TERMS & CONDITIONS
1. We are DCTR Group Ltd (trading as and hereafter referred to as “DCTR” or “we” or “us”). DCTR Group Ltd is a company registered in England and Wales under number 10216149, with its registered office at Savoy House, Savoy Circus, London, England, W3 7DA.
The person buying the services is you, hereafter referred to as “you”, “the client”, or “their”. These terms mean you personally and/or the principal; the principal is either a company or individual(s) you work for, whether you are directly employed by the principal or acting as an agent. Therefore, on instructing DCTR to work for you or the principal, you become our customer representing yourself personally, OR you affirm that you have the principal’s authority to employ our services on their behalf.
2.Acceptance of our quotation or the performance of the Services (whichever occurs earlier) deems your acceptance of these Terms and Conditions, establishing the Contract as the entire agreement between us.
3.You acknowledge that you have not relied on any statement, promise, or representation made or given by or on our behalf unless given in writing by a DCTR Group Ltd Director. These Conditions prevail over any other terms you may try to impose or incorporate.
Interpretation
4.Whilst our Doctor Photo online platform is open Monday – Saturday, the term"Business Day" refers to any day excluding Saturdays, Sundays, orbank holidays in England and Wales.
5.Headings in these Terms and Conditions are for convenience only and do notaffect their interpretation.
6.Words in the singular include the plural and vice versa.
Services
7.We guarantee reasonable care and skill in delivering the Services, complyingwith the quotation and specifications.Changes may be made to ensure compliancewith applicable laws or safety requirements with prior notification.
8.While we strive to complete Services within the agreed time, time is not essential to the performance of our obligations. The only guarantee we give about time relates to our 2-hour Facelift service. If we do not return an ’Urgent’ Facelift photo edit within 2 hours between 9 am-5 pm Monday to Saturday, it is free.
9.These Terms and Conditions apply to the supply of goods as well as Services unless otherwise specified.
Your Obligations
10.Obtain all necessary permissions, consents, and licenses, including but not limited to performances, branding, trademarked goods and logos, intellectual property, and copyrighted material forming part of the final production.
11.Failure to comply with clause 10 may result in termination of the Services.
12.We bear no liability for delays or failures caused by your non-compliance withyour obligations.
Fees and Deposit
13.Fees for Services, outlined in quotations provided by us, are on a time andmaterials basis. In addition to Fees, we may recover reasonable incidentalexpenses, third-party service costs, and materials/assets costs, including physical and/or digital items.
14.Payment for additional services not specified in the quotation are based on our applicable daily rate, (please enquire if you need to) or as previously agreed in writing.
15.Fees are exclusive of any applicable taxes or levies imposed by competent authorities.
16.Customers using the Doctor Photo platform may refer to our pricing schedule athttps://dctr.co.uk/doctor-photo#pricing. We retain the right to update it fromtime to time.
16.b. Ifyou are signed up for a Direct Debit with us and using our Doctor Photoplatform, you will be eligible to pay a discounted rate for our Faceliftsservice.
16.c. Ifyou are set up to pay by Direct Debit, you will be invoiced each month andagree not to cancel your Direct Debit while you have outstanding payments. Ifyour agreement to pay by Direct Debit means that you would have paid adiscounted amount for any service, then cancelling yourDirect Debit before alloutstanding payments have been made will mean that you will be liable to paythe standard price with no discount.
16.d. If you have not set up a Direct Debit authority or if you cancel aDirect Debit authority, then you must pay any invoice issued by us in clearedmonies within the time period specified on our invoice.
16.e. If you reasonably dispute an invoice ingood faith and contact us tolet us know within 24 hours after receiving an invoice that you disputeit, then interest will not be charged for the dispute period. If weconsider your dispute of our invoice vexatious, or a court decides this, thenin that case, we reserve the right to continue charging interest as specifiedin paragraph 16f as if no dispute was raised.
16.f. Ifyou do not make any payment due to us by the due date for payment, we maycharge interest to you on the overdue amount at the rate of 8% a year above thebase lending rate of the Bank of England from time to time. This interest shallaccrue daily from the due date until your actual payment of the overdue amount,whether before or after judgment. You must pay us interest together with anyoverdue amount.
17. For some projects, unless specified otherwise in the quotation, we reservethe right to charge a 50% deposit ("Deposit"), which will be notifiedto you along with a due date at least 2 days before commencing work. Failure topay a requested deposit may delay a project's commencement; The potentialcompletion date may also be delayed.
18.Deposits are non-refundable unless we fail to provide the Services and are atfault.
Cancellation,Amendment and Delays
19.We can withdraw, cancel, or amend a quotation if not accepted by you or if youhave not confirmed that Services may be commenced within 7 days of thequotation date.
20.Either party can cancel an order before you accept the quotation.
21.Amendments to your brief to us must be communicated in writing.
22. Onthe rare occasions we encounter issues that cause delays beyond our control, wewill endeavour to notify you promptly.
23. Ifonce commenced, you delay a project for whatever reason, we reserve the rightto invoice for works already undertaken.
Payment
24.For Design & CGI Services, Final invoicing occurs upon completion of theservice or as specified in the quotation or otherwise in writing. Doctor Photoplatform customers are invoiced monthly in arrears.
25.Payment of Fees is due within 14 days of the invoice date or as per agreedcredit terms. However, full payment will be required for high-value projectsbefore we release finished artwork, including CGIs, designs forbrochures/hoardings, etc.
26.Full payments without deduction or with holding are required.
27.Late payment may result in the suspension ofServices and cancellation of futureservices.
28.Payment receipts will be issued upon request.
29.Payments must be made in British Pounds unless otherwise agreed in writing.
Termination
30.We can terminate Services immediately if you:
a. Commit a material breach.
b. Fail to pay any due amount.
c. Become insolvent or take advantage of any statutory relief.
Copyright
31.DCTR Group Ltd asserts full copyright ownership of all material we produce,protected under UK law.
UsageLicense – Rights to the Use of Project Content
32.DCTR Group Ltd retains rights to images edited or otherwise amended or createdby us, copies, footage, or other assets and information, and it grants you atime-unlimited license for their use.
33.Your perpetual usage license is granted upon full payment.
34.We love to show off our work and share what we have learned, created, orachieved with others, so you agree to license us to display and link to imagesand other assets as you supplied them along with our edited or created work, tobe included into our portfolio and to allow us to write about the project onwebsites, in magazine articles, email marketing, advertising and in books orprint media.
35.However, if you ask us not to share our work in the above way, then we willhonour your wish as long as your request is received in writing prior topublication.
Liabilityand Indemnity
YourResponsibility to Check Projects Returned toYou
36.We cannot guarantee the accuracy of any project we undertake on your behalf,and your responsibility is how you use a completed project. Therefore, onreceipt from us of a completed project or the draft of a project, you mustcheck it against the brief and/or assets you provided to us and, in the case ofa photo edit, against the subject of the image.
37.We are not liable for indirect or consequential losses howsoever caused.
DataProtection
38.When processing personal data as a data processor, DCTR Group Ltd follows GDPRguidelines. The customer is the data controller.
39.Personal data is processed to enable service provision and is not retainedlonger than necessary.
40.Personal data is not disclosed to third parties unless necessary for service provision or required by law.
41.Technical and organisational security measures are implemented to protect processed personal data.
Circumstances Beyond a Party's Control
42.Neither party is liable for failure nor delay due to reasonable control. If thedelay exceeds 90 days, either party may terminate the Services.
Production
43.All quoted-for work will be quoted according to the agreed-upon productionbrief. Amendments or additional time may incur additional charges.
44.You agree to ensure clear access to all necessary image, video and soundcaptures required for us to complete a project for you. Delays by you may incuradditional charges.
45.Health and safety are prioritised. DCTR Group Ltd reserves the right to removepersonnel or equipment in unsafe conditions or abusive behaviour.
Approval/Amendmentsof Draft assets
46.Our work includes two rounds of amends and is often delivered with drafts andprogress updates to maintain project momentum. However, we reserve the right tomake additional charges if amends are believed to be out-of-scope or inaddition to the original brief.
ProjectDuration and Delivery
47.Project duration estimates are indicative. Our liability is limited to theagreed project cost, less costs for work already done within the productionbrief.
48.DCTR Group Ltd is not responsible for losses arising from late, erroneous, ornon-delivery of the product.
NoWaiver
49.No waiver of rights or remedies by delay, act, or omission.
Severance
50.Unlawful or invalid provisions are deemed severed from the agreement, leavingthe remainder valid and enforceable.
Law andJurisdiction
51.This Agreement is governed by English and Welsh law. All disputes fall underthe exclusive jurisdiction of English and Welsh courts.
About usand how to contact us
52.We are a company registered in England andWales. Our company registrationnumber is 10216149 and our registered office is at Savoy House, Savoy Circus,London, England, W3 7DA. Our registered VAT number is 923 1691 32. Our tradingaddress is The Studio, 2nd Floor,Dolphin House, 103 Frimley Road,Camberley, GU152PP.
53.If you have any questions or if you have any complaints, please contact us. Youcan contact us by telephoning our customer service team at 01483474737 or bye-mailing us at studio@dctr.co.uk.
54.If you wish to contact us in writing, or if any clause in these Terms requiresyou to give us notice in writing (for example, to cancel a project), you cansend this to us by e-mail, by hand, or by pre-paid post to DCTR Group Ltd, StationHouse, Pembroke Road, Camberley, GU15 3XD or/and studio@dctr.co.uk. We willconfirm receipt of this by contacting you in writing. If we have to contact youor give you notice in writing, we will do so by e-mail, by hand, or by pre-paidpost to the address you provide to us when you set up your account details ontheStudio website or by other means.
55. Wewill use the personal information you provide to us to: provide the services;process your payment for such services; and inform you about similar productsor services that we provide, but you maystop receiving these at any time bycontacting us. We will not give your personal data to any other third party.
Other important terms
We may transfer our rights and obligations under these Terms to another organisation, and we will always notify you in writing if this happens, but this will not affect your rights or our obligations under these Terms.