Terms & Conditions
All and any media content (images, text and otherwise) on this website or my social media spaces in the name of @shaunarmstrong are property and © ShaunArmstrong (me) unless otherwise stated.
All rights both present and future to these images are retained by me in full in any country unless formally supplied or afforded written rights of specific use.
Any images gathered by any method for personal or commercial use without express permission whether publically accessible or not and whether by human or AI is a breach of Copyright and open to all remedies for compensation in perpetuity. Any unauthorised use in part or in full or amended adapted or assimilated into other work is also a breach of Copyright.
However if any of my work gives you pleasure or has a benefit to you or your organisation and I’d be delighted to discuss a reasonable exchange of value. (Contact me)
For Commissions and Commercial Projects
(Example only - latest updated version supplied as part of any specific discussions)
Please find below the terms and conditions on which Shaun Armstrong (‘I’, ‘me’) provides Services and Products to the Client (“you”). Services may include the development and production of ideas concepts and advice in the creation of Products such as designs layouts photographs films and imagery in any format but this list is not exhaustive.
The contract comprises a quotation (‘the Quotation’) and these terms and conditions. Where confirmation in writing is required this may include delivery by fax email or first-class post unless stated otherwise. Any instruction to proceed or payment of the required deposit after having received a Quotation and these Terms also constitutes your confirmation and acceptance of them.
Commencement
Services & Products shall be provided to you based on the details in the Quotation and upon receiving your confirmation and acceptance of the Quotation and these terms and conditions in writing together with the agreed deposit. Quotations are valid for 30 days from the date issued.
Intellectual Property & Usage
All rights to the Services and Products are owned by me (Shaun Armstrong) and are protected by copyright and design right laws. However on payment of the fee and observing these terms and conditions I grant you permission to use the Products or Services for the purposes and period agreed upon. Services or Products cannot be used in any format by 3rd parties on any terms including where you are commissioning my Services or Products for your own client unless I provide a separate prior agreement.
Images cannot be used as or incorporated into physical printed artwork unless agreed in writing by me and upon payment in advance of fees to be agreed. I retain the Copyright and all other inherent rights in all countries and may use any Services & Products for my own use without further reference in any printed or digital media and for any purpose whether supplied or not or you have used them publicly or not.
Fees
The Quotation will normally stipulate that the Services and Products are to be provided on a fixed fee basis after assessing the project’s required inputs and outputs. Quotations are not necessarily based on a specific amount of time but an agreed Project Completion Date will be stated in advance. If any aspect of the project states or requires a specific time period to be observed I will detail the start and finish times or the number of days/hours expected as part of the overall Quotation. If the assessment of the time it will take to perform the Services and Products requested exceeds that detailed in the Quotation due to your revisions these hours will not be worked or charged without your prior approval. Any revisions requested do not constitute an amendment of the originally accepted Quotation unless I approve them in writing. Fees for out-of-pocket costs expenses or materials for Services and Products will be separately specified unless stated as included within the Quotation.
If you wish to terminate the provision of Services or Products before they are completed or if they are terminated before they are completed because of a default on your part you will be liable to pay the full fees as set out in the Quotation within 7 days of termination.
VAT is additional and will be charged at the prevailing rate on the date of the invoice.
Payment
A Deposit (50% of the fee unless otherwise stated on the Quotation) is due upon acceptance of the Quotation or by a date stated in the Quotation and before work can commence. This Deposit is non-refundable.
I will render an invoice for the balance and any associated costs upon completion of the agreed Services & Products or upon reaching the Project Completion Date whichever comes first unless otherwise agreed and extended in writing. This will be due for payment within 14 days from the date of invoice unless otherwise stated. No Services and Products will be delivered until receipt of cleared funds to our bank account.
After 14 days or the agreed period I reserve the right to charge interest on the sum owing at a daily rate of 6% above the base rate of NatWest Bank until payment is made.
Amendments or Additions.
Any amendments to the Quotation must be confirmed in writing by both parties. If you request and I agree to provide Services or Products additional to those that the Quotation covers these additional services will form part of a separate Quotation.
Your responsibilities
You agree that you will cooperate with me and provide the information and documentation that we reasonably require to perform the Services and deliver Products as per the Quotation.
Whilst I may provide online image storage as part of any Service you should ensure all delivered images are downloaded and backed up in your own systems. I can not guarantee the ability to resupply after 1 year from the completion of any project. Ongoing storage and resupply of images is at my discretion and subject to fees detailed by way of separate Quotation in advance.
Confidentiality
I shall treat all personal and business information supplied by you as confidential and in accordance with the requirements of the Data Protection Act 1998. I shall not disclose such information to any third party without your prior permission except where required by law or where action might be necessary to protect you or someone else. You have the right by written request and on payment of a small fee to a copy of personal data which I hold about you.
Permissions
If I am required to produce Services or Products using individuals images locations physical spaces designs products or any other articles or data provided by or allowed access to by you I expect all necessary permissions or approvals to have been obtained by you in advance. You agree to fully indemnify me from any claims arising due to any permissions or approvals not being obtained.
Liability
a) If you request and I agree that as part of the Services & Products I shall recommend liaising with and/or supervise third parties I shall have no liability for any deficiencies in any goods supplied or work done or damage caused by any third party unless those deficiencies or that damage is directly caused by my negligence.
b) My liability to compensate you for any loss or damage (in the case of loss or damage other than death or personal injury) is limited to the fee received from you for the Services & Products having regard to such factors as whether the damage was due to a negligent act or omission by me. I shall have no liability for any consequential or indirect loss suffered by you such as loss of earnings loss of time or loss of business or goodwill.
Warranty and acknowledgements
My aim is to provide the Services & Products using all reasonable care and skill and in compliance with commonly accepted practices and standards. I provide no warranty that any result or objective can be or will be achieved or that it will be achieved by a given date. My standard photo editing process includes adjustments for brightness contrast sharpness and cropping at my discretion. It does not include Photoshop digital manipulation or compositing but such work can be provided separately subject to separate Quotation.
You agree that you are fully responsible for the use of the Products and any consequential effects arising from the use of the Products and fully indemnify me against inclusion in any proceedings or damages arising directly or indirectly out of the use of the Products.
I should receive written credit or acknowledgement for ownership and creation of any Services or Products in any place they are used in the format ‘Photo: ©ShaunArmstrong’ and by appropriate social media handles (@ShaunArmstrong unless otherwise advised).
Force Majeure
I shall not be liable for any failure or delay in the performance of the Services or Products which is caused by circumstances beyond my reasonable control. This includes situations where I am unable to operate due to prevailing pandemic or similar health and safety guidelines and restrictions that may from time to time apply.
Other Work
I shall be free to create work or provide Services Products or other activities to other organisations companies or individuals without restriction during and after the time I provide Services and Products to you.
Termination
This agreement may be terminated with one months notice or immediately if either party breaches the terms of the Contract or becomes insolvent or the subject of insolvency proceedings.
Notices
Any notice to be served shall be delivered by hand or sent by first-class pre-paid post to the addresses displayed on the Quotation and shall be deemed to have been received within 72 hours of posting.
Rights of Third Parties
A person who is not a party to the Contract shall not have any rights under or in connection with it.
Disputes
If you are unhappy with the Services or Products I provide I hope you will discuss any problems or issues with me first. If you take court proceedings you must do so within the courts of England and Wales. This agreement is governed by and construed under English law.