The purpose of these terms of conditions is to prevent fraud, abuse and misunderstanding. Setting guidelines and procedures in a written manner helps to reduce any problems and miscommunications, should they arise. Although these policies need to be agreed to by all types of customers (businesses and individuals), they are more directed towards individuals.
Customers will be required to meet these conditions set forth below before any type of work commences. These guidelines may apply to some situations to our discretion that warrants the need for this. By providing any services, the customer consent to agree to these Terms of Conditions.
Procedure in general:
- We reserve the right to ask customers to make a payment or down payment before work starts. Making a full payment also allows us to release high resolution work without delays and interruptions.
- After the photos are taken, the customer is presented with the draft photos to view. For product photography, the draft photos means the camera’s angle and the product’s positioning and composition pose. Only when these are agreed on, do we proceed onto photo editing into pure white background.
- Once the photo editing is completed, customers are presented again with the photo edited version of pure white background – with a watermark on top. At any stage, we will need the customer to provide feedback and cooperate with us into what corrections are needed. It is normal to have repeated revisions because most of the time, there is no way to “have it perfectly right the first time”. Therefore, we ask customers to cooperate and be patient.
- Once the customer is okay with this, an invoice is issued, and the customer makes a payment, and then we release the full resolution images to download or on DVD disc.
In short, this is the same as if a customer walks into a store, pays for merchandise at the checkout counter, then walks away with the product. The theory is the same here. The customer makes a payment before we release any photos.
Other points of notes:
- For product photography, our scope of the work is only limited to taking photos and turning it into pure white background with some limited photo editing and retouching. If there are any further extensive photo editing that was carried out successfully, we reserve the right to increase the cost to take into account this extra work.
- At any point during the process, we reserve the right to ask for a full payment or a down payment or a pro-rated payment. For example, this down payment is meant to cover the time of travel to the work site, or to act as a security deposit or to act as a pro-rated payment for the partial work performed so far. The pro-rated payment is also fair even if the customer becomes unsatisfied with the project, as time and effort was already devoted to the work. If a full payment is made before hand, it allows us to give customers the high resolution work without any delays.
- Should there be extra work, or extra time involved on top of the original agreed quote, we reserve the right to increase the cost based on the extra time involved. The customer will be notified in advanced.
- All samples before the invoice will have a watermark on top to prevent abuse, theft and copyright infringement.
- If a customer pre-orders a service, and the invoice is written up in advanced, but the service ended up not being performed because the customer did not initiate and organize a time to allow us to perform the service, then no refund will be issued. Refunds will not be issued on this advanced payment and invoice because we are always ready to perform our duties, acting in honesty in no fault on our own, but the customer did not want to organize or proceed.
- We can accommodate in deferred payment if the customer is part of a large company that has their own accounting terms such as their NET 15, NET 30, etc. However, the customer needs to let us know the timeframe of their payment so that we know when to expect payment.
- For the safety of our staff, if your property have animals, please ensure that they are secured and leashed during our work duties on site for liability reasons.
- For product photos, if the customers does not take back the products within 30 days after payment, the products are deemed disposable and will be subject to be sold.
For Security Deposit or Down-payment:
- We may require customers to e-transfer 50% of the quoted value ahead of time, or an amount predetermined by both of us.
- Alternatively, customers can leave down the credit card number as authorized transaction. When the project is complete, the customer will be issued an invoice and make alternative means of payment.
- The down-payment or security deposit is non-refundable. It covers the effort and time needed to partly make the project happen, as it progresses towards a complete project.
- If the customer is unhappy, or wants to discontinue during the project, the security deposit will be enacted and used to cover the travel (if applicable), time and effort on the work done so far.
- The credit card information will be destroyed at the end of the project or kept on file securely for future projects. The privacy of the credit card information will be protected in accordance with the law.
- Some projects or customers may not require a down-payment. We will let the customer know our decisions.
On Photo Editing:
- A 50% non-refundable down payment is required before work is started. This is to cover the time and effort to try to edit the photo, even if towards the end it is unsuccessful.
- Some types of photo editing can be complicated; therefore, there is no 100% guarantee that the photo editing will meet the customer’s needs or be successful, but we will try our best to meet the customer’s needs.
- The customer agrees to cooperate in providing feedback so that we provide a couple of revisions to achieve the results the customer wants. The customer agrees not to immediately jump to a conclusion when we provide the first revision.
On Copyright and Who has the Right of Ownership:
- The photos and videos are licensed to be used only by the particular customer who paid for the work. If another related person of the customer wants to use the photos and videos for their own marketing purposes and usage, that person must pay us separately to allow them to use the photos and videos for their usage. It is not about making a profit, but is a matter of fairness to the customer.
- Example: If the realtor pays for the photos and videos, only the realtor is authorized and licensed to use those images for the realtor’s MLS listing. If the builder, homeowner or another realtor wants to use the images for their own purposes, they must pay separately to us for the license to use for their own purposes.
- This policy generally only applies to real estate photos. Customers can clarify this policy with us when we provide services. Most other cases can have exceptions to this policy.
- Because we use our own skills, work and time to take photos and edit photos, we own the photos and retain all ownership of the copyright to all the photos we take for our customers. The customers pay us to use the photos for their rights to use as their intended purpose.
- If we use some of the photos for our own other uses, in some cases, we will ask the customer’s permission before doing so. This is especially true for situations that identify a location, or photos that consists of a portrait of a human face.
- If customers need the copyright to be fully transferred over to them, we will certainly be happy to do that. Therefore in this situation, the transfer of full copyright ownership can be made to customers on their request.
On product photography:
- Regarding product photography, there are 2 methods for product photography. We can accept product photography for photography by Canada Post mail (not by carrier). When the products are shipped, ensure to provide us the tracking number and place the products securely in good packaging. Once the photo project is finished, the product will be returned to the owner after payment is received (if requested). Alternatively, we can meet with the customer in person to pick up or deliver the products locally.
Customer Code of Conduct:
Although this situation is very rare in our many years of business, we still need to address this to the public, as a precautionary measure, and as well as to keep the bad statistics to the very bare minimum:
- We will not provide services to customers that are found to behave in a manner that is challenging, over-demanding, impatient, rude, angry and unprofessional. If a customer behaves in a negative manner and argues before and during the course of the work, the work will be terminated immediately and the customer will be asked to leave.
- We reserve the right to refuse service to individuals who are deemed unprofessional, who are not serious, or who we felt uncomfortable to work with.
- We will not perform services to individuals that intends to “undercut” our prices or “cheap us out”. This method of bargaining is disrespectful to us and to any companies that work hard to perform professional services.
- We will not serve customers that are found to behave in a manner that is not serious.
We are always vigilant for any fraud or scams that may happen. Usually the service provider (us) will ask for a down payment, not the person themselves.
Being in business for more than 10 years, our position in our business is honesty and cooperation with every customer we serve. Customers are expected to be understanding and cooperate in a professional manner during the entire process. Our goal is to compromise, to solve and to correct problems to the best of our abilities as we can. Please contact us if you require further information, questions or have concerns relating to this process.
By providing services in projects, customers will consent to agree to this document.
A print out of this document will be saved locally.