Term and Condition - Productpixels

Definitions

1. By placing an order through this website, you (sometimes referred to herein as “you” or “Client”) are agreeing to commission Productpixels to create and deliver photography services and images to you and you are agreeing to be bound by the following terms and conditions (“Terms of Service”). The services offered by Productpixels under the Terms of Service include various photography services ( “Services”) and Images, which means all viewable renditions furnished by Productpixels hereunder, whether captured or stored in photographic magnetic, optical, or any other medium whatsoever.

Productpixels reserves the right to update and change the Terms of Service by posting updates and changes to the Productpixels website. You are advised to check the Terms of Service from time to time for any updates or changes that may impact you. By using our Services after an update has been posted you agree to be bound by the most current version of our Terms of Service.

2. By placing your order with Productpixels, you acknowledge that you have read, agree with and accept all of the terms and conditions contained in this Terms of Service agreement.

Payment:

1. Productpixels reserve the right to require a down payment or full payment in advance before commencing any project. The down payment of 50% secures the date, time and services of Productpixels 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.

2. 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 Paynow. Prices are subject to change without prior notice. Outstanding Payment is collected upon the customer’s acceptance of his or her proof image.

Shooting Direction Policy

Our policy regarding Shooting direction can be summed by like this:

1. If you show us how to shoot your product and we don’t do it that way, then we’ll redo it at no additional cost to you

2. If you don’t tell us how to photograph your product, and you waive the right to direction or change your mind from the original direction then reshoots based on positioning are not complementary.

3. Productpixels will not photograph different versions and let the Client pick which ones they want. The number of Images and shooting direction must be specific at the time of ordering.

Productpixels will not photograph different versions and let the Client pick which ones they want. The number of Images and shooting direction must be specific at the time of ordering.

Product Quality and Resulting Image

1. To ensure Productpixels is able to produce the highest possible quality image, Client agrees that all products provided for shooting will be in substantially similar conditions those appearing in the Client- provided Materials. This includes, but is not limited to colour, size, label position and content, packaging, etc.

2. Productpixelsis not responsible for any damage or loss to products provided by Client to Productpixels for photographing unless such damage or loss is due to Productpixels gross negligence or intentional misconduct while the product(s) is in actual physical possession of Productpixels.

3. Client agrees that Productpixels will photograph the item in the condition in which it arrives at the Productpixels studio. In the event the product arrives at the Productpixels studio in a condition which does not materially match that which is evidenced in the Client provided Materials, Productpixels will use reasonable efforts to contact Client and request a new sample product more closely matching that appearing in the Materials.

4. In the event a product provided to Productpixels contains minor flaws (i.e. minor discoloration, dings, dents, scuffs, etc.) Productpixels may, at its option, retouch the images at no additional cost to the Client, however it is under no obligation to do so.

5. Props are defined as items other than the product to enhancethe photo.

6. Client shall provide all props necessary for Productpixels to deliver the Services. Clear direction is required as described in the “Productpixels General Direction Shooting Policy”.

Turn Around Time & Delays

1. 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.

2. Productpixels standard turnaround time is 7-10 business 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.

3. 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.

4. “Business Days”refers to days that Productpixels is open. Poductpixels is closed Saturdays, Sundays and standard public holidays. Closed days do not count towards the turnaround time because we are not open

5. Productpixels is not responsible or liable for any failure or delay in the performance of its obligations here under arising out of or caused by, directly or indirectly, forces beyond its control, including, without limitation, accidents, acts of war or terrorism, civil or military disturbances, nuclear or natural catastrophes or acts of God, epidemic or pandemic, Government Orders, and interruptions, loss or malfunctions of utilities, communications or computer (software and hardware) services.

6. Reshoot orders will be subject to standard turnaround time.

Image Ownership And Usage & Copyright

1. We retain all ownership rights and copyright of all Images that we create of your product, as is common in the photography industry.

2. Productpixel grant’s you a worldwide, royalty free, perpetual license to use and display your Images, in an unlimited number of mediums, with unlimited alterations for any promotional and advertising usage you see fit.

3. You agree that you may not re-license or sell ownership of the Images to anyone else without our prior written approval in our sole and absolute discretion. This includes reselling the Images or placing them in stock for profit and it is a violation of the copyright agreement. You may, however, allow other retailers such as Amazon or selling sites to use the Images to promote the sale of their products, subject to the licensing terms set forth in these Terms of Service. If you area wholesaler, then you may allow your retailers to use the Images, subject to the same restrictions set forth in these Terms of Service.

4. Productpixels expressly retains all copyright and other intellectual property rights to all disapproved and refunded Images, and any use, display, or other dissemination of disapproved or refunded Images by Client is strictly prohibited.

Copyright Transfer

1. In the event the above described license is insufficient for your purposes (for example, if you intend to sell the copyright) and you feel that you still need complete copyright ownership of your Images, then you may purchase the copyright from us for an additional fee per Image. In the event you purchase the copyright from us, we retain a perpetual, royalty-free worldwide license to use, display or disseminate the Images. However, if you are concerned about us sharing the Images without your consent, we are more than happy to agree to not share them on our website or with anyone else without your approval.

2. Copyright transfer agreements will be created by Productpixels at the end of the order as they require a contact sheet of the Images being transferred.

3. Productpixels is not responsible for pursuing copyright violations of the Images of your products. You agree that, if you determine a third party is using, displaying or disseminating your images without your consent that you are responsible for enforcing your rights and pursuing action for any copyright violations.

4. You agree that Productpixels may use all Images for its own promotional and marketing purposes including all social media posts unless you have expressly prohibited us from doing so in writing.

Image Sizing & Resolution

1. Productpixels delivers images in 3000px by 3000px in 300 dpi for all orders. If you require a specific size & resolution, please check with us prior to any order is placed.

2. Productpixels shall not be responsible for resizing or reformatting Images to fit your specific uses. Generally, Images are delivered in large format to enable you to use them for most standard purposes (for example, on a website, in a catalogue, printed in a magazine, etc.)

3. Please note that Productpixels does not deliver layered PSD files. The.tiff format carries all the same properties of a PSD file but at a smaller file size. Productpixels 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.

4. Productpixels also will not deliver raw files. Raw images are the first step of a multi- step creation process and remain the sole property of Productpixels. Productpixels uses advanced retouching methods farbeyond a single capture image, often blending multiple raw files with many layered photoshop elements to achieve the final image which will be delivered to you.

Image Retouching

1. Basic Retouching Included In Base Price:

1. Remove background so it is white around the outside of the product.

2. Removing dust and basic scratches on the products.

3. Enhancing the natural colour & contrast of the product.

4. Fixing a small dent in a box.

2. Advanced Retouching (Not I ncluded In The Base Price)

1. Retouching product into a different background or environment.

2. Photographing a blank product and adding a fake label

3. Fixing a big scratch that goes through text where we have to recreate the text.

4. Changing the colour or texture of the product.

5. Re-creating packagingthat has been crushed in shipment.

6. Copying one element from one photo into another. Like photographing one lid and copying into a different productwithout a lid.

7. Creating or manufacturing parts of a product that does not exist.

8. Advance retouching rate varies depending on the complexity of additional retouching required.

Image Retouching

1. Images will be delivered Dropbox “dropbox” a cloud-based photo delivery platform.

2. Productpixels makes no claim and accepts no responsibility regarding the quality, nature or reliability of the dropbox. You are responsible forviewing and abiding by the dropbox privacy statements and terms of use.

Products delivery and return

1. After placing an Order, Client is responsible for arranging shipment of the products to be photographed to Productpixels at:
PRODUCTPIXELS
40N East Coast Road
Singapore 429090

2. After the images have been delivered and the remaining invoic has been paid, you can schedule a pick-up from the Productpixels Studio.

3. Products which are not collected withing 3 months of the quoteb approval date will be disposed without further notice.

4. All costs associated with shipping products to Productpixels are the sole responsibility of the Client. Client bears the risk of damage or loss until the products are delivered to Productpixels address set forth above and accepted by Productpixels.

5. Productpixels is not responsible or liable for any damage or loss that occurs to the products during shipping. Client warrants that the products are adequately insured against damage or loss and agrees to hold Productpixels harmless for any such damage or loss occurring during shipment to Productpixels. .

Disputes

1. Client may not assign or transfer this agreement or any rights bgranted hereunder. ,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.

2. The parties agree to use their best efforts to resolve any dispute between them related to the obligations set forth in these terms by good – faith negotiation and mutual agreement. However, in the event that the parties are unable to resolve any dispute, then Client’s sole remedy shall be the refund of the total fees actually paid by Client to Productpixels for the Order in dispute. Client agrees that it shall have no further recourse or remedy against Productpixels for any claim arising from or related to an Order, the Images, these Terms of Service or inany other way related to the relationship between Client and Productpixels.

General Conditions

1. 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.

2. You acknowledge and agree that Productpixels may amend these Terms of Service at any time by posting the relevant amended and restated Terms of Service on Productpixels website and such amendments to the Terms of Service are effective as of the date of posting. Your continued use of theservices after the amended Terms of Service are posted to Productpixels website constitutes your agreement to, and acceptance of, the amended Terms of Service. If you do not agree to any changes to the Terms of Service, do not continue to use the service or place any orders with Productpixels.

3. You may not use the P roductpixels website for any illegal or unauthorized purpose nor may you, in the use of the website. You will comply with all applicable laws, rules and regulations in your use of the P roductpixels website. You agree not toreproduce, duplicate, copy, sell, resell or exploit any portion of the website.

4. You understand that personal identification information, which may include your name, bus iness name, contact information and other information you may provide to Productpixels (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

Limitation of Liability

1. You expressly understand and agree that Productpixels shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses resulting from the use of or inability to use the Productpixels services or any purchased images.

2. In no event shall Productpixels be liable for lost profits or any special, incidental or consequential damages arising out of or in connection with our images, our services or these Terms of Service (how ever arising including negligence). You agree to indemnify and hold us and (as applicable) our subsidiaries, affiliates, partners, officers, directors, agents, employees, and contractors harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of these Terms of Service, your violation of any law or the rights of a third party or your use of any images purchased from Productpixels.

3. Your use of the website and placement of an Order is at your sole risk. Except for the limited warranties set forth herein, services and images are provided on an “as is” and “as available” basis without any warranty or condition, express, implied or statutory.

4. Productpixels does not warrant the results that may or may not be obtained from the use of any images and does not warrant that the quality of any images, services, information, or other materials purchased or obtained by you from Productpixels will meet your expectations or that the Images will be fit for any particular purpose even if you have informed Productpixels of such purpose.

5. Unless due to the gross negligence or intentional misconduct of Productpixels, Productpixels total liability to Client arising from the Services, Images, and these Terms of Service shall not exceed the amount of the total fees actually paid to Productpixels by Client in the six (6) months preceding the date any such potential dispute arose.

Indemnification

Clientshall indemnify, defend and hold Productpixels and its officers, directors, shareholders, agents, employees, subcontractors, licensors and affiliates and their officers, directors, shareholders, agents and employees harmless from and against any and all claims, liabilities, damages, losses, costs and expenses (including reasonable attorneys’fees) arising directly or indirectly out of or relating to: (i) Client’s breach or alleged breach of these Terms of Service; (ii) Client’s property and the products Client provides to Productpixels or (iii) claims that the Client property, products or any Images produced of such property or products or any portion thereof infringes, misappropriates, or violates any third party’s copyright, trade secret, trademark or other proprietary or privacy right or other law.