TERMS & CONDITIONS

ABOUT

Terms and conditions for bookings made, ands projects worked on from the services provided by Derryography.

Derryography,
8F, 12P Smithfield
Kennedy Town, Hong Kong.

 

Telephone (Mon-Fri. 9am-5pm) +852 94079091

Email us via the Contact Form

Derryography is a trading name of Glitch Media Ltd, a company registered in Hong Kong, No. 67668134 000 04 17 5. 

All of the descriptions of the goods and services within this site are accurate to the best of our knowledge. We correct all errors as soon as we are aware of them.

The images provided as prints on the Derryography website are the property of Derry Ainsworth (the copyright owner) and are used by Derryography with permission.

No rights are conferred in the purchase of a print from Derryography. You must not use, copy, modify or share these images in any manner.

For any commercial enquiries, please contact us via the Contact Form.

PHOTOGRAPHY & VIDEOGRAPHY TERMS & CONDITIONS

In the following conditions of contract “the photographer(s)” shall mean Derry Ainsworth trading as Derryography or, subject to condition 7 below, any photographers appointed by Derryography. The Client(s)” shall be those whose name appears on the booking confirmation. If the client(s) arrange for a third party to meet the costs of this contract the contract remains with the client(s). The due performance of the contract is subject to the conditions below. These cannot be varied in any way by the client(s) unless such conditions are expressly agreed by the photographer(s) in writing.

    1. Copyright: The Copyright Designs and Patents Acts assign the copyright of the images to the photographer(s). It is therefore contrary to the Acts, and illegal, to copy, or allow to be copied, by any means photographic, by computer, or internet or otherwise, by any person or machine other than by the photographer(s) or their appointed agents.

    2. Display: The client(s) hereby allow(s) the photographer(s) to display any photograph covered by this contract and to generally promote the business in advertising, brochures, magazine articles, websites, sample albums and prints, venue and other vendor samples, and other such material, providing that the images used are used lawfully and without damage to the client(s). Images placed in password protected galleries within the website are not available to the general public in the normal course of events. However it is impossible to prevent determined persons from accessing these galleries.

    3. License, Coverage and Reproduction:

      1. Artistic License: The Photographer(s) shall be granted artistic license in relation to the poses photographed and the locations used. The photographer(s) judgment regarding the location, poses and number of photographs taken shall be deemed correct.

      2. Discretion: Photographs taken during the course of the event will be at the discretion of the photographer(s) although every effort will be made to comply with The Client(s) requirements.

      3. Capture of all individuals: The photographer(s) shall endeavour to photograph all individuals as requested by the client(s) at some point, but no responsibility will be taken by the photographer(s) on the occasion of leaving somebody out.

      4. Venue Restrictions: For a booking involving certain venues, the photographer(s) movements are sometimes restricted by the official in charge. The area from which the photographer(s) is able to cover the event may not be the photographer(s) choice and the photographer(s) cannot accept responsibility for any obstructed view should this be the case. The use of artificial lighting may be restricted or prohibited. The photographing of parts or even all of the event may be restricted or prohibited. Client(s) are strongly advised to check with the appropriate official.

      5. Capture of all moments: For any event booking the photographer(s) shall endeavour to capture as many moments as possible throughout the day as they occur. However, because of the fluid nature of the event, some moments might not be recorded, or not recorded for logistical reasons.

      6. Alterations: Please note that any alterations made to the booking by the client(s) once details have been confirmed may only be made at the discretion of the photographer(s) and in some circumstances (such as the change of event date) the photographer(s) may be unable to accommodate these alterations due to a conflict of commitments. Under these circumstances the photographer(s) are not liable to compensate the client(s) in any way whatsoever.

      7. Colour Representation:It is understood that all photographic printing is undertaken within the technical limitations of the process and that colour may not be identical over the whole range of colours within a subject. It is also understood that prints made at different times or in different sizes may be variable in colour balance.

      8. Due to the limitations of computer monitors it is understood that (1) images appear differently according to the specification of each monitor (2) prints will not match images rendered on any particular computer monitor. The monitors used by the photographer (s) for final image editing are all colour profiled and checked weekly for accuracy of colour. Clients should be aware that certain lighting conditions and materials will cause colour to be recorded differently. Where possible we will attempt digital correction of this.

      9. Print Sizes All print and presentation sizes quoted are approximate and subject to the discretion of the photographer(s).

      10. Equipment Failure Although all equipment is checked regularly and backup equipment is available, the photographer(s) will not be responsible for photographs that are not produced due to technical failure, either at the shooting or processing stage.

      11. Data Compatibility: Where images are made available for use with a personal computer the default operating system shall be Macintosh. Products may not function on other or earlier operating systems. Where images are made available for use on a DVD player reasonable steps are taken to ensure compatibility, but DVD discs may not play on all DVD players particularly older models.

    4. Prices:

      1. All standard photographic services and optional extras specified on the Booking Form and paid for Within 10 days of receiving an invoice. Optional extras not paid for in full before the event are supplied at the prices ruling at the time of receipt of the order.

      2. The client(s) will be liable to pay any additional expenses incurred by the photographer(s) not already included within the original quote. 

    5. Payments:

      1. A non-refundable deposit of at least 25% (paid by cash, cheque, credit / debit card) will confirm your booking if booking exceeds the value of $2000HKD. By paying the deposit you are agreeing to the terms and conditions laid out in this document. The deposit forms part of the total cost of your Plan (i.e. it is NOT in addition to the cost of the package) and is deducted when calculating the final balance due. The deposit is refundable during your 14 day “cooling off” period. The deposit cannot be transferred to other services offered by Derryography. Payment for the balance is due in full 5 weeks prior to the contracted date. Once final payment has been made all monies are non refundable at the discretion of the photographer.

      2. All additional goods must be paid for in full on ordering. This includes extra prints, albums, high resolution digital files,  and any other services ordered after the event.

      3. Title to all goods remains with Derryography until paid for in full by the client(s).

      4. Payments are welcomed by Cheque, cash or credit/ debit card with no additional fees for any method. However in the event of a failed cheque clearance the client will be liable to pay an admin fee of $300HKD to cover additional bank costs and re-submission time.

    6. Force Majeure:

      1. The due performance of the contract is subject to alteration or cancellation by the photographer(s) owing to any cause beyond their reasonable control (e.g sudden illness/injury/victim of crime, flooding).

      2. The photographer(s) may contact other photographers in the event that they are not able to attend your booking due to clause 6a). However it may prove difficult or impossible to find a skilled replacement photographer at short notice or at the same price.

      3. In the event of cancellation by the photographer(s), or in the unlikely event of total photographic failure (although re-shoots may be arranged if practicable) – the photographer(s) will not be responsible for costs in order to stage re-shoots. The photographer(s) liability shall be limited to a full refund of any deposits and fees paid.

    7. Liability for Digital Files and Products:

      1. The negatives and digital files shall remain the property of the photographer(s) and shall be kept or stored by them for not less than 4 months from the event date at one site. Any requests for data after the 4 month exchange period, are subject to a $500HKD data recovery fee (subject to data availability). If the client has not downloaded and stored the data within the 4 month period the photographer is not held liable for any damages or any form of refund.

      2. Should negatives and digital files be lost, damaged or destroyed the photographer(s) liability shall be limited to a refund of fees paid, but shall not include a refund for any goods already supplied or capable of supply at a quality deemed acceptable by the photographer. No refund will be due for any negatives or digital files lost, damaged, or destroyed after 6 months from the date of the event.

      3. All orders should be placed with the photographer(s) before the end of a 4 month period starting at the event date unless otherwise agreed in writing. The photographer(s) will not be liable for failure to produce any orders placed after this time.

    8. Cancellation / Change of date fees: If The Client(s) should have to cancel a booking the following cancellation fees will become due immediately upon said cancellation.

      1. Cancellation after 7 days from the booking date the non-refundable deposit – see clause 5a above.

      2. Cancellation with 1 day to go until the event date, full price for the complete photographic coverage booked, but no charge for any optional extras (unless you were advised otherwise at the time of booking).

      3. Where the photographer(s) are able to rebook the date with an equivalent booking, then the cancellation fee may be reduced to the non-refundable deposit only and any additional cancellation fees already paid may be refunded accordingly.

      4. Where the client wishes to change the date of the event, provided that the event is more than 7 days away the client may request a date change with no additional cost incurred. Date change requests made within 7 Days of the booked date will be subject to an additional cost of $500HKD. Where the new event date is available the client may change their originally booked date provided the photographer does not envisage the new date detracting from the level of service of existing bookings close to that date.

    9. Placing an Order and Receipt of Goods:

      1. Any alterations to orders must be notified either by phone or email and confirmed in writing within three working days of the order being placed. The photographer(s) will not be held liable for any costs incurred due to alterations to the order made by the client after this time. Email is not a reliable method of notification due to the unpredictable operation of message scanners. You must request and receive a confirmation by email if you choose to use this method.

      2. Due to the nature of the product the photographer(s) are unable to give exchanges or refunds. This does not affect your statutory rights.

    10. Privacy: Derryography may store your data on a private internal database. This data will not be made available to outside companies or individuals. Should you wish to have your data removed from the database, please advise in writing and retain your confirmation.

    11. Governing Law: Any contract made between the photographer(s) and the client(s) shall in all respects be governed by and construed in accordance with Hong Kong Law and the parties hereto submit to jurisdiction of the Hong Kong courts.

    12. On the day:

      1. The photographer is the only authorised photographer for the day unless working in a team agreed upon before the event. Other non professional photographers are not permitted, working for pay or otherwise (e.g. separately employed by parents/friends), unless agreed in writing before the day. Breach of this condition shall be deemed cancellation of the contract by the clients.

      2. The photographer is contracted to shoot all photographs required relating to the event and no other person is permitted to shoot images for sale unless agreed in writing before the event. Other event vendors e.g. a videographer may not shoot stills other than a small quantity to illustrate the video packaging. Breach of this condition shall be deemed cancellation of the contract by the clients.

      3. An inconsiderate guest can wreck the photographic record of your special day and we will speak with the guest, wedding couple or coordinator if appropriate. Coverage may be cancelled without warning at the discretion of the photographer if the photographer feels threatened or has reason to believe that equipment may be damaged.

    13. Damage to Supplied Equipment: When the photographer is required to supply equipment with regards to any commission then the client is responsible for the behaviour of their guests using said equipment. This applies whether the photographer is present or not.
      Any damage to provided equipment is to be repaired at the clients expense, and the client will also be responsible for any loss of earnings whilst repairs are undertaken.

    14. 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.

    15. Outsourced Services: All parties working with or for Derryography are subject to the following terms and conditions. 

      1. The work, communications and contact of all  projects worked under the scope of any client directly involved with Derryography is regarded ands confidential. This information shall not be passed onto any third parties or used for any personal gain without prior permission.

      2. The outsourced service provider should provide an invoice no later than 4 weeks after the project completion.

      3. Payments shall be made typically between 4-8 weeks of invoice submission.

      4. Failure to deliver, comply or jeopardise any product or arrangement made between Derryography and any other third party will result in the outsources service provider being removed from the project, or if necessary having the payment void. 

    16. Delivery of Products and Services. 

      1. The supply of products and services are provided by the Photographer on a best endeavours basis.

      2. The Photographer will not be liable for delays that are beyond his reasonable control.

      3. The Photographer shall use reasonable endeavours to meet agreed deadlines where applicable.

      4. 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.

    17. Prices & Terms. 

      1. The Photographer reserves the right to amend both Prices and these Terms and Conditions without prior notice.

    18. Rush Services. 

      1. 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.

    19. Images/Data Supplied in Electronic Format. 

      1. For all images/data supplied to the Client in electronic format (including but not limited to electronic mail, CD's/DVD's etc), The Photographer will endeavour to ensure that the data sent is not corrupt and is virus-free before despatch.

      2. The Photographer cannot be held responsible for any damage, disruption and/or loss of any kind that the said media may cause to the Clients computer or data. The Client agrees to take similar steps to ensure that data sent to the Photographer is not corrupt and/or virus-free.

      3. The photographer will only store the client's electronic data for no more than 6 months after the event. If the client fails to download and store this data within 6 months, the photographer will not be held liable.

      4. Any re-uploads of data after 6 months will be charged at $800HKD per request. This is subject to availability.
         

20. Transfer

20.1 You may not delegate, assign or transfer these Terms and Conditions or any rights or obligations under these Terms and Conditions, without our prior consent.

20.2 Derryography may freely assign, transfer or sub-contract these Terms and Conditions or Derryography’s rights and obligations under these Terms and Conditions, in whole or in part, without your prior consent or notice.

21. Third Party Rights

Other than Derryography’s subsidiaries, affiliate companies and any assigns of Derryography, no other person who is not a party to these Terms and Conditions has any right under the Contracts (Rights of Third Parties) Ordinance (Chapter 623, the Laws of Hong Kong) to enforce any of these Terms and Conditions and/or benefit of these Terms and Conditions.

22. GOVERNING LAW

These Terms and Conditions shall be governed by the laws of Hong Kong. You irrevocably consent to the exclusive jurisdiction of the courts of Hong Kong and waive any jurisdictional, venue or inconvenient forum objections to such courts.

If there is any inconsistency between English and Chinese version, English version shall prevail.

RETAIL TERMS & CONDITIONS

Terms and conditions for prints purchased for retail customers, for prints from the Derryography web site.

Derryography,
8F, 12P Smithfield
Kennedy Town, Hong Kong.

 

Telephone (Mon-Fri. 9am-5pm) +852 94079091

Email us via the Contact Form

Derryography is a trading name of Glitch Media Ltd, a company registered in Hong Kong, No. 67668134 000 04 17 5. 

All of the descriptions of the goods and services within this site are accurate to the best of our knowledge. We correct all errors as soon as we are aware of them.

The images provided as prints on the Derryography website are the property of Derry Ainsworth (the copyright owner) and are used by Derryography with permission.

No rights are conferred in the purchase of a print from Derryography. You must not use, copy, modify or share these images in any manner.

For any commercial enquiries, please contact us via the Contact Form.

DELIVERY
We use Hong Kong Post - Local Courier services. Delivery charge is subject to weight and starts at $100HKD, made payable by the customer.

RETURNS

The Colour settings and the type of your computer monitor that you use to view your image, have an influence on the perception of how your image should look. You should be aware that images viewed in the majority of web browsers are not colour accurate, and that prints may look slightly different. There is also a variation between different paper types.

If precise colours are important for you, you should contact us for more information before placing your order.

Since we cannot guarantee the accuracy of your monitor, we will not accept colour reproduction as a valid reason for return.

Due to the bespoke status of these artworks, items that are delivered as described and in good condition may not be returned.

We reserve the right to charge for re-posting replacement orders, which have been especially produced to meet your personal requirements.

We reserve the right to contact you via telephone or email should we have any questions about your image prior to printing.

DAMAGE

It is the customer’s responsibility to check for any damage that may have occurred during transit.

Damaged items should be covered by our shipping insurance, however we require immediate notification of any issues.

You have 24 hours from the time of delivery to report any damage to us. It is essential that you contact us within the 24 hours, so that we can claim compensation from the courier company on your behalf, and reprint the print for you.

See also our Privacy Policy for details about how we utilise any information about our customers and web site visitors.

We're here to help you:
Email, or phone us on +85294079091

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GLITCH MEDIA LTD.

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