Introduction:
These terms of service (the “Terms”) govern the use of photography and videography services (the “Services”) provided by Ben Cook Creative (the “Company”). By using the Services, you agree to be bound by these Terms. If you do not agree to these Terms, you may not use the Services.
Services:
The Company provides photography and videography services for various events and occasions, including but not limited to weddings, parties, corporate events, and portraits. The Company will capture and deliver photographs and videos of the event in accordance with the package selected by the client.
Payment:
Payment for the Services is due in full before the event or session begins. The Company reserves the right to refuse service if payment is not received in a timely manner. If the client cancels the service, the deposit will not be refunded.
All invoices outstanding after 14 days will have a 20% late fee added on top of the remaining balance and will be lodged with a debt collector, whose fees will be paid for at the client’s expense.
If you are having trouble or issues with paying your invoice, don’t hesitate to get in touch with us as soon as you are aware prior to the due date, so we can work out a solution that works for you or your business.
IMAGE ARCHIVING
After every session, we will do a double backup of all images AFTER they have been edited. Then the FINAL EDITED IMAGES will be uploaded to Dropbox for 3 months.
If the client loses their Dropbox link WITHIN the 3 months it is online and requires a new link, they can send us an email and we can re-link the image album. If the client requires a link to images which have been ARCHIVED after the 3 month period, these will cost an additional fee to be unarchived and re-uploaded for an additional 3 months.
Copyright:
The copyright of all photographs and videos taken by the Company remains with the Company. The client is granted a non-exclusive license to use the photographs and videos for personal use, including but not limited to printing, sharing on social media, and displaying in their home. The client may not use the photographs or videos for commercial purposes without the express written consent of the Company.
Delivery:
The client will receive the final photographs and videos within a 2 week time frame of the event or session, unless state otherwise. The Company will deliver the photographs and videos in the format specified by the client.
Limitation of Liability:
The Company shall not be liable for any indirect, incidental, special, or consequential damages arising out of or in connection with the Services or these Terms.
Governing Law:
These Terms and the provision of the Services shall be governed by and construed in accordance with the laws of Australian law, without giving effect to any principles of conflicts of law.
Entire Agreement:
These Terms, together with any additional terms to which you have agreed, constitute the entire agreement between you and the Company regarding the use of the Services.
Contact:
If you have any questions about these Terms, please contact the Company at [email protected].