WEBSITE TERMS AND CONDITIONS
1. This site is owned and operated by Altostratus Photography Limited (‘we’ or us’). These Terms and Conditions govern your use of the www.altostratus.co.uk website (our ‘Site’), and apply to all dealings you have with us, except and to the extent that you have entered into our LOCATION HIRE AGREEMENT (“Location Hire Agreement”) or a LOCATION OWNER AGREEMENT http://www.altostratus.co.uk/location-owner-agreement/ in which case such terms will take precedence in the case of any conflicts.
2. All use of our Site and services is subject to these Terms and Conditions. All users, both registered and unregistered visitors, are subject to these Terms and Conditions. By using or registering with our Site and or services you enter into a binding contract with us on the following Terms and Conditions. If you do not accept these Terms and Conditions, you should not use our Site and or services. In the event of any conflict between these Terms and Conditions and any other contract entered into by you with any third party, these Terms and Conditions will take precedence. You will be considered to have read and accepted these Terms and Conditions, including any changes, each time you use our services. We reserve the right to change or modify these Terms and Conditions and/or the services at any time without notice and at our discretion.
Using our Site and Services
3. In order to use some of our services you may need to enter your contact information and other details. You are not eligible and must not use our Site or services if you are under 18 years of age.
4. You agree to provide true, accurate, current and complete information about yourself when using our Site or services and agree to maintain and promptly update your data to keep it true, accurate, current and complete. We will not be responsible for any consequences of your failing to provide and maintain accurate information.
5. You are responsible for maintaining the confidentiality of any username and/or password provided to you. You agree to be responsible for any unauthorized use resulting from a failure on your part to maintain the confidentiality of any username and/or password provided to you. You agree to immediately notify us of any unauthorized use of your username and/or password.
6. The service we provide will be Introduction-Only (see clause 55) unless other specified in writing by us.
7. We reserve the right, at our sole discretion, to refuse to provide our services to any person.
You also may not use our services if:
You have ever been convicted of a violent or sexually related criminal offence. You have previously been banned from using our services or are associated with someone who is banned from using our services.
8. Use of our Site is provided to you free of charge but you will be required to pay fees when you book for hire any property advertised on our Site or carry out an inspection of any property advertised on our Site.
9. A fee shall be payable (an ‘Agent’s Fee’) each time you place a booking for the hire of any property advertised on our Site (other than Altostratus Penthouse). Agents Fees are published on our Site and are non-refundable.
10. In addition to the Agents Fee a hire fee (a ‘Hire Fee’) shall be payable directly to the location owner when you place a booking for the hire of any property advertised on our Site. The Hire Fees will vary from location to location and are subject to negotiation. Discounts may be available for time spent preparing and reinstating the property. Additional fees will be payable directly to the location owner for any overrun or extension of a hire period, a damage deposit will be required and in certain circumstances additional administration fees will be payable. Any Hire Fees on our Site are published on our Site for guidance purposes only.
11. In the event of use by you of a property introduced to you by us (whether written or oral and whether or not you had knowledge of that property before the introduction), or in the event that you pass on the details (directly or indirectly) of a property or a hirer to another person firm or corporation, including any subsidiary, associated or holding company of yours, resulting in the use of the property by that person, firm or corporation you shall immediately notify us and pay to us in advance of the shoot a fee (an ‘Introduction Fee’) for each use of the property if such use occurs within twelve months of the introduction to you of the property. The Introduction Fee shall consist of (i) a fee of £100 for stills and £150 for film up to a £500 location hire fee, or (ii) £100 (+20% of the amount over £500) for stills and £150 (+20% of the amount over £500) for film if the location hire fees is over £500, for each day of use of the Property. No refund of the Introduction Fee will be made by us in the event of the subsequent termination of such use of the property. In the event that you breach this clause 11 by failing to pay any Introduction Fee, then in addition to that outstanding debt, you hereby explicitly agree that all intellectual property rights in any works created in the course of the use or uses of the property for which the Introduction Fee should have been paid shall vest in and be the property of Altostratus Photography Ltd.
12. A fee shall be payable when you carry out an inspection of any property advertised on our Site.
13. We may at any time change our fees. Prices do not include VAT unless otherwise stated.
Booking procedure for properties advertised on our Site
14. We recommend that before placing a booking with us you carry out an inspection of the property. Arrangements to inspect a property should be made through ourselves and you agree to keep confidential any contact details of the hirer or details of the property provided by us and only use such details for the purposes of carrying out an inspection of the property.
15. The person in charge on the day of an inspection or a shoot may be required to provide evidence of their identity.
16. It is your responsibility to satisfy yourself that a particular property is suitable for your needs and that all necessary permissions have been granted before placing a booking. You should not rely on any statement or image on our Site or any statement made by us.
17. When carrying out an inspection of a property it is your responsibility to take reasonable care of your own property and the property itself including its contents, comply with any conditions or restrictions notified to you and comply with all health and safety legislation.
18. When carrying out an inspection of a property you are permitted, unless we state otherwise, to take photographs of the property for the purposes of planning a photo shoot or film only and any photographs taken during an inspection may not be used for any purpose other than that, including without limitation for financial or personal gain.
19. We do not guarantee that any property advertised on our Site will be available. We recommend that you contact us to establish the availability of any property you wish to hire at your earliest opportunity.
20. Upon placing a booking you will be required to pay us immediately our Agents Fee first and then sign our Location Hire Agreement. Once you have received notification from the location owner that they have signed their copy of the Location Hire Agreement you will then pay the Hire Fee directly to the location owner to their bank account details specified in the Location Hire Agreement within 2 working days in advance of the shoot date. You will also need to provide the location owner directly with evidence that you have sufficient public liability insurance cover in advance of the shoot date. We recommend that you sign the Location Hire Agreement, pay the Hire Fee , the Agents Fee and provide the location owner with evidence of your public liability insurance at your earliest opportunity to ensure the availability of the property. You will also have to pay a minimum £300 cash damage deposit at the start of the shoot to the location owner as specified in the Location Hire Agreement. For the avoidance of doubt, the Agent’s only administrative obligation will be to prepare and send to the parties the Location Hire Agreement and where requested to do so, make any amendments thereto required by the parties. Any such amendments will be subject to the Agent’s standard hourly administration Fee payable in advance.
21. Upon signing the Location Hire Agreement any terms contained in the Location Hire Agreement shall prevail in the event of any conflict with these Terms and Conditions.
22. We recommend the appointment of a suitably qualified Location Manager to oversee the booking and hire process.
23. Notwithstanding any other term of this Agreement, the location owner may refuse the hirer access to the property at any time in any of the following circumstances: (i) the public liability insurance taken out by the hirer is not suitable for the purposes of the Location Hire Agreement supplied by the Agent, or sufficient evidence of such insurance has not been supplied by the hirer before the hire period; (ii) the Hire Fee has not been paid in full in cleared funds by the payment date stipulated in the Location Hire Agreement supplied by the Agent, (iii) the location hire agreement supplied by the Agent has not been signed by the hirer, or (iv) the damage deposit fee has not been paid in full as stipulated in the Location Hire Agreement.
24. In the event of cancellation following a signed location agreement by the hirer, the location owner may charge the hirer a cancellation fee as follows: (i) for cancellations made more than 7 days before the commencement of the Hire Period, 30% of the Hire Fee; (ii) for cancellations made between 24 hours and 7 days before the commencement of the Hire Period, 50% of the Hire Fee; (iii) for cancellations made less than 24 hours before the commencement of the Hire Period, no refund shall be payable.
Advertising properties on our Site
23. Advertisers of properties on our Site agree to ensure that material submitted for inclusion on our Site complies with any applicable national or international laws or regulations or codes. We do not accept responsibility for any errors or inaccuracies contained in advertising material.
24. We reserve the right in our sole discretion to remove or refuse to publish any advertisement for any reason whatsoever at any time and without notice.
25. You understand that you are responsible for all data, text, software, music, sound, photographs, graphics, chat, video, messages or other materials (‘Content’), communicated by you whether publicly posted or privately transmitted. Under no circumstances will we be liable in any way for any Content, including (without limitation) any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of your use of any Content. You agree that you must evaluate and bear all risks associated with the use of any content including any reliance on its accuracy or completeness.
26. You agree not to:
26.1. Upload, post, email or submit any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, seditious, vulgar, pornographic, abusive, obscene, libellous, invasive of another’s privacy, hateful, embarrassing to another person or entity or racially, ethnically or otherwise objectionable or which may cause annoyance, distress or inconvenience to any person.
26.2. Upload, post, email or submit Content that infringes any intellectual property rights of others or that reveals trade secrets or that infringes the publicity rights of others without first obtaining their permission;
26.3. Upload, post, email or submit Content for which you have not obtained all necessary licences and/or approvals.
26.4. Upload, post, email or submit any Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships;
26.5. Upload, post, email or submit sexually explicit Content or Content that harms or may harm minors in any way;
26.6. Upload, post, email or submit Content which is inaccurate or misleading;
26.7. Impersonate another person or entity, falsely state or otherwise misrepresent your affiliation with a person or entity or disguise the origin of any Content;
26.8. Upload, post, email or submit Content contains computer viruses, logic bombs, Trojan Horses, worms, harmful components, corrupted data or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software, hardware or telecommunications equipment;
26.9. Violate any applicable national or international laws or regulations.
26.10. Misuse our Site (including, but not limited to, hacking into our Site)
27. We reserve the right in our sole discretion to remove or refuse to publish any Content for any reason whatsoever at any time and without notice.
28. You agree to indemnify and hold us and our subsidiaries, affiliates, employees, officers, agents or partners harmless from and against any direct or indirect loss or damage (including consequential loss and loss of profits, goodwill or business opportunities including any legal costs arising from any third party claim in relation to any content you upload, post or email or submit on or through our Site, or arising from any breach by you of these Terms and Conditions.
29. All content on this Site, including designs, text, graphics, pictures, video, information, applications, software, music, sound and other files, and the selection and arrangement thereof, are the proprietary property of Altostratus Photography Limited or its clients, with all rights reserved.
30. As a user, visitor or contractor you agree not to sell or modify the material on our Site or copy, reproduce, republish, display, download, post, broadcast, transmit,publicly perform, distribute, store or in any way hold yourself out as having any right to do any of the foregoing, or otherwise use the material in any way for any public or commercial purpose without the express written permission of Altostratus Photography Limited.
31. You grant to us a world-wide, royalty-free, irrevocable, non-exclusive licence (including the right to sub-licence) to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display any Content (in whole or in part) you upload, post or submit and/or to incorporate such Content in other works in any form, media or technology. You waive any moral rights in any Content you submit to us.
32. You are permitted to print and download extracts from our Site for your own personal use provided that:
32.1. you do not modify, adapt, edit, crop or alter in any way any material on our Site;
32.2. any graphics you print or download from our Site are accompanied by any text relating to such graphics which is displayed on our Site;
32.3. the copyright owner is identified in the material printed or downloaded from our Site.
33. You are permitted to add a link from your own website to our Site provided that:
33.1. you do not imply that we endorse any products or services other than our own;
33.2. you do not misrepresent your relationship with us;
33.3. you do not make any false, misleading or defamatory statement about us;
33.4. you do not create a frame or any other browser or border environment around this Site;
33.5. you do not remove, distort or otherwise alter the size or appearance of our logo;
33.6. your own website does not contain any content that is unlawful, harmful, threatening, abusive, harassing, controversial, tortuous, vulgar, obscene, invasive of another’s privacy, hateful, embarrassing to another person or entity or racially, ethnically or otherwise objectionable;
33.7. your website does not infringe any intellectual property rights or other rights of any other person or otherwise does not comply with all applicable laws and regulations;
33.8. we have not revoked your right to link our Site to yours.
34. You agree to indemnify and hold us and our subsidiaries, affiliates, employees, officers, agents or partners harmless from and against any direct or indirect loss or damage (including consequential loss and loss of profits, goodwill or business opportunities including any legal costs arising from any third party claim in relation to any breach by you of these Terms and Conditions.
36. We reserve the right to suspend or terminate our provision of services and to deny access to our Site or any part of our Site at any time and for any reason whatsoever without notice.
37. We are committed to the protection of our staff and reserve our right to terminate the supply of any services provided by us in the event of abusive, threatening or harassing behaviour directed towards our staff.
38. A termination under clause 37 does not give right to any refund of any fees paid by you.
Right to cancel under the Distance Selling Regulations
39. If you are a ‘consumer’ as defined in the Consumer Protection (Distance Selling) Regulations 2000 and are a resident within the European Union we will provide you with a refund of any payment made by you under these Terms and Conditions provided that you give us written notice within 7 working days of making payment. Any refund will be provided to you within 30 days of receipt by us of such notice. However, this right of cancellation does not apply once you have started to use the services provided by us.
Exclusions and limitations
40. We do not represent or warrant that:
40.1. access to our Site, or any part of it will be uninterrupted, reliable or fault free;
40.2. our services or Site or any of their contents (including the contents of the location library) will be accurate, complete, reliable, true or suitable for any purpose;
40.3. we endorse any opinions expressed by users of the Site or services;
40.4. any property advertised on our Site will be available or suitable for hire by you; or
40.5. any services (whether or not provided by us) will be provided with due care and skill.
41. To the extent permitted by law, we exclude all liability (whether arising in contract, tort or otherwise and whether or not due to our negligence) which we may otherwise have to you as a result of:
41.1. any technical, factual, textual or typographical inaccuracies, errors or omissions in, on or relating to our Site or any information on our Site (including the contents of the location library) or any information provided in the course of providing the services;
41.2. any property advertised on our Site being unsuitable for your needs;
41.3. the unavailability of our Site (or any part of it) or any services provided through our Site (including the availability of any property advertised on our Site);
41.4. any delay in providing, or failure to provide or make available services or any negligent provision of services;
41.5. any misrepresentation on or relating to our Site or any services.
41.6. any viruses computer viruses, logic bombs, Trojan Horses, worms, harmful components, corrupted data or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software, hardware or telecommunications equipment.
42. You agree that we shall have no liability for indirect or consequential losses, loss of data, income or profits or damages for loss of or damage to property.
43. You agree that each of these limitations and exclusions is reasonable having regard to the nature of our Site and services.
44. None of the exclusions or limitations shall exclude or restrict our liability for death or personal injury caused by our negligence or shall affect any statutory rights which are not capable of being excluded. However, in such case our obligation, where permitted by law, will be limited to the re-supply of our Site or services to you.
45. Our Site may contain certain links, including hypertext links, which will take you outside our Site. Any links provided on the site or sent to you via email are for your convenience and inclusion of any link does not imply endorsement or approval by us of the linked site, its operator or its content. We are not responsible for the content of any website outside our Site.
46. Each of these exclusions or limitations shall be construed as a separate, and severable, provision of these Terms and Conditions.
48. We reserve the right at any time without notice to revise the content of our Site and these Terms and Conditions. Any changes to these Terms and Conditions will be posted on our Site and by continuing to use our Site or services you agree to be bound by any such revised Terms and Conditions.
49. Any notices you wish to send to us should be sent to us by registered first class post at 1 Tower House, Tower Centre, Hoddesdon, Hertfordshire EN11 8UR.
50. Any notices that we may wish to draw to your attention will be sent by email to an address provided by you or displayed on our Site.
51. If any part of these Terms and Conditions unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of these Terms and Conditions will not be affected.
52. We may assign any and all rights, benefits or burdens under these Terms and Conditions as we deem fit without any prior notice to you.
Third party rights
53. Except for our affiliates, directors, employees or representatives, a person who is not a party to an agreement made under which these Terms and Conditions are incorporated has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any of these Terms and Conditions but this does not affect any right or remedy of a third party that exists or is available apart from under that Act.
54. These Terms and Conditions shall be governed by and interpreted in accordance with English law and the English courts shall have exclusive jurisdiction to resolve any disputes between us.
55. Where we act on an ‘Introduction-Only’ basis, our sole responsibility will be, following receipt of the applicable fee from you, to provide you with the contact details of the other party to the booking and, where applicable, the location of the property. Where a booking is made following an introduction under this clause for which you are the hiring party, you will be responsible for obtaining public liability insurance of a minimum of £5 million, and insurance to cover any damage to the location property, fixtures and fittings, in respect of each such booking, and you agree that you will obtain such insurance and, upon request by the location owner, will provide the owner with a copy of the insurance policy in advance of the shoot date.
56. For the avoidance of doubt, where we act on an ‘Introduction-Only’ basis we will not have any responsibility whatsoever for any issues arising out of or in relation to any subsequent agreement you may enter into with the other party to the booking or any dealings you may have with them. You will conduct and conclude all negotiations with the other party to the booking in respect of payments, contract, and the obtaining of necessary insurances entirely at your own risk.
57. In particular, the following clauses of these Terms and Conditions will not apply where we act on an ‘Introduction-Only’ basis: (i) clause 10 (for the avoidance of doubt, the Location Owner may require you to sign a contract or pay fees) (ii) clause 20 (iii) clause 21.
58. Where we ask you to send us a single copy of a still image or a short video clip taken on the day of the shoot for which the booking is made and which conforms to the specifications set out in the request, copyright in all images and other media created in the course of the shoot for which the booking is made shall vest in Altostratus Photography Limited until the image or clip has been received by us, and you expressly agree to the disposition of copyright outlined in this clause 58.