Terms & Conditions

Introduction

Last updated: May 15, 2024

Welcome to SubtlePulse Photography. These terms and conditions outline the rules and regulations for the use of our website and services.

By accessing this website or using our services, we assume you accept these terms and conditions in full. Do not continue to use SubtlePulse Photography's website or services if you do not agree to all of the terms and conditions stated on this page.

Website Use Terms

The following terminology applies to these Terms and Conditions, Privacy Statement, and any or all Agreements: "Client", "You" and "Your" refers to you, the person accessing this website and accepting the Company's terms and conditions. "The Company", "Ourselves", "We", "Our" and "Us", refers to SubtlePulse Photography. "Party", "Parties", or "Us", refers to both the Client and ourselves, or either the Client or ourselves.

License to Use Website

Unless otherwise stated, SubtlePulse Photography and/or its licensors own the intellectual property rights for all material on this website. All intellectual property rights are reserved. You may view and/or print pages from the website for your own personal use subject to restrictions set in these terms and conditions.

You must not:

• Republish material from this website
• Sell, rent, or sub-license material from this website
• Reproduce, duplicate, or copy material from this website
• Redistribute content from this website (unless content is specifically made for redistribution)

User Account

If you create an account on our website, you are responsible for maintaining the security of your account and you are fully responsible for all activities that occur under the account. You must immediately notify us of any unauthorized uses of your account or any other breaches of security. We will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions.

Service Terms

Photography Services

All photography services provided by SubtlePulse Photography are subject to the following terms:

Booking and Payment

A booking is confirmed upon receipt of a signed contract and payment of the deposit. The deposit is non-refundable and secures your date. The remaining balance is due according to the payment schedule specified in your contract. Failure to make payment on time may result in cancellation of your booking.

Rescheduling

Requests to reschedule a session must be made in writing at least 14 days before the scheduled date. Rescheduling is subject to our availability and may incur additional fees. We cannot guarantee availability for rescheduled sessions.

Cancellation

Cancellations must be made in writing. Cancellation policies vary by service type and are detailed in your service contract. In most cases, deposits are non-refundable, and cancellations made within 30 days of the scheduled service date may be subject to the full service fee.

Delivery of Images

We strive to deliver final images within the timeframe specified in your contract. Delivery times may vary based on seasonal demand. Digital images will be delivered via online gallery, and physical products will be delivered to the address provided at booking.

User Responsibilities

When using our website or services, you agree to:

• Provide accurate, current, and complete information when filling out any forms on our website
• Maintain and promptly update your account information
• Protect the security of your account and password
• Assume responsibility for all activities that occur under your account
• Notify us immediately of any unauthorized use of your account
• Not use our website or services for any illegal or unauthorized purpose
• Not violate any laws in your jurisdiction (including but not limited to copyright laws)

Website Conduct

You agree not to use the website:

• In any way that violates any applicable national or international law or regulation
• To transmit, or procure the sending of, any advertising or promotional material, including any "junk mail", "chain letter," "spam," or any other similar solicitation
• To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity
• To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the website, or which, as determined by us, may harm the Company or users of the website or expose them to liability

Additionally, you agree not to:

• Use the website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of the website
• Use any robot, spider, or other automatic device, process, or means to access the website for any purpose, including monitoring or copying any of the material on the website
• Use any manual process to monitor or copy any of the material on the website or for any other unauthorized purpose without our prior written consent
• Use any device, software, or routine that interferes with the proper working of the website
• Introduce any viruses, Trojan horses, worms, logic bombs, or other material which is malicious or technologically harmful
• Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the website, the server on which the website is stored, or any server, computer, or database connected to the website
• Attack the website via a denial-of-service attack or a distributed denial-of-service attack
• Otherwise attempt to interfere with the proper working of the website

Intellectual Property

Website Content

The content on our website, including but not limited to text, graphics, logos, images, audio clips, digital downloads, data compilations, and software, is the property of SubtlePulse Photography or its content suppliers and is protected by international copyright laws.

Photography Copyright

All photographs created by SubtlePulse Photography are protected by copyright law. Copyright in all photographs remains with SubtlePulse Photography unless explicitly transferred in writing.

License to Clients

When you purchase photography services, you are granted a non-exclusive license to use the resulting photographs for personal use as specified in your service contract. This license does not include the right to sell, publish, or distribute the photographs commercially without our written permission.

Commercial Use

For commercial photography services, the specific usage rights will be outlined in your contract. Any use beyond what is specified requires additional licensing and fees.

Model Release

Unless otherwise specified in writing, SubtlePulse Photography reserves the right to use any photographs for promotional purposes, including but not limited to advertising, display, website, and publication.

Limitation of Liability

To the maximum extent permitted by applicable law, in no event shall SubtlePulse Photography, its directors, employees, partners, agents, suppliers, or affiliates be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from:

• Your access to or use of or inability to access or use the website or services
• Any conduct or content of any third party on the website
• Any content obtained from the website
• Unauthorized access, use, or alteration of your transmissions or content

In no event shall our total liability to you for all claims, damages, losses, and causes of action exceed the amount paid by you, if any, for accessing our website or using our services.

Photography-Specific Limitations

While we take the utmost care with all commissions, we cannot guarantee specific outcomes for every session. Factors beyond our control (weather, subject cooperation, etc.) may affect results. Our liability is limited to the amount paid for the specific service.

Equipment Failure

While we maintain backup equipment, in the event of camera or storage media failure, our liability is limited to a refund of payments made. We are not liable for any consequential or indirect loss.

Indemnification

You agree to defend, indemnify, and hold harmless SubtlePulse Photography, its directors, employees, partners, agents, suppliers, and affiliates from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms and Conditions or your use of the website or services.

Governing Law

These Terms and Conditions shall be governed by and construed in accordance with the laws of the United Kingdom, without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms and Conditions will not be considered a waiver of those rights. If any provision of these Terms and Conditions is held to be invalid or unenforceable by a court, the remaining provisions of these Terms and Conditions will remain in effect.

Changes to Terms and Conditions

We reserve the right to modify these terms and conditions at any time. Changes and clarifications will take effect immediately upon their posting on the website. If we make material changes to this policy, we will notify you here that it has been updated, so that you are aware of what information we collect, how we use it, and under what circumstances, if any, we use and/or disclose it.

It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or services following the posting of any changes to these Terms and Conditions constitutes acceptance of those changes.

Contact Information

If you have any questions about these Terms and Conditions, please contact us:

• By email: [email protected]
• By phone: +445591923347
• By mail: 10 Graham Run West Keeley, ST3 2HB, United Kingdom