Our Terms & Conditions
These terms &any Agreements constitutes the entire agreement between the parties relating to its subject matter & supersedes all previous communications, representations & other arrangements, whether oral or written.
The Client acknowledges that no reliance is placed on any representation made by the Supplier but not embodied in this Agreement.
Definitions & Interpretation
| Term | Description |
|---|---|
| Supplier | Lucky Stars Partnership |
| Agreement | Terms & conditions, the attached letter & any attached Schedules or Appendices |
| Client | The party who is contracting Lucky Stars to perform the Service or the end recipient should this be a different entity |
| Commercial Exploitation | The use of the Products for monetary gain either by an institution or an individual |
| Confidential Information | All information obtained in connection with the discussions leading up to or the performance of the Agreement in whatever format or media obtained (and whether verbal or written) which is marked or notified to the recipient as being confidential, or which in the normal course of business would be considered to be of a confidential nature |
| Duration | The period from the date of the Agreement until its lawful termination in accordance with these terms |
| Fixed Price | The price for the Service set out in the Agreement |
| Hacker | Anyone who specifically and/or maliciously gains access to the Website via the Internet or other external electronic link, solely by circumventing electronically the security systems in place to protect against such access |
| Service | Work to be performed by Lucky Stars as set out in the Agreement &the items, if any, which Lucky Stars shall deliver under the terms of the Agreement |
| Venue | The Premises used during the Service |
| Staff | Appropriately qualified individuals or Representatives provided by Lucky Stars to perform the Service |
Website
This site is operated by Lucky Stars Photography of 54 Top Fair Furlong, Redhouse Park, Milton Keynes, Bucks MK14 5FT.
This is a partnership between Mrs Suzanne Jackman of the above address & Mrs Laura Paris of 3 Squirrel Close, Brackley, NN13 6QQ.
Please read these terms & conditions before using this Site, by using this Site, you, the Client, signify your consent to these terms of use. If you do not agree to these terms of use, please do not use this Site. We reserve the right, at our discretion, to change, modify, add, or remove portions of these terms at any time.
Please check these terms & conditions periodically for changes.
No material from this Website may be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way without express written permission from Lucky Stars, except that you may download one copy of the materials provided you keep intact all copyright & other proprietary notices.
Modification of the materials is a violation of Lucky Stars copyright.
Our website does not store nor capture personal information.
We do not use cookies for collecting user information. We use cookies to improve the site experience. Continued use of our Website shows your acceptance of this & our full Terms & Conditions. Lucky Stars will at all times endeavour to maintain an uninterrupted &error-free service.
However, Lucky Stars make no representations or warranties regarding the services provided by them & do not warrant that use of Lucky Stars services will be uninterrupted or error-free, or that this site or the server that makes such materials available are free of viruses or other harmful components.
Lucky Stars Client Site
This system, which will be accessible to you via our Website, will allow you to see the current status of your service.
Progress categories will be assigned as follows
- Enquiry ‐ An enquiry from the customer has been received but no booking has been taken
- Booked ‐ A booking has been entered into with the relevant details displayed
- Editing ‐ The photography shoot has taken place & the editing is in progress
- Preview ‐ The service has been completed & the finished materials are ready for viewing through this portal
- Paid ‐ The monies have been paid & the Services delivered
Once all payments have cleared the Supplier shall be entitled to disable the Clients Login & remove all data located on it after a period of 28 days.
Under no circumstances is the Supplier, its employees, or suppliers, liable to the Client for loss of profits, goodwill, revenue, production, anticipated savings, loss of contracts, losses consequent upon loss or corruption of data nor the cost of reconstituting data; or any type of indirect or consequential loss, damage, injury or expense; or defects in the Service due to:
- Any act performed by a Hacker either to the Client or the Suppliers systems, directly or in general
- A third parties good faith reliance on a hackers fraudulent use of your encrypted electronic signature, encrypted electronic certificate, email or website
- The failure or interruption of the service provided by an outside cause such as an Internet service provider or any telecommunications or other utility provider
- Any negligence, incompetence or act of sabotage, malicious or inadvertent, apart from by its own employees
- Any failure caused by the Suppliers staff or equipment. Any such fault will be rectified as soon as possible.
Confidentiality
Neither party will disclose any information designated by the other as confidential to any third party (except to employees or sub-contractors on a need to know basis & then only after obtaining an appropriately worded confidentiality undertaking form those persons). No confidential information will be used for any purpose other than in relation to the Services without the other party's prior written consent.
This clause will not extend to information which:
- was already lawfully in the possession of the recipient; or
- is already or becomes public knowledge (other than through a breach of this Agreement)
The obligations in this clause will survive termination of this Agreement.
Staff
The Supplier warrants that the Representative assigned to this Project has the specialist contemporary technological skill & expertise to meet the Project requirements.
The Representative will perform the Services as it thinks fit, using its own equipment where appropriate, & subject only to such legitimate instructions from the Client as enable the Representative to provide the Services.
This agreement is not intended to & does not create or reflect a contact of services between any two parties referred to &there is no implied restraint upon the Staff or the Supplier in providing services, not in conflict with the Clients interests, to any other party, nor does this agreement confer any obligation upon any party to provide or accept further work.
The Supplier is entitled to sub-contract all or part of its obligations with respect to the provision of the Services but sub-contracting will not relieve it from its obligations to the Client.
Venue & Events
Some venues are not easily accessible to Clients with mobility constraints. If you have any physical requirements, please make us aware at time of booking to ensure we can cater for your needs.
Unless otherwise agreed in advance, during any event, the client warrants that the supplier will have the sole right to ply their trade of photographic services.
Warranty & Liability
The Supplier will exercise reasonable skill&care in the provision of the Services.
The Client must notify the Supplier immediately&in any event within 10 working days of performance by the Supplier of any Services which in the Client's opinion are unsatisfactory. The Supplier will rectify to the best of its ability any faulty work as soon as reasonably practicable, at its own expense.
If a fault is reported which on investigation is not the responsibility of the Supplier, the Supplier may charge the Client at its standard hourly rates for the time plus expenses incurred in undertaking the investigation&rectification.
All terms, conditions&warranties implied by law, trade use or otherwise (including but not limited to any warranties as to quality or fitness for purpose) are excluded to the extent permitted by law. The Client, by entering into the Agreement, acknowledges that the only warranties are those given expressly by the Supplier in this Agreement&the Supplier has no liability or obligation to the Client except as expressly set out in this Agreement.
The Client is responsible for the consequences of any use of the Services. The Supplier will have no liability for any indirect or consequential loss, damage, cost or expense of any kind whether arising under contract, tort or otherwise including (but not limited to) loss of production, loss of or corruption to data, loss of profits, loss of operating time or loss of goodwill.
The Suppliers liability to the Client for death or injury resulting from negligence of the Supplier or its employees shall not be limited. The Suppliers liability in respect of any negligence or breach of contract including any damage to or loss of property of the Client is limited to the aggregate of the Service fees paid under this Agreement.
Intellectual Property
The copyright & all other proprietary rights in all software&materials developed under this Agreement in connection with the Services including modifications will remain the property of the Supplier.
The Client hereby grants the Supplier the right to name the Client &to display graphics &other design elements as examples of their work in the Supplier portfolios but not any secured or password protected material or information that is commercially sensitive or would be in contravention of the Data Protection Act.
The Client will have an exclusive licence to use &reproduce at its own expense for its own personal purposes only the images purchased from the Supplier.
The Service materials may be used by other persons authorised by the Client for the same purpose.
Any reproduction of the Service materials for profit or commercial gain is forbidden under these terms unless prior permission is sort from the Supplier. Where the Service material is so used this must be a matter for written agreement between Lucky Stars &the Client for an agreed fee.
The Client shall be responsible for ensuring that no action of the Client constitutes an infringement of any third party intellectual property rights &shall indemnify the Supplier against any third party claims arising from any breach.
The Client is responsible for obtaining all licences, permits &approvals required in connection with the Services, including, but not limited to, the consent of any Venue or authority, religious or otherwise.
Fees & Payment
The Client will pay the Supplier the fees &other charges invoiced by the Supplier from time to time. Fees are quoted exclusive of VAT as the Supplier is not registered. Should this change the Supplier will notify the Client &adjust the amount payable.
All invoices will be due for payment immediately unless otherwise specified.
If the Client fails to make any payment by the due date, the Supplier reserves the right, without prejudice to any other rights or remedies which it may have, to;
- Charge interest on any overdue amount at the rate of 5% p.a. above the base rate of the Bank of England from time to time in force from the due date until payment is received in full; and/or
- Remove, cease or otherwise render useless any work already carried out until payment is made
In case collection action proves necessary, the Client agrees to pay all fees &costs incurred by that process.
Delivery
Once payment is received, the delivery of the goods will be completed in a timely manor.
Delays
All dates quoted by the Supplier for delivery &completion of any stage of the service are to be treated as estimates only &shall be extended by a reasonable period if the delay is caused by any act or omission of the Client, its servants or agents or any cause whatsoever beyond the Suppliers reasonable control.
Notice
Any notice to be given by either party to the other shall be in writing &sent by first class post or delivered by hand. Notice sent by post shall be treated as delivered after two working days. Notice delivered by hand will be treated as delivered on the day of delivery unless this occurs outside normal working hours, in which case, delivery will be treated as occurring on the next working day. Any notice other than termination may be sent by email to the pre-notified email address of the recipient.
Termination
Either party may terminate this Agreement by notice to the other if the other party;
- Commits a breach of this Agreement &(in the case of the breach capable of remedy) fails to remedy it within 14 days of receiving notice requiring it to remedy the breach; or
- The other party becomes insolvent or unable to pay its debts or if a liquidator, trustee, receiver or administrative receiver is appointed in respect of all or part of its business or assets or a solution is passed for its winding up.
Termination will not prejudice any rights or remedies of either party that have accrued at the termination date.
In the event of premature termination by the Client, Payments due under this Agreement will become immediately payable in full regardless of any other arrangement in place.
The Supplier may refuse to accept work which is expected by them to extend beyond the termination date.
Force Majeure
The Supplier will not have any liability to the Client if it is prevented from performing the Agreement on account of any circumstances beyond its reasonable control (a force majeure event). The Supplier will immediately notify the Client of a force majeure event &take such steps as is reasonably practicable to overcome the same. During a period of force majeure, the obligations of the Supplier shall be suspended to the extent that they cannot be performed.
Waiver
No delay or failure by either party to exercise any of its rights under this Agreement will operate as a waiver of them. To be effective, a waiver must be in writing.
Severability
If any provision of this Agreement is illegal, invalid or unenforceable in any jurisdiction, its enforceability in any other jurisdiction shall not be affected &nor shall the validity or enforceability of any other provision of this Agreement.
Disputes & Governing Law
The parties will endeavour to resolve any disputes through good faith amicable negotiations.
Any dispute which cannot be resolved directly between the parties shall, on the application of either of them, be referred to mediation before a mediator appointed in accordance with the CEDR (Centre for Effective Dispute Resolution) mediation rules then in force. The arbitrators decision shall be final &binding on both parties.
Any dispute which is not settled by negotiation or mediation shall be finally determined by the law of England.
Each party irrevocably agrees to submit to the exclusive jurisdiction of the Courts of England in respect of any dispute, suit, action or proceedings which may arise out of or in connection with this Agreement.