Please read the following Terms and Conditions carefully. If you are unsure about any of the following, please contact us.

By accepting delivery of the Image(s) or Photograph(s) from BigShotz Panoramic Photography, you are agreeing to these Terms and Conditions of Use. If you do not agree to the Terms and Conditions of Use please contact us and discontinue any use of the Image(s) or Photograph(s) immediately.

1. Copyright
The copyright in all Images (“Images” includes transparencies, negatives, prints, digitised images or images in electronic or any other form or medium remains the property of the Photographer at all times.

2. License
BigShotz Aerial Panoramic Photography, grants the Client a License to reproduce and publish the Image(s) for the purpose(s), territory(ies)  and time period specified, and on the terms and conditions set out in the Licence and these Terms and Conditions of Use.

The Image(s) or Photograph(s) supplied to a Client for use by the Advertiser named in the License, may only be used for the creative works of that Advertiser.

The License to use the Images begins from the date of full payment of the Invoice. No use may be made of any Images before full payment of the Invoice without BigShotz Panoramic Photography express permission.

The License is granted to the Client and must not be assigned to any third party without BigShotz Panoramic Photography prior written permission but may be sub-licensed by the Client on the same terms and conditions to the Advertiser named in the License.

3. License Fees
License fees (also known as Reproduction Fees) are to be agreed upon prior to publication or other use. In the situation where images are reproduced or otherwise used prior to agreement of a fee then the maximum fee applicable to the use of each image will apply.

4. License Period
Unless otherwise stated on the License, the License Period will be a period of 12 months from the date the Image(s) has/have been supplied to the Client. The commencement of the License Period can be altered by mutual agreement between BigShotz Panoramic Photography and the Client prior to the issue of the License.

The image(s) may not be used after the License Expiry Date (see Paragraph 6 below)

5. Renewals
Before the end of the License Period a License Expiry Notice will be delivered to the Client notifying that the License will expire on the License Expiry Date.

The client must return the Renewal Requirements Form (included with the License Expiry Notice) stating either:

• That the Image(s) are required to be used for an additional period (in which case BigShotz Panoramic Photography will contact the client to discuss a renewal fee and issue a new License)
• That the Image(s) will no longer be used

Failure to respond to the License Expiry Notice will result in an automatic renewal being issued with an accompanying invoice.

6. Photo Credits
Where so indicated on the License, each use of any Image(s) by the Client must be accompanied by an adjacent credit line acknowledging the Photographer’s name, Agency’s name and copyright in the Image(s).

Example: © James Brown/Agency Name

Failure to provide a credit line in the prescribed format (above) will result in a penalty fee equal to 100% of the License Fee originally charged for the Image(s).

7. Internet or other Digital Usage
Where so indicated in the license and where the Images are licensed for use on an internet website one or both of the following conditions must be met:

• Image(s) must link to our website
• Image(s) must feature our watermarked logo (as supplied)
 
8. Removal of images once used
The Client shall not, without the prior written permission of BigShotz Panoramic Photography, store the Images in any form of electronic medium, except for the purpose of the Licence, and provided that the file or other medium in which the Images are captured or stored must be destroyed immediately after its use for that purpose.

9. Downloading Image Files
When your order has been confirmed, high-resolution image files will be made available for you to download from our image server for a period of 7 days from the date of confirmation.

When Image(s) has/have been downloaded ONCE from the image server, no refunds are able to be made (see Paragraph 11). Images may only be downloaded once.

10. Payment
Payment MUST be received prior to delivery and can be made in the following ways:

• Visa/Mastercard
• Direct payment/transfer to our bank account
• Cheque (must clear prior to delivery)
• Credit Account (approved clients only)

BigShotz Panoramic Photography reserves the right to suspend the distribution of any print collateral or other materials produced using the Image(s) or the continued use of the Image(s) if a credit account remains unpaid past the due date.

11. Digital Image Refunds
BigShotz Panoramic Photography is unable to offer refunds once digital image files have been delivered to you or downloaded from our image server. This is the same policy operated by the music and software industry once music and software files have been downloaded from the internet. After download, BigShotz Panoramic Photography is unable to ascertain whether images have actually been used or not which is why BigShotz Panoramic Photography is not able to offer refunds.

12. Refund policy

Please make your selections of your sizes and framing carefully as we will not refund or exchange customised orders or special sale items.

We will happily exchange stock items within 5 days with proof of purchase, however refunds will not be given if you simply change your mind or make a wrong selection. Laybys are strictly 6 weeks with a minimum 20% deposit. Deposits will not be refunded on cancellations.

13. Prohibited Usage
Images may not be reproduced in any of the following ways:

• Ways which are derogatory, misleading or defamatory
• Ways which infringe the rights of people or property featured in the Image(s) (See Paragraph 13 below)

14. Privacy/Property Rights and Releases
Unless otherwise stated, Image(s) featuring people and property are NOT MODEL OR PROPERTY RELEASED, BigShotz Panoramic Photography will not be held responsible for individual rights which have been infringed by the use of an Image(s) by a client where BigShotz Panoramic Photography made no representation as to the release status of the Image(s)

15. Disclaimer
BigShotz Panoramic Photography excludes to the fullest extent permitted by International Law any warranty, express or implied, including, without limitation, any implied warranties of merchantability, satisfactory quality or fitness for a particular purpose.

Except as specifically stated in our Terms and Conditions of Use or as otherwise required by law, neither BigShotz Panoramic Photography nor its directors, employees, contributors, suppliers or other representatives will be liable for damages of any kind (including but without limitation to, lost profits, direct, indirect, compensatory, consequential, exemplary, special, incidental, or punitive damages) arising out of your use of or your inability to use images licensed from BigShotz Panoramic Photography, whether or not we have been advised of the possibility of such damages.

BigShotz Panoramic Photography uses reasonable efforts to ensure the accuracy, correctness and reliability of the Content, but we make no representations or warranties as to the Content's accuracy, correctness or reliability. While BigShotz Panoramic Photography takes reasonable care to correctly identify, caption and orientate the pictures, it does not accept any liability for loss or damage incurred by the Client or any third party caused by any errors.

17. Variations
Our Terms and Conditions contain all the terms of agreement between us concerning delivery, review and licensing of images and no terms or conditions may be added or deleted unless made in writing and signed by both BigShotz Panoramic Photography and the Client. This provision does not apply to the invoice/licence form we shall issue for use of images and which may contain additional terms relating to the rights granted and type of use allowed.

18. Disputes
If you have any questions regarding these terms and conditions or wish to discuss them in further detail, please do not hesitate to contact us.

Should you have any questions regarding our Terms and Conditions please contact us.