Terms and Conditions
Please note that the following terms and conditions are subject to change at any time. 'I' and 'PhotograFix' refer to Tom Marshall B.A. (Hons). 'You' or 'the customer' refers to the client.
Estimates for restorations / colourised photos are given on receipt of a scanned* or posted† photograph. Low resolution scans are acceptable for initial estimates but in some cases higher resolution scans may be requested. Quotes are valid for 3 months (excluding special offers & promotions) from the date of the quote email sent.
*If you wish to have a photo restored please email a high resolution scan at least 3000 pixels on its longest size or a 4Mb low compression JPEG file. If you work in mega pixels then 6 or more is preferred.
†Posting photographs is fine provided they are sent by Special Delivery Service by Royal Mail. If your images are family heirlooms or treasured memories then this is the safest method. To avoid the photos being damaged, using card envelopes, or packing with bubble wrap and cardboard are the best methods. Please include an email address, phone number, your address and name in your package. For customers outside the UK I regret that I can only offer digital file (emailed) orders. I can not return posted photographs free of charge. I will include the original photographs in with any prints/digital copies (on disk) if you place an order with PhotograFix - if you choose not to place an order, then I require you to pay any return postage costs.
I will always aim to turn around an order within six weeks of receiving the image(s). In the event that I have a particularly heavy workload, this period may increase but I will always inform the you if I think the work may take longer. If you require a faster turnaround (e.g. if you've forgotten it's your Mum's birthday at the weekend!) please let me know and I will try my best to complete in time for your deadline.
Original photos used on this site for promotional material are done so with the kind permission of their owners. Details of customers are kept in strict confidence and are not sold on to third parties. I will not use your images for promotional means unless I have your permission. I value your privacy. To retain your privacy, no names will be used unless permission is given. Images will be archived for a minimum of 1 year in the event of a customer requiring further re-working or prints/copies.
Whilst every effort is made to restore an image to the satisfaction of the client, there may be the odd occasion where this is not possible. If you are unsure if your photo will qualify for restoration, please see my Frequently Asked Questions. Not all images can be be restored 100%. I will happily make revisions to an image within reason and to a level of restoration that the image will allow. Restorations are priced by level of damage and fit into various grades. If you are unsure (based on FAQs) if your image will be too damaged for editing, I would recommend you email me with the image rather than post it as if it turns out I can't work with it, you will be liable for any return postage costs.
PayPal is the easiest and safest way to pay for your photos but I do accept bank transfer, cash and cheques. Private clients don't need to pay until you are 100% happy with the (low resolution/watermarked emailed version of the) finished product but your photo will not be posted until payment has cleared - please note with cheques this can be up to 5 working days. Payment is expected upon receipt of final invoice and the amount specified will include any requested additional products (prints/data CD of images etc). Please ensure you have funds before considering an order. For orders with a value of over £100, corporate clients, or orders from outside the UK, a deposit may be required. This may be from 25% upwards, to be agreed with the client. If a client refuses to pay for a service once the work has been completed, a late payment fee of 10% will be added to the invoice for each week that payment is late. Refusal to pay will be considered a breach of contract and may result in legal proceedings.
Special Offers & Promotions
Any special offers and promotions are subject to change without prior notice. All offers or promotions must be mentioned by the customer in writing before any work commences.
Discount/loyalty codes for use in the online shop will not work at the same time as other promotional codes. Only one code may be used at any time.
Copyright & Image Usage
Images cannot be worked on that are protected by copyright laws, without permission from the copyright holder. Any professionally taken photograph is under the photographer's copyright or under the copyright of a custodian and a derivative work can only be produced with their permission for which they often require a fee. Illegal reproduction may result in legal action by the photographer or custodian. By submitting photographs to PhotograFix for restoration or reproduction as printed photographs you affirm that no copyright is infringed. Tom Marshall/PhotograFix will not be liable to you or any third party for such copyright infringement, even if that loss or damage was foreseeable by, or the possibility of it was brought to the attention of Tom Marshall/PhotograFix. You will be liable for any copyright claims that arise.
Please note that under Section 3 of UKCS P-22 (10th December 2012) colourised versions of original images are classed as derivative works as they are significantly different to the original work. Therefore the colouriser (Tom Marshall/PhotograFix) owns copyright of the colourised version and this may not be reproduced without written permission. Tom Marshall/PhotograFix is the owner of this copyright for at least 25 years from creation. For more information on UK copyright law, please visit www.copyrightservice.co.uk
I, Tom Marshall own the copyright on any colourised versions of photographs, not the original images. By submitting work for colourising, you agree that you are licensing the image from me and the fee that you pay for colourising allows you to use the image for private or public use with conditions attached. Wherever images that I have colourised are used publicly or in print, they must be credited as follows; '© Colourised by Tom Marshall at PhotograFix XXXX (Year)' The customer is not permitted to produce prints or copies, or re-license the images for reuse or resale, without contacting me for permission first.
Colorizer's Code of Conduct
I am a signatory of the Colorizer's Code of Conduct, which means any photo colourised must not be passed off as an original colour photo, but must be clearly acknowledged as a derivative work of the original. Please take a look at the link here for the full code, which ensures transparency and historical accuracy.
All terms and conditions are subject to change. If you have any queries, please contact me for more information.