Terms & Conditions

Introduction

These Terms and Conditions ("Terms") govern your use of the Softim Pulse Photography website (softimpulse.sbs) and the photography services provided by Softim Pulse Photography ("we," "us," or "our").

By accessing our website or using our services, you agree to be bound by these Terms. If you do not agree to these Terms, please do not use our website or services.

These Terms were last updated on April 20, 2024. We reserve the right to modify these Terms at any time. Changes will be effective immediately upon posting on the website. Your continued use of our website or services after any changes indicates your acceptance of the modified Terms.

Website Use

General Conditions

By using our website, you agree to:

• Use the website in accordance with these Terms and all applicable laws and regulations
• Provide accurate and complete information when using contact forms or making bookings
• Keep any account information, passwords, or access credentials secure
• Accept responsibility for all activities that occur under your account

Intellectual Property

All content on our website, including text, images, graphics, logos, videos, and software, is owned by or licensed to Softim Pulse Photography and is protected by copyright, trademark, and other intellectual property laws.

You may not:

• Copy, reproduce, modify, or distribute any content from our website without our prior written consent
• Use our trademarks, logos, or service marks without our prior written permission
• Frame or mirror any part of our website without our express written consent
• Use any meta tags, hidden text, or similar data utilizing our name or trademarks

User Conduct

When using our website, you must not:

• Engage in any activity that could harm, disable, overburden, or impair the website or its servers
• Attempt to gain unauthorized access to any part of the website, other accounts, or computer systems
• Use any automated means, including robots or scrapers, to access the website or collect information from it
• Introduce malware, viruses, trojans, or other harmful code
• Post, upload, or transmit content that is illegal, harmful, threatening, abusive, defamatory, obscene, or otherwise objectionable
• Impersonate any person or entity or falsely state or misrepresent your affiliation with a person or entity

Photography Services

Booking and Payments

When booking our photography services:

• A booking is confirmed only when we have received a signed contract and the agreed deposit
• Deposits are non-refundable except in specific circumstances outlined in our Refund Policy
• The remaining balance is due according to the payment schedule specified in your contract
• All prices are in British Pounds (GBP) unless otherwise specified
• We reserve the right to adjust our pricing for future bookings; however, once a contract is signed, the agreed price will not change

Sessions and Appointments

• You are responsible for arriving on time for scheduled sessions
• For sessions taking place at locations chosen by you, you are responsible for securing any necessary permits or permissions
• We reserve the right to reschedule sessions due to illness, severe weather, or other unforeseen circumstances that would compromise our ability to provide quality services
• Rescheduling by you must be requested at least 48 hours in advance to avoid additional fees, except in genuine emergencies

Image Delivery

• Delivery timeframes are estimates and may vary based on our workload and the complexity of editing required
• Standard delivery for most sessions is 2-4 weeks, while weddings and larger events may take 4-8 weeks
• Rush delivery may be available for an additional fee, subject to our availability
• Digital images will be provided via an online gallery unless otherwise specified in your contract
• Online galleries remain active for 60 days after delivery, after which time they may be archived

Image Selection and Editing

• We have sole artistic discretion in selecting and editing images
• Our editing process includes basic color correction, exposure adjustment, and our signature style
• Extensive retouching (removal of permanent features, body modifications, composite images) is available for an additional fee
• RAW files and unedited images are not provided as part of our service
• The number of final images varies based on the package selected and the events photographed

Copyright and Image Usage

Copyright Ownership

Softim Pulse Photography retains copyright to all images created in the course of providing our services. Copyright is protected under the Copyright, Designs and Patents Act 1988.

This means that we own the intellectual property rights to the photographs, even after delivering them to you.

Your Usage Rights

When you purchase our services, you receive a license to use the images as follows:

• Personal Use License: For portrait, family, and personal sessions, you may use the images for personal purposes, including printing, sharing with friends and family, and posting on personal social media accounts
• Commercial Use License: For business and commercial photography, the specific usage rights will be outlined in your contract

Unless specifically granted in writing, you may not:

• Sell the photographs or use them for commercial purposes (unless a commercial license has been purchased)
• Submit images to contests, publications, or other third parties without our written permission
• Edit, alter, or modify the images beyond basic resizing for social media use
• Remove watermarks or metadata from the images

Our Usage Rights

Unless you have specifically opted out in writing, we reserve the right to:

• Use your images in our portfolio, website, social media, and marketing materials
• Submit images to photography competitions or publications
• Feature your session on our blog or in promotional content

We are sensitive to privacy concerns and will respect any reasonable requests regarding the use of your images. Please discuss any specific concerns with us before your session.

Limitation of Liability

Service Disruption

While we make every effort to provide reliable services, we cannot guarantee that:

• Our website will be available uninterrupted and error-free
• Technical issues (equipment failure, memory card corruption, etc.) will not occur during photography sessions

In the event of technical failures, illness, accidents, or other circumstances beyond our control that prevent us from fulfilling our obligations, our liability is limited to a refund of payments made or rescheduling of services, at our discretion.

Image Quality and Outcome

Photography is a subjective art form, and we cannot guarantee:

• That you will like every image from your session
• Specific poses, compositions, or creative outcomes
• Perfect weather or lighting conditions for outdoor sessions
• The cooperation of subjects (particularly children, animals, or large groups)

We will use our professional judgment and experience to create the best possible images under the given circumstances.

General Limitations

To the fullest extent permitted by law:

• We shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising from your use of our services or website
• Our total liability for any claims related to our services or these Terms shall not exceed the amount you paid for the specific services giving rise to the claim
• These limitations apply regardless of whether the damages are claimed under contract, tort, or any other legal theory

Nothing in these Terms excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by English law.

Indemnification

You agree to indemnify, defend, and hold harmless Softim Pulse Photography, its directors, officers, employees, and agents from and against any claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) that arise from or relate to:

• Your use of our website or services
• Your violation of these Terms
• Your violation of any rights of another person or entity
• Your content or information provided to us

We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.

Termination

We may terminate or suspend your access to our website or services immediately, without prior notice or liability, for any reason, including but not limited to a breach of these Terms.

Upon termination, your right to use our website or services will immediately cease. If you wish to terminate your relationship with us, you may simply discontinue using our website and services.

For clients with active contracts, termination will be governed by the cancellation terms specified in your contract.

All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

Privacy

Your privacy is important to us. Our Privacy Policy, which is incorporated into these Terms by reference, explains how we collect, use, and protect your personal information. By using our website or services, you consent to our collection and use of information as described in our Privacy Policy.

Please review our Privacy Policy carefully to understand our practices regarding your personal information.

Changes to Terms

We reserve the right to modify these Terms at any time. Changes will be effective immediately upon posting on our website. Your continued use of our website or services after any changes indicates your acceptance of the modified Terms.

We will make reasonable efforts to notify you of significant changes through a notice on our website or by email if you have an active contract with us.

It is your responsibility to review these Terms periodically to stay informed of updates.

Miscellaneous Provisions

Governing Law

These Terms and any separate agreements through which we provide you services shall be governed by and construed in accordance with the laws of England and Wales.

Any disputes arising under or in connection with these Terms shall be subject to the exclusive jurisdiction of the courts of England and Wales.

Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect. The invalid or unenforceable provision shall be replaced by a valid, enforceable provision that most closely matches the intent of the original provision.

Waiver

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. The waiver of any such right or provision will be effective only if in writing and signed by an authorized representative of Softim Pulse Photography.

Assignment

You may not assign or transfer these Terms, by operation of law or otherwise, without our prior written consent. Any attempt to do so will be null and void. We may assign our rights and obligations under these Terms without your consent in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of our assets.

Entire Agreement

These Terms, together with any applicable service contracts and our Privacy Policy, constitute the entire agreement between you and Softim Pulse Photography regarding your use of our website and services, and supersede all prior and contemporaneous agreements, proposals, or representations, written or oral, concerning their subject matter.

Contact Us

If you have any questions about these Terms and Conditions, please contact us at: