Terms and Conditions
Last updated: April 1, 2020
These Terms and Conditions (“Terms”, “Terms and Conditions”) govern your relationship with https://www.dkphoto.ie/ website (the “Service”) operated by DKPHOTO LTD (“us”, “we”, or “our”).
Please read these Terms and Conditions carefully before using the Service.
Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.
By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.
The Service and its original content, features and functionality are and will remain the exclusive property of DKPHOTO LTD and its licensors. The Service is protected by copyright, trademark, and other laws of both the Ireland and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of DKPHOTO LTD.
Links To Other Web Sites
Our Service may contain links to third-party web sites or services that are not owned or controlled by DKPHOTO LTD.
DKPHOTO LTD has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that DKPHOTO LTD shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.
We may terminate or suspend your access immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.
Upon termination, your right to use the Service will immediately cease.
Limitation Of Liability
In no event shall DKPHOTO LTD, nor 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 (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
Your use of the Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.
DKPHOTO LTD its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.
These Terms shall be governed and construed in accordance with the laws of Ireland, without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.
If you have any questions about these Terms, please contact us.
Terms and Conditions
- The Photographer will implement the service of their own efforts, using their own tools and materials.The Photographer declares that the photos will be made with the utmost care and at the technical level appropriate for this type of work. The Photographer also retains complete control over which images are delivered in colour and which images are delivered in black and white.
- A wedding day is very dynamic and the Photographer can’t guarantee to capture everything what the Buyers required.
The Buyers shall acquaint themselves with the portfolio of the Photographer. which is avalible on: www.dkphoto.ie, www.facebook.com/dkphoto.photography. The Buyers are familiar with the Photographer portfolio and is requesting services with knowledge of the Photographer’s style; that Photographer’s work is constantly evolving; that Photographer’s services are of unique and artistic nature; that the images created may be different from images taken by the Photographer in the past; and that in creating the images, the Photographer shall use her personal artistic judgment to create images consistent with her personal vision of the wedding/session, which vision may be different from The Buyers and /or the Subject’s vision of the wedding/ session.
Accordingly, The Buyers acknowledge that the images shall not be subject to rejection on the basis of taste, aesthetic criteria, or personal appearance.
- The Buyers accepts the Photographer’s style of photography which is a photojournalistic photography. Photojournalistic wedding photography is about capturing the day as it unfolds with minimal interference or instruction from The Photographer, quietly and sympathetically without attracting attention and without directing or prompting the people at the wedding.
- The Photographer is not responsible for compromised coverage due to causes beyond his control such as other people’s camera or flash, weather conditions, schedule complications, rendering, decorations, etc.
- The Photographer is not responsible for existing backgrounds or lighting conditions which may negatively impact or restrict the photography coverage. The Photographer is primarily a natural light photographer. The Buyers acknowledge that in the event that any part of the wedding occurs at a time or in a location where there is an absence of natural light, The Photographer will have to use artificial light sources and the images will look different than the natural light images The Buyers have seen in The Photographer portfolio.
- The Photographer work mostly with natural light so any winter wedding ceremonies should be considered time wise (there will be a limited amount of natural Please acknowledge that is not stated here in contract that The Photographer will be working with assistant. If The Buyers want to shoot at a location that charges for access or requires permits,
- The Buyers shall be responsible for all fees associated with shooting there, including but not limited to entrance fees and parking.
- The Buyers shall also be responsible for organizing access to the location and any permits required for doing so.
- The Photographer recommends reviewing the list of recommended videographers – available from the Photographer. If the videographer does not want to cooperate during the wedding The photographer is not responsible for the lack of quality of selected frames.
- The Photographer has no right to entrust the execution of the service being the subject of this contract to another person without the prior written consent of the Buyers.
- Terms and Conditions by Wedding Photographer DKPHOTO
- The Photographer does not agree to the presence of other professionals photographers at the ceremony. Failure to meet this condition will result in removing responsibility from the Photographer for the quality of the service.
- Transmission of the work shall happen within 60 days from the date of the ceremony.
- The Buyers shall select photos for albums or photo books (if they are included) not later than in 3 months from receiving wedding photos from the Photographer. Delays may be charged an additional fee.
- The Photographer will ask the Buyers for permission before any publications of the photos. The Photographer will retain any photos taken along with the original copies for the Buyers for his own use, in particular for the purpose of advertising and publicity- website, facebook, other social media blog, weddings blog – Onefabday etc… The Buyers agree to the subsequent use of this material in advertising and will not present any further financial claims. The use of the material through its dissemination in the public press and television, billboards, etc., requires a prior written consent from the Buyers. Concurrently, the Photographer agrees not to use the material in any kind other than those mentioned in this paragraph
- The Photographer cannot perform this Agreement in whole or in part due to a fire or other casualty, acts of God or nature or terror, or other cause beyond the control of the parties traffic accident, heavy road traffic or due to Photographer’s illness or injury, any personal issues then Photographer will return all fees to the Buyers and help to find another Photographer to cover the wedding, but shall have no further liability with respect to this Agreement. This limitation on liability shall also apply in the event that photographic materials are damaged in processing, lost through camera malfunction, lost in the mail, or otherwise lost or damaged without fault on the part of Photographer.
- The Photographer is making two copies of the ready full size wedding photos to the hard discs and archive them for six month from the wedding day. All raw files will be deleted in 7 days after delivery of photos to the Buyers.The Photographer recommends the Buyers to make their own copy of photos to hard disc.
- PLEASE MAKE COPY OF YOUR WEDDING PHOTOS ON DROPBOX or Amazon Drive- its free
- Any disputes between the parties shall be resolved by the court having jurisdiction in the place of residence of the Photographer.
- For matters not covered by this Agreement, the relevant provisions of the Civil Code and the Copyright Law shall apply.
- BY SIGNING CONTRACT, ALL PARTIES AGREE TO ALL TERMS AND CONDITIONS SET FORTH IN THIS AGREEMENT.
- Terms and Conditions by Wedding Photographer DKPHOTO