Terms and Conditions

Legal Definitions

 

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

 

How Should We Shoot Your Product?

In the comments section under the Contact Us tab, please give us an idea of how you want the product shot. If we shoot it the way you tell us and you want something different than that, then you maybe billed for the new photograph because we’ve already spent time shooting it the original way you told us. All products will be shot on a white background as a standard.

The client may provide an example on how the product is shot. i.e. photo or video example. If no example is provided either in the notes under the contact form or in an email, then the client may lose the right to a refund if unhappy with the final image(s) However we will work with our clients to try and obtain the best images possible for our clients product.

 

100% Refund Policy, Revisions and Image Approval/Disapproval

The client will be given the chance to approve or disapprove an image. The product in the disapproved image may be re-photographed or re-retouched up to 2 times or the client may choose to receive a 100% refund minus a 25% creative fee charge.

Disapproval must be expressed in detail by email and very specific changes must be made clear. If the disapproved image has been re-photographed or re-retouched 2 times or more, the photographer may choose to refuse additional changes and issue a full refund or close the job. If this happens, there will be a creative fee charge of 25% of the total price of the job.

 

All images will be watermarked until approval and purchase of the images.  Usage of the image constitutes approval of the images. The client may not request a refund, changes or re-shoots after the client has approved the final images. Images not downloaded after 30 days will be considered orphaned, the product forfeited and job closed.  If they are not downloaded within 30 days, the photos will be deleted from our servers.

Images that are disapproved are no longer liable to the 7 business day turnaround time or 3 day rush time. Disapproved images will be redone in 5 business days or less from the time detailed directions are received.

 

Customer Photo Selection Process

Once all photos of the customer product are shot, all images will be uploaded to the customer portal under the Client Viewing tab on the COP website.  COP will notify the customer by email that photos are now able to be viewed and selected. The customer portal will be pass code protected and COP will provide the pass code to the customer for viewing and selecting.  Each photo will be assigned a number. The customer shall select a photo and state how many of said photos are needed and provide COP with the photo number by email. Once the customer makes the selection, the customer will then proceed to the payment option on the COP website. When payment has been confirmed, selected photos will then be edited.

 

Product Quality/ Resulting Image

COP will photograph the item as it arrives at the studio.  If the item has flaws, miss-labeled, “waves” in the labels, nicks in the package or product, inherent damage, or any other shipping damage, we may contact the client to inquire what is to be done. i.e. shoot or return the product. 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. COP may retouch certain minor flaws inherent in the product but may require additional payment by the client if damage or flaws are too extensive.

COP may provide propping for a photo depending if we have such props available.

 

Pre-approved Images

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

If the client requests a re-shoot or re-retouching of an aspect of a photograph that was defined by the pre-approved image as acceptable, then additional charges maybe incurred at the rate for a re-shoot.

 

Turn Around Time & Delays

Turnaround times begin upon the arrival of the products to the COP Studio. COP will make every reasonable attempt to deliver the pictures within a reasonable amount of time. COP will not be held responsible for delays due to act of God or terrorism. Ten (10) day turnaround time refers to 10 business days, specifically Monday – Friday.

Seven (7) day rush turnaround time refers to 7 business days, specifically Monday – Friday.  If the rush turnaround time is not met than, the order will change to a (10) day order and a refund for the additional rush fees will be refunded. If the (10) day turnaround time is not met, then the client may ask for a 50% refund on the 11th day.
Standard and Rush turnaround times are only applicable on orders under 100 items each. Meaning "Each" item once shooting has begun, the turnaround time will begin. On orders where there are 100 or more items to photograph the turnaround time will vary and is based on the total number of items to photograph and the difficulty. In this case, items photographed will be sent in burst of 20 photos to the clients portal. Email notifications will make the customer aware that there are new photos ready for download. This process will continue until the entire order is complete.
 

Payment

Once the customer has notified COP of their selection of photos to edit, COP will send confirmation to the customer that their selection was received. Upon the confirmation, the customer must make payment through the COP website for the selected photos. Once payment has been confirmed by COP, editing of customer product photos will begin. If the customer does not make a timely payment, this will affect the 10 day or 7 day rush turn around time. Rushed orders are only applicable to 7 day turn around times.

 

Image Ownership and Usage & Copyright


COP will maintain ownership over the copyright.  COP grants world-wide, unlimited usage rights for an unlimited amount of time, in unlimited mediums and alterations for promotional and advertising usage for the client that made the order.  This is the most usage that can be given and it is included in the price. However, the client may not re-sale/ give away any image created by COP to any person, company, or corporation that sales or creates similar products for use outside of the clients company for the purpose of allowing other company to promote their business without the express written consent of COP.  This outside company would be considered by COP to be a third party and subject to pay cost of usage rights to COP.  If this is done, the client may be asked to pay more usage rights cost and/or sued by COP for any damage or loss of income due to third party use.

Without ownership the client 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 the client feels they still need the copyright, COP may sell the copyright up to 75% of the additional cost of $100 per image.  However, if you don’t plan on marketing the image(s) for an indefinite time, then this may not be the right option for the client.

However, COP reserves the right to use client photos to promote COP product photography services to other customers. COP will not, however, sell or allow any 3 party outside of COP to use customer product photos to help promote any other company or to a competitor of the customer.  We are more concerned about you having a positive experience with us than sharing your images.  

 All photographs and rights remain the exclusive property of COP.  Ownership is different from usage and the client is given world-wide, unlimited usage rights for an unlimited amount of time, in mediums and alterations for promotional and advertising usage of the company that made the order. The client may not, however, re-license or sell ownership of the images to others as their own, license the images to others or give images to others for 3rd Party Usage.  This includes reselling the images or placing them in stock for profit and it is a violation of the copyright agreement.  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 COP will not provide the exact images to the client competitors.  This is a violation of copyright and COP can issue a cease & desist order on behalf of the client in this case.

If a competitor hires COP 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.  If the client wants to purchase the copyright, it is available for sale at the end of the photoshoot for an additional $100 per photo. COP may sell up to 75% of the copyright on all images. COP will not share or distribute images that the customer has explicitly noted in an email that we should not share.

 

Image Sizing & Resolution

COP delivers an image that is a full resolution Tiff.   The Tiff file is the universal industry accepted high-resolution format. As a standard, images are color matched to the product, retouched for dust and scratches, skewed to be straight. Reflections are gradated to white no more than 25% below the product. Images are flattened and paths/clipping paths around the product can be found in the paths menu if ordered.

Format:                     High Resolution Tiff

Compression:           LZW

Width/Height:          Largest possible File Size, no smaller than 3000px on any side. 

Color space:             Web-ready sRGB

Background:            255/100% white around the product

COP will not be held responsible for resizing or reformatting images to fit the clients wide range of possible uses without a cost being applied.  The image sizes are delivered in large format to enable the majority of these standard uses i.e. on a website, in a standard sized catalog or printed in a magazine.

The images are delivered large enough for printable uses of a maximum of size of 8.5×11 inches with a print resolution of 300dpi and a minimum size as limited by a standard screen resolution.  Uses of the images larger than this, such as billboard, vehicle clings, large convention displays; may not render or print with the optimal quality and is not covered by COP’s quality guarantee.  However, if COP is notified of uses larger than stated, the image(s) will be created at additional cost to client.  COP will deliver layered PSD files and Jpeg files that are 3000px ready for Amazon, Shopify or Ebay. Simply request the format you prefer. It is highly recommended that only experienced Photoshop users work with PSD and Layered images.
 

Products Shipping, Return Shipping

Shipping cost of products to and from COP is the sole financial responsibility of the client. This will be paid at the time the approval of photos is made and the option to pay is given if the client choose the return shipment option.

COP will not be held responsible for damaged goods in the shipping process.  Return shipping is optional and at the client expense. Payment for return shipment is billed at the time of payment for approved photos for download and returned at same cost in the same manner and with the same shipping service unless otherwise specified in the notes.

An invoice for the return shipping will be sent once the product has physically left the COP studio.  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.

 

Products That Are Not Returned

Return shipment of products is optional and must be requested.  Non-perishable products are stored with COP for 2 weeks.  After 2 weeks, COP shall become the owner of such products and items and maybe disposed of, sold or donated.  Automate emails will be sent at least 2 times prior to product removal.

 

Over-Payment, Under-Payment and Refund Information

If a customer overpays they will be contacted as soon as the error is recognized.  The customer will automatically be refunded the full amount of the over-payment if there is no response for 30 days.

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 photos will be delivered in a non-downloadable format until the difference has been paid or the client indicates which products are to be shot. The client must inform COP in an email the correct products to photograph.   All refunds are made though PayPal to the PayPal account or credit card that it was processed on.

 

 

This Agreement Is Binding

The Client may not assign or transfer this agreement or any rights granted hereunder. This agreement binds and insures to the benefit of COP, 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, any dispute regarding this agreement shall be, at COP’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 thereof. The client shall pay all arbitration and court costs, COP’s reasonable legal fees, and expenses, and legal interest of any award or judgment in the event of any ward or judgment in favor of COP, 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 COP. Client is hereby expressly consents to the jurisdiction of the Federal courts with respect to claims by COP under the Copyright Act of 1976, as amended.

© 2016 Click One Commerial Photography