TERMS & CONDITIONS
GRAPHIC DESIGN & PHOTOGRAPHY
All applicable parties are required to read and agree to the following conditions. A condition of placing an order is bound by the set forth terms. The company, trading as StyleStudio will not be bound by any conditions imposed by the customer (hereafter referred to as the “buyer” or “customer”) unless agreed in writing and signed by all company owners & partners.
Full payment (designs that are less than $125) or a mandatory 50% deposit will be required to start any design work. Design service will not be undertaken until payment has been received. DEPOSITS ARE NON-REFUNDABLE.
NO ORDER will be emailed or printed material will be shipped until payment has been made in full. Payment can be made by the online payment provider using a debit or credit card. It can also be made by money order via postal service. Please allow E-Checks 3-5 business days to clear before orders can be confirmed and turnaround times begin. Personal or Business checks are also accepted but orders cannot be confirmed nor can turnaround times begin until payment has cleared. Please allow personal and business checks 7-10 business days to clear. Wave Apps invoices and payments made via Wave Apps are priced at a flat-rate plus tax. Payment taken by the payment provider is subject to Georgia's Sales Tax Rate, which is added to the project total.
Rush orders will be accepted on a case-by-case basis and need to be approved and paid for prior to purchasing your design. There is a 30% or 50% rush charge on all design orders that need to be expedited and completed prior to the standard and specifically quoted project-related 3-5 business day completion time frame. The 30% rush charge is reserved for orders that need to be completed in less than 3 full business days of the initial standard 3-5 business day completion time frame. The 50% rush charge is reserved for orders that need to be completed in less than 2 full business days of the initial standard 3-5 business day completion time frame. There is also a 30% or 50% rush charge on all design orders that need to be expedited and completed prior to the standard and specifically quoted project-related 7-21 business day completion time frame. The 30% rush charge is reserved for orders that need to be completed in less than 7 full business days of the initial standard 7-21 business day completion time frame. The 50% rush charge is reserved for orders that need to be completed in less than 5 full business days of the initial standard 7-21 business day completion time frame.
DESIGN TURNAROUND TIME
The design is a creative process and takes time to develop unique concepts. Once the concept has been conceived, revisions and changes may require more time and could require additional charges for design time. Turnaround times are outlined within our Products & Services Guide for each category. The timelines for “Product(s)” and or “Services” are listed separately within the guide. Turnaround times vary from 2-5 days to 7-21 days depending on the service. Please refer to the page for each service you are interested in. Please be mindful of the listed production dates on the design you are purchasing, and take into account that the design and proofing time varies. If you are concerned about timing, please contact us immediately prior to purchasing service in order to make sure we can accommodate your order. We do our best to accommodate our clients at all times! Barring any unforeseen extraordinary circumstance(s), all orders will be produced within the estimated design and turnaround times listed.
When submitting requests for your projects; please send all correspondences to email@example.com. Please be sure that you include all of your information and images together. This will enable us to streamline the design process and get your job completed in a timely manner.
The proofing process is conducted when a project is ready for viewing and approval by the customer. During this process, some changes may need to occur to the design. Changes may include removal and or additions to the current design. Revisions are a part of this process. Unless otherwise noted in the guide for the service you are requesting, design revisions are limited to 3-5 granted revisions before additional fees apply per additional rounds of revisions. Please view all proofs carefully and be certain of all changes that are needed to the design. Please be sure to include “ALL” parties involved in making revision decisions before submitting any necessary changes to our company. We will not be held accountable for the breakdown in communication of any and all parties involved to make changes. Please note that it is the clients' responsibility to fully check the proof for errors, misspellings, etc. After a client approves the final proof, StyleStudio is not liable for errors in a final product caused by any of the following: misspellings, graphics, grammar, punctuations, incorrect dates, copy information, omissions or errors, font size, color selections or any other virtual or copy content.
PRELIMINARY & ONGOING DESIGN WORK
All preliminary work undertaken, experimentally or otherwise, will be charged under the outlined flat-fee rates listed in our service guide. After a first proof approval of design work, batches of revisions and alterations to the design can be made on three separate occasions for the following work types: flyers, business cards, invitations, music cover art, facebook timeline covers and other social graphics, event tickets, posters, web graphics, greeting cards, calendars, menus, brochures and photo retouches. Batches of revisions and alterations to the design can be made on five separate occasions for logos, signage and banners, book design, identity and branding packages, catalogs, magazines, and t-shirt design.
Artwork and any other property used or created by the company on behalf of a customer will be held and worked upon at the customer’s own risk. Any artwork used by StyleStudio may be subject to Copyright Protection laws. StyleStudio agrees to use royalty-free artwork that is not subject to any copyright laws. No intentional misuse or unlawful use of the artwork is intended throughout the production of any project. Every effort to obtain licensing of known copyrighted artwork will be made when required.
Customer’s artwork and any other property supplied to the company by or on behalf of a customer will be held and worked upon at the customer’s own risk. Upon the customer's confirmation of the first proof approval sent to them via email or otherwise by the company, the customer understands and is also confirming that they may be held fully responsible if any law is broken regarding copyright issues of any files or imagery sent to the company to be used in their artwork design.
A) The customer shall ensure that he/she has full authority to reproduce any material in which copyright exists and StyleStudio reserves the right to refuse to undertake any work which infringes, or appears to infringe, the copyright of a third party. B) The customer shall fully indemnify StyleStudio against any action, claim, demand, costs, charges and expenses arising from libel, or incurred by reason of any infringement or alleged infringement of any copyright letters patent, registered design trademark, trade name, industry guidelines or any other intellectual property rights by the publication or use or sale of the goods and against all costs and damages which the company may incur in any action for such infringement for which StyleStudio may become liable. C) In the event of any claim being made or action brought against the customer arising out of the matters referred to in this clause, StyleStudio shall be promptly notified thereof. d) The customer warrants that any design material, email, verbal or SMS content, or instructions furnished or given by him/her are not libelous or such as will cause StyleStudio to infringe any copyright letters patent, ICTSIS code of conduct, registered designs, trademarks or trade name, or any other intellectual property rights or any legislation for the time being in force in the United States in the performance of the contract.
TERMS & CONDITIONS
This Agreement is between StyleStudio Photography (“Photographer”) and [You] (“Client”) which includes Client’s principals, employees, affiliates and representatives. Client agrees that it has the legal authority to enter into this Agreement on behalf of its employer, company or organization. Photographer’s relationship with Client is that of an independent contractor. “Image(s)” means the photographic material, whether still or moving, created by Photographer pursuant to this Agreement and includes, but is not limited to, transparencies, negatives, prints, or digital files, that were captured, recorded, stored, or delivered, in any type of analogue, photographic, optical, electronic, magnetic, digital, or any other, media.
USAGE RIGHTS and OWNERSHIP:
Client acknowledges that Photographer is the Author of the Image(s) and also the first and sole owner of all copyrights of the Image(s). The Image(s) and all copyrights remain the exclusive property of Photographer without limitation. All usage rights to the Image(s) specifically granted by Photographer to Client appear on the reverse side of this Agreement. No electronic publishing, or Internet use, of any kind, is permitted unless specifically stated.
IMAGES ARE LICENSED FOR SPECIFIC USE(S) AND ARE NOT SOLD.
Client understands and agrees that it is not buying the Image(s) but is paying only for a license to use the Image(s) as specified on the reverse side of this Agreement. Note that buying the copyright to the Image(s) will always be much more expensive than any licensing fee.
The term of license begins from the date Photographer receives full payment of an invoice. Unless otherwise agreed, any rights granted are always non-exclusive, non-sub-licensable and non-transferable. Any Image(s) may not be used in a logo, corporate identity, trademark or other service marks. The use of any Image(s) by Client will not constitute a work of joint authorship. Copyright metadata contained within any digital file may not be altered or removed, without the express consent of the Photographer. Unless otherwise agreed, the Photographer retains the right to use the Image(s) for his self-promotion.
PHOTOGRAPHIC INTEGRITY and ALTERATIONS:
The client will not make or permit any alterations, including, but not limited to, additions, subtractions, or adaptations, with respect of the Image(s), alone or with any other material, without the prior express permission of Photographer. Normal reproduction adjustments for color, contrast, brightness, sharpness, and cropping are permitted. Any alteration or modification of any Image(s) will not constitute a work of joint authorship.
GENERAL LIABILITY and RELEASES:
Photographer will take all reasonable care in the production of the Image(s) and the performance of this agreement. But Photographer will not be liable for any loss, damages, or costs, suffered by Client, or by any third party, arising from Client’s use of any Image(s).
The client will indemnify, defend, and hold harmless, Photographer, his contractors, and his representatives, against any and all claims, liabilities, damages, costs, and expenses, including reasonable legal fees and expenses, that may arise from Client’s use of any Image(s).
The photographer is not responsible for obtaining model, property, trademark, copyright, or any other releases in connection with the Image(s) unless specifically stated in this Agreement. It is the Client’s responsibility to obtain all necessary permissions for any Image use that requires a release or other consents. Should Photographer agree to deliver any releases, it is the Client’s responsibility to determine whether such releases are suitable for Client’s purposes. Photographer gives no warranty or guarantee as to the legal validity of any release.
In any event, the Photographer’s liability for all claims will not exceed the total amount paid under this Agreement.
Time is of the essence for receipt of full payment under this Agreement. NO RIGHTS ARE GRANTED UNTIL PHOTOGRAPHER HAS RECEIVED FULL PAYMENT, INCLUDING, IF APPLICABLE, ANY LATE-PAYMENT CHARGES. UNLESS OTHERWISE AGREED, THE USE OF ANY IMAGE(S) PRIOR TO FULL PAYMENT WILL BE CONSIDERED AN UNAUTHORIZED USE. CLIENT AGREES THAT THE REASONABLE AND STIPULATED AMOUNT THAT WILL BE PAID TO PHOTOGRAPHER FOR SUCH AN UNAUTHORIZED USE WILL BE DOUBLE THE INVOICE TOTAL. Where usage rights before full payment are granted, the Photographer reserves the right to rescind any such usage rights if the Client fails to make timely payment. All invoices are due upon receipt. Adjustments of amounts or terms must be requested within ten days of invoice receipt. Photographer does not provide any receipts to the Client. Photographer’s invoice will serve as Client’s receipt for work performed and services rendered. Bank transfer fees are the responsibility of the Client.
CREDIT LINE and COPYRIGHT NOTICE:
Placement of a credit line or copyright notice is required only if specified on the reverse side of this Agreement. If a credit line or copyright notice is required but not actually provided, Client agrees that the amount of DOUBLE THE INVOICE TOTAL is the fair and reasonable compensation that will be paid to Photographer for the loss of recognition, or lack of copyright protection, resulting from the lack of, or an improper, copyright notice or credit line.
CANCELLATIONS and POSTPONEMENTS:
To do our best work, we focus (no pun intended) on only one client per day. Once Client and Photographer have agreed to time(s) and date(s) for a photography assignment, Photographer will not accept work from any other client for the same time(s) and date(s). Where Client postpones or cancels an assignment, Client will pay all expenses incurred by Photographer up to the time of postponement or cancellation, plus all fees for any subcontractors booked for the assignment, and: (a) Thirty-five percent of Photographer’s fees for postponement, or cancellation, less than twenty-four hours from the scheduled time, or (b) Fifty percent of Photographer’s fees for postponement, or cancellation, after Photographer has departed for location. If the same assignment is rescheduled for a later date, full fee and any additional expenses will be charged for the actual shooting. Any deposits paid on booking become non-refundable for cancellation, or postponement, less than two business days from the date of photography. Fees for cancellation or postponement will apply irrespective of the reasons for the cancellation or postponement. However, Photographer understands that life doesn’t always happen as planned and consideration will be given in any such circumstance.
The client is responsible for sending an authorized representative to the shoot. If no representative is present, the Client must accept Photographer’s judgment as to the creation of the Image(s). If the Client requires a reshoot, Client will pay Photographer an additional fee of one hundred percent of the fee stated in the quote or invoice for the original shoot, plus all expenses for the reshoot. If a reshoot is required due to factors beyond the control of Photographer, including but not limited to, weather conditions, acts of God, or the fault of a third party, Photographer will not charge an additional fee and Client agrees to pay all expenses for the reshoot.
FAILURE TO PERFORM:
If Photographer is unable to supply his photographic services due to illness, mechanical breakdown, accident, acts of God, or any other cause beyond his control, then Photographer will attempt to procure the services of another professional photographer to fulfill his obligations. If that does not succeed, Photographer will return any fees paid by Client and will have no further liability with respect to this Agreement, and Photographer will not be responsible or liable for any other damages beyond the amount of this Agreement. This limitation of liability will also apply in the event that any Image is lost or damaged through equipment malfunction, or otherwise, without the fault of the Photographer.
Provided that Photographer has executed the photography assignment in a professional and competent manner, Client agrees to pay Photographer all fees and expenses in connection with the said assignment, whether or not Client uses any Image(s).
ARCHIVING DIGITAL FILES:
While Photographer may choose to archive the Image(s), it is the Client’s responsibility to properly store and archive the Image(s) for the duration of the term of the license. Photographer cannot guarantee the availability of any Image(s) beyond the date of first delivery to Client. The client is aware that optical, magnetic, electronic, and any other, media for storing digital data are inherently unstable. Client hereby releases Photographer and his contractors, and representatives, from any liability for any claims, damages, or costs, arising from any media supplied by Photographer becoming unusable. All digital files created by, or on behalf of, Client that contain any Image(s) will be deleted or destroyed within ten days after the expiration date of the license.
DIGITAL FILE QUALITY:
The photographer is committed to providing high-quality services. Unless otherwise specified on the reverse side of this Agreement, Photographer may deliver, and Client agrees to accept, the Image(s) encoded in an industry-standard data format that Photographer may select, at a resolution that Photographer determines will be suitable to the reproduction technology and use(s) for which the Image(s) is licensed. Photographer uses cameras and monitors that are color calibrated to industry standards. But due to variances in other monitors, software and computer platforms, the Image(s) may display differently on other monitors. Therefore, neutrals will be set for mathematical neutrality and color will be adjusted for pleasing tonalities. It is Client’s responsibility to verify that the digital data, including color profile, if provided, are suitable for reproduction of the expected quality and color accuracy, and that all necessary steps are taken to ensure correct reproduction. If the data are not deemed suitable, Photographer’s sole obligation will be to replace or repair the data, but in no event will Photographer be liable for poor reproduction quality, delays, losses, expenses, or consequential damages, resulting directly, or indirectly, from defects or errors in digital files or their use.
ACCEPTANCE OF TERMS:
The client may not assign or transfer this Agreement or any of the rights granted hereunder. This Agreement is binding upon and inures to the benefit of, Client and Photographer, as well as their respective principals, employees, representatives, and successors. Client and its principals, and employees are jointly and severally liable for the performance of all payments and other obligations hereunder. No amendment or waiver of any items is binding unless set forth in writing and signed by the parties. E-mail and electronic signatures will be considered legal and binding. However, the invoice may reflect, and Client is bound by, Client’s oral authorizations for any additional Image(s), fees, and expenses, that could not be confirmed in writing due to the immediate proximity of completing the photography assignment. This Agreement will be deemed to be a contract made under the laws of Canada and the Province of Ontario, and for all purposes will be interpreted in its entirety in accordance with these laws. The client specifically and irrevocably confers personal jurisdiction over it by the courts of the district of Toronto, Ontario, Canada. The client will pay all arbitration and court costs, reasonable legal fees, expenses, and legal interest, on any award or judgment in favor of Photographer. If any provision of this Agreement shall be unlawful, void, or for any reason is unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions. In addition to oral and written agreements, use of any Image(s) by Client will constitute acceptance of all the above terms and conditions. This Agreement constitutes the entire and only agreement between Photographer and Client with respect to its subject matter and supersedes all previous agreements, understandings, and communications, whether oral or written, between the two parties with respect to the subject matter hereof.