Terms and Conditions

LIABILITY

1. Fotomargo Ltd will take all reasonable care in the handling and processing of all materials belonging to the Client.
2. The liability of Fotomargo Ltd for loss of or damage to the Client's materials, however caused, shall be limited to a maximum of £50 (Inclusive of VAT) per order. Fotomargo Ltd shall not be liable for any consequential losses, special damages or other indirect losses, howsoever arising.
3. It shall be the responsibility of the Client to ensure adequate and appropriate insurance cover in the event of the value of materials in any one order exceeding £50. It shall also be the responsibility of the Client to insure any goods or original materials deposited with Fotomargo Ltd for the purposes of the order or in transit to or from Fotomargo Ltd.
4. Unless otherwise specifically agreed by Fotomargo Ltd in writing, any date or time specified for the completion of an order, client or to any third party resulting from any reasonable delay in completing the order.

Accuracy of Size and Colour Matching

1. All sizes quoted are nominal. Fotomargo Ltd shall accept no liability for such minor variations in size.
2. The Client accepts that colour matching is subjective, and that totally accurate colour matching to 100% fidelity is rarely possible. However, Fotomargo Ltd will endeavor to achieve the closest possible colour match within the limitations of materials and processes used. Where accurate colour matching is essential, the client shall provide sample materials for use by Fotomargo Ltd as colour matching guides.

Indemnity

1. The Client shall indemnify Fotomargo Ltd against all third party actions, costs, damages, losses and other claims of whatever nature arising out of the execution of the order in accordance with the Client's instructions.

COPYRIGHT

1. It shall be the responsibility of the Client to ensure that all materials presented for processing, printing, copying, duplicating or any other process of reproduction are free from any third party claims for breach of copyright or licence.
2. By placing an order with Fotomargo Ltd, the client certifies and warrants that: (i) no copyright exists in the material(s); or (ii) that he is the owner of the copyright in the material(s) and that any reproduction by Fotomargo Ltd will not infringe the rights of any existing licensee; or (iii) that he has valid authority of the copyright owner (or of an existing licensee of the copyright owner) to authorise the reproduction of the material(s) as required by the order.
3. The Client acknowledges that breach of copyright in the course of trade or business is both a civil wrong and a criminal offence under the terms of the Copyright, Designs and Patents Act 1988

Original Photography Created by Fotomargo Ltd

1. Where the terms of the order require Fotomargo Ltd to create original photography, the copyright in such photography shall be the property of Fotomargo Ltd  in accordance with the Copyright, Designs and Patents Act 1988. Fotomargo Ltd  shall grant to the Client, at no additional charge, a licence to reproduce the photography in any non-photographic form, in any quantity, and in any part of the world, for a period of three years from the date of the invoice. Any photographic reproduction shall be carried out only by Fotomargo Ltd . Any extension to the licence beyond the three year period shall be subject to negotiation and further agreement between the Client and Fotomargo Ltd.
2. All materials on which original photographic images are created by Fotomargo Ltd  shall remain the property of Fotomargo Ltd, and Fotomargo Ltd undertakes to file and store all such original materials safely and to make them available for future reproduction. Where Fotomargo Ltd gives possession of original transparencies to the Client, such original transparencies shall nevertheless remain the property of Fotomargo Ltd, and shall be given to the Client on free loan for the duration of the copyright licence. Photographic prints (whether from negatives or transparencies) will become and remain the property of the Client. However, the Client acknowledges that ownership of any physical materials such as prints and transparencies does not imply ownership of the copyright in the images on them (which remains the property of Fotomargo Ltd in accordance with all the above) or any right to reproduce or authorise the reproduction of any such images by any photographic means.