Terms & Conditions

1 - Introduction
When using any service or products that Focalpoint supply, you are legally bound to the following terms and conditions of business unless otherwise specifically agreed in writing. These terms and conditions may vary from time to time and Focalpoint reserves the right to amend this agreement which will be re-posted on Focalpoint's web site when required.

2 - Photographic Brief and Quotation
Before any photographic commission takes place, Focalpoint shall be in possession of a clear brief and shall have agreed the price of the commission by way of a written quotation. The brief is essential in order to establish the exact objectives of the photographic session and to ensure that the site or subject to be photographed is with full permission and has been fully prepared in accordance with section 4 of these terms and conditions. If a site survey is required, the cost shall be agreed and paid prior to the commission taking place. Unless otherwise stated, the quotation shall only include the photographs being supplied in digital JPEG format via e-mail or sent on CD-ROM. Photographic prints can be supplied at an additional cost to be agreed. Focalpoint shall use the equipment and methods it sees fit to take the photographs in accordance with your proposed use of the images in the brief. You retain personal reproduction rights for the photographs as stated in section 6. Focalpoint reserves the right to reject any commission.

3 - Payment
Focalpoint will carry out a commission based upon an written order and submit an invoice upon completion of the commission. The invoice must be settled prior to any photographic material being sent to the you unless a prior payment arrangement has been agreed in writing. If a payment is not settled within 14 days of invoice date, Focalpoint reserves the right to charge interest at 5% per month. Focalpoint reserves the right to retain all material supplied until payment is received in full.

4 - Photographic Permission
You shall be responsible for obtaining all relevant permission from the client, prior to Focalpoint arriving on site to carry out the commission. This permission shall include legal access, authority to take the commission from the owner and the police or local authority authorization where required. In some public places or when taking aerial photographs, a licence or police authority may be required which, shall be your responsibility. If all relevant permission and access is not obtained when Focalpoint arrives on site, you shall be liable for the full cost of the commission. Focalpoint has the right make the final judgment on whether the site is suitable and safe for the photographic commission.

5 - The Commission
Once Focalpoint has received a written order, the commission will take place at the agreed place, date, time and for the quoted price unless instructed in writing by either party. Any notice of cancellation less than 24hrs prior to the agreed time shall be charged at 80% of the invoice value. All cancellations shall be in writing. You shall be responsible for obtaining all permission and preparing the site or subject for photography prior to Focalpoint arriving on site, unless otherwise agreed in writing. If you or Focalpoint are unsure about the feasibility of photographing at the location, a site survey can be arranged at an agreed fee. Once on site, Focalpoint reserves the right to invoice you at the full rate whether or not the commission is completed, unless a prior arrangement has been reached in writing. You will also be invoiced for the full amount if Focalpoint arrives on at the location but cannot obtain access to the site.

6 - Copyright
At all times, Focalpoint exclusively owns all copyright and intellectual property rights of all photographic material and resulting images from a commission. Personal reproduction rights of the photographic material and resulting images from the commission shall remain with you once the invoice has been settled. You are prohibited to alter any material supplied by Focalpoint without first receiving written permission from Focalpoint. Use of the commissioned material by a third party will require written permission from Focalpoint along with an extra fee. Focalpoint's exclusive copyright of the photographic images supplied allows Focalpoint to use any of the images for any purpose unless otherwise agreed in writing.

7 - Liabilities
Focalpoint endeavors to carry out the commission as stated in the agreed brief. Whether the commission is or is not completed, Focalpoint shall be limited to the fees agreed in the quotation for the specific job, not any resulting losses or damages. Weather plays a major part in any photographic commission and is a factor that is difficult to forecast accurately. Focalpoint will liaise with you a day or 2 before the commission to establish the overall forecast for the agreed date. The commission can be cancelled due to weather forecasts up to 24 hours before the agreed time, however if both parties agree to go ahead with the commission with under 24 hours to go, you must pay 80% of the invoice value dispite the weather conditions at the time of the commission. In any circumstances where you are not completely satisfied with the photographic quality or services provided, Focalpoint will have the the final say in the arrangement of a satisfactory outcome. Focalpoint will not be liable for any financial refund but will, at its discretion redo the commission.