original fee).
Applicable Law
This agreement shall be governed by the laws of England and Wales
Variation
No variation of terms and conditions set out herein shall be effective unless agreed in writing by both parties.
PRIVACY POLICY
Last updated May 03, 2023
This privacy notice for Grahelli Photography ('Company', 'we', 'us', or 'our'), describes how and why we might collect, store, use, and/or share ('process') your information when you
use our services ('Services'), such as when you:
Questions or concerns? Reading this privacy notice will help you understand your privacy rights and choices. If you do not agree with our policies and practices, please do not use
our Services. If you still have any questions or concerns, please contact us at grahelli@icloud.com.
SUMMARY OF KEY POINTS
This summary provides key points from our privacy notice, but you can find out more details about any of these topics by clicking the link following each key point or by
using our table of contents below to find the section you are looking for.
What personal information do we process? When you visit, use, or navigate our Services, we may process personal information depending on how you interact with Grahelli
Photography and the Services, the choices you make, and the products and features you use. Learn more about personal information you disclose to us.
Do we process any sensitive personal information? We do not process sensitive personal information.
Do we receive any information from third parties? We do not receive any information from third parties.
How do we process your information? We process your information to provide, improve, and administer our Services, communicate with you, for security and fraud prevention, and
to comply with law. We may also process your information for other purposes with your consent. We process your information only when we have a valid legal reason to do so. Learn
more about how we process your information.
In what situations and with which parties do we share personal information? We may share information in specific situations and with specific third parties. Learn more
about when and with whom we share your personal information.
How do we keep your information safe? We have organisational and technical processes and procedures in place to protect your personal information. However, no electronic
transmission over the internet or information storage technology can be guaranteed to be 100% secure, so we cannot promise or guarantee that hackers, cybercriminals, or other
unauthorised third parties will not be able to defeat our security and improperly collect, access, steal, or modify your information. Learn more about how we keep your information
safe.
What are your rights? Depending on where you are located geographically, the applicable privacy law may mean you have certain rights regarding your personal information. Learn
more about your privacy rights.
How do you exercise your rights? The easiest way to exercise your rights is by visiting https://www.grahelli.co.uk, or by contacting us. We will consider and act upon any request in
accordance with applicable data protection laws.
Want to learn more about what Grahelli Photography does with any information we collect? Review the privacy notice in full.
TABLE OF CONTENTS
1. WHAT INFORMATION DO WE COLLECT?
2. HOW DO WE PROCESS YOUR INFORMATION?
3. WHEN AND WITH WHOM DO WE SHARE YOUR PERSONAL INFORMATION?
4. HOW LONG DO WE KEEP YOUR INFORMATION?
5. HOW DO WE KEEP YOUR INFORMATION SAFE?
6. DO WE COLLECT INFORMATION FROM MINORS?
7. WHAT ARE YOUR PRIVACY RIGHTS?
8. CONTROLS FOR DO-NOT-TRACK FEATURES
9. DO CALIFORNIA RESIDENTS HAVE SPECIFIC PRIVACY RIGHTS?
10. DO WE MAKE UPDATES TO THIS NOTICE?
11. HOW CAN YOU CONTACT US ABOUT THIS NOTICE?
12. HOW CAN YOU REVIEW, UPDATE, OR DELETE THE DATA WE COLLECT FROM YOU?
1. WHAT INFORMATION DO WE COLLECT?
Personal information you disclose to us
In Short: We collect personal information that you provide to us.
We collect personal information that you voluntarily provide to us when you express an interest in obtaining information about us or our products and Services, when you participate in
activities on the Services, or otherwise when you contact us.
Personal Information Provided by You. The personal information that we collect depends on the context of your interactions with us and the Services, the choices you make, and
the products and features you use. The personal information we collect may include the following:
names
phone numbers
email addresses
contact preferences
billing addresses
contact or authentication data
Sensitive Information. We do not process sensitive information.
Payment Data. We may collect data necessary to process your payment if you make purchases, such as your payment instrument number, and the security code associated with
your payment instrument. All payment data is stored by Stripe. You may find their privacy notice link(s) here: https://stripe.com/gb/privacy.
All personal information that you provide to us must be true, complete, and accurate, and you must notify us of any changes to such personal information.
2. HOW DO WE PROCESS YOUR INFORMATION?
In Short: We process your information to provide, improve, and administer our Services, communicate with you, for security and fraud prevention, and to comply with law. We may
also process your information for other purposes with your consent.
We process your personal information for a variety of reasons, depending on how you interact with our Services, including:
To deliver and facilitate delivery of services to the user. We may process your information to provide you with the requested service.
To respond to user inquiries/offer support to users. We may process your information to respond to your inquiries and solve any potential issues you might have with the
requested service.
To fulfil and manage your orders. We may process your information to fulfil and manage your orders, payments, returns, and exchanges made through the Services.
To comply with our legal obligations. We may process your information to comply with our legal obligations, respond to legal requests, and exercise, establish, or defend our
legal rights.
3. WHEN AND WITH WHOM DO WE SHARE YOUR PERSONAL INFORMATION?
In Short: We may share information in specific situations described in this section and/or with the following third parties.
We may need to share your personal information in the following situations:
Business Transfers. We may share or transfer your information in connection with, or during negotiations of, any merger, sale of company assets, financing, or acquisition of
all or a portion of our business to another company.
4. HOW LONG DO WE KEEP YOUR INFORMATION?
In Short: We keep your information for as long as necessary to fulfil the purposes outlined in this privacy notice unless otherwise required by law.
We will only keep your personal information for as long as it is necessary for the purposes set out in this privacy notice, unless a longer retention period is required or permitted by law
(such as tax, accounting, or other legal requirements).
When we have no ongoing legitimate business need to process your personal information, we will either delete or anonymise such information, or, if this is not possible (for example,
because your personal information has been stored in backup archives), then we will securely store your personal information and isolate it from any further processing until deletion
is possible.
5. HOW DO WE KEEP YOUR INFORMATION SAFE?
In Short: We aim to protect your personal information through a system of organisational and technical security measures.
We have implemented appropriate and reasonable technical and organisational security measures designed to protect the security of any personal information we process. However,
despite our safeguards and efforts to secure your information, no electronic transmission over the Internet or information storage technology can be guaranteed to be 100% secure,
so we cannot promise or guarantee that hackers, cybercriminals, or other unauthorised third parties will not be able to defeat our security and improperly collect, access, steal, or
modify your information. Although we will do our best to protect your personal information, transmission of personal information to and from our Services is at your own risk. You
should only access the Services within a secure environment.
6. DO WE COLLECT INFORMATION FROM MINORS?
In Short: We do not knowingly collect data from or market to children under 18 years of age.
We do not knowingly solicit data from or market to children under 18 years of age. By using the Services, you represent that you are at least 18 or that you are the parent or guardian
of such a minor and consent to such minor dependent’s use of the Services. If we learn that personal information from users less than 18 years of age has been collected, we will
deactivate the account and take reasonable measures to promptly delete such data from our records. If you become aware of any data we may have collected from children under
age 18, please contact us at graham@grahelli.co.uk.
7. WHAT ARE YOUR PRIVACY RIGHTS?
In Short: You may review, change, or terminate your account at any time.
If you are located in the EEA or UK and you believe we are unlawfully processing your personal information, you also have the right to complain to your Member State data protection
authority or UK data protection authority.
If you are located in Switzerland, you may contact the Federal Data Protection and Information Commissioner.
Withdrawing your consent: If we are relying on your consent to process your personal information, which may be express and/or implied consent depending on the applicable law,
you have the right to withdraw your consent at any time. You can withdraw your consent at any time by contacting us by using the contact details provided in the section 'HOW CAN
YOU CONTACT US ABOUT THIS NOTICE?' below.
However, please note that this will not affect the lawfulness of the processing before its withdrawal nor, when applicable law allows, will it affect the processing of your personal
information conducted in reliance on lawful processing grounds other than consent.
If you have questions or comments about your privacy rights, you may email us at info@grahelli.co.uk.
8. CONTROLS FOR DO-NOT-TRACK FEATURES
Most web browsers and some mobile operating systems and mobile applications include a Do-Not-Track ('DNT') feature or setting you can activate to signal your privacy preference
not to have data about your online browsing activities monitored and collected. At this stage no uniform technology standard for recognising and implementing DNT signals has been
finalised. As such, we do not currently respond to DNT browser signals or any other mechanism that automatically communicates your choice not to be tracked online. If a standard
for online tracking is adopted that we must follow in the future, we will inform you about that practice in a revised version of this privacy notice.
9. DO CALIFORNIA RESIDENTS HAVE SPECIFIC PRIVACY RIGHTS?
In Short: Yes, if you are a resident of California, you are granted specific rights regarding access to your personal information.
California Civil Code Section 1798.83, also known as the 'Shine The Light' law, permits our users who are California residents to request and obtain from us, once a year and free of
charge, information about categories of personal information (if any) we disclosed to third parties for direct marketing purposes and the names and addresses of all third parties with
which we shared personal information in the immediately preceding calendar year. If you are a California resident and would like to make such a request, please submit your request
in writing to us using the contact information provided below.
If you are under 18 years of age, reside in California, and have a registered account with Services, you have the right to request removal of unwanted data that you publicly post on
the Services. To request removal of such data, please contact us using the contact information provided below and include the email address associated with your account and a
statement that you reside in California. We will make sure the data is not publicly displayed on the Services, but please be aware that the data may not be completely or
comprehensively removed from all our systems (e.g. backups, etc.).
10. DO WE MAKE UPDATES TO THIS NOTICE?
In Short: Yes, we will update this notice as necessary to stay compliant with relevant laws.
We may update this privacy notice from time to time. The updated version will be indicated by an updated 'Revised' date and the updated version will be effective as soon as it is
accessible. If we make material changes to this privacy notice, we may notify you either by prominently posting a notice of such changes or by directly sending you a notification. We
encourage you to review this privacy notice frequently to be informed of how we are protecting your information.
11. HOW CAN YOU CONTACT US ABOUT THIS NOTICE?
If you have questions or comments about this notice, you may contact our Data Protection Officer (DPO) , Graham Elliott, by email at graham@grahelli.co.uk, by phone at
07473652587, or by post to:
Grahelli Photography
Graham Elliott
28 Bathurst Road
Folkestone, Kent CT20 2NS
England
12. HOW CAN YOU REVIEW, UPDATE, OR DELETE THE DATA WE COLLECT FROM YOU?
Based on the applicable laws of your country, you may have the right to request access to the personal information we collect from you, change that information, or delete it. To
request to review, update, or delete your personal information, please visit: https://www.grahelli.co.uk.
DISCLAIMER
Last updated ___03/May/2023_______
WEBSITE DISCLAIMER
The information provided by Grahelli Photography ("we," "us," “I,” “or "our") on https://www.grahelli.co.uk (the "Site") and our mobile application is for general informational purposes only. All information on the
Site and our mobile application is provided in good faith, however we make no representation or warranty of any kind, express or implied, regarding the accuracy, adequacy, validity,
reliability, availability, or completeness of any information on the Site or our mobile application. UNDER NO CIRCUMSTANCE SHALL WE HAVE ANY LIABILITY TO YOU FOR ANY
LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SITE OR OUR MOBILE APPLICATION OR RELIANCE ON ANY INFORMATION PROVIDED
ON THE SITE AND OUR MOBILE APPLICATION. YOUR USE OF THE SITE AND OUR MOBILE APPLICATION AND YOUR RELIANCE ON ANY INFORMATION ON THE SITE
AND OUR MOBILE APPLICATION IS SOLELY AT YOUR OWN RISK.
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