Terms and Conditions

 

Legal Definitions

A) The client whose name is specified on the invoice the website (here-in-after referred to as “the Client”) has hereby commissioned Digital Product Photography Studio (hereinafter referred to as DPPS) to supply or create and deliver photography. “Image(s)” means all viewable renditions furnished by Digital Product Photography Studio hereunder, whether captured or stored in photographic, magnetic, optical, or any other medium whatsoever.

 

You Must Tell Us Exactly How To Shoot It – Art Direction / Creative Direction

Simply, if you don’t tell us how to photograph it, then we won’t know how to photograph it.  If we shoot it the way you tell us and you want something different than that, then you’ll have to pay for the new photography session because we’ve already spent time shooting it the original way you told us.

A) DPPS is able to offer this low-cost service and quick turn around because it unencumbered by on-set art direction. Therefore, on-set art direction is not allowed.

B) Art direction is defined as the client or client’s representative, either on set or virtually, approving or disapproving each photograph as it is photographed and giving live real-time direction of the shoot. Any client based interaction, which will hinder this unique process will be a violation of the terms and conditions.

C) Direction of how the images are to be photographed must be specified in the notes section in writing done during the ordering process or in a separate email, or as directed by the confirmation email. “Comps”, drawings, illustrations, tear sheets, cell phone images, reference URL’s are required to help guide the photographers.

D) If the product was photographed like the example image provided by the client in style and position and The Client changes their mind and wants a different “look” or object position, than what was specified before shooting then the photographer has the option to cancel the job and refund the money or The Client may pay for an extra photography session.

E) If no example or “guide images” are provided then the client losses the right to a refund, revision or approval.

 

100% Refund Policy, Revisions and Image Approval/Disapproval

A) The client will be given the chance to approve or disapprove a “Pre-Approval image” within the framework of the “guide images provided by the client” at the conclusion of the photo shoot via email or phone call when the images are posted to the download site or sent to the client electronically, not before. The product in the disapproved image may be re-photographed or re-retouched up to 1 times or the client may choose to receive a 100% refund.

B) Disapproval must be expressed in detail in a phone call or email and very specific changes must be made clear.

C) If the disapproved image has been re-photographed or re-retouched 1 times, the photographer may choose to refuse additional changes and issue a full refund, force closing the job.

D) Using the images after a refund or force closing of a job is a violation of copyright law and such violations will be pursued.

E) Usage of the image constitutes approval of the images.

F) The client may not request a refund, changes or reshoots after the client has approved the final images.

G) Images not downloaded after 30 days will be considered orphaned, the product forfeited and job closed. No refunds will be offered.

H) Images that are disapproved are no longer liable to the 5-7 business day turn around time or rush time.

I) Disapproved images will be redone in 5-7 business days or less from the time detailed directions are received.

F) All refunds are issued to their original form of payment.

G) Balances on any order or individual account will remain for the life of the business, but can only be refund if requested within 180 days. After 180 days, balances cannot be refunded, but will remain as a credit for any future orders.

 

Product Quality and Resulting Image

A) DPPS will photograph the item as it arrives at the studio. If the item has flaws, mis-labeled, “waves” in the labels, nicks in the package or products, scuffs, scratches, manufacturing defects, inherent damage, it will be photographed as such.

B) If the item arrives unacceptably damaged as determined by our receivables department, you will be contacted and given a chance to send a new item to be photographed.

C) DPPS may retouch certain minor flaws inherent in the product but it is not required too.

D) DPPS can provide propping for a photo but the client must provide all props for the photograph. Clear direction is required, preferably in the form of a cell phone photograph of the setup. Additional charges may apply.

 

Pre-Approval Images

A) When shooting a large quantity of products or difficult items sometimes DPPS will send a pre-approval image at its discretion. Aspects of this pre-approval image, such as overall lighting quality & highlight position determine how other similar products will be photographed. If this “Guide Image” is approved, re-shoots and re-retouching cannot be requested for these specific aspects.

B) If the client requests a reshoot or re-retouching of an aspect of a photograph that was defined by the “Guide Image” additional charges will be incurred at the standard DPPS rate for a reshoot or in a pro-rated rate of $80 an hour for re-retouching.

Completion of the project and Closing of the Order

Upon delivery of the final images, you have (2) two business days to inform us if you have any issues or concerns with the final images. Project is considered completed and the order will be closed (2) two days after the online delivery of final images to you.

 

Turnaround Time & Delays

A) Turn around times begin upon receiving of the products at the DPPS Studio.

B) DPPS will make every reasonable attempt to deliver the pictures within a reasonable amount of time, however, DPPS will not be held responsible for delays due to act of God or terrorism.

C) 5 day turn around time refers to 5 business days.

D) 3 day rush turn around time refers to 3 business days.

E)  If the rush turn around time is not met than, the order will change to a 5 day order and a refund for the additional rush fees will be refunded.

F) If the 5 day turn around time is not met, than the client may ask for a full refund on the 6th day.

G) Standard and Rush turn around times are only applicable on order under 100 items. On orders where there are 100 or more items to photograph the turn around time will vary and is based on the total number of items to photograph and the difficulty. In this case, specific turn around times are available upon request but are otherwise open and without a specified time frame.

 

Payment

A) The Client must pay 100% of the costs up front through the website.

B) For custom orders, an estimate and contract will be sent and must be approved via email with signature.

D) If a customer overpays they will be contacted as soon as the error is recognized. 

E) If a client underpays for a service (for example the client pays for 5 products to be shot and sends 6), they will be informed and a gallery will be delivered in a non-downloadable format until the difference or balance owed has been paid.

 

Custom Price Quotations and large order quantity breaks

A) Any pricing negotiated based off volume will only be valid if the agreed upon shoot volume is provided by the client. 

B) No full value refunds will be issued for large volume discount based orders, but will reflect a prorated refund for the actual volume completed. IE, if a volume of 500 shots is agreed upon at a certain price, and the client provides only 300 shots, a higher per shot price will apply and the refund issued will reflect the new per shot price.

Non-Payment

If payment for our services is not rendered, we may take legal action to collect payments due. We may also exercise our rights under the Digital Millennium Copyright Act to issue takedown notices requesting the removal from website(s), any Content we’ve delivered to you which has gone unpaid. We may also seek injunctive relief to prevent unpaid Content from being published, reproduced, or displayed. Additionally, we may pursue legal action for actual, statutory, and punitive damages for copyright infringement if you publish or use our Content without remitting payment.

Taxes

You agree to be responsible for and pay any and all applicable sales, use, or value added taxes, or duties imposed by any jurisdiction as a result of the work performed for you by us or in connection with any license we grant to you.

Image Ownership And Usage & Copyright

Summary:

Copyright is a rather confusing and touchy subject.  At DPPS we maintain ownership over the copyright.  For products photographed on white background under flat-rate pricing, we grant world-wide, unlimited usage rights for an unlimited amount of time, in an unlimited amount of mediums and alterations for promotional and advertising usage of the company that made the order.  This is the most usage that can be given and it is included in the price. A photographer that gives away copyright is almost unheard of in our industry.

Without ownership you would only be restricted from selling the copyright of the images to others and filling lawsuits against those that use the images without permission.  If you feel that you still need the copyright we do sell the copyright for an additional $20 per image however if you don’t plan on doing the above 2 things, it may not benefit you.

However, if you are mostly concerned about us sharing the images, we are more than happy to agree to not share them on our website or with anyone. We can sign an NDA if needed.

We are more concerned about you having a positive experience with us than sharing your images.  Additional Information available at the ASMP web site: http://ftp.asmp.org/articles/working-assignment-photographer.html#.WoN3MiOZPfA

A) All photographs and rights remain the exclusive property of DPPS.

B) Ownership is different from usage and the client is given world-wide, unlimited usage rights for an unlimited amount of time, in an unlimited amount of mediums and alterations for promotional and advertising usage of the company that made the order.

C) The client may not, however, re-license or sell ownership of the images to others as their own.  This includes reselling the images or placing them in stock for profit and it is a violation of the copyright agreement.  The client may allow other retailers such as Amazon or selling sites to use the images to promote the sale of their products.  

D) The clients competitors are not allowed to use the images captured for the client on their marketing or on any retailer’s site to promote an exact same product and DPPS will not provide the exact images to the clients competitors.  This is a violation of copyright and DPPS can issue a cease & desist order on behalf of the client in this case.

E) If a competitor hires DPPS to photograph the exact same product, the product will be re-photographed and new images will be provided to the competitor even if it is styled in a similar manner.

F) If the client wants to purchase the copyright, it is available for sale at the end of the photo shoot for an additional cost.

G) DPPS will not share or distribute images that the customer has explicitly noted in an email that we should not share.

 

Image Sizing & Resolution

A) Image delivery types are picked by the customer and are defined on the ordering page and at the FAQ page in detail.

B) DPPS will not be held responsible for resizing or reformatting images to fit the clients wide range of possible uses.  The image sizes are delivered in large format to enable the majority of standard uses, for example on a website, in a standard sized catalog or printed in a magazine.

C) DPPS will not deliver layered PSD files. The .tif format (also known as .TIFF) carries all the same properties of a PSD file but at a smaller file size.  DPPS uses advanced retouching techniques and those layers will not be delivered as they are flattened in the retouching process and are mostly unusable except during processing.

D)  DPPS will not deliver raw file. DPPS uses advanced retouching methods far beyond a single capture image often blending multiple raw files with many layered Photoshop elements.  

Shipping or Dropping off products for Photography

A) The shipping of products to and from DPPS is the sole financial and physical responsibility of the client.

B) DPPS will not be held responsible for damaged goods in the shipping process.

C) The client must place the DPPS provided Order Summary, printed at the end of the process, in the box prior to shipping. If it is neglected, then DPPS will not be responsible for delays of photography or confusions.

D) Sometimes we offer free shipping as a promotion. There are specified rules to qualify with order minimums with each promotion, however all shipping liability remains with the client in case of delays , damage or lost shipments. We recommend that you buy shipping insurance when sending us your products. We do not get involved with shipping claims, it is your responsibility to file any claims arising from damage, delays or lost shipments even if we pay for the shipping as a promotion. 

E) The Client assumes full risk of loss or damage to or arising from materials furnished by the client hereunder and warrants that said materials are adequately insured against loss, damage or liability. The client shall indemnify the Photographer against all claims, liability, damages, and expenses incurred by the photographer in connection with any claim arising out of the use of said materials hereunder.

This Agreement Is Binding

The Client may not assign or transfer this agreement or any rights granted hereunder. This agreement binds and inures to the benefit of DPPS, Client, Client’s principals, employees, agents, and affiliates are jointly and severally liable for the performance of all payments and other obligations hereunder. No amendment or waiver of any terms is binding unless set forth in writing and signed by the parties. However, the invoice may reflect, and the Client is bound by, oral authorizations for fees or expenses, which could not be confirmed in writing because of insufficient time. This agreement incorporates, by reference, Article 2 of the Uniform Commercial Code and the Copyright Act of 1976, as amended.

 

Disputes

Except as provided below (b), any dispute regarding this agreement shall be, at DPPS’s sole discretion, either (1) arbitrated in Houston under the rules of the American Arbitration Association and the laws of Texas. Judgment on the arbitration award may be entered in any court having jurisdiction. Any dispute involving $2,500 or less may be submitted without arbitration to any court having jurisdiction there of. The client shall pay all arbitration and court costs, DPPS’s reasonable legal fees, and expenses, and legal interest of any award or judgment in the event of any award or judgment in favor of DPPS., or (2) adjudicated in Houston under the laws of Texas. The Client shall pay all court costs, the Photographer’s legal fees, and expenses, and legal interest on any award or judgment in the event of any award or judgment in favor for DPPS. Client hereby expressly consents to the jurisdiction of the Federal courts with respect to claims by DPPS under the Copyright Act of 1976, as amended.