If any part of this Agreement is found to be unenforceable for any reason, such provision shall be modified only to the extent necessary to make the provision enforceable, and all other terms of this Agreement shall remain in full force and effect. If Fotogemic chooses not to act on a breach of this agreement for whatever reason, it does not constitute a waiver of Fotogemic’s’ rights with respect to such a breach or any subsequent breaches of this Agreement. This agreement shall be governed and construed by the laws of The Kingdom of Thailand. Any action or proceeding arising from this Agreement or your use of this Site must be held in the courts of Bangkok, Thailand.
As used herein and throughout these Terms and Conditions (“Terms and Conditions”):
- “Image(s)” means all visual representations furnished to Client by Fotogemic, whether captured, delivered, or stored in photographic, magnetic, optical, electronic, or any other media.
- “Copyrights” means the property rights in original works of authorship, expressed in a tangible medium of expression, as defined and enforceable under Thai Copyright Law.
ROYALTY FREE UNLIMITED USE LICENSE
A) The client is given royalty-free license for unlimited usage rights for an indefinite amount of time. This applies to the unlimited amount of mediums and alterations for promotional and advertising use of the company that made the order.
B) Third Party Usage
The client may not re-license or sell ownership of the images, license the images to others or give images to others for 3rd Party Usage. All Third Party Usage must be negotiated separately with Fotogemic.
Unlicensed usage, such as third-party usage is a copyright violation. More info can be found at World Intellectual Property Organization.
TERMS OF PAYMENT:
If you prefer to pay by business check, you must make payment in full at time of your order. The check must be made out to Fotogemic Co. Ltd. When the project has been completed, you will receive a detailed invoice for your records.
If you prefer to pay by wire transfer, the transfer must be sent to the following Bank account: Please Contact us
Each project must include a shoot list when you send us your product to photograph.
This list provides us with an inventory list to compare with the products that you shipped to us. The shoot list will include the following information about your product photography project:
· item number
· product name
· single shot or group shot
· how many shots per product
· how you would like your files named
A shoot list template is included on the Fotogemic website.
30 DAYS GUARANTEE:
Before shooting your products, we will offer sample shots to make sure the angles and quality comply with your requirements. After we get confirmation from you to proceed to shoot the product(s). Within 30 days of the photos delivery, if you are not satisfied with the outcome, we will review your comments and decide what to do. If we conclude that the photos did not comply with your initial request and confirmation on the samples, we will shoot the items a second time free of charge. However, if the first photos comply with your requirements or you simply want to have a second go on them for any reason, we will shoot them again at the agreed initial pricing.
1-25 product photos will be completed in 7 (seven) business days under normal queue load. You should contact Fotogemic to confirm such delivery timeframe.
26-50 product photos will be completed in 7-10 (seven-ten) business days under normal queue load. You should contact Fotogemic to confirm such delivery timeframe.
For product photos over 50 items, Fotogemic will provide you with a schedule.
Business days are Monday through Friday, not including holidays.
The turnaround time begins when all of your product(s) for the contracted photo-shoot arrive in our studio before 12:00 PM (GMT+7).
If Fotogemic confirms the scheduled delivery and if it does not meet the 7-day turnaround for 1-25 product photos or the 10-day turnaround for 26-50 product photos, and it is the sole fault of Fotogemic, the client may request a full refund. If the client changes the parameters of the original order during the project’s scheduled dates, Fotogemic will contact the client with a new project schedule and Fotogemic will not be held liable for missing the original delivery date.
Fotogmeic offers a rush service for projects with 1-25 products. All rush projects include an additional fee per photo. Rush projects are subject to availability and scheduling. All rush projects need to be approved by Fotogemic before receiving your items for scheduling purposes. All products for a rush service project must be received in our studio before 12 pm. Anything received later than 12 pm will be considered as received on the next business day.
IMAGE HOSTING SERVICE:
Fotogemic uses Dropbox to deliver all digital images and is provided as a convenience to clients and associates of Fotogmeic. While we make every effort to ensure availability, stability and security of this service, Fotogemic does not guarantee 100% uptime or availability, or that the system could not be compromised by malicious individuals determined to do so. Fotogemic recommends that you make backup copies of all files contained in your account and that you only provide access information to associates to whom you would like to grant access to these files. You hereby understand and agree to hold Fotogemic harmless and defend Fotogemic against any claim resulting from the use of this service, including, but not limited to: Unavailability of the service, loss of data, corrupted data, inaccurate data, breach of account security, and damage or loss of data caused by using this service.
Once the photo shoot session is done and you agree with the photos, we will return the products to you at your expense and choice of the shipping agent. Fotogemic will not be held responsible for damaged or lost goods in the shipping process.
Client agrees to indemnify, save and hold harmless Fotogemic from any and all damages, liabilities, costs, losses or expenses arising out of any claim, demand, or action by a third party arising out of any breach of Client’s responsibilities or objections, representations or warranties under this Terms and Conditions. Under such circumstances Fotogemic shall promptly notify Client in writing of any claim or suit; (a) Client has sole control of the defense and all related settlement negotiations; and (b) Fotogemic provides Client with commercially reasonable assistance, information, and authority necessary to perform Client’s obligations under this section. The client will reimburse the reasonable out-of-pocket expenses incurred by Fotogemic in providing such assistance.
There are certain risks in using any information, software, or products found on the Internet; and Fotogemic might caution you to make certain that you completely understand these risks before retrieving, using, relying upon, or purchasing anything via the Internet.
Visitors to this Web Site assume all responsibility and risk for the use of this Web Site. Information published on this Web Site is provided without charge as a convenience to visitors, to be used for informational purposes only. Reasonable care has been taken concerning this site’s content, Fotogemic does not warrant or represent that this site’s content is accurate, complete, or up-to-date, nor does it warrant or represent that access to and use of this site or the server which makes it available will be uninterrupted, error-free, and free of computer viruses or other harmful components. The content of this site may include technical inaccuracies or typographical errors for which Fotogemic assumes no responsibility.
All of the materials provided herein, including all of the materials available on third party sites, are provided on an “as-is” and “as available” basis and without warranties of any kind, either express or implied.
LIMITATION OF LIABILITY:
Fotogemic is not responsible for any infections, contaminations, delay in operation or transmission, line failure, errors, omissions, interruptions, or defects arising out of your use of this site or on the material provided and/or contained on this site. In no event shall Fotogemic be liable for any special, direct, indirect, incidental, or consequential damages, or any other damages of any kind, resulting from whatever cause, including but not limited to loss of use, loss profits, or loss of data, whether in an action under theories of contract, negligence, strict liability, or otherwise, arising out of or in any way in connection with the use of or inability to use the information or materials on, or accessed through, the Fotogemic’s Website.
Notwithstanding the above, in no event shall Fotogemic total liability to you for any and all claims, damages, losses, and causes of action exceed the amounts paid to Fotogemic by you in connection with the transaction claimed by you to give rise to your claim.
COMMUNICATIONS AND SUBMISSIONS:
Your Access to and Control Over Information: You may opt out of any future contacts from us at any time. You can do the following at any time by contacting us via the email address or phone number given on our website:
• See what data we have about you, if any.
• Change/correct any data we have about you.
• Have us delete any data we have about you.
• Express any concern you have about our use of your data.
Security: We take precautions to protect your information. When you submit sensitive information via the website, your information is protected both online and offline.
Wherever we collect sensitive information (such as credit card data), that information is encrypted and transmitted to us in a secure way. You can verify this by looking for a closed lock icon at the bottom of your web browser, or looking for “https” at the beginning of the address of the web page.
While we use encryption to protect sensitive information transmitted online, we also protect your information offline. Only employees who need the information to perform a specific job (for example, billing or customer service) are granted access to personally identifiable information. The computers/servers in which we store personally identifiable information are kept in a secure environment.