Terms and Conditions

These Terms govern your access to, usage of all content, Product and Services available at https://blanc-creative.com website (the “Service”) operated by Blanc Creative (“us”, “we”, or “our”).

Your access to our services are subject to your acceptance, without modification, of all of the terms and conditions contained herein and all other operating rules and policies published and that may be published from time to time by us.

Please read the Agreement carefully before accessing or using our Services. By accessing or using any part of our Services, you agree to be bound by these Terms. If you do not agree to any part of the terms of the Agreement, then you may not access or use our Services.

Intellectual Property

The Agreement does not transfer from Us to you any of Ours or third party intellectual property, and all right, title, and interest in and to such property will remain (as between the parties) solely with Blanc Creative and its licensors.

Third Party Services

In using the Services, you may use third-party services, products, software, embeds, or applications developed by a third party (“Third Party Services”).

If you use any Third Party Services, you understand that:

• Any use of a Third Party Service is at your own risk, and we shall not be responsible or liable to anyone for Third Party websites or Services.
• You acknowledge and agree that We shall not be responsible or liable for any damage or loss caused or alleged to be caused by or in connection with the use of any such content, goods or services available on or through any such web sites or services.

Accounts

Where use of any part of our Services requires an account, you agree to provide us with complete and accurate information when you register for an account.

You will be solely responsible and liable for any activity that occurs under your account. You are responsible for keeping your account information up-to-date and for keeping your password secure.

You are responsible for maintaining the security of your account that you use to access the Service. You shall not share or misuse your access credentials. You must notify us immediately of any unauthorized uses of your account or upon becoming aware of any other breach of security.

Termination

We may terminate or suspend your access to all or any part of our Services at any time, with or without cause, with or without notice, effective immediately.

If you wish to terminate the Agreement or your Blanc Creative account, you may simply discontinue using our Services.

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

Disclaimer

Our Services are provided “AS IS.” and “AS AVAILABLE” basis. Blanc Creative and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Blanc Creative, nor its suppliers and licensors, makes any warranty that our Services will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, our Services at your own discretion and risk.

Jurisdiction and Applicable Law

Except to the extent any applicable law provides otherwise, the Agreement and any access to or use of our Services will be governed by the laws of United Kingdom.

The proper venue for any disputes arising out of or relating to the Agreement and any access to or use of our Services will be the state and federal courts located in United Kingdom.

Changes

Blanc Creative reserves the right, at our sole discretion, to modify or replace these Terms at any time.

If we make changes that are material, we will let you know by posting on our website, or by sending you an email or other communication before the changes take effect. The notice will designate a reasonable period of time after which the new terms will take effect.

If you disagree with our changes, then you should stop using our Services within the designated notice period, or once the changes become effective.

Your continued use of our Services will be subject to the new terms. 

LEE BLANCHFLOWER TRADING AS BLANC CREATIVE – Terms of Business

1. Interpretation

1.1 LEE BLANCHFLOWER TRADING AS BLANC CREATIVE (‘the Photographer’) agrees to provide the

Photography / Video Production / Aerial Filming / Podcast Production subject to the following Terms of

Business (‘the Terms’).

1.2 These Terms come into force on the date that the Assignment Confirmation is either signed or agreed

in writing by the Customer and will continue in force until cleared payment has been received from the

Customer at which time it will terminate, unless cancelled by the Photographer in accordance with

clause 9. Clause 10 of these Terms will survive expiry.

1.3 These Terms, together with the Assignment Confirmation constitute the entire agreement between the

parties and shall prevail any other terms or conditions contained within any other document or

communication between the Photographer and the Customer.

1.4 These Terms apply to the exclusion of any other terms that the Customer seeks to impose or

incorporate, or which are implied by trade, custom, practice, or course of dealing. Any variation,

including the introduction of any additional terms and conditions, to these Terms, shall only be binding

when agreed in writing and signed by the Photographer.

2. Definitions

In these Terms, the following definitions apply:

Assignment: means the contract between the Photographer and the Customer

for the provision of Photography / Video Production / Aerial Filming

/ Podcast Production to be delivered in accordance with these

Terms and the Assignment Confirmation.

Assignment Confirmation: means

*The document issued by the Photographer to the Customer and

signed by or on behalf of the parties detailing the Photography /

Video Production / Aerial Filming / Podcast Production and other

matters concerning the Assignment.

*A written agreement as to the nature of the required assignment

confirmed in writing via email

*A written Quotation documenting the assignment and agreed in

writing or ‘accepted’ electronically by ‘the customer’ or a

representative authorised to act on behalf of ‘the customer.’

Assignment Date: Charges: means the date(s) on which the Photographer attends to take

Photographs for Customer.

means the charges payable by the Customer for the supply of the

Photography / Video Production / Aerial Filming / Podcast

13. 3.1 3.2 3.3 3.4.1.1 3.5 Commencement Date: Customer: Intellectual Property Rights: Photographs: Production in accordance with clause 5 and as set out in the

Assignment Confirmation.

means the date on which the Assignment Confirmation is signed by

the Photographer.

means the person or business for which the Photography / Video

Production / Aerial Filming / Podcast Production are provided by the

Photographer.

all copyright and related rights, trademarks, service marks, trade,

business and domain names, rights in trade dress or get-up, rights

in goodwill, unfair competition rights, rights in designs, rights in

computer software, database right, photography rights, moral

rights, rights in confidential information and any other intellectual

property rights, in each case whether registered or unregistered,

and all similar or equivalent rights or forms of protection in any part

of the world;

means the photographic images detailed in the Assignment

Confirmation, which may include printed photographs, digital/disk

images, and negatives.

Photography / Video Production / Aerial Filming / Podcast Production: The Photography / Video

Production / Aerial Filming / Podcast Production supplied or to be

supplied by the Photographer to the Customer as detailed in the

Assignment Confirmation which include the taking of Photographs

on the Assignment Date and delivery of them to the Customer.

Photography / Video Production / Aerial Filming / Podcast Production

The Photographer agrees to provide the Photography / Video Production / Aerial Filming / Podcast

Production as detailed in the Assignment Confirmation or written quotes.

The Photography / Video Production / Aerial Filming / Podcast Production will comply with their

description set out in the Assignment Confirmation and the Photographer warrants to the Customer

that the Photography / Video Production / Aerial Filming / Podcast Production will be provided using

reasonable care and skill.

The Photographer shall use all reasonable endeavours to deliver the Photography / Video Production /

Aerial Filming / Podcast Production on the agreed dates. Delivery of the Photographs will not be of the

essence and failure to meet the time agreed will not be a breach of these Terms.

Any advertising issued by the Photographer, and any descriptions or illustrations contained in the

Photographer’s brochures or on any of its websites, (‘the Website’), are issued or published for the sole

purpose of advertising the Photography / Video Production / Aerial Filming / Podcast Production and

shall not form part of the Agreement or have any contractual force.

The Photographer shall have the right to make any changes to the Photography / Video Production /

Aerial Filming / Podcast Production which are necessary to comply with any applicable law or safety

2requirement, or which do not materially affect the nature or quality of the Photography / Video

Production / Aerial Filming / Podcast Production.

3.6 The Photographer may at any time assign, transfer, charge, subcontract, or deal in any other manner

with all or any of its rights under these Terms. The Photographer may subcontract or delegate in any

manner any or all its obligations to any third party or agent.

4. Customer Obligations:

4.1 The Customer agrees to cooperate with the Photographer and to promptly provide the Photographer

with any information, documentation, licences or permits on request to enable the Photographer to

deliver the Photography / Video Production / Aerial Filming / Podcast Production in accordance with

these Terms and the Assignment Confirmation.

4.2 The Customer will be responsible for obtaining all licenses and consents required for the performance

of the Photography / Video Production / Aerial Filming / Podcast Production and will promptly provide

to the Photographer copies of the same upon request.

4.3 The Customer herby indemnifies the Photographer against all sums due to any loss, damage, claims,

obligations, liabilities, expenses, and costs arising because of a breach by the Customer of any of these

Terms (including legal fees).

5. Charges

5.1 5.2 The Charges for the Photography / Video Production / Aerial Filming / Podcast Production shall be

detailed in the Assignment Confirmation.

Such Charges as set out in the Confirmation are fixed for 60 days following the Assignment Date.

Following expiry of 60 days, the Photographer reserves the right to increase the Charges.

6. Additional Expenses

6.1 If the Photographer is required to travel more than a total overall distance detailed in the assignment

quote in order provide the Photography / Video Production / Aerial Filming / Podcast Production on any

Assignment Date, it shall be entitled to receive the following additional expenses from the Customer:

a) £10.00+ VAT for each hour travelled charged at a minimum of 1 hour.

b) £0.50+VAT for each additional mile travelled

c) Mileage and travel time will be agreed with ‘the customer’ prior to assignment commencement.

7. Payment

7.1 7.2 The Customer shall pay the Photographer on the terms as set out in the Assignment Confirmation.

All payments must be made in pounds sterling. Any upgrades to licensing requests or changes to

intellectual copyright requested after the Assignment Confirmation has been signed shall be invoiced

as per payment terms as documented in the assignment confirmation.

8. Payment Default

38.1 8. 2 8.3 In the event that the Customer does not make payment by the due date in accordance with the

Assignment Confirmation or these Terms, the Photographer reserves the right to.

a) suspend delivery of the Photography / Video Production / Aerial Filming / Podcast Production.

b) withhold Photographs; and

c) charge an administration fee of 7%+VAT after failure to comply with the agreed Payment Terms for

the assignment undertaken. Late payment charges will commence upon any invoice overdue for a

period of 14 days of the invoice payment date and will reoccur until such time that the invoice is settled

in full.

In the event that a payment is outstanding for 30 days or more over the agreed payment terms, the

Photographer, without limiting any of its rights or remedies, reserves the right to destroy the

Photographs. All other rights of the Photographer are reserved.

All amounts payable by the Customer are exclusive of amounts in respect of value added tax chargeable

for the time being (VAT). Where any taxable supply for VAT purposes is made under these Terms by the

Photographer to the Customer, the Customer shall, on receipt of a valid invoice from the Photographer,

pay to the Photographer such additional amounts and are chargeable on the supply of the Photography

/ Video Production / Aerial Filming / Podcast Production at the same time as payment is due for the

supply of the Photography / Video Production / Aerial Filming / Podcast Production.

LEE BLANCHFLOWER TRADING AS BLANC CREATIVE offer strict 28 Day Payment Terms. Day 1 of terms

coincide with commencement of (‘the assignment’) by (‘the photographer.’) Payment will be made

using BACS or Cash. PayPal payments are accepted, but an additional 5% will be added to the total

assignment cost to cover processing fees. If invoice settlement is made via PayPal without the

knowledge of (‘the photographer’), a separate invoice will be forwarded to value of 5% of the total

assignment cost.

8.4 The Customer shall pay all amounts due in full without any deduction or withholding except as required

by law and the Customer shall not be entitled to assert any credit, set-off or counterclaim against the

Photographer to justify withholding payment of any such amount in whole or in part. The Photographer

may, without limiting its other rights or remedies, set off any amount owing to it by the Customer

against any amount payable by the Photographer to the Customer.

8.5 In the event that the Customer fails to pay by the due date in breach of these Terms and the

Photographer exercises its rights under clause 8.1(a) of these Terms, the Customer will pay to the

Photographer, by way of damages and being a genuine pre-estimate of loss suffered, 25% of all sums

due under the Assignment (‘Liquidated Damages’), payable on demand as a debt together with interest

from the due date, accruing at a rate of 7% per month until payment is made.

9. Cancellation

9.1 The Photographer may cancel the Assignment by giving at least 1 week of notice in writing. If the

Photographer exercises its right under this clause, it will refund all monies received from the Customer

in relation to the agreed assignment.

9.2 In the event that the Customer fails to notify the photographer within 1 week of the assignment, the

customer will pay the Photographer, by way of a pre-estimated of loss suffered, 25% of all sums due

4under the Assignment unless, the assignment is re-booked for a mutually convenient date that falls

within one month of the original assignment date. For any cancellations made within 48 hours of the

assignment, the customer will pay the Photographer, by way of a pre-estimated of loss suffered, 50%

of all sums due under the Assignment. For any cancellations made within 24 hours of the assignment,

the customer will pay the Photographer, by way of a pre-estimated of loss suffered, 100% of all sums

due under the Assignment.

10. Intellectual Property Rights

10.1 All Intellectual Property Rights in or arising out of or in connection with the Photography / Video

Production / Aerial Filming / Podcast Production shall be owned by LEE BLANCHFLOWER, (‘the

Photographer.’) (‘The Photographer’) shall be entitled to use the Photographs in any promotional

advertisements (including on the Website) for the purpose of advertising the Photography / Video

Production / Aerial Filming / Podcast Production unless specifically agreed in writing with the customer

prior to the assignment being undertaken.

10.2 The Customer acknowledges that it does not own the copyright in the Photographs and accepts that its

rights are limited to possessing, holding and using the Photographs as stated in the Assignment

Confirmation

10.3 The Customer warrants that it will not scan, copy, duplicate, distribute or otherwise reproduce the

Photographs.

10.4 The Customer warrants that it will do the following:

(i) not use the Images for any purpose outside of the agreed assignment confirmation without the

express written consent of (‘the photographer.’)

(ii) not allow any resale of the Photographs or allow any third-party use without the express written

permission of (‘the Photographer.’)

(iii) indemnify (‘the Photographer’) against any claims, losses or damages incurred because of or in

connection with any breach of this clause 10.

10.6 The Photographer accepts no liability for any loss, damage, costs, or expenses arising from unauthorised

use of the Photographs.

10.7 This clause shall survive any agreement between the parties.

11. Limitation of Liability

11.1 If the Photographer’s performance of any of its obligations under these Terms is prevented or delayed

by any equipment failure or loss of equipment/compact flash cards/digital files or media, it will not be

a breach of these Terms.

11.2 If the Photographer’s performance of any of its obligations under these Terms is prevented or delayed

by any act or omission by the Customer or failure by the Customer to perform any relevant obligation

(Customer Default):

5(a) (b) (c) the Photographer shall without limiting its other rights or remedies have the right to suspend

performance of the Photography / Video Production / Aerial Filming / Podcast Production

until the Customer remedies the Customer Default, and to rely on the Customer Default to

relieve it from the performance of any of its obligations to the extent the Customer Default

prevents or delays the Photographer’s performance of any of its obligations.

in accordance with clause 11.4 the Photographer shall not be liable for any costs or losses

sustained or incurred by the Customer arising directly or indirectly from the Photographer’s

failure or delay to perform any of its obligations as set out in clause 3 of these Terms; and

the Customer shall reimburse the Photographer on written demand for any costs or losses

sustained or incurred by the Photographer arising directly or indirectly from the Customer

Default.

11.3 Nothing in these Conditions shall limit or exclude the Photographer’s liability for:

(a) (b) (c) death or personal injury caused by its negligence, or the negligence of its employees, agents,

or subcontractors.

fraud or fraudulent misrepresentation; or

breach of the terms implied by section 2 of the Supply of Goods and Services Act 1982.

11.4 Subject to clause 11.3 above:

(a) (b) the Photographer shall under no circumstances whatever be liable to the Customer, whether

in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of

profit, or any indirect or consequential loss arising under or in connection with these Terms;

and

the Photographer’s total liability to the Customer in respect of all other losses arising under

or in connection with the Agreement, whether in contract, tort (including negligence), breach

of statutory duty, or otherwise, shall in no circumstances exceed the total payment in respect

of that Assignment due by the Customer.

11.5 Except as set out in these Conditions, all warranties, conditions, and other terms implied by statute or

common law are, to the fullest extent permitted by law, excluded from the Agreement.

12. General

12.1 Force majeure:

(a) (b) For the purposes of this Agreement, Force Majeure Event means an event beyond the

reasonable control of the Photographer including but not limited to strikes, lock-outs or other

industrial disputes (whether involving the workforce of the Photographer or any other party),

failure of a utility service or transport network, act of God, war, riot, civil commotion,

malicious damage, compliance with any law or governmental order, rule, regulation or

direction, accident, breakdown of plant or machinery, fire, flood, storm or default of

Photographer’s or subcontractors.

The Photographer shall not be liable to the Customer because of any delay or failure to

perform its obligations under this Agreement because of a Force Majeure Event.

6(c) If the Force Majeure Event prevents the Photographer from providing any of the Photography

/ Video Production / Aerial Filming / Podcast Production for more than 4 (four) weeks, the

Photographer shall, without limiting its other rights or remedies, have the right to terminate

the Assignment immediately by giving written notice to the Customer.

12.2 Waiver:

(a) (b) A waiver of any right under the Agreement is only effective if it is in writing and shall not be

deemed to be a waiver of any subsequent breach or default. No failure or delay by a party in

exercising any right or remedy under the Agreement or by law shall constitute a waiver of

that or any other right or remedy, nor preclude or restrict its further exercise. No single or

partial exercise of such right or remedy shall preclude or restrict the further exercise of that

or any other right or remedy.

Unless specifically provided otherwise, rights arising under the Agreement are cumulative

and do not exclude rights provided by law.

12.3 Severance:

(a) (b) If a court or any other competent authority finds that any provision of the Agreement (or part

of any provision) is invalid, illegal, or unenforceable, that provision or part-provision shall, to

the extent required, be deemed deleted, and the validity and enforceability of the other

provisions of the Agreement shall not be affected.

If any invalid, unenforceable or illegal provision of the Agreement would be valid,

enforceable, and legal if some part of it were deleted, the provision shall apply with the

minimum modification necessary to make it legal, valid and enforceable.

12.4 A person who is not a party to the Assignment shall not have any rights under or in connection with it.

12.5 This Agreement, and any dispute or claim arising out of or in connection with it or its subject matter or

formation (including non-contractual disputes or claims), shall be governed by, and construed in

accordance with the laws of England and Wales and the courts of England and Wales shall have exclusive

jurisdiction in connection with the Agreement.