Terms & Conditions

The terms listed below shall be deemed as a contract between you (the client€�) and Matthew Burch t/a Main Mast Photography.

Service & Orders

Main Mast Photography will carry out Ground Based Mast Photography using a vehicle mounted/ portable (50ft) telescopic mast system or hand held 25’ mast as appropriate. The use of the vehicle/portable mast system will depend on the specific requirements of "the client" and site access, but will be agreed at the time of placing the order. An order, confirming proposed date(s) of site visit(s), number of mast positions and any other specific requirements, will be agreed either verbally or in writing (including email) prior to services being carried out by Main Mast Photography. Details regarding site access, property position and other factors which may have a bearing on Main Mast Photography will be requested at this time. Please note, failure to provide such information, which results in an abortive trip to the site, may result in a charge being made by Main Mast Photography to cover time and associated travel costs.

Digital Manipulation of Images

Some digital images may require some basic alteration in relation to exposure, toning, colouring & sharpening, prior to printing. This work can be carried out within the cost of Main Mast Photography’s agreed fees. Please note that photographs which will be used to sell or market property should not be altered in any way which may misrepresent the property concerned, i.e. power lines or background/adjoining buildings removed. If the client€� digitally manipulates any images, Main Mast Photography cannot be held liable for any misrepresentation that may occur, if these photographs are subsequently used for such purposes. Please see the Copyright note in these Terms and Conditions.

Price

The cost of services to be provided by Main Mast Photography will be based on specific requirements of "the client", e.g. locations/s, number of mast positions, images, mileage travelled, special requests etc. Please note should agreed orders subsequently change, Main Mast Photography reserves the right to charge for additional services provided/time incurred.

Payment Terms

Full payment is due on presentation of Main Mast Photography’s invoice, which will be delivered with the final images, unless agreed otherwise. Main Mast Photography reserves the right to charge interest at the prevailing bank base rate +2% if payment is not made within 30 days of the invoice date. Cheques should be made payable to Main Mast Photography and where necessary posted to: Matthew Burch, Main Mast Photography, 9 Prospect Road, Rowledge, Farnham, Surrey, GU10 4AH.

Non payment may result in any and all licences or permissions being revoked.

Delivery of completed images

All photographs will be delivered in digital .jpeg format, burnt to CD or DVD as soon as possible after completion of the photography session as agreed with the client€�. Please note delivery of special requests, e.g. photo manipulation or printing will take longer and a delivery timescale will be agreed at the time of ordering. Where possible all deadlines agreed at the time of order will be met, unless notified otherwise (see note below regarding weather conditions).

Permission

In most instances where photographs are taken from public places or highways, permission is not required to carry out photography. In certain circumstances however where access is required to private land to obtain photographs, where parking restrictions are in place, or where a site is close to a sensitive area (Military installation, airport, government buildings) permission may be required.

"The client" will be responsible for obtaining the appropriate permission to enable photography to take place. Failure to obtain such permission may result in photography not being possible and the agreed fee will be incurred. However, Main Mast Photography will seek verbal permissions wherever possible at the time of the photography.

Insurance

Main Mast Photography maintains £2,000,000 of Public Liability Insurance. The client€� may request written proof of the policy.

Weather Conditions

In order to operate safely and within the limits of the equipment, (Main Mast Photography’s judgement) from time to time weather conditions (high winds, lightening & rain) may preclude Ground Based Mast Photography from taking place. In such circumstances Main Mast Photography will contact "the client" and arrange to take the photographs as soon as possible after the originally agreed time.

Main Mast Photography cannot be held responsible for any missed deadlines in respect of "the client" not having received their order by the agreed deadline due to the prevailing weather conditions. Should work be interrupted by a change in weather conditions, Main Mast Photography will arrange for a further site visit, to carry out the completion of the work. Should a significant travel distance be involved a charge to cover expenses may need to be made. (Again, Main Mast Photography’s judgement)

If the booking is timed for a specific event or time and the weather prevents photography afterMain Mast Photography have arrived at the location, 50% of the agreed fee will be payable.

Please note if "the client" has specific requirements regarding conditions for their images (e.g. sunshine/angle of view) this must be agreed at the time of order. Main Mast Photography will make every effort to comply with these wishes however it may not be possible to achieve the requested images within a limited timescale.

Copyright

In all cases, unless specifically negotiated otherwise, copyright of images taken as part of a commission will remain with Main Mast Photography. Commissioned images will be supplied with either personal or corporate reproduction rights and this will be agreed at the time of ordering and illustrated by the fee package commissioned and charged.

Personal reproduction rights allow copying of images by "the client" for personal purposes only. Personal reproduction rights do not allow the use of images for corporate advertising, marketing or publicity in any way. Images with personal reproduction rights must not be placed on websites or on any other form of electronic media. Should "the client" subsequently wish to use the images for this purpose, written permission must be obtained from Main Mast Photography.

Corporate reproduction rights allow photographs to be reproduced by "the client" that has commissioned the images, within the boundaries of the original purpose for the commission. These images may be used by "the client" in their own promotional material, for marketing purposes, advertising, internet/intranet sites, on retail packaging etc. Images may be used in internal reports, client surveys and public reports where any charge for the report does not exceed £10 (Ten pounds)

Should the images be required for different purposes at a later time, permission must be sought from Main Mast Photography and a subsequent additional fee may be charged.

In all cases, images (in whole or part) may not be sold or passed to a third party (even without charge) without the express written permission being granted by Main Mast Photography. If such a request is made, Main Mast Photography reserves the right to charge a fee for use of the images by the third party. The level of this fee will be based on the proposed usage of the photograph.

Where photos are used to market property the images are licensed for same vendor marketing.  Should, after a property is sold, the same property be marketed with different vendors then an additional fee will be required.

Images bought via Photobox are delivered as hard copy prints. The images cannot be copied in any way.

Matthew Burch t/a Main Mast Photography reserves the moral right to be credited as the author of any published photographs.

Please note that unauthorised copying of a copyright image (in whole or part) or failure to give credit, are infringements of law and as such can be subject to criminal sanctions such as a fine or imprisonment or civil sanctions such as claims for damages, accounts, delivery up or injunctions precluding one's use of the images.

Image Useage

Main Mast Photography will not accept any liability should commissioned images be used in a defamatory manner by the Commissioner. Main Mast Photography also reserves the right to object to photographs being used in a manner which distorts, mutilates or is otherwise damaging to Matthew Burch and/or Main Mast Photography’s reputation. This objection may take the form of withdrawal of any rights to the images without a refund.

Unless specifically stated otherwise by "the client" in writing, Main Mast Photography reserves the right to use the commissioned images in promotional material relating to the business. In addition, Main Mast Photography reserves the right to make the images available for sale to a third party, unless specifically stated otherwise in writing by "the client", at the time of the commission being carried out.

Change of Terms and Conditions

Main Mast Photography reserves the right to change these Terms and Conditions without notice.

Trading Name

Main Mast Photography is a trading name of Matthew Burch

Elevated photography for Corporate and Private clients.

All photographs and content Copyright 2007-2010 Matthew Burch, Main Mast Photography.  All Rights Reserved.