Terms and Conditions

GENERAL:

These Terms and Conditions form a legal agreement between you (the Client) and Fotogemic Co. Ltd., a company based in Bangkok, Thailand. By accessing or using any content from this site, you agree to these Terms of Use, acknowledge having read them, and agree to follow all applicable laws and regulations. If you do not agree, please stop using the website immediately. Fotogemic reserves the right to update these terms, as well as products, services, and pricing, without prior notice. Additionally, Fotogemic may refuse service, terminate accounts, edit content, cancel orders, or modify user rights at its sole discretion for any reason.

Enforcing the Fotogemic Agreement

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.

RIGHTS:

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. 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.

C) Copyright

Fotogemic owns copyright of all photos it takes and is free to use them in any means it finds suitable.

TERMS OF PAYMENT:

Business Check:

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.

Wire Transfer:

If you prefer to pay by wire transfer, please Contact us to receive the bank account details.

SHOOT LIST:

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.

DELIVERY DATE:

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.

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 misses a delivery due to its fault, the client can get a full refund. If the client alters the order, a new schedule will be issued, and Fotogemic won’t be liable for delays

RUSH DELIVERY:

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 delivers all digital images via Dropbox for the convenience of its clients and associates. While we strive to ensure the service’s availability, stability, and security, Fotogemic cannot guarantee 100% uptime or availability. Although the system is secure against malicious individuals, we advise you to back up all files in your account. Additionally, only share access information with trusted associates. By using this service, you agree to hold Fotogemic harmless and defend it against any claims resulting from the service’s use, including but not limited to unavailability, data loss, corruption, inaccuracy, security breaches, or any other damage caused by the service.

PRODUCT RETURN:

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.

INDEMNIFICATION/LIABILITY:

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.

DISCLAIMER:

Using information, software, or products online comes with certain risks, and Fotogemic advises you to fully understand these risks before making any decisions. Visitors to this website are responsible for their own use and assume all associated risks. The information provided here is for convenience and informational purposes only, and while reasonable care has been taken, Fotogemic does not guarantee its accuracy, completeness, or timeliness. We also do not guarantee uninterrupted or error-free access to the site, nor that it is free from viruses or harmful components. All materials, including those on third-party sites, are provided “as-is” and “as available,” without any express or implied warranties

LIMITATION OF LIABILITY:

Fotogemic is not responsible for any infections, delays, transmission issues, line failures, errors, or defects that may occur while using this site or its materials. Under no circumstances will Fotogemic be liable for any special, direct, indirect, incidental, or consequential damages, including loss of use, profits, or data, regardless of the cause. This includes claims arising from contract, negligence, strict liability, or other legal theories, related to your use or inability to use the site’s information or materials. Furthermore, Fotogemic’s total liability for any claims or damages will never exceed the amount you paid to Fotogemic in connection with the transaction in question..

COMMUNICATIONS AND SUBMISSIONS:

All personal data transmitted to Fotogemic over the internet according to placing an order, logging in, or registering an account, such as name, e-mail address, physical address, telephone number, and payment information, are confidential. However, any communications or other materials you submit to Fotogemic or this website (including, but not limited to, e-mails, reviews, or other postings relating to products, experiences, suggestions, or other subject matters) are non-confidential and non-proprietary Submissions. All Submissions made to public areas, such as product reviews, are not subject to our Privacy Policy.

PRIVACY POLICY

This privacy policy discloses the privacy practices for fotogemic.com. This privacy policy applies solely to information collected by this website.

Information Collection, Use, and Sharing:

We are the sole owners of the information collected on this site. We only have access to collect the information you voluntarily give us via email or direct contact with you. In other words, we will not sell or rent this information to anyone. We will use your information to respond to you regarding the reason you contacted us. We will not share your information with any third party outside our organization other than necessary to fulfill your request, e.g., to ship an order. Unless you ask us not to, we may contact you in the future. We may send you an email about specials, new products or services, or changes to this privacy policy.

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, 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

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Updates:
Our Privacy Policy may change from time to time, and we will post all updates on this page. If you feel that we are not abiding by this privacy policy, you should contact us immediately via telephone at +66-2-2930170 or via email: info@fotogemic.com.