Terms and Conditions ProSelect-images professional photography
Promotional use
The Photographer retains the right in all cases to use the Photographs in any manner at any time and in any part of the world for the purposes of advertising or otherwise promoting his/her work.
Indemnity
The Photographer shall only be responsible for obtaining clearances for third party copyright works, Trade Marks, designs or other intellectual property if this has been expressly agreed before the shoot. In all other cases the Client shall be responsible for obtaining such clearances and will indemnify the Photographer against all expenses, damages, claims and legal costs arising out of any failure to obtain such clearances.
Payment and rates
Billing hourly rate starts upon arrival and ends upon departure. Minimum hours billed on hours quoted. A part of an hour will be billed as a full hour. The client will be held liable for an additional shooting fee, if the photographer stays longer than quoted amount of time. A 50% deposit is required upon acceptance of the quotation. Booking is only confirmed once deposit has been received. Invoice will be issued once quote has been accepted. Deposit payable within 10 business days from quote date.
Payment by the Client will be expected for the commissioned work within 30 days of the issue of the relevant invoice. If the invoice is not paid, in full, within 30 days The Photographer reserves the right to charge interest at the rate prescribed by The National Credit Act, Incidental Credit Agreement, from the date payment was due until the date payment is made.
Goods will not be released prior to receiving full payment.
Extra expenses
Where extra expenses or time are incurred by the Photographer as a result of alterations to the original brief by the Client or the Advertiser, or otherwise at their request, the Client shall give approval to and be liable to pay such extra expenses or fees at the Photographer’s normal rate to the Photographer in addition to the expenses shown overleaf as having been agreed or estimated. A quotation is deemed an estimate of how long the shoot will take. The photographer will not be held to the quotation if the shoot takes longer than estimated. If the time quoted is not enough the Client will be informed as the shoot progresses and has to decide whether to continue and pay extra expenses or stop and forfeit the photos not taken yet.
Rejection
Unless a rejection fee has been agreed in advance, there is no right to reject on the basis of style, composition or editing.
Cancellations and Postponements
A booking is considered firm as from the date of confirmation and accordingly the Photographer will, at his/her discretion, charge a fee for cancellation or postponement.
A 50% cancellation fee will be charged if client cancels more than seven business days prior to shoot. A 100% cancellation fee will be charged if shoot is cancelled less than seven business days prior to shoot.
Storage of photographs
Upon receipt of Photographs, the Client accepts all responsibility for archiving and protecting the photographs. Photographer does not permanently archive image files. The Photographer is not responsible for the lifespan of any digital media provided or for any future changes in digital technology or media readers that might result in an inability to read files provided. It is the responsibility of the Client to make sure that digital files are copied to new media as required. Material will only be kept for 12 months after delivery. All material will be deleted after 12 months.
Right to credit
As the commissioner of the photos, the client will be the holder of the full copyright of all material in accordance with South African copyright laws; however the Photographer asserts the right to be credited as the author of the Photos. In the event of images or footage that was commissioned by the Photographer, the copyright will lie with the photographer. Any unauthorised reproduction or use of any photos that was commissioned by the Photographer will constitute a breach of copyright.
Liability
Our entire liability for any breach of this Agreement or any representation, act or omission (including negligence) shall be limited to our fee in relation to the Photo Services and we shall not be responsible for any special, indirect or consequential or pure economic loss, costs, damages, charges or expenses. The limitation on liability shall also apply in the event that Photos are lost through equipment malfunction, are lost in the mail or otherwise lost or damaged where the Photographer is not liable.
Editing of photos
Photo editing includes colour correction, cropping, file size change and whitening background. Deep etching, glamour editing and blemish removal of defected/dirty products excluded, unless quoted for or agreed upon in writing.
Photo styling
The Client is responsible for providing a safe, spacious and clean area for the photographer to work in when shooting on location. The Client is responsible for providing products that are clean, free from blemishes or defects for product photographs. The Client is responsible for cooking, plating and styling food for food photographs unless otherwise agreed to in writing.
Terms and conditions ProSelect-images Photographic art gallery
Privacy
Any personal information gathered by us will be used solely for the purpose of order processing. We will not sell, traffic or hire out your personal data to third parties.
Cancellations
ProSelect-images cannot cancel works which have been initiated and paid for.
Delivery
We will do our best to deliver your products in the quickest possible time. ProSelect-images do not have any control over any courier companies. Deliveries could be delayed due to various reasons. In these instances, ProSelect-images will not be liable for any consequential loss. Please ensure that you CHECK your delivery before signing for it. ProSelect-images will not accept liability for missing or damaged items unless this is brought to the attention of the delivery company. Please do not sign for your goods until you have physically checked them and are satisfied that they are in perfect condition.
Discrepancies
Any discrepancies in the final work delivered to you must be reported to ProSelect-images within 24 hours of receipt.
ProSelect-images cannot guarantee that the final size will be exactly the size requested. Some images differ from the normal sizes.