Terms and conditions & Privacy Policy & Model rights & Copyrights

Definitions
"The Photographer"  meaning Phil Tubbax, Brussels, Belgium. "The Client" meaning any person, body of persons, firm or Company with whom the Photographer enters into a contract/deal for the sale of goods or provision of services by the Photographer. 

 

Acceptance of Terms and Conditions 
All contracts and transactions between the Photographer 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 Photographer and all or any of its Clients. 

 

Copyright and Ownership 
In accordance with the Copyright, Designs & Patents Act 1988, the copyright of all images created by the Photographer is owned by the Photographer.  Unless the Photographer gives written authorisation, the Client is forbidden by law to copy any images created by the photographer and  agrees that all photographic reprints, digital duplications or copies of any type made from images created by the Photographer shall only be carried out by the Photographer. The licence to reproduce such images is granted to the Client on the understanding that all invoices are paid within the Photographer's stated payment terms. 

Reproduction rights (if and when granted) are strictly limited to the use specified on the Photographer's invoice and/or quotation. An agreement must be reached with the Photographer before the pictures are used for a different purpose or after the licence to use has expired. The Photographer reserves the right to charge an additional fee if the photographs are used for purposes other than what is shown on the Photographers invoice and/or quotation. 

If the Client wishes to own the copyright of images created by the Photographer, an additional fee will be paid by the Client to the Photographer 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 Photographer may contact the copyright holder of the said image to confirm that authorisation to copy the image has been given. The Client agrees to fully indemnify the Photographer 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 Photographer remain the property of the Photographer. The Photographer 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 Photographer reserves the right to make reproductions of images created during assignments for marketing, promotional, competition and editorial purposes. 

 

Cancellation Fees / Overruns 
If a booking is cancelled by the Client within one or two working day of the starting time, the Photographer reserves the right to charge his full fee for the assignment. If a booking is cancelled within tree or four working days of the starting time, the Photographer may charge 50% of his fee. 

For cancellations/postponements due to weather conditions, the Photographer reserves the right to charge his full fee and expenses due to weather conditions on location. 

In such instances, the Photographer 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 photographer may make additional charges should an assignment overrun which is beyond the control of the Photographer ( e.g. including but not limited to; the Client requesting additional photographs over and above the Client's original brief etc).

 

Payment Terms
For all non-account Clients, payment for all products and services provided by the Photographer must be made upon completion of the assignment. 

For authorised account holders, payment of the Photographer's invoice must be made within 14 days of the date of that invoice. The Photographer reserves the right to withdraw account facilities and services without notice should the Client fail to pay the Photographer's invoice(s) within 14 days. 

The photographer reserves the right to charge interest on all overdue invoices at a rate of 10% per month above overdraft rate until the said invoices have been paid in full. 

 

Retention of Title 
The Photographer reserves the right to retain all of the Clients materials in his possession until all monies owed to the Photographer have been paid in full. Furthermore, the licence to reproduce images created by the Photographer will also be revoked until payment has been made. 

 

Fees and Expenses
All prices quoted to the Client apply only to the original job description and specifications given to the Photographer by the Client.  The Photographer 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 Photographer shall endeavour to provide an indication of what these additional charges will be. 

 

Representation
The Client shall ensure that there is an authorised representative present at the assignment to ensure the correctness of the Photographer's interpretation of the Clients brief. In the event of no Client representation, the Photographer's interpretation of the brief shall be deemed as correct. 

 

Sizes and Colour Matching
Whilst every effort is made to meet the Client's requirements, all sizes quoted by the Photographer are approximate. The Client must inform the Photographer on occasions where accurate sizing is critical. 

 

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 Photographer will make reasonable endeavours to ensure that items delivered by a third party are suitably packaged for transit. The Photographer 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 Photographer will provide suitable loss/damage cover for an additional charge. 

 

Confidentiality
The Photographer 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 Photographer agrees to keep this information secret and not to disclose such information to other parties except as required by law. 

 

Conduct 
The Client shall be responsible for the behaviour of any persons accompanying them to an assignment. The Photographer reserves the right to terminate any assignment without notice if he deems the Clients behaviour to be unruly or unsafe. In such instances, the Photographer 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 Photographer or his agents for any loss/damage they cause to property or equipment. 

 

Delivery of Products and Services

The supply of products and services are provided by the Photographer on a best endeavours basis. The Photographer will not be liable for delays that are beyond his reasonable control. The Photographer shall use reasonable endeavours to meet agreed deadlines where applicable. The Photographer 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. 

 

Prices & Terms
All prices shown within the Photographer's price list are subject to change without prior notice. 
The Photographer reserves the right to amend these Terms and Conditions without prior notice. 

 

Rush Services
The Photographer reserves the right make an additional charge should the Client request a rush service. This service is subject to availability and cannot be guaranteed. 

Portrait Rights for models on this website:

If a model, at any time or for any reason, wish to be removed from this website, please send us an email to info@philtubbax.com and we will remove it as soon as possible. Even if models agreed in the past for photos to be used, life can change, things can happen, .... so we respect new decisions.

This privacy policy sets out how PHIL TUBBAX uses and protects any information
that you give 
PHIL TUBBAX when you use this website.

PHIL TUBBAX is committed to ensuring that your privacy is protected. Should we ask you to provide certain information by which you can be identified when using this website, then you can be assured that it will only be used in accordance with this privacy statement.

PHIL TUBBAX may change this policy from time to time by updating this page. You should check this page from time to time to ensure that you are happy with any changes. This policy is effective from 1 December 2013.

What we collect

We may collect the following information:

  • name and job title

  • contact information including email address

  • demographic information such as postcode, preferences and interests

  • other information relevant to customer surveys and/or offers

 

What we do with the information we gather

We require this information to understand your needs and provide you with a better service, and in particular for the following reasons:

Internal record keeping.
We may use the information to improve our products and services.
We may periodically send promotional emails about new products, special offers or other information which we think you may find interesting using the email address which you have provided.
From time to time, we may also use your information to contact you for market research purposes. We may contact you by email, phone, fax or mail. We may use the information to customise the website according to your interests.

Security

We are committed to ensuring that your information is secure. In order to prevent unauthorised access or disclosure we have put in place suitable physical, electronic and managerial procedures to safeguard and secure the information we collect online.

How we use cookies

A cookie is a small file which asks permission to be placed on your computer’s hard drive. Once you agree, the file is added and the cookie helps analyse web traffic or lets you know when you visit a particular site. Cookies allow web applications to respond to you as an individual. The web application can tailor its operations to your needs, likes and dislikes by gathering and remembering information about your preferences.

We use traffic log cookies to identify which pages are being used. This helps us analyse data about webpage traffic and improve our website in order to tailor it to customer needs. We only use this information for statistical analysis purposes and then the data is removed from the system.

Overall, cookies help us provide you with a better website, by enabling us to monitor which pages you find useful and which you do not. A cookie in no way gives us access to your computer or any information about you, other than the data you choose to share with us.

You can choose to accept or decline cookies. Most web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. This may prevent you from taking full advantage of the website.

Links to other websites

Our website may contain links to other websites of interest. However, once you have used these links to leave our site, you should note that we do not have any control over that other website. Therefore, we cannot be responsible for the protection and privacy of any information which you provide whilst visiting such sites and such sites are not governed by this privacy statement. You should exercise caution and look at the privacy statement applicable to the website in question.

Controlling your personal information

You may choose to restrict the collection or use of your personal information in the following ways:

whenever you are asked to fill in a form on the website, look for the box that you can click to indicate that you do not want the information to be used by anybody for direct marketing purposes
if you have previously agreed to us using your personal information for direct marketing purposes, you may change your mind at any time by writing to or emailing us at [email address]
We will not sell, distribute or lease your personal information to third parties unless we have your permission or are required by law to do so. We may use your personal information to send you promotional information about third parties which we think you may find interesting if you tell us that you wish this to happen.

If you believe that any information we are holding on you is incorrect or incomplete, please write to or email us as soon as possible, at the above address. We will promptly correct any information found to be incorrect.     Contact: info@philtubbax.com