UPDATED JANUARY 1ST 2019
When using the services and products of Mark Hardy, you agree to be legally bound by the following terms and conditions. These terms and conditions shall apply to all commissions and associated work undertaken by Mark Hardy. By accepting the purchase order by email, you agree to be bound by these Terms and Conditions, as amended from time to time. In these terms and conditions ‘Mark Hardy’,’ his’ or ‘I’ means Mark Hardy. In these terms and conditions ‘Client’, ‘you’ or ‘your’ means the commissioning client, company or person instructing or placing an order for any service to be carried out by Mark Hardy.
1) Prices may be amended at any time. Where I amend a price quoted to you, I shall give you notice of such change.
2) All copyright and other intellectual properties relating to all instructions or orders are owned exclusively by Mark Hardy. The usage rights to all content are for the sole and exclusive use of the commissioning client in relation to the marketing of the property named in the original order or instruction and are subject to a limited licence for that purpose. The client shall not be entitled to release or assign any content to a third party, including to vendors or other agents, without the written consent of Mark Hardy, and the appropriate additional fee payable to Mark Hardy. Sharing content with a third party will incur an additional fee as set out in the price list. This must be paid before the images are shared and the price is per additional party. Where you release or communicate any content to a third party, you agree that you shall be liable for such fees.
3) Mark Hardy will accept cancellations and postponements up to 5pm on the day before the booked appointment without charge. If notice of cancellation or postponement is received after 5pm on the day before the booked appointment then I reserve the right to charge 50% of the instruction fee.
4) It is the sole responsibility of the client to make sure that any premises to be visited by Mark Hardy are in a suitable condition. Mark Hardy reserves the right to cancel any visit or leave any premises that he believes to be unsafe or too untidy to be photographed, in which case you will be charged the entire fee quoted. Although Mark Hardy will always do his best to make a property look it’s best, it is not his responsibility to move heavy objects such as furniture. Any heavy objects must be moved prior to him attending the premises, not during the appointment.
5) Mark Hardy endeavours to deliver images by email or third party service up to 7 working days after the final property visit. All images will be supplied in jpeg format unless otherwise stated. Mark Hardy is not liable to any delay in delivery of images for any reason.
6) Mark Hardy reserves the right to cancel bookings at short notice due to external factors beyond his control, such as extreme weather conditions, traffic disruption, or personal circumstances.
7) Mark Hardy reserves the right to reject any commission for any reason.
8) Mark Hardy reserves the right to change these terms and conditions. When he does so he shall give you notice of such changes via email.
9) Regular clients will be invoiced around the end or start of the month. Payment must be received within the payment term of the invoice. If payment is not received by Mark Hardy in credited funds by the due date, then Mark Hardy reserves the right to charge interest under the Late Payment of Commercial Debts (Interest) Act 1998 (the “1998 Act”). Where the 1998 Act does not apply, you agree that interest on overdue payment shall apply at a rate of 8% above the Bank of England base rate until such debt is satisfied. All invoices will be sent by email unless otherwise instructed.
10) Images are hosted for the client in an online gallery, Mark Hardy shall not be liable for any unscheduled downtime of this gallery. In the event of any such unscheduled downtime, he shall try to find alternate methods to deliver your files as soon as he can whenever possible.
11) All image files are held in an online gallery for a minimum time of 3 months following their initial upload. All images are backed up on secure servers after this time and can be retrieved for a fee of £50 for up to a period of 3 years from the shoot date.
12) Mark Hardy is insured to produce elevated photography and qualified, insured as required, and authorised by the Civil Aviation Authority (CAA) to carry out commercial drone operations for his clients. It is at Mark Hardy’s discretion as to whether it is safe and legal to carry out this service. He reserves the right to retract the commission at any time based on analysis of operating the equipment in a safe environment, taking into account factors such as weather, overhead power lines, nearby roads, flight paths, disruption wildlife, disruption of privacy issues. If the drone photography service cannot be carried out for any reason the client will be informed and the fee for the drone service will not be charged.
13) Mark Hardy operates as an independent service provider and as such does not offer services exclusively to any one client. No client of Mark Hardy is permitted to offer or advertise his services as being exclusive to them.
14) Mark Hardy reserves the right to use any content for his own marketing or advertising purposes either in print or on the web without any prior notice or consultation, unless directly requested not to, prior to the shoot.
15) Where payment of a vendor’s invoice is unsuccessful, the marketing agent shall be liable for the full fee to be paid at the end of the following month. Unsuccessful payment is defined by the writing of 3 letters or emails from Mark Hardy to the vendor, two weeks apart.
16) These terms & conditions are non-negotiable and form the entire agreement between you and Mark Hardy unless expressly agreed in writing by Mark Hardy.
17) Mark Hardy’s liability for the performance of all commissions and associated work undertaken for you is limited to the price of the relevant commission or work. You agree that on yours and the vendors behalf, Mark Hardy shall not be liable in excess of such amount.
18) You agree that it is your responsibility to inform any vendor(s), owner(s) and/or occupant(s) of the property of these terms and conditions and that they should read and accept them before any agreement to commission Mark Hardy should take place.
19) Mark Hardy shall only be liable for direct loss under clause 17 above. You agree that his liability for direct loss shall exclude any loss of business, loss of profit or any additional expenses you may incur. Mark Hardy shall not be liable for any indirect or consequential loss under any circumstances.
20) Any articles or sources in print or online including social media platforms that do not include the commissioning clients logo and so are not in their entirety direct Marketing material must credit Mark Hardy as the photographer
21) These terms and conditions are governed by English law and are subject to the exclusive jurisdiction of the courts of England & Wales.
Mark Hardy, 20 Riverside Park Industrial estate, Dogflud Way, Farnham, Surrey, GU9 7UG