Terms and Conditions


1. Introduction

2. Definitions

3. Estimates

4. Conduct of the Shoot

5. Pricing and Payment

6. Expenses

7. Acceptance, Collection and Delivery

8. Storage of Material

9. Copyright and Usage Licenses

10. Additional/Extended Usage

11. Exclusivity

12. Indemnity

13. Cancellation and Refund

14. Force Majeure

15. Site Use

1. Introduction

Terms and conditions are something that all companies have and here at UP8 Create Ltd we are no different.  The language used in Terms and Conditions can sometimes be off-putting but we will be happy to explain any uncertainties through email on hello@up8create.com

These terms and conditions govern your access and use of www.up8photography.co.uk and any services or products available.

UP8 Create Ltd reserves the right to change these Terms and Conditions at any time, effective immediately upon amendment of the Site. Client should periodically check this page of the Site for changes. UP8 Create Ltd will revise the date when there are any amendments to the Terms and Conditions at the bottom of this Terms and Conditions page.

By placing a booking, order, or purchase from UP8 Photography (UP8 Create Ltd) the client is agreeing to the Terms and Conditions laid out herewith.  All agreements made between the client and UP8 Create Ltd are to be compliant with these Terms and Conditions.

2. Definitions

The Client: The company or individual requesting the services of UP8 Create Ltd.

UP8 Create Ltd: The commissioned company whose details are set out in the Estimate and invoice(s) for an Assignment. (Company No – 12742299)

UP8 Photography: is a trading name of UP8 Create Ltd: A multimedia business and provider of corporate, family photography services, website, digital marketing agency and music services.  Additional Services may be offered by UP8 Photography from time to time for the other divisions of UP8 Create Ltd.

The Advertiser: Any client of the Client for whose benefit or use the Material is commissioned.

Estimate: Any email or other document electronic or otherwise created by UP8 Create Ltd and setting out the Fee and expenses for any Assignment along with information as to Usage Licenses.

Licensed Images: The still and/or moving images selected from the Material and as specified in the Estimate as to be licensed for use in accordance with these Terms.

Material: All photographic material created by UP8 Create Ltd pursuant to an Assignment and includes but is not limited to transparencies, negatives, prints, digital files or any other type of physical or electronic material recording either still or moving images.

Usage Licence: The licence to use the Licensed Images

3. Estimates

Estimates provided by UP8 Create Ltd are based upon the information provided by the Client in advance of preparing the Estimate.  Changes to the requirements for an Assignment before, or during a shoot, may increase the Fee and expenses.

Estimates shall specify the number and characteristics of Licensed Images which the Client shall be entitled to use; the media and territories in and durations for which they may be used.  These shall be the terms of the Usage License unless otherwise agreed in writing. 

The Client is responsible for checking the Estimate to ensure that it provides for all requirements including but not limited to post production, high resolution files, the correct usage licences and all technical specifications for the Licensed Images.

Unless otherwise agreed in writing the Client’s agreement of shoot date(s) shall be deemed to be acceptance of the Estimate.

4. Conduct of the Shoot

The shoot will be arranged on date(s) mutually agreed between the client and UP8 Create Ltd.

UP8 Create Ltd will take into account the reasonable instructions in respect to the shoot brief.  If the client is not present during the shoot then UP8 Create Ltd’s own interpretation will be deemed acceptable by the client.

5. Pricing and Payment

Pricing and payment schedule will be transparent at the time of estimate.  Deposit will be required to secure the booking and final payment to be credited to UP8 Create Ltd prior to release of any content, or images.  If final payment is withheld, the client will forfeit the deposit amount already paid.

UP8 Create Ltd has the right to revise pricing as advertised or if service requested is amended therefore leading to a required revision of price.  Notice will be provided to the client  along with confirmation of booking.

Validity of quotation will be provided within quotation document.  Any changes to this quotation within the validity timeframe as a result of a change in pricing, or promotional offer by UP8 Create Ltd, will lead to a revised quotation with options of acceptance; or withdrawal and refund to client.

In the exceptional occurrence of an agreement of post payment; payment by the client will be due no later than 14 days following completion of agreed service and any usage license of the images, will remain with UP8 Create Ltd until full payment is received.  Failure to comply with the payment agreement or use of images without usage rights is deemed unlawful and will lead to legal action against the client and any monies owed will incur additional interest when unpaid within the required invoice date.

Payment is considered successful following receipt of cash or clearance of cheque or card payment.

Usage Licence and any third party fees negotiated by UP8 Create Ltd are payable regardless of whether Licensed Images are in fact used by the Client or the Advertiser.

All payments are due in British pounds unless expressly stated otherwise.

If there is a delay of one month or more between agreed pre-production work and the shoot, then UP8 Create Ltd reserves the right to invoice the Client for the pre-production element of the Fee and for any expenses already incurred by UP8 Create Ltd.

6. Expenses

All expenses figures provided in advance of a shoot are estimates only and the Client should allow a minimum 10% contingency budget in all cases.

UP8 Create Ltd will endeavour to work within the agreed cost estimate, but individual costs within the Estimate may vary at the discretion of UP8 Create Ltd to enable the most effective realisation of the brief.

Receipts for expenses can only be provided when requested for prior to shoot confirmation. Provision of receipts will incur an accountancy charge of 1.5% of total costs and fees incurred in respect of the Assignment subject to a minimum charge of £200 and a maximum of £500.

Where extra expenses or time are incurred by UP8 Create Ltd as a result of alterations to the original brief by the Client, or otherwise at its request, the Client shall be liable to pay such extra expenses and additional fees at UP8 Create Ltd’s normal rate.

7. Acceptance, Collection and Delivery

Subject to any previously agreed deadlines for post-production work UP8 Create Ltd will carry out any such work required as soon as reasonably practicable but cannot guarantee urgent turnaround. 

The client will be advised once shoot and agreed post-production work is complete to enable the client to arrange a convenient time with UP8 Create Ltd to select licensed images.

Unless expressly agreed in writing between the Parties the Client shall not be entitled to reject the Material on the basis of style or composition.

The client will be advised once final product is complete in order for the client to arrange a convenient time with UP8 Create Ltd for collection.

Delivery of final product can be arranged and should be requested by the client upon booking of the service in order for cost to be included in original quotation.  Cost of delivery will depend on location and is available upon request.

8. Storage of Material

The Client shall ensure to take appropriate steps to keep safe an exact digital copy of all Material supplied for the duration of the Usage Licence. UP8 Create Ltd will not be responsible for archiving any Material unless by prior written agreement with the Client.

The Material will not be transmitted by the client to any third party, including for the avoidance of doubt any associated or branch office of the Client, without the written permission of UP8 Create Ltd.

Upon publication of any images and on UP8 Create Ltd’s request the Client shall supply to UP8 Create Ltd free of charge a high-resolution digital file, PDF format file or good quality hard copies of the Licensed Images in the context in which they are published.

9. Copyright and Usage Licenses

The entire copyright and all similar rights throughout the world in all the Material and ownership of all physical materials created by or for UP8 Create Ltd shall vest in and be retained by UP8 Create Ltd at all times.

The Client is responsible for informing the Advertiser of the extent and limitations of all Usage Licenses.

Upon payment in full of both the Fee and expenses for an Assignment UP8 Create Ltd grants to the Client the right to use the Licensed Images on the express terms of the Usage License. No use may be made before payment in full without UP8 Create Ltd’s express agreement in writing.

Provided that the Client has paid in full all invoices relating to the Assignment the period of use specified in the Usage License commences from the date of first use or 6 months after the shoot date, whichever is sooner (unless otherwise agreed in writing).

Usage of the Licensed Images is limited to use of such images as provided by UP8 Create Ltd and the Client shall not manipulate any Licensed Photograph or make use of only part of any individual image without the prior written permission of UP8 Create Ltd.

The Client may only sub-license the right to use the Licensed Images to the disclosed Advertiser as agreed and strictly on the terms of the Usage License.

Neither the Client nor the Advertiser may use the Licensed Images in relation to any additional products or services not specified in the Usage License.

Any license to use the Licensed Images shall automatically be revoked if payment in full of both the Fee and expenses for an Assignment is not received by the due date specified in the relevant invoices.

10.  Additional/Extended Usage

The Fee is based on the Usage Licence as specified in the Estimate. Any additional or extended use (including for the avoidance of doubt the use of individual still frames from licensed moving image footage) will attract an additional fee which must be agreed by UP8 Create Ltd in advance.

Any estimates of additional or extended usage licence fees provided to the Client are valid for a period of three months from the date of the estimate only (unless otherwise notified in writing).

The Client acknowledges that such estimates do not include provision for any third party rights which are the responsibility of the Client.  The Client shall procure that the Advertiser requests any necessary extended or additional usage licence(s).

Any extended or additional use made without permission shall attract an additional fee.

11. Exclusivity

All Usage Licences granted by UP8 Create Ltd to the Client shall be exclusive to the Advertiser and the Client unless otherwise agreed in writing.

UP8 Create Ltd undertakes not until 2 years after the shoot or the expiry of the Usage Licence(s) (whichever is later) to grant any other licence in respect of the Material to any third party.  After expiry of the exclusivity period UP8 Create Ltd shall make such use of the Material including the Licensed Images as he/she sees fit.

Nothing in this clause 11 shall prevent UP8 Create Ltd at any time from using the Material, whether commercial, test or speculative (images shot for presentation/pitch/ awards), in any form and in any manner worldwide for the purpose of promoting his/her services, provided that in the case of unpublished Material UP8 Create Ltd shall first obtain the Client’s consent, such consent not to be unreasonably withheld. UP8 Create Ltd reserves the right to use the Material for this purpose whether or not in the context of the Advertiser’s advertisement or other material in which the Material is incorporated, including without limitation the Advertiser’s branding.

12. Indemnity

The Client shall indemnify UP8 Create Ltd and keep them and their respective officers and employees indemnified on a continuing basis against all liabilities, claims, costs, damages and expenses claimed or incurred (including legal costs) or licence fees due by reason of any infringement claim, or alleged infringement, of any intellectual property rights relating to any failure by the Client to obtain third party clearances or arising out of use of the Material by the Client or the Advertiser outside of the Usage Licence or otherwise as a result of any breach by the Client or the Advertiser of these terms.

13. Cancellation and Refund

Cancellation of a shoot by the client must be given with a minimum of 3 days notice. In the event of cancellation, deposit monies will not be refunded.

Rescheduling of a shoot by the client must be arranged a minimum of 3 days prior to the original shoot date.  Deposit monies will be transferred to newly arranged shoot date if rescheduling timeframe is adhered to.  Failure to comply with the rescheduling timeframe will lead to the forfeit of deposit monies.  Any new date agreed will be subject to availability of a UP8 Create Ltd photographer.

14. Force Majeure

UP8 Create Ltd shall not be liable for any failure or delay in the performance of any of such party’s obligations under these Terms caused by any circumstances beyond such party’s reasonable control.

15. Site use

UP8 Create Ltd maintains the https://www.up8photography.co.uk/ Website (“Site”).

The following terms govern the use of this Site and the according (“Terms of Use”). By using the Site, the client is expressly agreeing to be bound by the terms of use and privacy policy of UP8 Create Ltd and to follow these Terms of Use and all applicable laws and regulations governing use of the Site.

If the client violates these Terms of Use, UP8 Create Ltd may terminate the client’s use of the Site, block the client from future use of the Site, and/or take further appropriate legal action against the client.

Revision 001. Date: 25 / 12 / 2019