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Terms and Conditions

 

 

THE DEFINITIONS

“Nek Vardikos Photographia & Video” or “Nek Vardikos Photography”, the “photographer(s)” or “videographer(s)”, “creator(s)” or “artist(s)”, “we” means Mr.Nektarios Vardikos trading as Nek Vardikos Photographia and Video, including any employees or associates. The “client(s)” means any person, body, agency or company or model with whom Nek Vardikos Photographia and Video has an agreement for the provision of services or the supply of goods. The “client” shall mean the person/organisation named in the formal quotation/order-form/pre-invoice/invoice, to whom or to which we agreed to provide photography or videography services (shooting/editing) whether or not the client is acting for a third party. The client shall – where the context so admits – include their respective assignees, sub-licensees and successors in title. “Photograph”, “image”, “photo”, “picture”, “file”, “video”, “film”, “footage”, “product”, “goods”, means all photographic and video material furnished by Nek Vardikos Photography, whether digital files, prints, or any other type of physical or electronic material.

 

ABOUT THE AGREEMENT, THE COPYRIGHT, AND THE RIGHT TO A CREDIT

All clients who order services from Nek Vardikos Photographia and Video, agree from that point forward to be bound by these terms-agreement. Nothing in these terms nor any formal quotation shall give rights to any parties other than the client and Nek Vardikos Photography. This agreement constitutes an order for photographic and video services, including image or film editing as agreed to by both parties: Nek Vardikos Photographia and Video and the contracting party (client). The content included on Nek Vardikos Photography’s webpages and portfolios, such as text content, graphics, logo, images, files, photographs, videos, is the property of Nek Vardikos Photographia and Video. All photography and video copyrights, except music rights, are reserved by Nek Vardikos Photographia and Video, registered in England and Wales and they are protected by the international copyright laws and the Copyright, Designs and Patents Act 1988. Unless otherwise specified, it is understood that any and all rights of either final or sample photos and videos, or any type of digital media (hereinafter referred to as files), thereof shall remain the intellectual property of us and may be used for advertising, display or any other purposes thought proper by the creator. We retain the right in all cases to use the photographs and videos in any manner at any time and in any part of the world, only for the purposes of advertising in our portfolio and promoting our work. Nonetheless if the client wish the ordered photos/videos to be private, we will respect their wish. In that case the client has to notify us early, desirable prior the shooting. For publishing works such as books, press photos, or documentaries, the client-s or their agent, may by agreement with Nek Vardikos Photography have exclusively the whole of commercial license use. Nek Vardikos Photography’s name reserves the right to be printed on or in reasonable proximity to all published reproductions of photos and videos. By making such a request we also assert our right to be identified in the circumstances set out in Sections 77-79 of Copyright, Designs and Patents Act 1988 or any amendment or re-enactment thereof.

 

THE USE

The clients, have full printing rights of all the delivered photographs. they can use the photographs and videos and they are able to distribute them online. All photographs will be delivered in full resolution and free of any watermarks. Videos will be delivered in SD or HD resolution. Filming in 4K UHD is also available by special agreement. We can’t be held liable for any misuse of the files by third parties or for any internet stealing. The client has no right to reject or to refuse to accept any files, photos, video footage, music soundtrack choices, video editing, photo editing, created from Nek Vardikos Photographia and Video for aesthetic reason or for any other reason. All changes and revisions to the delivered photo or video products are subject to additional charges. The rights of the music we use in our videos belong to the rightful owners. If the client wishes a specific soundtrack/song to be used in the ordered video, they should notify us before filming. We cannot guarantee that the online videos on public view platforms such as Vimeo or YouTube, will remain active if their music rights belong to other creators; we recommend to our clients to choose royalty free music for their videos. The license to use the products comes into effect from the date of payment of the relevant invoices. No use of the photographs or videos may be made before payment in full of the relevant invoice(s), without permission from Nek Vardikos Photographia and Video.

 

ABOUT PAYMENT

To confirm an order or a booking for a specific date, a deposit of 50% is required and it is non-refundable. If the deposit has not been paid within the timescale required we cannot securely book the assignment and we also retain the right to cancel the work. Final payment (50% remaining) must be made before the date of shooting. For all clients payment must be made prior to the supply of any files, or the provision of any services. If the invoice is not paid on time in full, we reserve the right to either cancel the job or to charge interest after 30 days at the rate prescribed by the Late Payment of Commercial Debt (Interest) Act 1998. The interest, will be charged from the date the payment was due until the date payment is made. Additionally we reserve the right to suspend ongoing services once any invoice issued to a client becomes overdue. We also reserve the right to inform the reason of this to third parties to whom this suspension of service affects. Payment may be made by cash, cheque or by bank transfer to the account detailed on the proforma/invoice.

 

EXPENSES AND FEES DEFINITION

All prices shown within our price lists are subject to change without prior notice. However a received agreed quotation will be not subjected to any price change. The main service price list shown within Nek Vardikos Photography‘s website, is for covering within London and Hertfordshire area. In case of any excess of this range limit, travel expenses will be required; in that case they will be referred and included in the final agreement/quotation. All standard packages and extra goods specified on the main section of the booking-form, are supplied at the prices ruling on the date of booking. Goods not specified on the main section are supplied at the prices ruling at the time of receipt of the order. Nek Vardikos Photographia & Video may make extra charges, should an assignment overrun which is beyond the control of Nek Vardikos Photography (e.g. the client is requesting additional shooters, photographs or videos, over and above the original order etc). Goods ordered after the agreement must be paid for in full at the time of ordering. All prices quoted to the client apply only to the original job description given to Nek Vardikos Photographia and Video by the client. We reserve the right to make additional charges for fees and expenses, should these specifications differ or change before or during the assignment. Wherever possible, Nek Vardikos Photography shall endeavour to provide an indication of what these additional charges will be. Where extra expenses or time are incurred by us as a result of alterations to the original brief by the client, or otherwise at their request, the client shall give approval to and be liable to pay such extra expenses or fees at Nek Vardikos Photographia and Video’s normal rate in addition to the expenses shown on the formal quotation as having been agreed or estimated. We are not subject to VAT, therefore we do not issue VAT receipts.

 

IN CASE OF CANCELLATION

We retain the right to cancel a contract or a work at any time and for reasonable explanations; in these circumstances we will give a written notice of the change at our earliest opportunity. If an early booking is cancelled by the client within 12 months of the agreement, we may charge 50% of our fee. If a booking is cancelled by the client 90 working days before of the service starting time, Nek Vardikos Photography reserves the right to charge his full fee. For cancellations/postponements due to weather conditions, we reserve the right to charge our full fee and expenses due to weather conditions on location. In the event of cancellation by Nek Vardikos Photography or in the unlikely event of total failure, liability shall be limited to a full refund of cleared payments. We will endeavour to put the client in touch with another professional photographer/videographer due to any cause beyond reasonable control e.g. injury, sudden illness, victim of crime etc.

 

COVERAGE AND FILE FORMATS

As full-day time coverage is considered a minimum 8 hours per day service, while half-day time coverage is considered an up to 4 hours per day service. In weddings, second/additional shooters (photographers or camera operators) cover from the agreed time until after first dance of the couple, while the main shooters cover generally for a much longer period of time. Shots taken during the course of an event will be at the discretion of the Nek Vardikos Photographia and Video although every effort will be made to comply with the clients requirements. Photographer/videographer shall be granted artistic license in relation to the poses, or angles captured, and the locations used. Nek Vardikos Photography and its associates’ judgements regarding these matters, shall be always deemed correct. The final products as a whole are an artwork of art expression and reflect the creator’s aestheticism and aspect, the former clients agreement provided. The acceptance of this agreement signifies the understanding and acceptance of the whole of the final artwork. The photographer/videographer shall endeavour to capture individuals or guests as requested by the client at some point, but no responsibility will be taken by the artist in case of leaving somebody or something out. For a booking involving a church ceremony or at some venues, the photographer/videographer’s movements are sometimes restricted by the official. The area from which the creator is able to cover the ceremony may not be his choice and we cannot accept responsibility for any obstructed view, should this be the case. Due to a variety of lighting conditions and the limitations of digital sensors, some colours may alter throughout a set of photos. Although all files delivered colour corrected and all equipment is checked regularly and reasonable steps are taken to ensure backup equipment is available, Nek Vardikos Photography will not be responsible for photos and videos that are not produced due to technical failure. For full-day services we ask from our clients to provide us food in a short break. The total number of files delivered varies, depending on the subject as well as the relevant conditions, and is up to the exclusive discretion of the creator. We normally do not shoot in RAW file format. In case we shoot in RAW, we cannot delivery in this format type but only in JPG full-size format. We only provide photographs in .JPG or .TIFF format. Since we do provide a full-long version of the videos we film, we don’t keep the unedited files for longer than 1-2 weeks from delivery. In any case the unedited files (photos or video footage) are not provided to the clients at all. Videos are delivered either in .MOV/.MP4 format (SD, HD or UHD resolution) by online transfer, or in DVD and BluRay discs.

 

PRODUCTS DELIVERY, PRINTS AND ALBUMS

Nek Vardikos Photographia and Video will edit and deliver digital files electronically of what we consider to be the best representation of every situation/subject covered. The delivery time is 1 to 15 weeks depending of the subject and the time of the year. Any albums and prints we provide they made from high quality materials by established manufacturers, however we cannot guarantee the amount of time they will remain in a perfect like-new condition. Popular manufacturers usually give 50 to 90 years of lifetime for their chemical photo prints, while many inkjet prints keep their colour strength for 20 to 50 years; however various factors such as humidity, bright light, inconstant temperature and frequent use can reduce the durability and lifetime of photo prints and binding of the albums. Cost for postage delivery outside of the UK is not included. We will not be liable for any delays in delivering product or services that are beyond our control. This includes but is not limited to; postage delay or failure, lab delays, acts of terrorism, war, government legislation, industrial action, adverse weather conditions, acts of God or fire. We will use reasonable endeavours to archive the files indefinitely. However, Nek Vardikos Photographia and Video makes no warranty about the nature of its archive past the date of first delivery of the files. Clients should treat the delivered files carefully. Nek Vardikos Photographia and Video recommends that the clients keep a safe back up and double copy of the files. We try to keep galleries online for a very long time, however we cannot guarantee that these galleries will remain active after 2 years period from delivery. For vouchers and coupons given by Nek Vardikos Photography, they should be used within 1 year from issue. For album orders we recommend to our clients to arrange a meeting (or a call/video meeting) with us, in order to review and finalise the design of the album pages. This meeting-review is possible to last long, usually 1 to 3 hours; although this is normally enough time to finalise an album, the meeting can not exceed the 3 hours duration. In case the client requests an additional meeting-review this cannot be arranged free of charge. The finalised album will be sent for printing right after the meeting and no other changes can be made after that.

 

INDEMNITY

While Nek Vardikos Photographia and Video takes all reasonable care in the performance of this agreement generally, he shall not, to the fullest extent permitted by law, be liable for any loss or damage suffered by the client or by any third party arising from use or reproduction of any image or its caption. The client agrees to indemnify us in respect of any claims or damages or any costs arising which Nek Vardikos Photographia and Video may incur as a result of use of any image supplied to the client by us infringing the intellectual property rights of a third party. The client must satisfy itself that all necessary rights, model releases or consents which may be required for reproduction, are obtained and it is acknowledged that Nek Vardikos Photography gives no warranty or undertaking that any such rights, model releases or consents have 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 image/video. In the event that the image or video is published or reproduced by or with the authority of the client then the client shall indemnify us against any loss or damage, proceedings or costs where such rights, releases or consents have not been obtained. Nek Vardikos Photographia and Video liability for all claims arising under this Agreement shall not exceed in any event the total amount paid.

 

IN CASE OF A PERSONAL ACCIDENT

The directions issued to clients, models, guests or employees during a shooting are deemed to be at said persons own risk. We cannot be held responsible for any personal accidents during a shooting.

 

CONCERNING CLIENT CONFIDENTIALITY AND APPLICABLE LAW

We will keep confidential and will not make use or disclose to any third parties of material or information communicated to us in confidence for the purposes of the shooting, save as may be reasonably necessary to enable us to carry out our obligations in relation to the files to be delivered. The client agrees to indemnify and hold Nek Vardikos Photographia and Video, his successors, employees, associates, service providers and suppliers, harmless from any dispute that may arise from your breach of these Terms or violation of any representations or warranties contained in these Terms. The client agrees to hold Nek Vardikos Photographia and Video and Mr.Nektarios Vardikos harmless from any claims or expenses, including reasonable attorney’s fees and court costs, related to any media or material provided by Nek Vardikos Photographia and Video. This agreement shall be governed by the laws of England & Wales.

 

GIFT CERTIFICATE

A gift certificate, coupon or voucher is valid until 12 months from the date of purchase and is not redeemable for cash. All gift vouchers must be paid for in full at time of purchase. The gift certificate is redeemable towards the cost of a photoshoot and/or the purchase of any optional services or available albums, at prices as displayed on the price lists (menu collections). Should a recipient wish to purchase further services, prints or albums over and above the value of their gift voucher/certificate then these will be charged for at our normal rates at the time of booking. No refunds will be offered on unused gift vouchers. It is the recipient’s responsibility to contact us and book their shoot within the allotted 12 months. Dates and times of the photoshoot sitting by appointment, dependent on clients’ requirements. The gift certificate has no monetary value other than the exchange of the gift certificate for pre-paid services. Nek Vardikos Photography’s gift vouchers cannot be redeemed anywhere other than with Nek Vardikos Photography.

 

ABOUT WARRANTY

It is not possible for us, our collaborators or employees, to guarantee continuous, uninterrupted or secure access to our services, and operation of the website, since it might be subject to interference by numerous factors outside of our control. Our website and services are provided “as is”, and as and when available and to the extent permissible by law, we exclude all implied warranties, conditions or other terms, whether implied by statute or otherwise, including without limitation any terms as to skill and care or timeliness of performance. Some jurisdictions do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you.

 

THE WARRANTY DISCLAIMER

This site and the materials and products on this site are provided “as is” and without warranties of any kind, whether express or implied. Nek Vardikos Photographia and Video disclaims to the fullest extent permissible pursuant to applicable law, all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. Nek Vardikos Photography does not represent or warrant that the functions contained in the website will be uninterrupted or free of error, that the defects will be corrected or that this website or the server that makes it available are free of viruses or other harmful components. Nek Vardikos Photographia and Video does not make any warrantees or representations regarding the use of the materials in this website in terms of their accuracy, correctness, adequacy, usefulness, reliability or otherwise.

 

THE ACCESS AND LICENSE OF THIS WEBSITE

Nek Vardikos Photography grants you a limited license to access and make personal use of this site but not to download or modify it or any part of it. You are granted a limited, revocable, and non-exclusive right to create hyperlinks to Nek Vardikos Photography pages, so long as the links do not portray Nek Vardikos Photography or its suppliers or their products or services in a false or misleading manner.

 

ABOUT THIRD-PARTY LINKS

In an attempt to provide increased value to our visitors, Nek Vardikos Photographia and Video may link to websites operated by third parties. However, even if the third party is affiliated with Nek Vardikos Photographia and Video, we have no control over these linked websites, all of which have separate privacy and data collection practices, independent of Nek Vardikos Photography. These linked websites are only for your convenience and therefore you access them at your own risk.

 

THE PRIVACY ISSUE

Nek Vardikos Photographia and Video has established a Privacy and Cookies Policy to explain to you how your information is collected and used. Your use of Nek Vardikos Photography’s website signifies acknowledgement and understanding of, and agreement to our Privacy and Cookies Policy.

At Nek Vardikos Photography, we retain the right in all cases to use the photographs in any manner at any time and in any part of the world, only for the purposes of advertising in our portfolio and promoting our work. Nonetheless, if the client(s) wish the photos to be private, we will respect their wish. In that case, they have to notify us earlier of capturing, to sign a special applicable agreement.

 

THE CASE OF CHANGES TO THIS AGREEMENT

We may change the terms of this Agreement in our sole discretion by posting a new version to the photo and video services. It is up to your discretion to accept or decline changes by closing, continuing or discontinuing use of the services to which the changes in this Agreement relate. Your use of our services after we make any changes will constitute your agreement to such changes.

 

SUPPORT

All our customers are of high importance to us and we try to respond to all enquiries within 48 hours.