Terms and Conditions for The Story in Portrait

These Terms and Conditions (“Terms”) govern the provision of services by Determination Innovation and Production Limited (trading as “The Story in Portrait”), a company registered in England and Wales with company number [Insert Company Number if available] and registered office at [Insert Registered Address, e.g., Reading, England] (“we”, “us”, or “our”), to you (“you”, “your”, or “the Client”) for the creation of personalised family photo storybooks and memoirs (“Storybooks”). These Terms form the entire agreement between us and supersede any prior understandings. By placing an order or providing content, you confirm your acceptance of these Terms. We draw your particular attention to clauses 6 (Cancellations and Refunds), 8 (Intellectual Property), 9 (Confidentiality), and 10 (Liability).

Our services involve curating bespoke Storybooks that integrate evocative photography, handwritten reflections, descriptive writing, song lyrics, poetry, and cinematic elements to preserve personal legacies. This process requires your active participation in providing accurate content. We act as the service provider and rely on the information you supply without independent verification. If you are commissioning a Storybook on behalf of another individual (the “Subject”), you warrant that you have their full consent and that they are capable of providing such consent.

1. Services Provided

We offer a tailored service to create your Storybook, which may include:

• Initial consultation to discuss your requirements and project scope.
• Collection of content from you, such as personal stories, biographies, anecdotes, photographs, voice notes and other materials.
• Optional interviews (conducted virtually or in person) to gather additional details.
• Curation and writing of the manuscript, incorporating your provided content.
• Design, review, and approval stages, where you will receive drafts for feedback (up to 3 rounds of revisions included).
• Production, printing, and delivery of the final Storybook in the agreed format, edition, and quantity.

The exact scope will be outlined in a written proposal or order confirmation (“Proposal”). We will perform the services with reasonable skill and care, in accordance with applicable professional standards. You agree to provide all necessary content promptly and accurately, and to cooperate fully, including attending scheduled interviews and responding to draft reviews within agreed timelines (typically 14 days). Delays caused by you may extend project timelines and incur additional fees.

Storybooks are intended for private, personal use and family circulation only. We do not offer services for commercial publication or public distribution.

2. Orders and Booking Process

To commence services, you must submit an order via our website or by contacting us directly, accompanied by a non-refundable deposit as specified in the Proposal (typically 40% of the total fee). The order constitutes your acceptance of the Proposal and these Terms. We will confirm the order in writing, including the project timeline.

Proposals are valid for 30 days from the day of submission. Any changes to the scope must be agreed in writing and may adjust fees or timelines.

3. Fees and Payment Terms

Fees are as quoted in the Proposal, inclusive of VAT where applicable, and cover the standard scope of services. Additional services (e.g., extra copies of the printing and editions, revisions beyond the included limit, additional pages, keepsakes, or premium printing options) will be charged at our prevailing rates, notified in advance.

Payment is due in installments as follows:

• Deposit 40%: Upon order confirmation.
• Interim payments 30%: At key milestones (e.g., post-interviews or draft approval).
• Final balance 30%: Prior to production and delivery.

Payments may be made by credit/debit card, bank transfer, or other methods specified. Overdue payments attract interest at 8% per annum above the Bank of England base rate, accruing daily from the due date. We reserve the right to suspend services until payment is received. All fees are non-refundable except as provided in clause 6.

4. Delivery Timelines

Standard project timelines commence from order confirmation and deposit payment:

• Consultation and content collection: 1-2 weeks
• Draft review and revisions: 2-4 weeks
• Final production and delivery: 2-4 weeks

Total duration is typically around 3 months, subject to your timely cooperation. Timelines are estimates only; we are not liable for delays beyond our reasonable control (e.g., your unavailability or force majeure events). Risk in the physical Storybook passes to you upon delivery to the specified address.

5. Revisions and Approval

You will have the opportunity to review drafts at specified stages. Revisions must be provided in writing and limited to substantive changes relevant to the content within the agreed deadline. We aim to incorporate reasonable feedback, but final editorial decisions rest with us to ensure coherence. Approval of the final draft is required before production; failure to approve or provide feedback within 14 days may result in the draft being deemed approved.

6. Cancellations and Refunds

6.1 By You (the Client)

• Cooling-Off Period: You may cancel within 14 days of order confirmation for a full refund of the deposit, provided no services have commenced, and all provided materials are returned undamaged.
• After Cooling-Off: Cancellation requires at least one month’s written notice. Refunds will be calculated as follows:
  • Prior to content collection/interviews: 50% of deposit refunded (remainder retained for administrative costs).
  • After partial completion (e.g., per completed interview or milestone): Retention of fees for work undertaken, plus 10% of total fees for committed resources; no further installments due.
• No refunds for completed Storybooks or non-cancellable elements (e.g., custom printing).

6.2 By Us

We may cancel with immediate effect for material breach (e.g., non-payment, provision of inaccurate/misleading content), or with one month’s notice for other reasons (e.g., your unavailability). Refunds will be issued for undelivered services, less costs for work completed. In cases of force majeure, we may suspend or terminate without liability.

Notices must be in writing (email or post). Refunds, if applicable, will be processed within 14 days via the original payment method. We reserve the right to retain or charge for any losses incurred due to your breach.

7. Intellectual Property Rights

You retain all rights in the content you provide (“Your Content”), including copyrights and moral rights, and warrant that it does not infringe third-party rights. Upon full payment, we assign to you all rights in the final Storybook (excluding our pre-existing materials, such as templates or methodologies), enabling your private use and reproduction for family purposes.

We retain ownership of our proprietary materials, tools, and processes used in creation. You grant us a limited, royalty-free license to use Your Content solely for producing your Storybook. Additional copies may be ordered at extra cost. We may retain anonymised excerpts for promotional purposes (with your consent) or quality assurance.

8. Confidentiality

All information shared during the project, including personal stories and materials, is treated as confidential. We will process data in accordance with our Privacy Policy (available at https://thestoryinportrait.com/privacy-policy/), complying with the UK GDPR and Data Protection Act 2018. You consent to such processing for the purposes of delivering the services. Breaches of confidentiality by you may result in termination and liability for damages.

9. Liability and Warranties

We warrant that services will be performed with reasonable skill and care. However, we disclaim all other warranties, express or implied, including accuracy of content (as we do not verify Your Content). Our total liability is capped at the total fees paid for the project. We are not liable for indirect, consequential, or economic losses (e.g., emotional distress, lost opportunities), nor for claims arising from Your Content (you indemnify us against such claims, including legal costs).

Nothing excludes liability for death or personal injury from negligence, fraud, or breaches of statutory rights under the Consumer Rights Act 2015. Force majeure events (e.g., pandemics, strikes) excuse performance delays.

10. Termination

These Terms terminate upon project completion or as per clause 6. We may terminate immediately for breach. Surviving provisions include clauses 7-12 (IP, confidentiality, liability, etc.). On termination, you must pay for services rendered.

11. General Provisions

• Force Majeure: Neither party is liable for delays due to events beyond reasonable control.
• Severability: If any provision is invalid, the remainder remains effective.
• Assignment: You may not assign rights without our consent; we may subcontract services.
• Entire Agreement: These Terms, the Proposal, and Privacy Policy constitute the full agreement.
• Variations: Changes require our written consent.

12. Governing Law and Jurisdiction

These Terms are governed by the laws of England and Wales. Disputes shall be subject to the exclusive jurisdiction of the courts of England and Wales.

13. Contact Us

For matters relating to these Terms:

• Email: info@thestoryinportrait.com
• Post: Determination Innovation and Production Limited, 12 Station Parade, Harrogate, HG1 1UE