STANDARD TERMS AND CONDITIONS
Following are the standard terms and conditions for ELIZA PHOTOGRAPHY and apply to all contracts and all work undertaken by ELIZA PHOTOGRAPHY for its clients.
To the full extent permitted by law, all terms, conditions, warranties, undertakings, inducements or representations whether express, implied, statutory or otherwise (other than the express provisions of these terms and conditions) relating in any way to the services we provide to you are excluded. Without limiting the above, to the extent permitted by law, any liability of ELIZA PHOTOGRAPHY under any term, condition, warranty or representation that by law cannot be excluded is, where permitted by law, limited at our option to the replacement or re-supply of the services or the payment of the cost of the services that we were contracted to perform.
The agreement constituted by these terms and conditions and any proposal will be construed according to and is governed by the laws of Victoria. You and ELIZA PHOTOGRAPHY submit to the non-exclusive jurisdiction of the courts in and of Victoria in relation to any dispute arising under these terms and conditions or in relation to any services we perform for you.
We (and any subcontractors we engage) agree that we will not at any time disclose any of your confidential information to any third party.
QUOTES, DEPOSITS, AND FEES
- All quotes are valid for a period of 30 days.
- The deposit is non-refundable if the client terminates the contract through no fault of ours.
- Full agreed payment for all event or corporate photography work is due 30 days after the supply of photography product as originally agreed.
- Any invoice left unpaid for more than 30 days may be subject to an additional fee of 5% per month.
- There is a 3 working day cooling-off period from the date of signing this contract and for any orders placed.
Revisions to any contract prior to the date of photography session are allowed and we will be quite flexible in allowing a number of changes, however, we have the right to limit the number of changes to a reasonable amount and may charge for the additional changes. We will advise the client of any charges due to changes before proceeding with those changes. The intent of this is to limit excessive changes prior to photography session, event or date.
SUPPLY OF SERVICE
- A booking will not be made until a deposit is received and a contract is signed by the relevant parties.
- When selecting goods to posts or deliver check the packaging to make sure there are no marks or tears as you want the products to look there best in the images.
- The booking of and any additional costs incurred for booking venues, photography locations etc. are the client’s responsibility unless otherwise agreed.
- The photographer is not responsible for the extent of the photographic coverage and fulfilment of their services if the supplied event details are incorrect or the agreed schedule is not adhered to.
- The copyright of all photographs is owned by the photographer.
- The digital files remain the property of the photographer and will be kept on file for a period not exceeding five years.
- The photographer will supply professionally finished images to the customer’s requirements, however, RAW or working images are not supplied and remain the property of the photographer.
- It is important that the customer accurately specify or indicate the type of images that they want. For example, does the customer want flat finished images in a jpeg or similar format or does the customer want an image that is cut-out (that is the image has the background removed) such as a PNG image?
- The client acknowledges that the photographer has no control over the environment in which photographs, albums and digital files are kept by the client and that printed images in common with all sensitised materials and colour dyes have a limited life expectancy which is further reduced when exposed to strong or prolonged sunlight, heat or fluorescent light sources.
- The Client is responsible for organising return postage when the photoshoot is completed.
LOSS OR DAMAGES
- We are not liable for any loss or damage which you may suffer which is in any way attributable to any delay in performance or completion of our contract, however that delay arises.
- We are not liable for any data loss or corruption that may be caused by equipment failure or memory card failure except to the extent that such data loss arises out of a negligent act or omission by us.
- All images from any session are stored and backed up at the end of any session. Multiple copies are kept for safekeeping with finished images uploaded to a cloud-based gallery. We are not responsible for any failure of the cloud-based storage of image galleries.
- We are not responsible for items sent that are lost or damaged when posted or by courier.
We reserve the right to subcontract any services that we have agreed to perform for you as we see fit or that is necessary.
You agree to reimburse us for any additional expenses incurred during the photographic session that was not indicated prior to the booking fee being paid.