If any part of this Agreement is unenforceable for any reason, Fotogemic shall modify such provision 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 concerning 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. To clarify, 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 has a 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. You can find more info at World Intellectual Property Organization.
Fotogemic owns the copyright of all photos it takes and is free to use them in any means it finds suitable.
TERMS OF PAYMENT:
If you prefer to pay by business check, you must make payment in full at the time of your order. You must make out the check to Fotogemic Co. Ltd. When the project is completed, you will receive a detailed invoice for your records.
If you prefer to pay by wire transfer, please Contact us to receive the bank account details.
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:
After receiving confirmation to shoot the product(s), we will offer sample shots to ensure the angles and quality comply with your requirements. Then, within 30 days of the delivery, in case you are not satisfied with the outcome, we will review your comments and decide upon them. If the photos did not comply with your initial request and confirmation on the samples, we would do another shoot free of charge. However, if the first photos comply with your requirements or you want to have a second go on them for any reason, we will reshoot them at the agreed initial pricing.
Our team will complete 1-25 product photos in 7 (seven) business days under normal queue load. You should contact Fotogemic to confirm such a delivery timeframe.
We will complete 26-50 product photos in 7-10 (seven-ten) business days under normal queue load. You should contact Fotogemic to confirm such a delivery timeframe.
For product photos of 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 photoshoot arrive in our studio before 12:00 PM (GMT+7).
If Fotogemic confirms the scheduled delivery and does not meet the confirmed turnaround for the product photos, and it is the sole fault of Fotogemic, then the client may request a full refund. If the client changes the parameters of the original order during the project’s scheduled dates, then Fotogemic will contact the client with a new project schedule. And so, 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. Fotogemic needs to approve all rush projects before receiving your items for scheduling purposes. Our team must receive all products for a rush service project in our studio before 12 pm. To clarify, we will consider anything received later than 12 pm as received on the next business day.
IMAGE HOSTING SERVICE:
Fotogemic uses Dropbox to deliver all digital images and provides it as a convenience to clients and associates of Fotogmeic. While we make every effort to ensure this service’s availability, stability, and security, Fotogemic does not guarantee 100% uptime or availability. Malicious individuals cannot compromise the system. However, Fotogemic recommends that you make backup copies of all files contained in your account. Moreover, you should only provide access information to associates to whom you would like 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 we finish the photoshoot session and agree on the photos, we will return the products. You can choose the shopping agent, and it will be at your expense. 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 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 on the Internet. 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, 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 from 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, lost profits, or loss of data, whether in 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 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 email or the phone number displayed 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 safe both online and offline.
Wherever we collect sensitive information (such as credit card data), our services encrypt that information and securely transmit it. 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 web page’s address.
While we use encryption to protect sensitive information transmitted online, we also protect your information offline. We only grant employees who need to perform a specific job (like billing or customer service) personally identifiable information. The computers/servers in which we store personally identifiable information are in a secure environment.