Terms & Conditions
Last Updated: 18 April 2024
Acceptance of terms
Welcome to Click Photo Designs (“Click Photo Designs,” “we,” “our,” “us”). We offer creative services including branding, packaging, collateral design, photography, printing and web development hereafter referred to as the (“Services”). Click Photo Designs may change, add, or remove any part of the Services from time to time. These Terms cover all Services offered by Click Photo Designs whether purchased online or via a direct quote.
The Terms & Conditions, to be read in conjunction with your invoice (these “Terms”), are a legal agreement between you and Click Photo Designs or if you represent a business entity in either case(“you” and “your” “the client”) and governs your access and use of the Services.
BY ACCEPTING A QUOTE OR MAKING A PURCHASE ON OUR SITE OR ARE USING OUR SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE WITH ANY OF THESE TERMS, YOU MAY NOT ACCESS OR USE THE SERVICES.
1. General Terms
1.1. Modification: Our Terms are subject to change and will be effective from the “Last Updated” date. By using our site or services, you accept the updated Terms. You may not access our site or use our services if you disagree with any of the Terms.
1.2. Force Majeure: Neither Click Photo Designs or the client will be held responsible for any delays in services due to external factors like strikes, riots, war, accidents, power outages, natural disasters, government orders, equipment/software malfunctions or any other unforeseen events.
1.3 Indemnification: You agree to protect and indemnify Click Photo Designs, its owner, and subcontractors against any costs or legal issues arising from: 1. Your violation of these Terms ; 2. Any materials you provide for use; 3. Any claims that your property, content, products, or images infringe on any third party’s rights.
1.4 Independent Contractors: No joint venture, partnership, employment, or agency relationship is created with Click Photo Designs. Only Click Photo Designs shall control how our services are executed. All quotes and all business are done on our Terms.
1.5. No Exclusivity: A no exclusivity agreement allows you and us, to freely collaborate with any providers or clients respectively.
1.6. Waiver: The failure of Click Photo Designs to enforce any right or provision in these Terms will not constitute a waiver of such right or provision, unless acknowledged and agreed to by us in writing.
1.7 Working Relationship: As with any work relationship, mutual respect is essential. In the unlikely event that the client becomes uncooperative, offensive, or disrespectful, Click Photo Designs retain the right to terminate the project.
1.8 Intellectual Property All grants of any license to use of any intellectual property rights under this Agreement are conditioned upon receipt of payment in full, including any outstanding Additional Costs, Taxes, Expenses, Fees, Charges, or the cost of changes.
1.9 Payments
We reserve the right to apply a 10% late fee to each invoice as soon as it is overdue.
In addition 2% monthly interest may be charged on the balance for each 3
Client shall pay all invoices accordance with the due dates listed on the invoice.
1.10 Cancellation policy
Retainer projects: The Client may terminate a retainer but shall Click Photo Designs give 3 months notice to cancel a retainer.
Photography
1.10 Copyright It is agreed that the copyright for any work delivered to the Client remains that is originally created by Click Photo Designs is the intellectual property of Click Photo Designs. As such, the client is not permitted to sell or derive any profits from these works. Where the client provided content, it shall retain copyright on materials and be solely responsibility over copyright for materials supplied to Click Photo Designs.
The Client shall have sole responsibility for ensuring that Trademarks do not infringe the rights of third parties, and Client shall indemnify, save and hold harmless Designer from any and all damages, liabilities, costs, losses or expenses arising out of any claim, demand, or action by a third party alleging trademark infringement, or arising out of Client’s failure to obtain trademark clearance or permissions, for use of Trademarks.
Photography services
2.1 Services: Our Services help you to create high-quality photos for your website, social media or e-commerce store. These services are rendered for the most part virtually from our home-based studio, but we can also arrange on-site meeting/consultations which are paid. On-site photography can be arranged on request.
2.2 Bookings and Shoots: Through our booking form, you can create a booking for a photoshoot to create content (each a “Shoot”). Our booking form lets you add details regarding the kind of Shoot you want. We will let you know if any of your requests are out of scope or otherwise not available. The photos, and other content we develop in connection with the Services are referred to as “Developed Content.”
2.3 Developed Content Previews: Click Photo Designs will provide you with previews of some or all of the Developed Content for your review after the shoot via Pixieset Gallery. Developed Content may, but will not necessarily, contain watermarks or similar markings. You may use the previews solely to review and select the Developed Content that you will purchase and for no other purpose. You may not remove or modify any notice of copyright or similar marking encoded, embodied, or displayed in the previews of the Developed Content.
2.4 Professional Services: When you book a Shoot, you may request that professional services be a part of your Shoot. Such services may include: hand models, styling, shopping, moving, assembly and installation or any other services required to execute your Shoot successfully (“Pro Services”). Certain types of Shoots may require the purchase of Pro Services, in which case, we will contact you to let you know what’s needed. Additional information about Pro Services that we offer is available here. Click Photo Designs will coordinate for the applicable Pro Services you select and you will be billed accordingly. Click Photo Designs may update its Pro Services from time to time without notice to you. We are not under any obligation to continue to offer any Pro Services.
2.5 Participants: In some cases, you may be permitted to use individuals in your Shoot that are not supplied by Click Photo Designs (each such individual is a “Participant”). You are solely responsible for your Participant(s) and they must sign our Model release prior to participating in a Shoot. We are not liable for any issues that may arise from your use of a participant.
Products; Customer Materials
3.1. Provision of Products and Materials: In connection with your access to and use of the Services, you may provide samples, products, materials, or other goods to Click Photo Designs (collectively, “Products”), and certain trade names, trademarks, service marks, logos, Product details, and content and information relating to you and/or your Product that you desire Click Photo Designs to use in connection with the Services (together with the Products, the “Product Materials”).You may also provide images, photos, audio and video files, written content, and online product listings to be used by Click Photo Designs as part of the Services or in relation to your use of the Services (together with the Product Materials, the “Customer Materials”). You retain all right, title, and interest in and to your Customer Materials. By submitting Customer Materials, you unconditionally grant to Click Photo Designs a non-exclusive, perpetual, irrevocable, worldwide, fully-paid, transferable right and license, with the right to sublicense through multiple levels of sublicensees, under all of your intellectual property rights in the Customer Materials, to reproduce, create derivative works of, distribute, publicly perform, publicly display, digitally transmit, and otherwise use the Customer Materials in connection with the performance of the Services and to improve and/or develop Click Photo Designs’ product and service offerings.
3.2 Customer Warranty: You may not provide any Customer Materials to Click Photo Designs that are illegal, harmful, or hazardous, or that infringe or violate any third party’s rights, including any copyright, patent, trademark, or other proprietary or contractual right. You represent and warrant that: (a) you have all necessary rights and licenses to provide the Customer Materials to Click Photo Designs as set forth herein, (b) all Products provided to us comply with all applicable laws, rules, and regulations, and are provided to Click Photo Designs in accordance with all such laws, rules, and regulations, and the terms and conditions set forth herein. Click Photo Designs reserves the right to remove or exclude Customer Materials that it, in its sole discretion, deems abusive, defamatory, obscene, in violation of the law, or otherwise harmful. In the event Click Photo Designs believes a violation of the foregoing representations and warranties has occurred, Click Photo Designs may, with or without notice: (i) dispose of such Products and charge you for all costs related to such a disposal, and/or (ii) if applicable, contact appropriate law enforcement authorities
3.3. Return of Products: The client has several options when it comes to handling their products after a shoot. They can choose to store their products at Click Photo Designs @ R370 per month. Alternatively, if the client no longer needs the products, they can opt to have them discarded at no additional cost. If the client wishes to have their products returned, they can do so for a product handling fee of R190. In this case, the client will also need to provide a pre-paid electronic return label.
3.4 Disposal of Products: If you fail to provide a prepaid shipping label for return shipping within two (2) weeks following notice of the completion of the Shoot relating to such Product, then Click Photo Designs may either donate, dispose of, or continue to store (each, at Click Photo Designs then-current rates for handling and storage) your Products and charge you for any associated costs or expenses. In addition, if you ship to Click Photo Designs a product and we do not have a booking for such Product, Click Photo Designs may donate or dispose of such Product without any liability to you, and you shall be responsible for costs related to such disposal/donation. You are strongly discouraged from shipping to Click Photo Designs any Products for which you have not booked a Shoot.
3.5 Title and Risk of Loss of Product; Release: At all times, you shall retain title and risk of loss or damage to your Products. In no event will Click Photo Designs be liable to you or any third party for any loss or damage to the Products, howsoever caused, and whether such loss or damage could have been prevented by Click Photo Designs. To the maximum extent permitted by law, you, on behalf of your affiliates, officers, directors, owners, employees, successors, heirs, and assigns (the “Releasing Parties”) hereby release the Click Photo Designs’ Parties from and against any and all claims, demands, actions, or proceedings relating to the Products or any loss or damage thereto. The Releasing Parties will forever refrain and forbear from commencing, instituting or prosecuting any lawsuit, action or other proceeding of any kind whatsoever, by way of action, defence, set-off, cross-complaint or counterclaim, against the Click Photo Designs parties arising out of, or in connection with the Products or any loss or damage thereto.
3.6 Additional Product Related Fees. Click Photo Designs reserves the right to amend or increase fees charged to you for a shoot upon receipt of a Product if the Product requires installation, construction, steaming or other “white glove” type services, or if the Product requires special storage or if the time to shoot the additional product(s) was not accounted for in the original estimate. Such fees shall be at Click Photo Design’s sole discretion. Click Photo Designs shall provide notice to you of such additional fees and you may elect to pay such fees or request a return or disposal of the Product according to these Terms.
Pricing and Payment
4.1 Pricing Pricing for the Services on our website is subject to change without notice to you. The price on the site at time of checkout will take effect or your approved quote provided that the quote hasn’t expired. You agree to pay Click Photo Designs in advance any applicable fees, for the Services to be provided by Click Photo Designs under these Terms. All amounts owed by you will be provided via an order summary either on your quote or via the online check out. Unless otherwise agreed to in writing by Click Photo Designs, fees are immediately due and payable or otherwise according to the due date indicated on your invoice, and all fees must be paid in full prior to Click Photo Designs delivering to you any Licensed Content (defined below). All fees will be paid in SA Rand(ZAR). Click Photo Designs’ fees do not charge VAT, levies, or duties imposed by taxing authorities, and you will be responsible for direct payment of all such taxes, levies, or duties or courier charges to get your product shipped to us.
4.2 Billing Information You will provide Click Photo Designs with accurate and complete billing information including your legal name, address, telephone number, and credit card or debit card billing information upon check out. If such information is false or fraudulent, Click Photo Designs reserves the right to terminate your use of, or access to, the Services in addition to seeking any other legal remedies. Click Photo Designs is not responsible for any charges or expenses (e.g., for overdrawn accounts, exceeding credit card limits, etc.) resulting from charges billed by Click Photo Designs.
4.5 Ordering images Upon receiving your Pixieset gallery, you must order all images within 5 days. Failure to order the full amount listed on your invoice will result in forfeiting the remaining images. Once ordered, the selection cannot be changed, but you can add more images. Review and finalize your order promptly to avoid any issues. Images will only be released after all fees are paid in full.. All out of bundle images are payable upfront.
4.6 Reshoots
All images are provided on a as taken basis, there may be instances where you want to improve on a existing taken image, then you can order reshoots. In this case you can request a reshoot following the preview gallery. These reshoots are considered separate services and has a minimum studio setup fee plus a price per image determined at our sole discretion based on what is required. It is important to note that reshoot shoot cost+ image fees must be paid in advance and are non-refundable. The scheduling of reshoots will take place after the initial order is fulfilled to prevent any delays to the original order.
5. Our Shoot Process
5.1 Create a booking: Request & fill in our booking form and customize your shoot by adding Pro Services like hand model, styling, shopping, and we’ll coordinate and bill as needed.
5.2 Ship Your Product(s):Ship your products to our studio after paying for your Shoot fee + upgrades.
5.3 Get Scheduled Once the product arrives, it will go through product intake then we coordinate the soonest available date and time for your shoot. You will receive an email confirmation once you are on the calendar. If this date/time does not work for you, please let us know asap at carine@clickphotodesigns.co.za .In the event that you need to reschedule, we require 2 business days notice.
Note: We can reschedule your shoot only once. If you need to reschedule a second time, we ask that you write us at carine@clickphotodesigns.co.za to cancel your booking and forfeit your deposit. You can come back and make a new booking at when you’re ready!
5.4 Shoot Day, Lights camera action! Sit back and relax on the shoot day while we create amazing content for you.
5.5 Shop Your Content: After the shoot, Select your favourites, leave notes for our editors and share your order. We’ll deliver your edited images within 7-10 days(Standard orders <25 images). You will receive an email once the images are edited and ready to download.
6. Meetings:
6.1 Meeting Cancellation by Client: If the client needs to cancel a scheduled meeting, they are required to provide at least 24 hours notice. If the cancellation is made with less than 24 hours notice, a cancellation fee equal to one hour meeting may be charged.
6.2 Meeting Rescheduling: If the client is unable to attend a scheduled meeting and provides at least 24 hours notice, the meeting will be rescheduled to a mutually convenient time. If the client misses the rescheduled meeting without providing at least 24 hours notice, a missed meeting fee may be charged.
6.3 Meeting Late Arrival: If the client arrives late to a meeting, the meeting will still end at the originally scheduled time. If the client is more than 15 minutes late without prior notice, the meeting may be considered as cancelled and a cancellation fee may be charged.
6.4 Meeting Rescheduling: In the event that Click Photo Designs needs to reschedule a meeting, you will be notified as soon as possible. We will propose a new time and date that is mutually convenient. If the proposed time is not suitable for the client, Click Photo Designs will work with the client to find an alternative time. Please note that Click Photo Designs aims to minimize rescheduling and will only do so when absolutely necessary.
6.7 Ownership
3. Website services
- 3.1. Click Photo Designs endeavour to make websites that perform well in up to date, current major browsers (Google Chrome, Firefox, Safari, Microsoft Edge), but can not guarantee backward compatibility (i.e. functionality on older or obscure devices and software).
4. Graphic Design Services
- Get a Quote: Share your project details with Click Photo Designs to get a precise quote.
- Adjust the Quote: You can adjust your project scope on the quote once for free.
- Pay your Deposit: To initiate your project, pay a 60% non-refundable deposit of your project total.
- 1.8. Promotional Terms: If the conditions of a promotional offer are not met within the specified timeframe, we reserve the right to withdraw the offer and adjust the terms of the agreement, which may include reverting to standard rates and deadlines.
- 6.1. Required elements refers to any and all information necessary for the timeous commencement and delivery of products and/or services as described in these Terms and Conditions and indicated by the Project specifications. This includes all material such as, text copy, product details, pictures, videos, company profiles, shotlist(for Photo shoots), products to photograph or props from the client, et cetera.
6.2. The Client is to provide all Required Documentation electronically to Click Photo Designs, to initiate work on aforementioned quoted products and/or services, unless they are to be created as part of the project.
6.3. The Client’s quoted and accepted products and/or services will only be queued and allocated accordingly, after compliance with Terms & Conditions 6.2. unless agreed otherwise in writing.
6.4. If the Client does not supply Click Photo Designs with the Required elements required to perform the service within 20 (twenty) calendar days from Invoice date, the entire amount of the Agreement becomes due and payable.
6.5. If the Client still has not submitted or provided all the Required elements within 45 (forty-five) calendar days from Invoice date, an additional continuation fee of 15% of the total Quotation(s) will be billed for each month until the quoted products and/or services are completed.
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9.1. Standard projects The Client may terminate the job at any time. In this instance, CPD shall invoice for the time spent and work completed to date plus invoice any project related costs and the client and the client will also forfeit their 60% non refundable deposit.
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9.2 Retainer projects: The Client may terminate a retainer but shall Click Photo Designs give 3 months notice to cancel a retainer.
- 3.1. Deposit: All projects require a 60% non refundable deposit (60% of the project total) to be paid to prior to doing any work of the project.
- 3.2. Due Date: Invoices must be paid on or before the due dates that appear on the Invoice.
Scope of Work
- 2.1. Fixed scope: All project scopes are fixed once your deposit is paid. Any additional services or changes(“New work”) may be billed as extra services at higher hourly rates.
- 2.2. Additional services/changes:
Any modifications beyond the original scope, including but not limited to, changes in extent of the work, increased complexity of the elements or requests made after approval was given, will be quoted as additional work and quoted at higher hourly rates. All new work must be paid in full before work begins and all original payment obligations shall remain in place. - 2.3. Removal or cancelation of deliverables:
If you request to cancel or remove any deliverables after your deposit is paid, it does not reduce the payment amounts due, all original payment due dates and amounts shall remain in place.
2.4. No substitution: Any removed or cancelled work shall be deemed forfeited. It is not possible to substitute or exchange any removed work to offset the cost of new work.
2.5. Unused Works: You are obligated to fulfil all payment milestones as set out by the quote and terms, regardless of whether or not you decide to utilize the produced works.
2.6. Early Completion: Regardless of the early completion of the deliverables, you are still obligated to make all the payments as outlined in the terms and quote. This means that finishing the project early does not reduce the cost of the project.
5. Policies
4. Cancelation policy
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9.1. Standard projects The Client may terminate the job at any time. In this instance, CPD shall invoice for the time spent and work completed to date plus invoice any project related costs and the client and the client will also forfeit their 60% non refundable deposit.
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9.2 Retainer projects: The Client may terminate a retainer but shall Click Photo Designs give 3 months notice to cancel a retainer.
Client Materials
- The client shall not provide any text, images or other data which it deems to be false, immoral, offensive, obscene or illegal. All infomation for packaging & advertising material purposes shall conform to relevant standards laid down by all the advertising standards authorities . For instance the client must research their local laws in terms of product claims, what information must appear on their packaging etc. The client is solely responsible for checking accuracy and compliance.
- Click Photo Designs also reserves the right to refuse to include submitted material without giving reason. Any images and/or data that Click Photo Designs does include in all good faith, and then finds out that it contravenes these Terms and Conditions, the customer is obliged to allow Click Photo Designs to remove the contravention without hindrance, or penalty. Click Photo Designs is to be held in no way responsible for any such data being included.
Client Responsibilities
- Prior to any design project, clients must answer the Brand Questionnaire completely. The link will be sent via email. It is extremely critical in terms of determining the creative direction of the project, so the client must answer all fields in as much detail as possible.
- Depending on your package whether it’s websites, logos or branding you might need to be availalble for a discovery session to expand more if there’s anything unclear about your questionaire.
- For Product Photography or On-site business photography the client in addition to the Brand Questionaire will be required to either to a telephonic consultation to determine the needs for a quote or asked to complete our Booking forms to check the client requirements.
- For product photography clients once they paid their deposit ship their products to us (At their own cost) then we do a intake of the products at our studio, we ask you to identify all the products received, this goes a long way in helping us understand which product is which and also simplifies setting up a final shot list.
- After a photo shoot about day after later the client gets an image gallery for previewing developed content, then must pick their favorites for their order, add notes for our editors and then share with us. After this we edit the content in 7-10 working days and deliver.
- Once we established that there are no paid retakes(Reshoot of images) needed, your shoot will be concluded, we’ll start packing up your order and get it ready to ship 5 days post shoot, during this time we’ll confirm the dimensions of the box with you and request you provide us with a pre-paid return label (Waybill) for us to return your product. If this is not supplied to us in time, we reserve the right to either discard, donate or store the products at a additional fee.
- For website clients we’ll determine the needs by asking a few questions about the website features you want and what your goals are.
- Once your signed up, website clients may also need to provide website copy to us, with images if they have quality images(must be their own images or licensed images that they have purchased) and the general details like your business address, your company socials etc. We provide content writing services for the home page if you need assistance of getting your home page looking professional and can also assist with creating any missing artwork, redraw logos etc.
- For packaging design clients it is important to obtain the final dimensions, dieline templates(If youre using your own printers) and also the copy and any existing artwork you want to supply to go on the product label. We do protypes of the product label to size, to ensure legibility and also to eliminate any errors with printing before we go to the printers, this saves a lot of time.
- General design work: Any design work from logos, branding, pamplets, business cards, poster you could be required to supply us with a a curated pinterest board with your best ideas. You can provide do’s and don’ts but this is covered via our questionaire but this is where you could add even more information if you have a particular look and feel in mind. Pinterest boards even work great for shoot ideas, but just note we don’t copy ideas verbatim, we’ll always combine several ideas to get your content and designs its own distinct look and feel.
