London Estate Photography Terms and Conditions

Terms and Conditions | Use of Images
Revised/Updated: 15 September 2024

The following Terms and Conditions apply to your use of this website and any photographs produced for Internet or print use. The following Terms and Conditions constitute a legal agreement between you and Frank Biganski, sole trader and photographer with londonestatephotography.co.uk (collectively known as “London Estate Photography”, “Frank Biganski”, “Frank”, “photographer”, “the photographer”, “his”, “we”, ‘I”, “us”). Your booking of a photographic appointment with London Estate Photography constitutes your acceptance of these Terms. Please read these Terms and Conditions carefully before you share and distribute photographs contracted through London Estate Photography. If you do not agree to be bound by these Terms and Conditions, we thank you for visiting but please exit this website.

Photography Appointment
Properties must be ready to photograph upon the photographer’s arrival. The photographer has several appointments scheduled throughout the day so adhering to your allotted time is required to prevent additional charges to customer. If the photographer exceeds his allotted time by just 5 minutes, the customer will be invoiced £25 per 30 minutes. If you are not the last appointment of the day and the photographer determines that your property is not ready, the photographer may reschedule your appointment.

It is common and acceptable for the property owner to move items from one room to another during the photo session (i.e.: boxed items, highchairs, children’s toys). The photographer can easily accommodate this and it is a common occurrence in London. So please plan accordingly so we provide you with the best and the most uniform images possible.

Photographing exterior front and garden photos are weather dependant. If it’s drizzling or raining, exterior images cannot be taken and garden shots will only be taken from a rear window or door. Or, customers can email Frank 3-4 images that you’ve taken with your mobile on a sunnier day and Frank will edit the images to proper size at no additional charge. Bin removal is also weather dependant. The photographer will only move empty or mostly empty bins. Full bins will not be moved or must be moved by the home owner. Sometimes we are able to digitally remove bins at our discretion at no additional charge.

The photographing of amenities such as fitness centre, pool, rooftop garden, community centre, etc, are not included with photography packages. If you require photos of amenities, a minimum charge of £25 for up to 30-minutes additional time will apply. If you need amenities photographed, please tick the box during checkout.

Payment
Payment can be made at time of scheduling appointment but is due upon delivery of images. Customer can preview images before paying and downloading images however, notwithstanding, payment is still due for services rendered within 10 days of appointment. At the sole discretion of London Estate Photography, established customers who have not been repeatedly late with payments can pay within 10 days of appointment. If payment is not received within 60 days of appointment, a Court Claim will be filed with the Home Office and an additional £100 will be assessed to cover court costs. All major forms of debit and credit cards are accepted. London Estate Photography does not meet HM Revenue & Customs annual income threshold so VAT is not collected nor is it required to be paid.

Use of Images/Photographs
Photographs are intended for the life of estate agency, estate agent, property owner, or property owner’s estate, for property listing only. This includes the re-listing of same property. You may not use or reproduce a photograph in such a manner as to suggest an affiliation with, or endorsement by any product, person, or entity, that is not affiliated with you. Estate agencies are permitted to overlay their company logo onto property images but otherwise, you agree not to modify, alter, or manipulate any picture, including without limitation, adding other material to a photograph, without the prior written consent of London Estate Photography.

Use of images provided by London Estate Photography is restricted solely for the purposes of publishing photographs in Listing Database Services such as Zoopla Property Group (ZPG/zoopla.co.uk), Rightmove Data Services (rightmove.co.uk), PrimeLocation.com, DataExport.co.uk, PropertyData.co.uk, and similar property data feeds and magazine print ads relating to the listing only.

Estate agency, estate agent, or property owner may use the photos for the life of the listing, or any subsequent re-listing by the same estate agency, estate agent or property owner.

Estate agency, estate agent, or property owner may use photos from the appointment for their own marketing purposes such as flyers, print ads, “Just Listed” or “Just Sold” postcard marketing.
Estate agency, estate agent, or property owner may use the photos on their website for listing purposes and online marketing.
Estate agency, estate agent, or property owner is allowed to share the photographs with their client however, client is not allowed to mass distribute on their private social media accounts or make additional copies of photographs unless the London Estate Photography logo is attached onto the face of each image.
Estate agency, estate agent, or property owner may not re-sell images to other estate agencies, estate agents, or any other party or entity.
Estate agency, estate agent, or property owner may not copyright the photos under their business or personal name(s).
Estate agency, estate agent, or property owner may use the photos for self-promotion on their own Internet or business website or print advertising.
Estate agency, estate agent, or property owner may not distribute the photos to home staging companies, Interior designers, or builders, without the express written consent of photographer Frank Biganski and London Estate Photography. When such distribution occurs, photo credit to “LondonEstatePhotography.co.uk” must be provided.
All images are electronically protected using Digimarc Guardian digital watermarking services. Re-distribution of images outside of these terms is strictly enforced.

Copyright
The content of this website, including without limitation, graphics, photographic images, and overall design of this website, and all content, are owned by London Estate Photography and are protected by UK Copyright Law. Reproduction, storage, or transmittal, of any image on this website, whether whole or in part, is prohibited without express prior written permission of London Estate Photography.

London Estate Photography Use of Images
London Estate Photography and photographer Frank J. Biganski retains the rights to use all images for self-promotion on this website and other promotional materials such as postcard mailings. The property addresses and locations of properties photographed will never be publicised.

Image Quality & Post Production
All of our property images are post-produced and edited using Photoshop Lightroom and Photoshop to ensure vertical and horizontal lines are straight. Essentially, we provide custom images for every property that’s photographed to ensure clients receive the highest quality imagery possible. All images are taken at 2400 x 1602 pixels at 150 dpi which is perfectly suitable for both property data feeds, printed marketing material, and desktop monitor displays up to 27-inches wide. Colour refraction and other anomalies with lighting will occur in images. That is, most light bulbs produce an amber colour (temperature, kelvin degrees) which is edited to reduce the intensity yet still provide “natural” manmade lighting. Images are always first edited to the “white” objects in the room such as baseboards or ceilings. Customers will be asked whether they prefer lights on or lights off during a photoshoot.

Delivery of Images
Images are digitally delivered before 9:00 AM the following day of the photoshoot, including weekends and holidays. Image download links will remain active for up to six (6) months after date of shoot, with some images and links remaining active “for the life of the photographer”. After six months from date of photo appointment, and at the sole discretion of London Estate Photography and photographer Frank Biganski, images may be deleted and purged from our online Cloud storage system without notice to client.

Therefore, it is strongly advised that clients download and save their images to their own electronic device as soon as the images are delivered and received. London Estate Photography is not liable for images lost or accidentally deleted by client after six (6) months from original date of photography appointment.

Disclaimers
Listing photographs are provided “as is” and all implied warranties are hereby disclaimed including without limitation, the warranties of title, infringement, merchantability, and fitness for a particular purpose. Whilst London Estate Photography uses reasonable efforts to ensure compliance with applicable laws relating to rights of privacy or publicity, London Estate Photography and any other affiliates make no representations or warranties as to the accuracy, correctness or reliability of the photographs.

London Estate Photography cannot ensure that persons depicted in a casual photographs, portraiture, or artworks displayed on the interior walls of a property, including immediate or extended family members, have consented to the display of their personal imagery. If your personal imagery or artworks appear on this website without your consent and you wish to have it removed, please contact the photographer Frank Biganski.

London Estate Photography has no control over the distribution of images that have propagated into the Listing Database System on websites such as Rightmove, Zoopla, Foxtons, Winkworth, Dexters, Savills, and other similar property websites. If you discover that your personal family images or artworks are being displayed on such websites, you must contact those institutions and/or listing estate agents, agencies, or property owners directly to have the image(s) in question removed from those website(s). London Estate Photography and photographer Frank Biganski has no control over the content that is electronically distributed into any Listing Property Data feeds, and London Estate Photography and Frank Biganski is not liable for property image content found outside the confounds and control of London Estate Photography, photographer Frank Biganski, and this website.

Online Security
londonestatephotography.co.uk employs the use of Secure Socket Layering (SSL) which is indicated by the “https” that proceeds our URL/domain name. SSL is an encrypted link helping to ensure that your online purchase is safe and secure. However, no website is 100% infallible to cyber attacks and therefore, London Estate Photography cannot unequivocally guarantee your safe and secure use of this website. However, London Estate Photography has taken every measure electronically possible to ensure your personal and financial information remains as safe and secure as possible. Please visit https://www.globalsign.com/en/ssl-information-center/what-is-ssl/ for additional information about Secure Socket Layering.

London Estate Photography is unable to make representations or warranties as to the functionality of this website, whether it is free of errors and whether the server hosting the website Cloudways.com is free of viruses and other harmful material. Accordingly, you acknowledge that your use of this web site is at your own risk and in no event shall the website, London Estate Photography, or company’s owners, its employees, subsidiaries, affiliates and representatives, be responsible or held liable for any damages of any kind including, but not limited to, lost business or profits, loss of data, use, misuse, direct, indirect, incidental, consequential, compensatory, exemplary, special or punitive damages however caused, whether for breach of contract, negligence, or otherwise, whether or not the site or the company has been advised of the possibility of any such damages.

You agree that London Estate Photography, the website, and the company’s parties maximum liability arising from any photograph or product sold or purchased shall not exceed the purchase price of such photograph or product. For the use of any unauthorized photograph or product, you, the customer or user, will be held responsible for the use and claims against that use.

Indemnification and Termination Policy
In the event that you reproduce, display, transmit, distribute or otherwise exploit the photographs, or any portion thereof, in any manner not authorised by London Estate Photography, or if you otherwise infringe any intellectual property rights relating to the photographs or this web site, you agree to indemnify and hold London Estate Photography, Frank Biganski, his subsidiaries, affiliates, licensors, photographers, and representatives, harmless against any losses, expenses, costs or damages, including reasonable attorneys’ fees, incurred by them as a result of unauthorized use of the photographs and/or your breach of this terms of this agreement.

Cookie Policy
London Estate Photography employs the use of cookies to make the users’ online experience quicker and more fluid, and London Estate Photography strictly abides by the laws as set forth by the United Kingdom: https://www.legislation.gov.uk/cookiepolicy.

Electronic Payment, Security and Cookies
London Estate Photography uses the electronic payment gateway services of Stripe to securely process electronic payments. London Estate Photography has no control over how Stripe utilises and implements its use of cookies. Stripe allows clients the option of either storing, or not storing, a clients’ credit or debit card information. If a client plans to continue using the services of London Estate Photography multiple times in the future, cookies allow the client to pay quicker and check-out faster however, it is not necessary to store your credit card information with Stripe. For additional information on how Stripe utilises cookies, please visit Stripe’s policies here: https://stripe.com/cookies-policy/legal.

Other Terms
This agreement shall be governed by the laws of the United Kingdom without giving effect to any principles of conflicts of law. London Estate Photography reserves the right to make changes to this website, this agreement, and the other information contained in this web site at any time and without notice. Please refer to these terms of use when you visit this website as they may occasionally change. These Terms-of-Use constitute the entire agreement between you the client and London Estate Photography with respect to the use of this website and the services provided. London Estate Photography’s failure to enforce any right or provision in these Terms-of-Use shall not constitute a waiver of such right or provision, or of any other rights or provisions in these Terms-of-Use. If a court should find that one or more rights or provisions set forth in these Terms-of-Use are invalid, you agree that the remainder of the Terms-of-Use shall be enforceable and that the invalid provision shall be enforceable to the fullest extent permitted by law.