Terms & Conditions

Introduction

These terms and conditions govern your use of our website; by using our website, you accept these terms and conditions in full. If you disagree with these terms and conditions or any part of these terms and conditions, you must not use our website.

Fixarphotos, including subsidiaries and affiliates ("www.fixarphotos.com" or "Fixarphotos" or "we" or "us" or "our") provides the information contained on this website or any of the pages comprising the website ("website") to visitors ("visitors") (cumulatively referred to as "you" or "your" hereinafter) subject to the terms and conditions set out in these website terms and conditions, the privacy policy and any other relevant terms and conditions, policies and notices which may be applicable to a specific section or module of this website.

Licence to use website

Unless otherwise stated, we own the intellectual property rights in the website and material on the website. Subject to the licence below, all these intellectual property rights are reserved.
Information on the Website

Whilst every effort is made to update the information contained on this website, neither Fixarphotos nor any third party or data or content provider make any representations or warranties, whether express, implied in law or residual, as to the sequence, accuracy, completeness or reliability of information, opinions, any share price information, research information, data and/or content contained on the website (including but not limited to any information which may be provided by any third party or data or content providers) ("information") and shall not be bound in any manner by any information contained on the website. Fixarphotos reserves the right at any time to change or discontinue without notice, any aspect or feature of this website. No information shall be construed as advice and information is offered for information purposes only and is not intended for trading purposes. You and your company rely on the information contained on this website at your own risk. If you find an error or omission at this site, please contact us.
Copyright

All aspects of this web site - design, text, graphics, applications, software, underlying source code and all other aspects - are copyright www.fixarphotos.com and its affiliates or content and technology providers. No part of this web site may be reproduced or transmitted in any form or by any means, electronic, mechanical, photocopying, recording or otherwise, without prior permission of Fixarphotos. For rights clearance please contact us.
Trade Marks

The trade marks, names, logos and service marks (collectively "trade marks") displayed on this website are registered and unregistered trade marks of the Fixarphotos. Nothing contained on this website should be construed as granting any licence or right to use any trade mark without the prior written permission of Fixarphotos.
External Links

External links may be provided for your convenience, but they are beyond the control of the Fixarphotos and no representation is made as to their content. Use or reliance on any external links and the content thereon provided is at your own risk. When visiting external links you must refer to that external websites terms and conditions of use. No hypertext links shall be created from any website controlled by you or otherwise to this website without the express prior written permission of Fixarphotos. Please contact us if you would like to link to this website or would like to request a link to your website.
Specific Use

You further agree not to use the website to send or post any message or material that is unlawful, harassing, defamatory, abusive, indecent, threatening, harmful, vulgar, obscene, sexually orientated, racially offensive, profane, pornographic or violates any applicable law and you hereby indemnify Fixarphotos against any loss, liability, damage or expense of whatever nature which Fixarphotos or any third party may suffer which is caused by or attributable to, whether directly or indirectly, your use of the website to send or post any such message or material.
Warranties

Fixarphotos makes no warranties, representations, statements or guarantees (whether express, implied in law or residual) regarding the website, the information contained on the website, your or your company's personal information or material and information transmitted over our system.
Disclaimer of Liability

Fixarphotos shall not be responsible for and disclaims all liability for any loss, liability, damage (whether direct, indirect or consequential), personal injury or expense of any nature whatsoever which may be suffered by you or any third party (including your company), as a result of or which may be attributable, directly or indirectly, to your access and use of the website, any information contained on the website, your or your company's personal information or material and information transmitted over our system. In particular, neither Fixarphotos nor any third party or data or content provider shall be liable in any way to you or to any other person, firm or corporation whatsoever for any loss, liability, damage (whether direct or consequential), personal injury or expense of any nature whatsoever arising from any delays, inaccuracies, errors in, or omission of any share price information or the transmission thereof, or for any actions taken in reliance thereon or occasioned thereby or by reason of non-performance or interruption, or termination thereof.
Use of the Website

Fixarphotos does not make any warranty or representation that information on the website is appropriate for use in any jurisdiction (other than Great Britain). By accessing the website, you warrant and represent to Fixarphotos that you are legally entitled to do so and to make use of information made available via the website.
Discounts

If a customer uses any of Fixarphotos promotions or receives discounted pricing for editing their photos, Fixarphotos reserves the right to publish the before and after photos on Fixarphotos online publications including Fixarphotos.com, Fixarphotos Facebook account and Facebook page. Rest assured, the client, customer or photographer's name will never be revealed unless it is something they request. Fixarphotos will respect complete privacy in this matter.

If a client receives a discount or free photo editing after linking back to Fixarphotos.com but removes the backlink afterwards, the client's privacy policy will end and Fixarphotos will reserve the right to display client photos on any of it's publications.
Payment Terms

Once a digital image has been uploaded via the Fixarphotos website and no payment is made, no photo editing work will be carried out.

When a digital image(s) is uploaded via the Fixarphotos website and a partial payment is made, photo editing work will be carried out completely and the image(s) will be sent back to the customer with a watermark(s) across the image. Once the customer is happy to proceed, an invoice for the remaining balance will be sent. Once the remaining balance is paid, the image(s) will then be sent to the customer and the watermark(s) removed.

If, after receiving the watermarked image(s) the customer decides not to proceed, the customer is not obligated to pay the remaining amount however the image(s) will not be sent with the watermark(s) removed and no refund will be made on the first partial payment(s) as the photo editing work has been carried out in full. At this point the customer has the option of suggesting further photo editing on the image(s) until satisfied as long as the photo editing changes are minor, the changes does not fall under a different editing category and finally those changes are not different than the ones specified by email or in the description section on the photo uploading page when uploading the image(s).

When a digital image(s) is uploaded via the Fixarphotos website and a payment is made in full, and the photo editing work has been carried out on the image(s), if the customer is not happy with the result, Fixarphotos is unable to provide any refund as the editing work has been carried out on the image(s) however the customer is welcome to provide specific details for any further changes that needs to be made as long as the photo editing changes are minor, the changes does not fall under a different editing category and finally those changes are not different than the ones specified by email or in the description section on the photo uploading page when uploading the image(s).
General
1. Entire Agreement
  
  These website terms and conditions constitute the sole record of the agreement between you and Fixarphotos in relation to your use of the website. Neither you nor the Fixarphotos shall be bound by any express tacit or impl ied representation, warranty, promise or the like not recorded herein. Unless otherwise specifically stated these website terms and conditions supersede and replace all prior commitments, undertakings or representations, whether written or oral, between you and the Fixarphotos in respect of your use of the website.
2. Alteration
  
  Fixarphotos may at any time modify any relevant terms and conditions, policies or notices. You acknowledge that by visiting the website from time to time, you shall become bound to the current version of the relevant terms and conditions (the "current version") and, unless stated in the current version, all previous versions shall be superseded by the current version. You shall be responsible for reviewing the then current version each time you visit the website.
3. Conflict
  
  Where any conflict or contradiction appears between the provisions of these website terms and conditions and any other relevant terms and conditions, policies or notices, the other relevant terms and conditions, policies or notices which relate specifically to a particular section or module of the website shall prevail in respect of your use of the relevant section or module of the website.
4. Waiver
  
  No indulgence or extension of time which either you or Fixarphotos may grant to the other will constitute a waiver of or, whether by estoppel or otherwise, limit any of the existing or future rights of the grantor in terms hereof, save in the event or to the extent that the grantor has signed a written document expressly waiving or limiting such rights.
5. Cession
  
  Fixarphotos shall be entitled to cede, assign and delegate all or any of its rights and obligations in terms of any relevant terms and conditions, policies and notices to any third party.
6. Severability
  
  All provisions of any relevant terms and conditions, policies and notices are, notwithstanding the manner in which they have been grouped together or linked grammatically, severable from each other. Any provision of any relevant terms and conditions, policies and notices, which is or becomes unenforceable in any jurisdiction, whether due to voidness, invalidity, illegality, unlawfulness or for any reason whatever, shall, in such jurisdiction only and only to the extent that it is so unenforceable, be treated as pro non scripto and the remaining provisions of any relevant terms and conditions, policies and notices shall remain in full force and effect.
7. Applicable Laws
  
  Any relevant terms and conditions, policies and notices shall be governed by and construed in accordance with the laws of Great Britain without giving effect to any principles of conflict of law. You hereby consent to the exclusive jurisdiction of the High Court of Great Britain in respect of any disputes arising in connection with the website, or any relevant terms and conditions, policies and notices or any matter related to or in connection therewith.
8. Comments or Questions
  
  If you have any questions, comments or concerns arising from the website, the privacy policy or any other relevant terms and conditions, policies and notices or the way in which we are handling your personal information please contact us.