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Terms and Conditions

TERMS AND CONDITIONS



 

Please read this Terms of Service Agreement carefully. By using this website or ordering products (the “Products”, the “Service”) offered by Jannat Alam Photography you agree to be bound by all the Terms and Conditions (“Terms”, “Terms and Conditions”) of this Agreement.

 

The following terminology applies to these Terms and Conditions and any or all Agreements: “Client”, “You” and “Your” refers to you, the person accessing this website and accepting the Company’s terms and conditions. “The Company”, “Jannat Alam Photography”, and “JA Photo.” refers to our Company. Collectively, all of the above people or businesses entering this Agreement will be referred to as the “Parties.” All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner, whether by formal meetings of a fixed duration, or any other means, for the express purpose of meeting the Client’s needs in respect of provision of the Company’s stated services/ products, in accordance with and subject to, prevailing English Law. Any use of the above terminology or other words in the singular, plural, capitalization and/ or he/she or they, are taken as interchangeable and therefore as referring to the same.

 

AGREEMENT

 

This Terms of Service Agreement (the “Agreement”) governs your use of this website, [www.JannatAlam.com] (the “Website”), Jannat Alam Photography (“JA Photo.”) offer of products for purchase on this Website or your purchase of products and services offered by JA Photo. This Agreement includes, and incorporates by this reference, the policies and guidelines reference below. JA Photo. will alert you that changes or revisions have been made by indicating on the top of this Agreement the date it was last revised. The changes or revised Agreement will be effective immediately after it is posted on this Website. Your use of the Website following the posting of any such changes of a revised Agreement will constitute your acceptance of any such changes or revisions. JA Photo. encourages you to review this Agreement whenever you visit the Website to make sure that you understand the terms and conditions governing use of the Website.

 

This Agreement applies to any photograph, graphics, digital images and floor plans created or taken by Photographer and delivered to the Client (collectively known as “Photos”) for the property “Property”. This Agreement governs the relationship between the parties and in no event shall any  email communication or exchange, amend or otherwise modify the terms of this Agreement unless agreed to in writing.

 

PRODUCTS

 

Terms of Offer. This Website offers for sale certain products (the “Products”). By placing an order for Products through this Website, you agree to the terms set forth in this Agreement. If you wish  to purchase any product or service made available through the Service (“Purchase”), you may be asked to supply certain information relevant to your Purchase.

 

If the Client wishes to hire Jannat Alam Photography (the “Vendor”) to provide services relating to the Client’s Real Estate, the Client will receive a detailed invoice of the services to be provided and the price of purchase. As detailed in the invoice provided to the Client, the Vendor will agree to provide such services according to the terms of this Agreement.

 

SERVICES

 

Vendor shall provide Client with the Photography Services and/ or products (“Services”): detailed in the delivered invoice. Vendor will provide all Photography Services by the agreed upon booking date unless otherwise specified in this Agreement.

 

COST, FEES AND PAYMENT

 

Cost. The total (“Total Cost”) for all Services will be indicated on the delivered invoice and is due in full on receipt of the products. Client shall pay a Total Cost to Vendor as follows:

 

50% of the total due x days after the invoice, in the amount indicated on the invoice provided

50% of the total due on receipt of the product, in the amount indicated on the invoice provided.

 

In order to reserve JA Photo. for the date of the capture, Clients must agree to this agreement and pay a non-refundable 50 percent retainer of the total cost of the Services to be provided by JA Photo. By agreeing to this agreement, Clients agree to be legally obliged to all terms herein. Clients shall each be jointly and severally liable under this agreement for the obligations of Clients hereunder.

 

ARTISTIC STYLE

 

Clients acknowledge that JA  Photo. requires and retains discretion concerning the services to be provided [i.e. composing, lighting, camera choice, lens choice, editing etc]. Clients acknowledge and are familiar with JA Photo.’s portfolio and stylistic choices, yet recognises that the art form consistently evolves, is artistic in nature, and yet is different from past artistic work by JA Photo. In the creation of the final product for Clients, JA Photo. Reserves the right to artistic choices that fall within the boundaries of agreed upon services and terms.

 

IMAGES SELECTION PROCESS & EDITING

 

After the date of the capture and completion of the capture days services, the photos created from the day are subject to a careful selection process by JA Photo. JA Photo. reserves the right to strategically choose the ideal photos to Clients. All culling and editing is under the complete control and authority of JA Photo. JA Photo.  does not guarantee a minimum number of photos to be delivered to Clients unless otherwise stated in the invoice provided to the Client.

 

RAW PHOTOS

 

Under no circumstances will JA Photo. allow the delivery of RAW photos to Clients. All delivery of digital images will be in .jpeg format via an online gallery.

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PHOTO/ DATA ARCHIVING

 

JA Photo. deletes all RAW photo files one week after the delivery of the final edited .jpeg files to Clients. Once the .jpeg files are delivered to Clients via an online gallery, Clients are responsible for downloading and saving the delivered data in multiple places to ensure the safety of all edited photos.

 

JA Photo. may select delivery of photographs in .jpeg, tiff, png, or other standard format, at a resolution that JA Photo. determines will be suitable for the Photos as licensed. It is the Client’s responsibility to verify that the Photos are suitable for reproduction and that if the Photos are not deemed suitable, to notify JA Photo. within five business days. JA Photo.’s sole obligation will be to replace the Photos at a suitable resolution but in no event will Photographer be liable for poor reproduction quality, delays, or consequential damages.

 

Unless otherwise specifically provided, JA PHOTO. is not responsible to provide images [1]  larger than 300dpi or [2] in a format higher than 8-bit or RAW format. JA Photo. has no obligation to retain or archive any Photos delivered to the Client.

 

LOCATION ACCESS, FEES, PERMITS

 

If Clients choose to shoot at a location that charges for access and/or permit photography, Clients shall be responsible for all fees associated with shooting there, including but not limited to entrance fees and parking. Clients shall also be responsible for organising access to location on any permits required for doing so.

 

PREPARATION OF A PROPERTY

 

JA Photo. will provide guidelines to the Client for the preparation of a property prior to a capture. It is the Client’s responsibility to follow the guidelines provided, and to ensure a property is prepared for the capture before the scheduled time. JA Photo. will not be responsible for tidying or cleaning the property during the duration of the capture. Client’s agree that JA Photo. and/or hired contractors will capture the property as presented and will not be held responsible for photos showcasing a property as unmarketable.

 

EXCLUSIVITY

 

JA Photo. [and hired professional contractors] will be the only professional photographer[s] photographing at the time of the capture if hired to photograph the property.

 

CAPTURE DATE CHANGE

 

In the event that the Clients terminate or change the date of the capture after the scheduling of the date and/or the delivery of the invoice, the following shall occur:

 

If the Client had made the Vendor aware via email or telephone and confirmed by JA Photo. up to 24 hours in advance of the original capture date, then JA Photo. will arrange for [1] a rescheduled date for the capture of the property subject to availability, or [2] the Client may elect instead to terminate the agreement subject to the following: JA Photo. shall refund all payments made by Clients including a full refund of the 50 percent retainer.

 

If the Client fails to inform the Vendor up to 24 hours in advance, and the cancellation/ rescheduling request is not confirmed by JA Photo. the 50 percent retainer will not be refunded, and the agreement of the capture will be terminated. 

 

CANCELLATIONS

 

In the event of a Cancellation JA Photo. will arrange for [1] a rescheduled date for the capture of the property subject to availability, or [2] 50 percent retainer will not be refunded, and the agreement of the capture will be terminated. 

 

JA Photo. will not be held responsible for the change of the capture date and reserves the rights to Cancel a capture under the following circumstances: 



 

[1] Access Issues. It is the Client’s responsibility to ensure access is provided to the property listed for the capture. This is including but not limited to: timely access to the property within 15 minutes of the scheduled time, the correct key provided, the agent or tenant present at the property within 15 minutes of the scheduled time. If access to the property exceeds the length of 15 minutes, JA Photo. reserves the rights to cancel the capture. 

 

[2] Wrong Address Listed. It is the Client’s responsibility to ensure that the details provided to JA Photo. at the time of booking is correct. JA Photo. cannot guarantee for the capture to proceed if the address provided is incorrect.

 

[3] Untidy Properties. Prior to a capture JA Photo. will provide guidelines to the Client for the preparation of a property. It is the Client’s responsibility to ensure a property is well dressed and suitable for a capture. Upon arrival, if JA Photo. deems a property to be unmarketable under the conditions presented, JA Photo. will discuss the situation with Clients, and if the situation is not resolved, JA Photo. reserves the right to withdraw from capturing the Client’s capture. JA Photo. will not be held responsible for the change of the capture date, or the results of the capture if the property had been deemed unmarketable.

 

[4] No Electricity. It is the Client’s responsibility to ensure a property has electricity at the time of the capture. JA Photo. cannot guarantee any services to be completed in the event that no electricity is present during the capture time.

 

[5] Other Contractors or persons present at the time of the capture. JA Photo. [and hired professional contractors] will be the only contractors present at the time of the capture if hired to photograph the property.

 

[6] Safety Concerns. If JA Photo. and/or hired contractors feel unsafe or deem a property to be unsafe for a capture, including but not limited to a property being under construction, exposed wires, pests and vermin infestations etc. J.A Photo reserves the right to cancel the capture. 

 

[7] Delays lasting up to 15 minutes after booking time. JA Photo. will allow for a 15 minute buffer after the start time of the scheduled booking to allow for any issues to be resolved in order for a capture to be considered to proceed. After the set 15 minute wait time JA Photo. will proceed with [1] rescheduling or [2] canceling the capture.  


 

SUBSTITUTION

 

In the highly unlikely event that JA Photo. [and/or hired professional contractors] cannot complete the responsibilities governed by this agreement due to illness, death, fire, act of God, or other even beyond the control of JA Photo., the following shall occur: JA Photo. will arrange for [1] a rescheduled date for the capture of the property, or [2] an adjustment to either the fee amount or the contents of Clients’ choice of services. If the Clients defer the offer, they may elect instead to terminate the agreement subject to the following: JA Photo. shall refund all payments made by Clients including a full refund of the 50 percent retainer.

 

COPYRIGHT

 

All digital photo edits shall remain the exclusive copyrighted property of JA Photo. to be used both publicly and privately. This copyright includes but is not limited to online use.

All Photos and rights relating to them, including copyright and ownership rights in the media in which the Photos are stored, remain the sole and exclusive property of the Photographer. This license provides the Client with the limited right to reproduce, publicly display, and distribute the Photos only for promotional or advertising purposes directly related to the sale of the Property. Photos used for any purpose not directly related to the sale of the Property must be with the express permission of the Photographer and the payment of additional fees, unless otherwise agreed to in writing.

 

Photos may be uploaded to any listing service solely for the promotion of the Property during the pendency of this Agreement. However, regardless of any terms and conditions of listing services, at no time does this Agreement provide Client with the right to transfer copyright, or any other exclusive rights as provided by the Copyright Act. Photos may contain copyright management information at the discretion of the Photographer in the form of either 1) a copyright notice © and/or 2) other copyright and ownership information embedded in the metadata or elsewhere, unless otherwise agreed to by the Parties. Removing and/or altering such information is prohibited and constitutes violation of the Copyright Act and Client will be responsible to the Photographer for any penalties and awards available under the stature. Client is responsible for ensuring that the Photos are removed from the listing services at the expiration of this Agreement.

 

Unless otherwise specifically provided elsewhere in this document or other signed agreement between the parties, any grant of rights is limited to a term of either (1) year from the date of this Agreement, or (2) at the termination of Client’s representation of the Property, whichever occurs first. Further use of images beyond one (1) Year requires Photographer’s permission and additional fees. Rights are assigned to the Client immediately upon delivery of the Photos.

 

COOPERATION

 

The parties agree to cheerful cooperation and communication for the best possible result within the definition of this assignment. This cheerful cooperation and communication hereby includes all times before, during, and after Clients’ capture. Clients understand that JA Photo. keeps a busy schedule before and after Clients’ capture, including the projects of other clients.

 

The parties agree that Photographer is an independent contractor, and that neither Photographer, nor Photographer’s employees or contract personnel are, or shall be deemed to be, employees of Client. No agency, partnership, joint venture, or employee-employer relationship is intended or created by this Agreement. Neither party is authorised to act as agent or bind the other party except as expressly stated in this Agreement. Photographer and the Photos or any other deliverables prepared by Photographer shall not be deemed a work for hire as defined under Copyright Law. All rights granted to Client are contractual in nature and are expressly defined by this Agreement. 


 

HARASSMENT

 

JA Photo. will not tolerate any form of harassment from Clients, those associated with Clients, persons representing Clients guests, vendors and/ or any other persons present before, during, or after Clients’ capture. If JA Photo. and/or hired contractors feel uncomfortable or threatened due to verbal, physical, or sexual harassment of any kind at Client’s capture, JA Photo. will discuss the situation with Clients, and if the situation is not resolved, JA Photo., reserves the right to withdraw from photographing Clients’ capture and will not be held liable for reimbursement of any monies paid.

 

LOST ITEMS

 

JA Photo. is not responsible for items lost by Postal Service/FedEx/UPS or invalid stamps and/or addresses on contact forms.

 

CREATIVE RELEASE

 

JA Photo. will document the event that transpires based upon prior communication between the agent and JA Photo. JA Photo. will act in the best interest of Clients’ capture and the preservation of JA Photo.’s creative vision. In doing so, JA Photo. will try its best to capture the property as presented, but cannot guarantee specific images or comprehensive coverage.

 

BREACH

 

In the event that any breach of this agreement occurs by the Clients. JA Photo. shall be entitled to terminate the agreement of any capture with the Client and retain the retainer and any other monies paid by the Client hereunder.

 

REQUIREMENTS

 

Before the service, the Vendor will provide instructions on how to prepare the Property for the best results. The Client is the only responsible for the adequate preparation of the Property. These preparations include cleaning of all the space, cleaning of the pool, cutting of the lawn, and removing any personal items. It is the Client’s obligation to prepare the Property before the arrival of the Photographer. In no event, JA Photo. will be liable for inadequate presentation.

 

In the event the Property is not suitable for the capture, JA Photo. has the right to refuse to capture the property and hold the 50 percent retainer/ charge x percent of the fee, or capture the Property as presented.

 

TURN AROUND TIME

 

Normal schedule for web photography gallery or processed .jpeg files is [48 hours] plus any retouching. There is a 50% additional charge for 24-hour service, and 100% added charge for same day service, plus retouching time.

 

RETOUCHING

 

Post-processing of photos includes basic cleanup (color correction, profile correction and straightening) in the file charge. Any additional retouching request by the Client will be billed at 200.00 per hour.





 

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