By accepting this quotation/invoice and/or hiring Zoom Pro Photo the client acknowledges and agrees to all the Terms & Conditions as stated.
(It is in the client’s best interest to read and understand all the terms an conditions.)
1. Definitions
‘ZPP’ means: Zoom Pro photo itself and/or any photographer (s)/employee(s) of Zoom Pro Photo.
Photographer(s)’ and/or ‘digital image(s)’ means: Any product of the photographer(s) or of any process analogous to photography, including but not limited to transparencies, negatives, prints or any other type of physical or electronic material relating thereto.
The package’ means: the package and/or any part thereof as selected by the client.
Client’ and/or ‘customer’ means: The customer(s) and/or brides’ pair and/or direct client(s) and/or the person who accepts this quotation/invoice and/or hired Zoom Pro Photo.
BUR’ means: Base usage rights”, namely where the photographer(s) and/or ZPP is still the copyright owner, but grants an exclusive license for the said period.
2. First ownership of copyright
ZPP will be the author of the photograph(s) and the owner of the copyright subsisting therein in accordance with section 21 (1) (e) of the South African Copyright Act No. 98 of 1978. No image(s) may be published, reproduced, or adapted without the prior written consent of ZPP. Digital image(s) remains the sole property of ZPP.
3. Usage Rights
ZPP herby grants to the client a SOLE LICENSE in respect of the exploitation of the (photographs), as specified in the brief and/or quotation and/or invoice and/or order confirmation.
4. Economic Rights
ZPP shall be entitled to an equitable remuneration for all uses of the photograph(s) crated by ZPP irrespective of whether ZPP is the owner of the copyright therein.
5. Ownership of materials
All photograph(s) shall remain the property of ZPP until the packages has been paid in Full, thereafter ZPP will apply, if applicable. However, ZPP will not be liable for any act stated in clause 15 before and/or after collection. ZPP will also be in a position to sell the package at any price to anyone should the client not collect the package within thirty (30) days after the agreed event took place.
6. Usage
No use may be made of the photograph(s) other than that specified in “Agreement” on usage (BUR)” on the front of this quotation/invoice, unless permission is given in writing from ZPP. Where use is restricted in the agreement, permission to use the photograph(s) for purposes other than those specified will normally be granted upon payment of a further fee, to be mutually agreed upon. The client must obtain written permission from ZPP before the photograph9s) may be used for purposes other than those specified.
7. Exclusivity
ZPP retains the right to use the photograph(s) in any manner at anytime and anywhere in the world for the purpose of advertising or otherwise promoting ZPP’s work. Should ZPP grant the client an exclusive license for use of the photograph(s) for a limited period, ZPP shall be entitled to use the photograph
(s) for any purposes after the period ends. ZPP shall also be entitled to use any of the photograph(s) for promoting ZPP’s work only, even if the digital image(s) has been bought from ZPP.
8. Deposit; Payment; Price
The packages offered by ZPP including the price of each such package (“the package price”), shall vary from time to time at ZPP absolute and sole discretion. Within three (3) calendar days of acceptance of this quotation/invoice, the deposit specified of the full package price is payable by the client to ZPP. These terms and conditions are taken to have been accepted by the client upon a booking being confirmed.
Should the client not pay the deposit within three (3) days, the provisional booking will be cancelled by ZPP.
The outstanding balance of the package price shall be payable upon collection of the package. (NO CHEQUES will be accepted for the outstanding balance)
Should the client cancel and/or postpone the booking after a deposit has been paid, the deposit will not be refunded to the client. (The client will be held liable for the full deposit, should the client have made use of the ‘deposit installments’)
No item will be refunded should the client wish to exclude and/or remove any items from the original package(s), after a deposit has been paid.
After a deposit has been paid no downgrading will be accepted to or on any package(s).
The packages offered and the package price may vary between the date of booking and the event date, depending on, inter alia, time elapsing between the said dates and fluctuations in the exchange rate. The extent of the fluctuation will be at ZPP’s absolute and sole discretion.
9. Expenses
Where extra expenses or time are incurred by ZPP as a result of alterations to the original brief by the client, or otherwise at their request, the client shall give approval to and be liable to pay such extra expenses or fees at ZPP’s normal rate to ZPP in addition to the expenses shown overleaf as having been agreed or estimated.
It is recommended that the client arranges and pays directly for services and facilities such as styling, make-up, ZPP’s air tickets, hotel accommodation and other travel costs. Should ZPP handle such arrangements and payments, 50% mark-up will be added to the prices charged by the suppliers of the
services of facilities. However, only 15% mark-up will be added to the cost of air tickets, hotel accommodation and other travel costs.
Should ZPP be required for events outside Limpopo lasting more than one day the client shall pay all disbursements incurred by ZPP (including meals). Alternatively, ZPP will charge and be paid a reasonable daily allowance or be reimbursed for disbursements upon producing invoices.
10. Rejection
Unless a rejection fee has been agreed in advance, the client may not reject the photograph(s) on the basis of style or composition.
11. Postponement / Cancellation
A booking is considered firm as from the date of confirmation and accordingly ZPP will, at ZPP discretion; charge a fee for postponement.
Should the client postpone a booked event, the client will be held liable to re-book ZPP by following the booking procedures again, including paying the full deposit.
In case of cancellation six (6) months or less prior to the booked event, the client will be held liable for the full outstanding balance within thirty (30) days from the cancellation date, before legal action will be taken.
These terms on postponement / cancellation will not apply should the client cancel due to Force Majeure (Acts of God), with proof such as a death certificate.
12. Right to a credit
If the checkbox on the quotation/ invoice and the license marked “Right to a credit” has been ticked “yes” ZPP’s full name will be printed on or in reasonable proximity to all published reproductions of the photograph(s).
13. Electronic storage
Save for purpose of production for the licensed use(s), the photograph(s) may not be stored in any form of electric medium without the written permission of ZPP.
14. Buying of copyright
Should the client wish to have a photograph(s) and/or digital image(s) assigned from ZPP to the client the price will be one hundred and fifty rand (R150) per photograph/ digital image.
ZPP has the right to change these prices at any time and to any price, at their discretion and without prior notice to the client.
15. Liability
ZPP will not be held liable for any loss or damage suffered by the client as a result of inter alia, the following:
Force Majeure (Act of God); Fire; Hijacking, theft and related events; Malfunction of equipment; loss of memory card and/or digital information etc by the development laboratory and/or ZPP.
ZPP will also not be held liable for damage caused accidentally to anything at the location of the event/shoot.
16. Miscellaneous
Payment of the deposit, (as stated in clause 8) will ensure that the agreed date is booked. An appointment will not be secured until the deposit, (or part thereof) has been paid.
The full deposit will not be refunded under any circumstances for cancellation and/or postponement of the event.
ZPP will not be in a position to provide quality work should the client or any prearranged party be late. ZPP will be the official and only photographer(s) for the event. No other parties will be allowed to photograph during the official shoot, with the exception of a professional videographer, whom will be allowed with prior arrangements.
Where packages include a compact disc containing the photographic images, the client will be held responsible for any unauthorized use of photograph(s)/digital images.
The client shall pay ZPP’s price on any prints ordered at any time after the date of the event should the client wish to have any extra prints made by ZPP. While every care is taken to keep ZPP’s high printing and product quality updated, prices and/or products are subject to change without prior notice.
17. Applicable law
This agreement shall be governed by the laws of the Republic of South Africa
18. Variation
These Terms and Conditions shall govern the contractual relationship between ZPP and the client, and no alteration variation or amendment thereof will be of any force and effect reduced to writing and signed by both parties
