Terms of Use and Conditions
Application of these Terms and Conditions
1. These Terms and Conditions shall apply in respect of all prints, goods and services we supply to you whether specified in writing or otherwise (“the Prints, Goods, or Services”). Except to the extent that these terms and conditions are varied by mutual consent they together with the brief and quotation shall constitute the entire agreement between us and shall prevail over your own terms and conditions. You agree that in ordering from this website you are entering into this agreement, you shall not rely on any representation or understanding, whether oral or in writing, which is not included or referred to in these terms and conditions. You further agree that using this site constitutes your understanding of the copyright and trademark rights of David Siqueiros, Digital Pictures and others and agree not to infringe on those rights in any way.
Delivery
2. The Prints, Goods, or Services shall be delivered to you in accordance with the either the shipping instructions of the brief agreed at the outset of the project either through concept meetings or in written proposals.
3. We shall produce one numbered limited edition print per image only for your personal use. Should you require any kind of usage rights those rights require additional permission and compensation to be negotiated before any such usage. A separate quotation will be issued for any additional usage of any of the images you purchase.
4. Times given for delivery of the Prints, Goods, or Services are estimates only and time shall not be of the essence.
Acceptance and Changes
5. The Prints, Goods, or Services shall be made available for acceptance at agreed stages. At each agreed stage changes to the Prints, Goods, or Services shall only be permitted to the extent that such changes are consistent with the brief. Beyond completion of the final Prints, Goods, or Services we will allow the ‘Three Hour Rule’. By this it is meant that any change or alteration to the final Master that we deem will take less than three man-hours will not be charged.
6. Other than as stated in clause 5 above changes to the brief or otherwise that result in additional work being carried out will be chargeable at the relevant daily rate; this shall include the following:
a. Changes that result from inaccurate on misleading information having been supplied by you in preparation of the brief;
b. Changes that result from your failure to obtain consent from any third parties or employees necessary in the delivery of the Service;
c. Changes that result from a significant change to the brief;
d. Additions to the original brief in the form of extra variations or edits of the originally planned piece such as shorter ‘highlights’ edits or specific web versions that are not agreed at the outset.
Payment
7. Payment terms will be set out in the relevant quotation issued by us to you. Where payment terms are not set out in the relevant quotation:
a. Payment is due in full prior to providing Prints, Goods, or Services and is of the essence. We will not consider payment to be received until it is represented by cleared funds. Time for payment shall be of the essence. We reserve the right to charge 3% interest per month on any unpaid balances. Any fees incurred by us in recovering payment will be chargeable.
b. Payment to be made in US Dollars.
8. Where possible we will interim invoice in respect of the Prints, Goods, or Services. Where the quote exceeds $2000 we reserve the right to invoice for the production component of the Prints, Goods, or Services immediately following its completion.
9. If payment is overdue and/or you are in breach of your obligations set out in this agreement we reserve the right (without prejudice to any other right or remedy available to us) to stop or postpone delivery or performance under this agreement and we will not be liable for any loss you may suffer as a result of application of this clause. We shall have a general lien or right of retention on materials supplied by you to us until payment has been made.
10. Payment is to be made in full without any discount deduction, set off or abatement.
11. We reserve the right to appropriate any payment made by you and apply it in total or partial satisfaction of any debt due from you to us.
Cancellation, Safety and Insurance
12.1. Dates for production are agreed in advance and confirmed by you. Where these dates are cancelled whether due to a request from you or due to an amendment by you that results in a cancellation the following charges will apply where the cancellation notice is given or is caused:
a. Within 14 days of shoot date – $500
b. Within 72 hours of shoot date – 50% of daily shoot rate and expenses
c. Within 60 hours of shoot date – 100% of daily shoot rate and expenses
12.2. Where the shoot shall take place at your premises or a location designated by you the responsibility for ensuring said location is safe and that adequate insurance is in place shall be vested in you.
Expenses
13. All reasonable expenses incurred by us in providing the Service shall be at your cost. Where possible expenses will be pre-arranged with you and/or set out in the quotation.
Our Copyright Policy
14. We operate a fair approach to copyright. All copyright vested in the media produced by us shall remain the property of David Siqueiros Digital Pictures Corporation but may be assigned to you subject to the following:
a. Payment in full is received from you for all outstanding invoices and if copyright is required by you a "copyright transfer fee" is agreed to in advance of the production.
b. In the event of a copyright transfer, you grant us a royalty free license to use all copyright in the media produced by us for our own promotional purposes such as on our website or otherwise;
c. All design concepts such as logos, themes, plans, models together with all copyright in any music shall remain vested in us and shall be made available to you on license save that you shall only be permitted to use such material and design concepts for the purpose identified in the brief;
d. Our enforcement of the above conditions is subject to our adherence to the Storage Policy as outlined below.
Storage Policy
15. All media produced by us on your behalf will be stored as follows:
a. All photographs and/or footage will be captured in Hi-Definition (as standard) and stored on professional format digital media and transferred to our studio for editing on a high speed RAID array;
b. All footage on a RAID hard drive is retained at our studio on password protected computer systems until completion of the post production process;
c. Following completion of a beta edit the footage is then copied to a secondary back up hard drive at our studio to protect against electronic drive failure.
Warranties and Liability
16. We warrant that we will use all due skill and care in providing you with the Prints, Goods, or Service. Other than as expressly provided for in these terms and conditions no warranty, guarantee or other term relating to the provision of the Prints, Goods, or Services whether implied by statute, common law or otherwise is given, however where we supply goods to you as part of the Prints, Goods, or Services we shall, where possible, assign to you the benefit of any warranty, guarantee or indemnity given to us by the persons supplying the goods to us.
17. We shall have no liability to you for any loss, damage, costs, expenses or other claims for compensation arising from any materials supplied by you to us or instructions supplied by you which are incomplete, incorrect, inaccurate or illegible, or arising from their late arrival or non-arrival, or any other fault of yours.
18. Except in respect of death or personal injury caused by our negligence we shall not be liable to you by reason of any representation (unless fraudulent) or any implied warranty, condition or other term or any duty at common law or under the express terms of this agreement for any loss of profit or any indirect or consequential loss, loss of goodwill, any destruction of data, damage, costs or expenses whether or not such losses were in the contemplation of the parties and at the date of this agreement, which arise out of or in connection with the provision of the Prints, Goods, or Services.
19. Except in respect of death or personal injury our entire liability in contract, tort (including negligence or breach of statutory duty) misrepresentation, restitution or otherwise arising in connection with the performance or contemplated performance of this agreement between us shall not exceed either the amount of the price payable by you in respect of the services, goods and/or materials we supply to you or in respect of a valid claim the amount claimable under the terms of the appropriate insurance policy we hold.
20. You agree to indemnify and hold us harmless for all liabilities, loss, claims and expenses that may arise from any breach of these terms and conditions by you, including any third party liabilities incurred by us.
21. Any claim that you may have against us must be notified to us in writing within one month of the claim arising.
Assignment
22. We reserve the right to assign or sub-contract any or all of the rights and obligations under these terms and conditions without your further consent to such assignment or sub-contract.
Severance
23. If any provision of these terms and conditions (whether in part or in whole) is held by a Court or jurisdiction to be illegal, or unenforceable the parties shall agree to amend the relevant provision as shall be necessary to ensure its application and the remaining provisions of the Contract shall remain full force and effect.
Waiver
24. Any waiver by us of any breach of or any default under any provision of this agreement will not be deemed a waiver of any subsequent breach or default and will in no way affect the terms of this agreement.
Applicable Law
25. These terms and conditions shall be governed by Florida law and subject to the exclusive jurisdiction of the county of Miami Dade in the State of Florida. In the event of any dispute between the parties concerning these Terms and Conditions, the party prevailing in such dispute shall be entitled to collect from the other party all costs incurred in such dispute, including reasonable attorneys fees.
1. These Terms and Conditions shall apply in respect of all prints, goods and services we supply to you whether specified in writing or otherwise (“the Prints, Goods, or Services”). Except to the extent that these terms and conditions are varied by mutual consent they together with the brief and quotation shall constitute the entire agreement between us and shall prevail over your own terms and conditions. You agree that in ordering from this website you are entering into this agreement, you shall not rely on any representation or understanding, whether oral or in writing, which is not included or referred to in these terms and conditions. You further agree that using this site constitutes your understanding of the copyright and trademark rights of David Siqueiros, Digital Pictures and others and agree not to infringe on those rights in any way.
Delivery
2. The Prints, Goods, or Services shall be delivered to you in accordance with the either the shipping instructions of the brief agreed at the outset of the project either through concept meetings or in written proposals.
3. We shall produce one numbered limited edition print per image only for your personal use. Should you require any kind of usage rights those rights require additional permission and compensation to be negotiated before any such usage. A separate quotation will be issued for any additional usage of any of the images you purchase.
4. Times given for delivery of the Prints, Goods, or Services are estimates only and time shall not be of the essence.
Acceptance and Changes
5. The Prints, Goods, or Services shall be made available for acceptance at agreed stages. At each agreed stage changes to the Prints, Goods, or Services shall only be permitted to the extent that such changes are consistent with the brief. Beyond completion of the final Prints, Goods, or Services we will allow the ‘Three Hour Rule’. By this it is meant that any change or alteration to the final Master that we deem will take less than three man-hours will not be charged.
6. Other than as stated in clause 5 above changes to the brief or otherwise that result in additional work being carried out will be chargeable at the relevant daily rate; this shall include the following:
a. Changes that result from inaccurate on misleading information having been supplied by you in preparation of the brief;
b. Changes that result from your failure to obtain consent from any third parties or employees necessary in the delivery of the Service;
c. Changes that result from a significant change to the brief;
d. Additions to the original brief in the form of extra variations or edits of the originally planned piece such as shorter ‘highlights’ edits or specific web versions that are not agreed at the outset.
Payment
7. Payment terms will be set out in the relevant quotation issued by us to you. Where payment terms are not set out in the relevant quotation:
a. Payment is due in full prior to providing Prints, Goods, or Services and is of the essence. We will not consider payment to be received until it is represented by cleared funds. Time for payment shall be of the essence. We reserve the right to charge 3% interest per month on any unpaid balances. Any fees incurred by us in recovering payment will be chargeable.
b. Payment to be made in US Dollars.
8. Where possible we will interim invoice in respect of the Prints, Goods, or Services. Where the quote exceeds $2000 we reserve the right to invoice for the production component of the Prints, Goods, or Services immediately following its completion.
9. If payment is overdue and/or you are in breach of your obligations set out in this agreement we reserve the right (without prejudice to any other right or remedy available to us) to stop or postpone delivery or performance under this agreement and we will not be liable for any loss you may suffer as a result of application of this clause. We shall have a general lien or right of retention on materials supplied by you to us until payment has been made.
10. Payment is to be made in full without any discount deduction, set off or abatement.
11. We reserve the right to appropriate any payment made by you and apply it in total or partial satisfaction of any debt due from you to us.
Cancellation, Safety and Insurance
12.1. Dates for production are agreed in advance and confirmed by you. Where these dates are cancelled whether due to a request from you or due to an amendment by you that results in a cancellation the following charges will apply where the cancellation notice is given or is caused:
a. Within 14 days of shoot date – $500
b. Within 72 hours of shoot date – 50% of daily shoot rate and expenses
c. Within 60 hours of shoot date – 100% of daily shoot rate and expenses
12.2. Where the shoot shall take place at your premises or a location designated by you the responsibility for ensuring said location is safe and that adequate insurance is in place shall be vested in you.
Expenses
13. All reasonable expenses incurred by us in providing the Service shall be at your cost. Where possible expenses will be pre-arranged with you and/or set out in the quotation.
Our Copyright Policy
14. We operate a fair approach to copyright. All copyright vested in the media produced by us shall remain the property of David Siqueiros Digital Pictures Corporation but may be assigned to you subject to the following:
a. Payment in full is received from you for all outstanding invoices and if copyright is required by you a "copyright transfer fee" is agreed to in advance of the production.
b. In the event of a copyright transfer, you grant us a royalty free license to use all copyright in the media produced by us for our own promotional purposes such as on our website or otherwise;
c. All design concepts such as logos, themes, plans, models together with all copyright in any music shall remain vested in us and shall be made available to you on license save that you shall only be permitted to use such material and design concepts for the purpose identified in the brief;
d. Our enforcement of the above conditions is subject to our adherence to the Storage Policy as outlined below.
Storage Policy
15. All media produced by us on your behalf will be stored as follows:
a. All photographs and/or footage will be captured in Hi-Definition (as standard) and stored on professional format digital media and transferred to our studio for editing on a high speed RAID array;
b. All footage on a RAID hard drive is retained at our studio on password protected computer systems until completion of the post production process;
c. Following completion of a beta edit the footage is then copied to a secondary back up hard drive at our studio to protect against electronic drive failure.
Warranties and Liability
16. We warrant that we will use all due skill and care in providing you with the Prints, Goods, or Service. Other than as expressly provided for in these terms and conditions no warranty, guarantee or other term relating to the provision of the Prints, Goods, or Services whether implied by statute, common law or otherwise is given, however where we supply goods to you as part of the Prints, Goods, or Services we shall, where possible, assign to you the benefit of any warranty, guarantee or indemnity given to us by the persons supplying the goods to us.
17. We shall have no liability to you for any loss, damage, costs, expenses or other claims for compensation arising from any materials supplied by you to us or instructions supplied by you which are incomplete, incorrect, inaccurate or illegible, or arising from their late arrival or non-arrival, or any other fault of yours.
18. Except in respect of death or personal injury caused by our negligence we shall not be liable to you by reason of any representation (unless fraudulent) or any implied warranty, condition or other term or any duty at common law or under the express terms of this agreement for any loss of profit or any indirect or consequential loss, loss of goodwill, any destruction of data, damage, costs or expenses whether or not such losses were in the contemplation of the parties and at the date of this agreement, which arise out of or in connection with the provision of the Prints, Goods, or Services.
19. Except in respect of death or personal injury our entire liability in contract, tort (including negligence or breach of statutory duty) misrepresentation, restitution or otherwise arising in connection with the performance or contemplated performance of this agreement between us shall not exceed either the amount of the price payable by you in respect of the services, goods and/or materials we supply to you or in respect of a valid claim the amount claimable under the terms of the appropriate insurance policy we hold.
20. You agree to indemnify and hold us harmless for all liabilities, loss, claims and expenses that may arise from any breach of these terms and conditions by you, including any third party liabilities incurred by us.
21. Any claim that you may have against us must be notified to us in writing within one month of the claim arising.
Assignment
22. We reserve the right to assign or sub-contract any or all of the rights and obligations under these terms and conditions without your further consent to such assignment or sub-contract.
Severance
23. If any provision of these terms and conditions (whether in part or in whole) is held by a Court or jurisdiction to be illegal, or unenforceable the parties shall agree to amend the relevant provision as shall be necessary to ensure its application and the remaining provisions of the Contract shall remain full force and effect.
Waiver
24. Any waiver by us of any breach of or any default under any provision of this agreement will not be deemed a waiver of any subsequent breach or default and will in no way affect the terms of this agreement.
Applicable Law
25. These terms and conditions shall be governed by Florida law and subject to the exclusive jurisdiction of the county of Miami Dade in the State of Florida. In the event of any dispute between the parties concerning these Terms and Conditions, the party prevailing in such dispute shall be entitled to collect from the other party all costs incurred in such dispute, including reasonable attorneys fees.
