Please read these terms and conditions carefully as they govern the usage of our website (www.keithlogan.co.uk) and the sale of any goods & services on the website and directly from Keith Logan Web Design | Photography. Please print these terms and conditions and keep a copy for your reference. They do not affect your statutory rights. By using our web site or purchasing any of our goods and services you are agreeing to the terms and conditions set out below. We’re continually seeking to improve our services, and we reserve the right, at our discretion, to make changes to any part of the website, and to our general terms and conditions, at any time. Any changes will take effect on the date they are posted on the website.
The terms “us” and “we” refer to Keith Logan Web | Design | Photography. The term “you” refers to the user of the website/customer.
1) Rights: all rights in all material and content (including, but not limited to, text, images, web pages, sound, software (including, code, interface and website structure) and video, and the look and feel, design and compilation thereof) at the Site are owned by us. You agree that you are permitted to use this material and/or content only as set out in these Terms & Conditions or as otherwise expressly authorised in writing by us, and that you may not otherwise copy, reproduce, transmit, publicly perform, distribute, commercially exploit, adapt, translate, modify, bundle, merge, share or make available to any person, or create derivative works of such material or content.
2) Pricing: We reserve the right to amend our prices at any time without prior notice. Orders are fulfilled on the understanding that prices charged are those current at the date of order.
3) Delivery times quoted by us are estimates only and we will not be held liable for any consequential loss or damage resulting from any failure to meet estimated delivery times.
4) In the event of any dispute, any contract between the customer and Keith Logan Web Design | Photography shall be governed by Scottish Law and you agree to irrevocably submit to the exclusive jurisdiction of the Scottish Courts.
5) Acceptance by the customer of goods and services from Keith Logan Web Design | Photography implies acceptance of these general Terms and Conditions unless variation is expressly agreed to in writing by Keith Logan Web Design | Photography
6) Provision of website service: The website is owned and operated by Keith Logan Web Design | Photography registered at 14 Broadgait Court, Gullane, East Lothian, EH32 2DL. Keith Logan Web Design | Photography will be the contracting party for any order that you place.
7) Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
8) Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.
9) From time to time this website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s).
10) Product Details, Prices & Promotions: We take great care to present the products on our website as accurately as possible, however, although we endeavour to ensure that all pricing information on the website is accurate, occasionally an error may occur and goods may be mispriced. If we discover a pricing error we will, at our discretion, either contact you and ask you whether you wish to cancel your order or continue with the order at the correct price; or notify you that we have cancelled your order. We are not obliged to supply goods at the incorrect price.
11) We reserve the right to adjust prices, offers, products and specifications of products on the website at our discretion at any time before we accept your order. We reserve the right to withdraw any goods from the website at any time.
12) Ordering: Once you’ve placed an order with us, we’ll send you an acknowledgement email with your order number, and details of the goods you have ordered. At this stage, your order is still subject to acceptance by us. Although we don’t have to accept your order, we would do normally where:
a. You are over 18
b. The product(s) you want to buy are available
c. The product price is correct
d. Your credit/debit card has been authorised
13) Your order will be accepted once you have paid for it in full, and it has been sent out by us, and at this stage, a binding contract exists between us. We will send you an email confirming that your order has been dispatched to you, unless we’ve been unable to accept your order.
14) Payments: We can only accept payment from credit or debit cards with a UK billing address and all of our card payments are processed by PayPal. You can only use a credit/debit card that is registered in your name. All orders are subject to validation checks and authorisation by your card issuer, and by our card payment processor. If your card issuer does not authorise payment, we cannot accept your order and we cannot be responsible for any delay or non-delivery. If this happens, you should contact your card issuer. Unfortunately, we are not responsible for any charges imposed by your card issuer or bank as a result of your order. PayPal Fraud Protection Services leverages the Secure Sockets Layer (SSL) protocol, which provides crucial online identity and security with e-commerce transactions ensuring that the information you submit to us stays private and confidential. Moreover, using SSL with an encryption key length of 128 bits (the highest level commercially available), PayPal automatically encrypts your confidential information in transit to
PayPal’s servers, which are heavily guarded both physically and electronically. These servers sit behind a monitored electronic firewall and are not connected directly to the internet, so your private information is only available to authorised computers.
15) Delivery: All of our vouchers will be dispatched within 3 to 5 business days of receipt of order and can only be shipped to the mainland UK.
16) Online Shopping Cancellation and Returns Policy: We do not offer refunds or exchanges on our products and services. Our gift vouchers are non-transferrable and non-refundable.
17) Limited Warranties: We will do our best to ensure the website is up and running at all times. However, because of the number of sources we get our content from, and the nature of the internet itself, we cannot offer any warranties. In particular, you shouldn’t take the accuracy of information on the website for granted. We cannot warranty that our website is free from infection by virus or malicious activity, and so you should always ensure your anti-virus software is up to date. We do warrant that the products we dispatch to you are a true match to the product description on the website.
18) Limitation of Liability: In respect of the content that is available on the website, we will use our reasonable endeavours to resolve faults. You agree that we will not be liable for any losses (other than damages for death or personal injury resulting from our negligence) you may incur as a result of your use or non-use of that content or any of our products and services. This includes any computer virus transmitted by our website or any third parties you may link to from our site. Except as may be implied by law where you are dealing as a Consumer, our total liability to you for all losses arising under or in connection with any contract between us, including under these Terms and Conditions, whether in contract, delict (including negligence), breach of statutory duty or otherwise, shall be limited to the total Price paid by you for the goods or services provided to you and we shall not be liable, under any circumstances, for any indirect, incidental or consequential loss or damage whatever. Nothing in these terms and conditions shall exclude or limit our liability for death or personal injury resulting from our negligence. Using any of our products, services or website is entirely at your own risk.
19) Artwork Disclaimer
Final Proofing Is The Sole Responsibility Of The Customer.
The customer must check the proofs for any discrepancies. In particular, check SPELLING, NUMBERS, DATES, PUNCTUATION, POSITIONING & TYPESTYLE.
Whilst every precaution is taken to ensure accuracy, Keith Logan Web | Design | Photography cannot accept responsibility for any errors or omissions overlooked whilst approving the proof(s). Please note that this proof cannot show an accurate representation of colour and the finished product will be subject to normal commercial printing tolerances.
20) Print Disclaimer
All reasonable efforts shall be made to obtain the best possible colour reproduction but variation is inherent in the print process and it is understood and accepted as reasonable that Keith Logan Web | Design | Photography shall not be required to guarantee an exact match in colour or texture between a customer’s photograph, transparency, proof, electronic graphic file, previously printed matter (whether printed through Keith Logan Web | Design | Photography or other party) or any other materials supplied by the customer and the printed article the subject of the customer’s order.
21) WordPress Themes / Plugin Licenses – a WordPress based website that uses a 3rd party theme or plugin that requires a license, we will where possible transfer the ownership of a license to the client where possible. In the event of when the theme or plugin that is under the GPL License (http://www.gnu.org/licenses/gpl.html) the client needs to purchase their own license for product updates and support.
22) Website Hosting & Analytics
All customer websites hosted by Keith Logan Web | Design | Photography will be set up to include complimentary Google Analytics and are subject to the terms and conditions laid out by Google in their terms of service located here . Any sites designed but not hosted by Keith Logan Web | Design | Photography will not include this service, similarly in the event of hosting being moved to a 3rd party, this service will be terminated from the date of transfer to the 3rd party.
Website hosting renewals that aren’t paid by the client by the renewal date will be subject to a re-connection charge of £50 per site.
23) Website Subscription Service
Our website subscription packages minimum contract is for 1 year from the date that the approval is signed by the customer. In the event that a customer would like to end their contract, they must give Keith Logan Web | Design | Photography 3 months’ written notice. This service is dependent on an ongoing subscription and your access to any and all content will be removed upon cancellation or payment failure.
24) Copyright and Use of Material
Keith Logan Web | Design | Photography retains all copyright of all ground or aerial video footage or photography. Clients are not permitted to sell the material or allow general 3rd parties to use it with a prior written agreement.
25) SoW – is a statement of work. This is something that, depending on the size of the project, we may require you to sign prior to commencing work in order to agree on specific and unique requirements to that project.
26) Costs, Payments & Charges:
a. Acceptance of any financial quotes received from Keith Logan Web | Design | Photography Web | Design | Photography and/or the issue of a purchase order from the client to Keith Logan Web | Design | Photography, is acceptance and agreement of the Terms and Conditions in this document, which forms the contract between Keith Logan Web | Design | Photography and the client.
b. All financial quotes are valid for thirty (30) days unless otherwise agreed or stated.
c. Costs will be discussed during the scoping of the project and provided as a final quote once the type and length of production has been identified (as well as time spent on pre-production, production and post-production). Complex projects may require the client to sign a SoW to agree project specifics.
d. Any additional costs to the production will be notified, agreed in writing and charged accordingly to the client.
e. If a project requires additional content, this is, in effect, a contract change. An amendment will be made to the original contract and, once approved, becomes contractually binding. E-mail correspondence shall be sufficient to prove changes to agreements for the form and content of programmes.
f. Keith Logan Web | Design | Photography reserves the right to not commence work on any project until a signed purchase order or equivalent document has been provided by the client.
27) Cancellations & Terminations:
a. In the event of cancellation of a service or termination of the agreed contract, in whole or part, by the client prior to completing the project, Keith Logan Web | Design | Photography reserves the right to make the following cancellation/termination charges:
i. Cancellation by the client with more than 48 hours notice before a production has commenced may result in a charge being made to cover costs already incurred.
ii. Cancellation by the client with less than 48 hours notice may result in up to 50% of total charge minus any deposit paid.
iii. Cancellation by the client when the production has commenced, or with less than 48 hours notice, may result in up to 100% of the total charge being made.
b. Keith Logan Web | Design | Photography reserve the right to cancel or terminate a contract or agreed project if:
i. You or your organisation becomes insolvent or subject to bankruptcy proceedings.
ii. The reputation of Keith Logan Web | Design | Photography and anyone connected with Keith Logan Web | Design | Photography could be damaged.
c. The client may terminate the contract at any time by written notice of termination, and on settlement of account. When the client terminates the contract, they will remain liable to pay in full for all work previously undertaken and in progress by Keith Logan Web | Design | Photography unless any other written agreement is reached in advance. This includes any creative and/or pre-production activity prior to filming. The cost of pre-production will have been agreed as part of the quote and is non-negotiable.
28) Liability, Responsibilities & Force Majure:
a. Keith Logan Web | Design | Photography reserves the right to refuse to use, publish or broadcast any information it considers obscene or morally unsuitable or which would breach copyrights, or which is libelous, defamatory or illegal. Should such a submission occur, the client will be advised which information was deemed unsuitable, and requested to amend the information. If the client can show good reason to use the “unsuitable” information, its inclusion may be considered.
b. Keith Logan Web | Design | Photography shall be under no liability if unable to carry out any provision of the contract for any reason beyond its control including (without limiting the foregoing) Act of God, legislation, war, fire, flood, drought, failure of power supply, lock-out, strike or other action taken by suppliers or owing to any inability to procure materials required for the performance of the contract. During the continuance of such a contingency the client may, by written notice to Keith Logan Web | Design | Photography, elect to terminate the contract and pay for work done and materials used but subject thereto shall otherwise accept delivery when available.
c. Keith Logan Web | Design | Photography cannot be held liable for loss or damage caused as a result of third party action or failure.
d. Keith Logan Web | Design | Photography cannot be held liable to any party for any errors on any medium after the client has agreed in writing that the content is correct and accurate and should be posted, published or broadcast.
e. Any claims must be made in writing to Keith Logan Web | Design | Photography within 7 days of receipt of goods. If no claim is made within this period the client is deemed to have accepted the goods at the agreed price.
f. Any contract requiring Keith Logan Web | Design | Photography to work to specific deadlines provided within the written agreement will be deemed to include a proviso that the clients will make themselves reasonably available to communicate with Keith Logan Web | Design | Photography its servants or agents, as necessary (including the fulfilment of any assets required by Keith Logan Web | Design | Photography to complete the project).
g. If a client takes all footage (or any copies of all footage and material) away from Keith Logan Web | Design | Photography – then it is deemed that the responsibility and safeguarding of the material is then fully passed on to the client. Keith Logan Web | Design | Photography will then no longer be liable for the footage, and also reserves the right to delete all material and footage associated with the project from Keith Logan Web | Design | Photography’s media server and hard drives at any point in the future. Unless otherwise agreed, automatic offsite backup of your footage will be for a minimum of 3 months after the final delivery date of your project. After this point your footage may be transferred to our in-house local archive system – which is NOT automatically backed up offsite – and Keith Logan Web | Design | Photography will no longer be held liable for the long-term safe storage and archiving of your material.
h. Unless otherwise agreed in writing, the client accepts Keith Logan Web | Design | Photography’s decisions on creativity within the product(s) or service(s).
29) 4. Illness, Injuries and Preventions
a. If any member of the Keith Logan Web | Design | Photography crew is unable to attend a production or meeting, due to illness or injury, Keith Logan Web | Design | Photography reserves the right to bring and/or send a contractor in that team member’s place – at no further cost to the client.
29) Copyright & Ownership:
a. In alignment with UK law, when a client asks or commissions another person or organisation to create a copyright work, the first legal owner of copyright is the person or organisation that created the work and not the commissioner or client, unless otherwise agreed in writing.
i. For productions commissioned to Keith Logan Web | Design | Photography, Keith Logan Web | Design | Photography assigns joint copyright/ownership and in perpetuity usage license for all platforms and territories for any final video edits produced only.
ii. Unless otherwise agreed in writing, Keith Logan Web | Design | Photography will retain full copyright/ownership of all RAW assets created and produced for a project commissioned by the client.
iii. If you require full copyright and ownership of your material, please contact us to discuss arrangements and terms in writing.
b. Electronic project files (for editing, motion graphics and other associated audio and visual works) remain the property of Keith Logan Web | Design | Photography, and copies will be given over to the client at the discretion of Keith Logan Web | Design | Photography. Copies of footage can be requested by clients, but this does not mean that project files will be transferred over by default.
c. Rushes (all RAW filmed footage) are not supplied to the client as standard. Rushes/video files can be supplied for an additional fee equal to 50% of the project’s full invoice ex VAT (plus the cost of a hard drive and postage), unless agreed otherwise in writing or via email.
30) Permitted Usage & Restrictions:
a. A project will only be publicly released by Keith Logan Web | Design | Photography and the client once both parties (Keith Logan Web | Design | Photography and the client) approves all content as complete and satisfactory and confirms this in writing.
b. In consideration of, and subject to, the final payment of full fees due to Keith Logan Web | Design | Photography by the client, Keith Logan Web | Design | Photography hereby assigns to the client with an in perpetual, worldwide license to use the accompanying image(s) , sound(s) and video(s)
(collectively, “Media,”) for permitted commercial purposes, defined as:
i. Video, broadcast, theatrical.
ii. Advertising, promotion and industry/company communications.
iii. As part of a commercial website for promotional or other communication purposes
c. Usage is only permitted on the channels/platforms originally agreed as part of the original project quote. Any changes in the final platform should be agreed with Keith Logan Web | Design | Photography in writing and may incur additional costs.
d. The client may not resell, relicense, redistribute without express written permission from Keith Logan Web | Design | Photography. Use as a derivative work, and reselling or redistributing such derivative work is prohibited. Media may not be used in a pornographic, obscene, illegal, immoral, libelous or defamatory manner. Media may not be incorporated into trademarks, logos, or service marks.
31) Usage by Keith Logan Web | Design | Photography:
a. Keith Logan Web | Design | Photography reserves the right to use any and all footage and content, created for and on behalf of the client as part of the project (in part or in full) in perpetuity and in any medium for marketing and promotional purposes. This includes all RAW files and final videos. The marketing purposes includes, but is not limited to the Keith Logan Web | Design | Photography website, social media channels, Vimeo account and public business presentations.
b. When producing marketing and portfolio content, Keith Logan Web | Design | Photography will never deface the video or add elements which could affect the client’s image – but on rare occasions, Keith Logan Web | Design | Photography may re-edit the final video based on style, flow and music.
c. Keith Logan Web | Design | Photography retain the right to adapt the final video for Keith Logan Web | Design | Photography’s showreels and portfolio content, unless otherwise agreed in writing with the client.
a. Some projects may require Keith Logan Web | Design | Photography to produce work, prior to filming, such as (but not limited to) creative concepts, storyboards, set building and logistical planning. Any pre-production activity will be accounted for as part of the original project scope and quote.
b. In the event of a cancellation or scope change, after commencing work on pre-production, Keith Logan Web | Design | Photography reserves the right to invoice for the work completed so far PLUS any external costs incurred.
a. A standard filming day is 8 hours of crew time on-set or at location (including a 45 minute lunch break, but excluding travel time). Any additional overtime required by the project or client on the filming day may be subject to additional costs.
b. Filming standards, format and resolutions are agreed on a project by project basis.
a. On delivery of the final master video, any technical issues encountered in the video will be corrected free of charge by Keith Logan Web | Design | Photography.
b. Keith Logan Web | Design | Photography reserves the right to quote and charge accordingly for any ongoing and additional post-production incurred outside of the agreed contract. This includes additional requests that were not detailed in writing (email or brief) by the client prior to commencing production.
c. Once complete video sign-off has been received from the client in writing and a final master file delivered, any changes to the video beyond that point will be subject to a re-mastering fee. This is to cover the costs of making minor amends, re-exporting the files and processing. The fee will be agreed prior to making any amendments in-line with the Keith Logan Web | Design | Photography rate card.