It is agreed that the following Terms and Conditions set out the total agreement made between the parties and that no variation or modification of this contract shall be effective unless agreed by both parties in writing
“Productpixels”,”the Photographer”, “we” and “us” means trading as Productpixels Photography, and any employees or sub-contractors of Productpixels Photography. “The Client” means any person, body or company with whom Productpixels Photography has an agreement for the provision of services or the supply of goods. “The Client” shall where the context so admits include their respective assignees, sub-licensees and successors in title. “Photographs” means all photographic material furnished by Productpixels Photography, whether transparencies, negatives, prints or any other type of physical or electronic material.
“Image(s)” means all visual representations furnished to Client by Photographer, whether captured, delivered, or stored in photographic, magnetic, optical, electronic, or any other media or mode. Unless otherwise specified on the front of this document, Photographer may deliver, and Client agrees to accept, Images encoded in an industry-standard data format that Photographer may select, at a resolution that Photographer determines will be suitable to the subject matter of each Image and the reproduction technology and uses for which the Image is licensed. 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, or consequential damages. Unless otherwise specifically provided elsewhere in this document, Photographer has no obligation to retain or archive any of the Images after they have been delivered to Client.
Rights: All Images and rights relating to the images, including copyright and ownership rights in the media in which the Images are stored, remain the sole and exclusive property of Photographer. No Usage rights are transferred to Client unless and until Photographer has received payment in full. The images provided by Productpixels is specifically for use on the client’s website or print promotional materials and are not licensed for use as stock photography/resale/sub-licensing through a third party. Upon mutual agreement, permission to use the work for purposes outside the terms of the License maybe granted upon payment of additional fee.
Display: Productpixels may use any images included in this contract in their studio, web site, portfolio, literature, display areas, exhibitions, competitions, advertising, slide shows, commercially or for any other purposes that it deems fit.
Delivery: Productpixels will not be liable for delays in delivering product or services that are beyond their control. Productpixels shall use reasonable endeavour’s to meet any agreed deadlines, and conduct all work at the agreed time and place. The Photographer shall deliver the Digital Photographs by the delivery date stated overleaf. Productpixels standard turnaround time is 7-10 working days for (images 50-100) from the time of project confirmation and excludes weekends and public holidays. The projects / orders undertaken by Productpixels are to be confirmed before 12 pm to guarantee our turnaround time. Rush turnaround is available depending upon the scope of project and current workload. If the client requires the photographs to be delivered within 4 days additional 100% on agreed quotation will be chargeable. Time for delivery shall not be of the essence of the contract. The Photographer shall not in any circumstances be liable to the Client for any loss, whether direct or indirect, or for loss of profit, occasioned by late delivery or on any other grounds whatsoever. Reshoot of the pictures will be charged at 50% of the original agreed price.
Assumption of Risk: Client assumes full risk of loss or damage to or arising from materials /products furnished by Client and warrants that said materials are adequately insured against such loss, damage, or liability. Upon completion of the project, the Customer agrees to collect the products within 60 days, failing which, Productpixels may dispose the products.
Payment: Productpixels reserve the right to require a downpayment or full payment in advance before commencing any project. The downpayment of 50% secures the date, time and services of Productpixels for the and is non-refundable or transferable in the event of cancellation, it being the agreed loss suffered by the photographer due to cancellation. Cancellation less than 4 days before the commencement of photoshoot will result in payment in full. All cancellations must be in writing. Photoshoot that are postponed to a later date will retain the fee as long as the photographer can re-schedule for the new date and time. The photographer will inform the client when any extra cost are incurred. Productpixels invoices are payable upon the receipt of the invoice and not later than net 7 days. Payments due for 30 days or more shall be considered past due and a late charge may apply. Accepted form of payment include: Cash, Cheque, Bank Transfer and Paypal. Prices are subject to change without prior notice. Outstanding Payment is collected upon the customer’s acceptance of his or her proof image.
Custom quote will be provided by Productpixels for items considered to be larger, heavy or oversized. The photographer will try to accommodate suggestions and changes for the photographs; however significant modifications and alterations will incur additional costs.
Image sizes: All image sizes are nominal. The Photographer/s will provide a pleasing colour balance but cannot guarantee exact colour matching owing to anomalous reflectance caused by a combination of certain colours and materials especially man-made fibers. It is sometimes impossible to record on film or digitally the exact colour as seen by the human eye. Unless a rejection fee has been agreed in advance, there is no right to reject photographs on the basis of style or composition.
Retouching: Digital manipulation and artist finishing is available to the Client as an optional extra. Clients should be aware of the exact service specifications included/provided in each retouching, album or printing package or any other services or products requested and provided. Expectations beyond or exceeding what is specifically detailed in the service or product description will be at the fault of the client. The client will then need to upgrade their package or services accordingly in order to achieve desired results or must remove the non-applicable service expectations.
Indemnity: ProductPixels and/or its representatives shall not be liable for any legal action, claim or damages resulting from or arising out of the publication of the photographs, digital data and/or media or by any other use by the Client. The Client shall indemnify ProductPixels and/or its representatives against any claims and/or damages against them as a result of the Client’s use of the photographs, digital data and/or media.
Variation of terms: The terms of this agreement shall not be varied except by agreement in writing with the Client.
Applicable Law: These Terms and Conditions, and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation shall be governed by, and construed in accordance with the laws of Singapore.