Terms and Conditions

Definitions

  • Client – is the person or party deemed to be ultimately responsible for the Company’s Fees.
  • Company – means Mel Noake Advertising & Graphic Design.
  • Fee – means any amount of money paid or payable by the Client to the Company under the Contract and includes any penalty or additional amount.
  • Deep Etching – means the process of removing or providing a transparent background.
  • Product – means the items provided by the Client for the purpose of shooting or styling.
  • Photography Services- are Production, Photography, Styling and Post Production/Retouching.
  • Imagery – means the final photographic or video image files which are provided from the Company to the Client.
  • eCommerce – Imagery shot and retouched for Web usage.  The imagery will be produced accordingly meaning that the images are not prepared at print quality. However we are also commissioned and print or campaign quality.
  • Retouching – Adjustments made to the imagery in post production to enhance the product or background.
  • Flat Lay – Products shot on a flat surface.

2. Acceptance

Upon acceptance of any order by the Client, a binding agreement shall arise between the Client and Company and these terms and conditions shall be deems to be included in such agreement. All representations, statement terms, conditions and warranties (whether implied by statute or otherwise) not embodied herein are expressly excluded to the fullest extended permitted by law.

3. Payments and Fees

Payment terms are cash on delivery (COD). Completed images will be supplied on settlement of invoice unless specified otherwise prior to shooting the job.

4. Per Image Rates

  1. For shoots invoiced at a per image rate a 50% non refundable deposit is required for jobs greater than $500 value and must be paid 7 days prior to job commencing. 
  2. The value of the non refundable deposit can be used toward the purchase of images from the shoot 

5. Half-Day and Full-Day photoshoots

  1. For all location photography bookings, a 20% deposit is to be paid upon confirmation of the booking. All deposits paid will be deducted from the final invoice. Once the deposit has been received, the photographer will reserve the date and time specified by the client, and will not be able to make another reservation. The deposit is not refundable if the reservation is cancelled. The client agrees that the deposit is non-transferable and non-refundable in the event of cancellation by the client. Notification of cancellation must be submitted in writing. A final invoice will be sent out after the photoshoot and is payable within 2 weeks from the date stated on the invoice. The photographer holds the right to retain the images until payment is made in full. Additional charges for extra photography time during the photoshoot shall be charged per hour, and shall become payable within 14 days of presentation of an invoice by the photographer.
  2. Extra costs for a model, styling/sourcing (if required), deep etching and complex retouching will be confirmed at the time of the request.

6. The Client must pay each invoice in accordance with the time stated on the invoice.

7. Freight Delivery

  1. Unless otherwise agreed, the Company requires the Products to arrive by 7 days prior to the shoot date and to be left with the Company for 5 days post the shoot date to allow for colour correction.
  2. Bookings with Products that do not arrive in time will be cancelled and the Client will be required to pay the appropriate Cancellation Fee.
  3. Products not collected after 30 days will be recycled.
  4. Cost of freight to and from the Company, and associated insurance is the responsibility of the Client.

8. Imagery

  1. Standard retouching is included with every job. If a great degree of retouching is desired additional charges may apply. The dress of retouching that constitutes ‘standard’ will be decided upon by the Company.
  2. Unless agreed upon prior to the shoot date, images will be supplied by Wetransfer  within 5 days of receiving payment. Express jobs will incur an additional fee.
  3. Files will be saved by the company for 90 days.
  4. The Company shall retain the right to any finished and final imagery in our promotional and marketing activities, including participation in photographic competitions, use in photographic publications and electronic, printed or other portfolio use.
  5. Images are supplied in jpeg format (.jpg) 
  6. Included rights are for digital and print usage.
  7. RAW format images are not supplied. 

9. Insurance / Liability

  1. The Company will not be liable for any loss or damage occasioned to the Client, its employees, contractors or Products while in transit to, or at the location of the Company.
  2. Whilst every endeavour is made to care for Client’s products, we are not responsible for any loss or damage that occurs during transit or whilst products are in our possession.
  3. The Company is not subject to, and the Client releases the Company from any additional liability, (including but not limited to consequential loss or damage, removal costs or installation cost or liability for loss of use or profit) because of any delay in delivery or fault or defect in the Photography Service provided and in either case the Company will not be liable for any consequential or other direct or indirect loss or damage. 

10. File Storage

  1. Files will be saved by The Company for 90 days before being archived.