1. Definitions
“The Company” means Goldmark Photography, 750 S Lincoln Ave #104-132, Corona CA. 92882. “The Client” means any person, body of persons, firm or company with whom the Company enters into a contract for the sale of goods or provision of services by the Company.
2. Acceptance of Terms & Conditions
All contracts and transactions between the Company and the Client whether made orally or in writing are subject to these terms and conditions which shall be deemed to be incorporated into any contract between the Company and all or any of its Clients.
3. Copyright and Ownership
In accordance with the Copyright, Designs & Patents Act 1988, the copyright of all images created by the Company is owned by the Company. Unless the Company gives written authorization, the Client is forbidden by law to copy any images created by the Company and agrees that all photographic reprints, digital duplications or copies of any type made from images created by the Company shall only be carried out by the Company. The license to reproduce such images is granted to the Client on the understanding that all invoices are paid within the Company’s stated payment terms.
Reproduction rights (if and when granted) are strictly limited to the use specified on the Company’s invoice and/or quotation. An agreement must be reached with the Company before the pictures are used for a different purpose or after the license to use has expired. The Company reserves the right to charge an additional fee if the photographs are used for purposes other than what is shown on the Company’s invoice and/or quotation.
If the Client wishes to own the copyright of images created by the Company, an additional fee will be paid by the Client to the Company for transferring the copyright. This fee will be mutually agreed by both parties. The transfer of copyright will only become applicable after this payment has been made in full.
On instances where the Client requests copies from media that they have supplied, all work is undertaken on the assumption that the Client has obtained written permission from the legal copyright holder for copies to be made. The Company may contact the copyright holder of the said image to confirm that authorization to copy the image has been given. The Client agrees to fully indemnify the Company in respect of any claims or damages or any costs arising in respect of claims for copyright violation made by a third party.
All original negatives, transparencies and digital files created by the Company remain the property of the Company. The Company will ensure that all such materials are stored safely for the Client and make them available for future reproduction in return for the relevant fee.
The Company reserves the right to make reproductions of images created during assignments for marketing, promotional, competition and editorial purposes.
4. Cancellation Fees / Overruns
If a booking is cancelled by the Client within one working day of the starting time, the Company reserves the right to charge his full fee for the assignment. If a booking is cancelled within two working days of the starting time, the Company may charge 50% of his fee. For cancellations/postponements due to weather conditions, the Company reserves the right to charge his full fee and expenses due to weather conditions on location.
In such instances, the Company may charge in full for his expenses (e.g. including but not limited to; hire of specialist equipment, props, model fees etc), that he may have incurred prior or during the assignment taking place.
The Company may make additional charges should an assignment overrun which is beyond the control of the Company (e.g. including but not limited to; the Client requesting additional photographs over and above the Client’s original brief etc).
5. Payment Terms
For all non-account Clients, payment for all products and services provided by the Company must be made on placement of an order or completion of the assignment.
For authorized account holders, payment of the Company’s invoice must be made within 30 days of the date of that invoice. The Company reserves the right to withdraw account facilities and services without notice should the Client fail to pay the Company’s invoice(s) within 30 days.
The Company reserves the right to charge interest on all overdue invoices at a rate of 3% per month above HSBC bank’s unsecured overdraft rate until the said invoices have been paid in full.
6. Retention of Title
The Company reserves the right to retain all of the Clients materials in his possession until all monies owed to the Company have been paid in full. Furthermore, the license to reproduce images created by the Company will also be revoked until payment has been made.
7. Fees & Expenses
All, prices quoted to the Client apply only to the original job description and specifications given to the Company by the Client. The Company reserves the right to make additional charges for fees and expenses should these descriptions or specifications differ or change before or during the assignment. Wherever possible, the Company shall endeavor to provide an indication of what these additional charges will be.
8. Representation
The Client shall ensure that there is an authorized representative present at the assignment to ensure the correctness of the Company’s interpretation of the Clients brief. In the event of no Client representation, the Company’s interpretation of the brief shall be deemed as correct.
9. Sizes and Color Matching
Whilst every effort is made to meet the Client’s requirements, all sizes quoted by the Company are approximate. The Client must inform the Company on occasions where accurate sizing is critical.
Due to limitations of materials and processes, it is not possible to guarantee 100% color matching. However, the Company will endeavor to provide the closest possible match.
10. Delivery Shortages / Loss and Damage in Transit
Claims for damage, non-delivery or shortages will not be considered unless notified in writing within seven days of delivery.
The Company will make reasonable endeavors to ensure that items delivered by a third party are suitably packaged for transit. The Company cannot accept liability for loss or damage caused by a third party. For valuable items, the Client should take out suitable insurance cover. Upon written request, the Company will provide suitable loss/damage cover for an additional charge.
Clients who choose to have items returned to them without loss/damage cover do so at their own risk.
11. Confidentiality
The Company acknowledges that in the performances of the services, he may receive information from the Client which is designated by the Client as confidential. Upon request from the Client, the Company agrees to keep this information secret and not to disclose such information to other parties except as required by law.
12. Conduct
The Client shall be responsible for the behavior of any persons accompanying them to an assignment. The Company reserves the right to terminate any assignment without notice if he deems the Clients behavior to be unruly or unsafe. In such instances, the Company reserves the right to charge his full fees and expenses as described in clause 4 of these Terms and Conditions. The Client will fully reimburse the Company or his agents for any loss/damage they cause to property or equipment.
13. Liability
The Client agrees that in all dealings with the Company, the Company’s liability will be limited to the following sums:
Public Liability: Limit of indemnity – $1,000.000.
Professional Indemnity: Limit of indemnity – $75,000.
14. Delivery of Products and Services
The supply of products and services are provided by the Company on a best endeavors basis. The Company will not be liable for delays that are beyond his reasonable control. The Company shall use reasonable endeavors to meet agreed deadlines where applicable. The Company shall not be liable for any delays in meeting any of his obligations which were due to causes beyond his reasonable control including but not limited to; postage/courier/lab delays, war/acts of terrorism, riots, government legislation, industrial action, adverse weather conditions, acts of God, floods, fire, loss or damage in transit etc.
15. Prices & Terms
All prices shown within the Company’s price list are subject to change without prior notice. The Company reserves the right to amend these Terms and Conditions without prior notice.
16. Rush Services
The Company reserves the right make an additional charge should the Client request a rush service. This service is subject to availability and cannot be guaranteed.
17. Images/Data Supplied in Electronic Format
For all images/data supplied to the Client in electronic format (including but not limited to electronic mail, CD’s/DVD’s etc), The Company will endeavor to ensure that the data sent is not corrupt and is virus-free by scanning the data with A propriety Antivirus software before dispatch. The Company cannot be held responsible for any damage, disruption and/or loss of any kind that the said media may cause to the Clients computer or data. The Client agrees to take similar steps to ensure that data sent to the Company is not corrupt and/or virus-free.
18. Law
This Agreement shall be subject to and constructed according to United States Law and the parties agree to accept the exclusive direction of the Courts of the United States and the State of California.
19. Privacy Policy
Goldmark Photography recognize the importance of protecting your privacy. Any information you provide through registration, or contact with us will only be used internally by ourselves. We will take all reasonable measures to safeguard your personal information.
Goldmark Photography and the staff are committed to protecting your privacy and developing technology that gives you a safe online experience. This Statement of Privacy applies to data collection and usage in connection with the caycenewman.com Website. Please read the complete Statement of Privacy below:
Please be aware that this Privacy Statement and the choices you make on this site will not necessarily apply to personal information you may have provided to us in the context of other, separately operated, Photography services.
We strictly protects the security of the personal information you provide. Personal information we collect is stored in password-controlled servers with limited access, and we carefully protect this information from loss or misuse, and from unauthorized access, disclosure, alteration, or destruction.
We do not rent, sell, or share personal information about you with third parties except to provide products or services you’ve requested, when we have your permission, or under the following circumstances:
a.) We responds to subpoenas, court orders, or legal process, or to establish or exercise our legal rights or defend against legal claims.
b.) Goldmark Photogaphy believes it is necessary to share information in order to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person, violations of our terms of use, or as otherwise required by law.
20. Information Gathering
Like most websites, we monitor our traffic, including what pages are visited most ofter, and your IP address. None of this information we gather contains personally identifiable information, and it is used improve our website.
21. Use of Cookies
A cookie is a text-only string of information that a website transfers to the cookie file of the browser on your computer’s hard disk so that the website can remember who you are.
We use cookies for authentication when using our services which require a login, such as View Client Images, and also use them to identify you as a unique visitor (just a number).
Disabling/Enabling Cookies – You have the ability to accept or decline cookies by modifying the settings in your browser. However, you will not be able to use all the interactive features of our site if cookies are disabled. Find out how to disable/enable cookies.
