Terms & Conditions | Daniel Howard Newton

Terms and Conditions for use of the Site.
Please ensure that you read carefully through the following terms and conditions before using this site.

1 Application and Termination
1.1 By accessing this Site you agree to be bound by these terms and conditions and all other applicable laws. If you do not agree to be bound by these terms and conditions then please do not use this Site.
1.2 These terms and conditions, apply to you upon your accessing this Site.

2 Copyright
2.1 You agree that all copyright, trademarks and other intellectual property rights in the material or content of this Site shall remain at all times vested in DANIEL HOWARD NEWTON / Newton Brothers Ltd or its licensors.

2.2 You agree that the content of this Site is made available for you in your personal capacity and for your personal use only, and not for any commercial use. You agree that you may only download the content of this Site onto one computer hard drive, but not for commercial use, and that any other use of the content of the Site is strictly prohibited.

2.3 You agree that you will neither solely or jointly with or on behalf of any other third party directly or indirectly copy, reproduce, transmit, distribute, publish, display, commercially exploit or create derivative works of the content of this Site.

2.4 You agree that you will not change in any way any proprietary notices from material down loaded from this Site by you for your non commercial personal use.

3 Law and Jurisdiction
These terms and conditions shall be governed by and construed in all respects in accordance with English law and the parties irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction in respect of any dispute, suit, action, arbitration or proceedings which may arise out of or in connection with these terms and conditions provided that the DANIEL HOWARD NEWTON / Newton Brothers Ltd has the right at it¹s sole discretion to commence and pursue proceedings in any other jurisdiction or jurisdictions whether concurrently or not.

Production

All amounts in any Estimate shall be exclusive of VAT and/or local taxes & rush charges. The Estimate covers only the items of work or services stated therein.

On confirmation of your booking we will require from you a signed purchase order covering the budget with an acceptance by you of our standard terms and conditions of work.

An advance invoice of 50% of the Estimate will be issued and must be paid in full before commencement of the shoot.

Newton Brothers Limited will not commence work on a production or incur any expenditure until the signed purchase order has been received by us and the 50% advance paid.

The Estimate shall not include re-shoot or bad weather days for which further fees will be payable.

15% Agency fee will be added to all crew that is booked through Newton Brothers Ltd.

We reserve the right to vary any quotation given to you and to cancel any booking prior to commencement of photography.

Once we have received a signed purchase order, you may not cancel or vary it without our prior written consent.

If you are an agency acting on behalf of a client, you accept full responsibility for payment of our invoice, even in the event that your client does not reimburse for the amount of such invoice.

Our terms of payment are strictly 30 days after delivery of invoice unless otherwise agreed (except for advance, which must be paid prior to shoot dates). Interest will be charged at 10% per month on nonpayment of sums due.

Our agreement with you shall be subject to English law and the courts of England and Wales and shall have exclusive jurisdiction on all matters pertaining to the same.

These Terms and Conditions shall not be varied except by mutual agreement in writing with you.

A booking is considered confirmed and binding upon receipt of the signed purchase order and accordingly in the event of a cancellation all fees and all incurred production expenses will be charged at 100%.

In the event of a postponement (including any delay due to weather) of a production you will still be bound by the terms of the signed purchase order and an alternative date will be established and fees payable to cover our additional costs and inconvenience, these fees are at our discretion. However, expenses incurred which will have to be paid out again for the new shoot date must be paid in full prior to the new shoot date.

Where extra expenses or time are incurred by Newton Brothers Limited as a result of alterations to the original brief by you/your client or otherwise at their request, you will be liable to pay such extra expenses and fees on demand. These will be billed as overspend in addition to the sums stated in the Estimate.