Introduction
These Terms and Conditions apply to the entire contents of the Website and contain important information explaining your rights to access and use the Website and services provided by Topline Photography.
The Website is operated by Topline Photography, a trading name of Equicomm Limited a company incorporated in Scotland [Company Registration No.: SC781158] and is VAT registered [VAT No. 448 6059 55] (photographer, we, or us).
All prices listed on the website include VAT at the current UK rate of 20% and is detailed on all invoices supplied.
Copyright
The Copyright, Designs and Patents Act 1988 assigns the Copyright to the Photographer.
All photographs purchased do not transfer the Copyright to the client, Topline Photography remain the Copyright holder of all photographs unless explicitly granted by Topline Photography, in which case transfer of the Copyright will be undertaken upon receipt of payment.
Images purchased for Personal Use can be used by the client for uploading to social media, personal websites, advertisements for sale of the horse/pony (including within magazines or 3rd Party websites).
Should a photograph be used in a publication of a magazine article, newsletter, commercial advertisement the Commercial Use image is required to be purchased. We also ask if the image is published in a magazine or newsletter, Topline Photography are credited within the article.
Printed images should not be scanned or copied. We offer a discount for a social media quality downloadable JPG at a reduced rate during purchase of any print.
The client should not alter or manipulate a photograph either fully or in part by means of software or reproduce a picture in whole or in pare without prior written permission from Topline Photography.
Any Copyright Infringement, for example persons found to have taken screenshots of photos from our website shall be contacted and invoiced for damages.
Image Quality
Given the varied nature of equestrian events, the conditions where photographs are taken vary with regards to available light and space.
Topline Photography have invested heavily in the camera and lenses used to undertake photography. The camera bodies used are the latest professional Canon EOS R3 and EOS R6 Mk2 bodies coupled with lenses from Canon’s professional ‘L’ range from 16mm to 300mm with a fast aperture of at least f/2.8. This allows us to capture photos in various challenging scenarios and weather conditions.
In-door arenas and forestry environments prove the most challenging due to variable lighting conditions available; therefore, the cameras must operate at a higher ISO to capture action.
As a result, there is a potential for grain/noise to be present on these images. Post-processing is undertaken on the photographs taken in these environments to reduce the noise to a level which maintains detail of the subject and gives a cleaner output – however, some noise may still be visible which in certain cases is unavoidable.
All photographs will be made to look natural with regards to colour and skin tones.
Should you require a specific edit to the photograph (for example, removing distractions from the photo, cropping or converting the image to black and white); we offer a post-processing option on the website where you can let us know what you require, and we can take care of this for you. Upon placing the order, you can download the original photo immediately, and we will e-mail you the processed photo with the processing carried out as requested as soon as possible – generally within a few days.
Artistic Interpretation
The Photographer shall be granted artistic license in relation to the editing style of photographs, including but not limited to poses and locations chosen on-site.
Any retouching of images is at the photographer’s discretion.
Display of Photography
Topline Photography may use the photographs taken during a shoot as part of a portfolio or for any other advertising purpose solely on behalf of Topline Photography, unless it has been specifically requested by the client that the session is to be treated as private.
Packaging of Prints
All prints will be dispatched in suitable packaging to ensure they are not damaged during the mailing service.
Postage Policy
All prints or mailed orders will be dispatched by Royal Mail Recorded delivery or a courier service which are tracked and signed for to reduce any risk of the orders being lost.
We will let contact you to let you know when the order has been dispatched and provide a tracking number.
If you do not receive the item or there are issues with the tracking, please let us know and we can escalate the issue with the service provider used.
Delivery Policy
All photos purchased for personal and commercial use as downloads will be available immediately upon purchase. If you have selected that you wish for the photograph to be edited or have opted to have a collage made of multiple photos; please allow up to 7 days, although we endeavor to turn this around as quickly as possible for you.
If the envelope / box containing the prints appears to have been damaged in transit, when signing for the item we ask that you request the delivery personnel to note this and additionally take photographs of the packaging prior to opening which we can use to launch a claim with the postal service.
We will send a replacement print upon receiving the damaged version.
Online Payment
All orders processed online are handled by Stripe (https://stripe.com/gb) and PayPal (https://paypal.com/uk) which offers an encrypted and secure payment system designed for online orders. No client information (e.g. card details) entered during the checkout process are stored or visible to Topline Photography and are processed directly either via Stripe or PayPal.
The Topline Photography website (https://www.toplinephotograpy.co.uk) is also a secure and RSA encrypted site with the security certificate available to view within your browser.
If you would prefer to purchase the images via Bank Transfer instead, please contact us via e-mail (martin@toplinephotography.co.uk), let us know what images you wish to purchase and we will issue an invoice with the total amount along with bank details for the transfer.
Client Confidentiality
Topline Photography will only hold records on an encrypted database on our own managed secure server for the purposes of having your name, address and e-mail for contacting you or dispatching prints. All information is held in accordance with the GDPR.
Under no circumstances will any client details be passed onto any third parties without your prior written consent.
If you have any queries or wish for your account and any associated information to be removed; please e-mail: martin@toplinephotography.co.uk
Hosting and Storage of Photographs
All photographs taken on-site are recorded to two memory cards within the cameras to provide redundancy on the field should a card fail or become corrupted. This does not entirely remove the risk; and therefore, under uncontrolled circumstances Topline Photography cannot be held responsible for corruption of loss of any image.
Within the office, all photographs are stored on two back-up media (online and physical) to ensure the images remain safe.
The website is also hosted on a secure encrypted server with a backup being undertaken to Amazon via AWS.
Photographs are hosted on-line for a minimum of three months, after which time these may be removed from the online gallery. The photographs will be stored and archived in accordance with our backup procedure for a minimum of two years.
Returns of Downloadable Photos
We do not issue refunds or allow returns for downloadable photographs. This is solely due to the use of the image being out with our control when downloaded. Please ensure you carefully select the photograph prior to purchase to ensure the correct image is purchased.
Returns of Prints
All prints are undertaken by a professional lab to ensure the highest quality is produced. Generally, we receive the printed photographs to inspect and ensure they meet our quality requirements prior to posting to clients. However, some larger prints (canvas, acrylics, metal etc.) may be sent to you directly from the lab without inspection by us If you have any issues with the prints received in this case, please let us know and we will be able to assist and correct any issues.
Company Insurance
Topline Photography are fully insured for all photography work undertaken by Hiscox Insurance Company Ltd.
Public and Products Liability Insurance is covered up to £5,000,000.
Professional Indemnity Insurance is covered up to £250,000
Copies of the certificates are always available for viewing on-site or upon request.
Changes to Terms of Use
We may make changes to these Terms and Conditions at any time without notice by updating this page. You agree to review this section of the Website periodically to determine whether the Terms and Conditions have been changed. Your access to or use of the Website (or any part of it) at any time shall constitute your agreement to the latest published version of the Terms and Conditions. If you do not agree to these Terms and Conditions, you must stop using the Website.