Terms and conditions
By placing an order through this website, you (sometimes referred to herein as “Client”) are agreeing to commission I Need Photos For My Business (sometimes referred to herein as “INPFMB”) 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 INPFMB under the Terms of Service include various photography services ( “Services”) and Images, which means all viewable renditions furnished by INPFMB hereunder, whether captured or stored in photographic magnetic, optical, or any other medium whatsoever.
INPFMB reserves the right to update and change the Terms of Service by posting updates and changes to the website. You are advised to check the Terms of Service from time to time for any updates or changes that may impact you.
By placing your order with INPFMB, you acknowledge that you have read, agree with and accept all of the terms and conditions contained in this Terms of Service agreement.
These Terms of Service shall be governed by and interpreted in accordance with the laws of Canada without regard to principles of conflicts of laws. The parties irrevocably and unconditionally submit to the exclusive jurisdiction of the courts of Canada with respect to any dispute or claim arising out of or in connection with the Terms of Service.
You acknowledge and agree that INPFMB may amend these Terms of Service at any time by posting the relevant amended and restated Terms of Service on our website, and such amendments to the Terms of Service are effective as of the date of posting. Your continued use of the services after the amended Terms of Service are posted to our 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 INPFMB.
You may not use our 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 website. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the website.
You understand that personal identification information, which may include your name, business name, contact information and other information you may provide to INPFMB (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.
Clients may not assign or transfer this agreement or any rights granted hereunder. This agreement binds and inures to the benefit of INPFMB. Clients, 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.
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.
You expressly understand and agree that INPFMB 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 of our services or any purchased images.
In no event shall INPFMB 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 (however 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 INPFMB.
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.
INPFMB 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 us will meet your expectations.
Client represents, warrants and covenants that:
It has full power and authority to enter into and perform its obligations hereunder.
Any Client products comply with all applicable laws, rules and regulations and does not infringe any third party’s rights.
Client products submitted to INPFMB or utilized with services do not contain any hazardous materials that may otherwise INPFMB personnel.
It is the owner or authorized licensee of all Client products.
It will safeguard all passwords, user IDs and other measures to control access to the services.
It has taken reasonable measures to ensure the security of any electronic devices, including Client’s personnel-supplied personal devices, used by Client or its personnel to access the website or place an order with us.
The Services and Products are provided “AS IS” and “As Available” and to the extent permitted by applicable law, neither INPFMB nor any of it’s personnel makes any other warranties, Express, Implied or Statutory regarding the services or images contemplated hereunder.
All Implied warranties as to performance, fitness for a particular purpose, merchantability and non-infringement are expressly disclaimed. Neither INPFMB nor its personnel warrant that the processed images will be error-free. Client shall indemnify, defend and hold INPFMB 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:
Client’s breach or alleged breach of these Terms of Service.
Client’s property, except to the extent due to acts or omissions of us.
Claims that the Client property or any images produced of such property, 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.
Simply, if you don’t tell us how to photograph it, then we will photograph it the way we see it fits using our creativity and imagination. 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, if you told us how to shoot it and we shoot it in a different way then we will redo it free of charge.
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.
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. drawings, illustrations, tear sheets, cell phone images, reference URLs are required to help guide the photographers.
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.
The client is allowed two reviews after the images have been delivered
If no example or “guide images” are provided then the client loses the right to a refund.
Clients will be given an opportunity to approve or disapprove images at the conclusion of the photoshoot and only after all images are posted for Customer download by responding to the email indicating that shooting has been completed (the “Approval Email(s)”).
Failure to respond for any reason within 30 days to the “Request For Approval Emails” will result in those images being automatically approved.
Once an image is approved by the customer then no future refunds can be issued or complementary redos, retouching or changes are allowed.
In the event clients disapprove of an image, they must express in writing specifying the objective reasons for disapproval. Because photography is a visual medium, it is advised to use visual mark-ups. If Customer requests a reshoot or Redo because of their dissatisfaction with lighting elements of an image, then we will attempt to fix the image using retouching at no additional cost. If we reshot or retouched an image twice and Client still disapproves of the image and the image still fails to meet the Objective Criteria of the Materials provided by the client, then we will work with the client to find a mutually acceptable remedy, which may include a complete refund of the purchase price. If the image cannot be sufficiently corrected to Client’s satisfaction using retouching then we have the choice to reshoot the image complementary or charge the Client for the cost of a new photo.
INPFMB 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 the Client is strictly prohibited. Once an order is refunded then that part of the order is closed and no further adjustments or changes can be made.
To ensure we are able to produce the highest possible quality image, Client agrees that all products provided for shooting will be in substantially similar condition as those appearing in the Client’s provided Materials. This includes, but is not limited to color, size, label position and content, packaging, etc.
We are not responsible for any damage or loss to products provided by Client for photographing unless such damage or loss occurs while the product(s) is in actual physical possession of us.
Customer agrees that we will photograph the item in the condition in which it arrives to us. In the event the product arrives at our location in a condition which does not materially match that which is evidenced in the Client provided Materials, we will use reasonable efforts to contact the Client and request a new sample product more closely matching that appearing in the Materials. However, we are not liable for photographing the product as received. Any Client disapproval will be subject to the Refund, Revision, Image Approval/Disapproval Policy.
In the event a provided product contains minor flaws (i.e. minor discolouration, dings, dents, scuffs, etc.) we may, at its option retouch the images at no additional cost to the Customer, however it is under no obligation to do so.
Props are defined as items other than the product to enhance the photo.
Clients must provide all props for the photograph. Clear direction is required as described earlier.
It is as Simple as this: Clients may request a refund on unshoot images, if we spent the time to shoot the photos you have to pay.
All refunds are issued in the original form of payment and are subject to the processing times and/or fees of the applicable third party financial institution.
Discounts are given based on the volume that is ordered.
All refunds are final and will only be provided at the end of the order.
We retain all ownership rights and copyright of all images that we create of your product, as is common in the photography industry.
Included in the purchase price of your Order is a comprehensive license to your images. Specifically, we grant you a worldwide, royalty free, perpetual license to use and display your purchased images, in an unlimited number of mediums, with unlimited alterations for any promotional and advertising usage you see fit.
You agree that you may not re-license or sell ownership of the images to anyone else. 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. If you are a wholesaler, then you may allow your retailers to use the photos.
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 contact us for the purchase of the copyright from us for an additional fee.
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.
We understand that your business is unique, however your products may not be. To that end, you understand that we may photograph similar products for your competitors if they order images from us. We will never reuse your images for these purposes and will reshoot the products as instructed by those parties, regardless of whether the direction results in images substantially similar to yours.
You agree that INPFMB 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.
After placing an Order, the Client is responsible for arranging shipment of the products to be photographed to any of INPFMB locations that will be sent to the client.
Do not send us or drop off a product before an order is placed.
All costs associated with shipping products to INPFMB are the sole responsibility of the Client. Clients bear the risk of damage or loss until the products are delivered to our address set forth above and accepted by us.
INPFMB 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 INPFMB harmless for any such damage or loss occurring during shipping.
Return shipping of products will be the sole responsibility of the client, the client shall provide INPFMB with clear instructions on the return shipping either through a return label that arrives with the product or paying for the shipping cost, otherwise the products will not be returned. Client agrees that INPFMB is not liable for the disposal of products pursuant to this policy. Client is solely responsible for sufficiently insuring all products during shipping.
Once the products arrive at our location they will be checked for damage, which, if present, will be reported to the Client.
INPFMB is not responsible or liable for any damage or loss 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, weather events, and interruptions, loss or malfunctions of utilities, communications or computer (software and hardware) services.