WHEREAS the Client(s) are desirous in booking the Photographer as the official photographer to undertake their wedding day and whereas the parties hereto are desirous in recording such agreement in writing; and
NOW THEREFORE the parties agree as follows:
1.1 It is agreed that this contract is entered into between the Photographer and the Client(s) and it is further agreed that the Photographer shall be the sole professional photographer of the day.
1.2 These terms constitute the whole agreement between the parties and the due performance of the contract is subject to the terms below. The terms as set out herein will take precedence over any other terms, conditions and/or stipulations contained in any of the Client(s) documentation and any agreement and/or term purporting to vary or novate the terms of this agreement, or any consensual cancellation, shall not be valid unless reduced to writing and signed by the Client(s) and the Photographer.
The following words or expressions shall carry the meanings assigned thereto:
2.1 “Contract” means these standard terms and conditions, together with any and all Annexures, which is to be read together as one contract and will be considered as one document, all of which will have the effect of a legal and binding agreement between the parties. Agreement shall be construed accordingly.
2.2 “Material” includes but is not limited to all Photographs, albums, coffee table books, prints, transparencies, images, negatives, digital scans, digital files, design, artwork, montages, drawings, engravings and/or any other photographic product or other products comprising or containing reproductions, adaptations or compilations of any form of photographic material, which being literary and/or artistic works, and which has been created by the Photographer.
2.3 “Package” means the wedding photography package as selected by the Client(s) herein below, which package consists of a specific number of hours which the Photographer will be present at the wedding and the Material which is to be produced, together with any further and additional Material ordered.
2.4 “Photographer” means the undersigned photographer herein below, their representatives, successors, assigns, agents and affiliates.
2.5 “Photographs” means any product of photography or of any process analogous to photography.
2.6 “Client(s)” means the undersigned person(s) herein below, their representatives, successors, assigns, agents and affiliates.
3. PAYMENT TERMS AND BOOKING FEE (DEPOSIT)
3.1 Upon acceptance and receipt of the quotation, the payment of a booking fee of 50% of the total quoted fee becomes due and payable immediately. This fee secures the date, time and services of the Photographer and is not refundable or transferable in the event of cancellation, it being the agreed loss suffered by the Photographer due to cancellation.
3.2 The booking fee cannot be exchanged for other services or products. Should the date for the wedding change and the Photographer is not available to attend the new date, you will forfeit your booking fee.
3.3 The outstanding amount becomes due and payable on presentation of an invoice by the Photographer. Kindly note that all payments made, either by way of an internet / electronic funds transfer, or cash, is to be free of commission and bank charges, failing which these charges are to be carried by the Client(s) and will be added to the final account rendered by the Photographer.
3.4 No date will be booked and/or secured unless the booking fee, as is referred to above, has been paid in full.
3.5 No part of any order, including photographs, wedding albums and/or any other materials will be delivered until full payment has been effected.
4. CANCELLATION AND CHANGES
4.1 The Client may cancel this contract at any time by giving written notice to the Photographer, but in doing so shall forfeit their booking fee (deposit) paid. In addition hereto, and save for the cancellation being due to death or hospitalisation of the Client(s), the following charges will be due and payable in case of cancellation, it being the agreed loss suffered by the Photographer due to such cancellation and having specific regard to (a) the nature of the goods or services that were reserved or booked in terms of this contract, (b) the length of notice of cancellation provided by the consumer herein, (c) the reasonable potential for the Photographer to find an alternative Client and (d) the general practice of the relevant industry:
· 90 days prior to the function: 50% of the outstanding amount.
· 60 days prior to the function: 80% of the outstanding amount.
· 30 days prior to the function: 100% of the outstanding amount.
5. FORCE MAJEURE OR ACT OF GOD
5.1 The due performance of this contract is subject to alteration or cancellation by either party owing to any cause beyond their control. In such an event the Photographer will not be liable to the Client(s) and/or any further person in respect of any loss and/or damage of whatsoever nature caused by, or arising from any of the following circumstances:
5.1.1 Force majeure (Acts of God);
5.1.2 The loss, damage, destruction or theft of any property on the venue;
5.1.3 Any act or circumstance, save for gross negligence by the Photographer, causing the loss, damage, destruction, theft and such other related events of photographic material (including camera equipment);
5.1.4 Loss or damage resulting from or related to the use of any equipment on the venue, including but not limited to furniture, cutlery and crockery, sound equipment and photographic equipment or technical failure thereof;
6. LIMITATION OF LIABILITY & INDEMNITY
6.1 In the unlikely event of a total photographic failure or cancellation of this contract by either party or in any other circumstance the liability of one party to the other shall be limited to the total value of the contract. Neither party shall be liable for indirect or consequential loss.
6.2 Without detracting from the generality of the above, the Photographer warrants that he takes the utmost care with respect to exposure, transportation, and processing the photographs. However, in the unlikely event that any Materials are damaged in processing, lost through camera or other media malfunction, lost in the mail, or otherwise lost or damaged without fault on the part of the Photographer, or in the event the Photographer fails to perform for any other reason beyond the Photographers control, the Photographer’s liability is limited to the return of all payments received for the event package.
6.3 The Client(s) indemnifies and holds the Photographer harmless against all liability, claims and expenses, including attorney’s fees, arising from Client(s), and/or any third parties use of the Photographer’s Material and / or any loss, damage or misuse of any Photographs supplied by the Photographer, granted that there is no fault on the part of the Photographer.
6.4 If there is any failure to capture certain images that you have requested or that were discussed at our planning meeting, such omissions shall not void this agreement nor be a breach of this agreement and will not cause any compensation to be made to the Client(s) and the Photographer shall not be liable for same.
6.5 In the unlikely event of the Photographer being unable to attend to the wedding due to any cause beyond the Photographer’s control, the Photographer reserves the right to appoint another photographer to attend to your wedding on their behalf to undertake the wedding photography to his / her best ability. If the situation should occur and a suitable replacement is not found, responsibility and liability of the Photographer is limited to the return of all payments received for the event package.
6.6 Re-shoots may be arranged if practicable but the Photographer will not be responsible for any further costs ancillary hereto.
7. PLACING AN ORDER, RECEIPT OF GOODS AND COURIER FEES
7.1 The Photographer undertakes to deliver an edited product of the wedding day with specific features as contained and outlined in the package offered by The Photographer as selected by the Client(s).
7.2 Any changes to the wedding photos are to be communicated within 2 weeks from receiving the proof material and it is agreed between the parties that The Photographer will be made aware if this is not possible prior to the wedding day.
7.3 In the event of any complaint relating to The Photographer’s service and/or materials, it is agreed that such complaints must be received in writing within 2 weeks of collection of the products ordered, failing which The Photographer shall be deemed not to be in breach of any of its obligations and it shall be agreed that all materials were received in a satisfactory condition.
7.4 The Photographer must be notified in writing of any alterations to orders within one working day of the order being placed. All costs incurred due to alterations to the order made by the Client(s) after this time will be for the Client(s) account and the Client(s) will be held liable therefore.
7.5 In accordance with the accepted practises of all professional photographers and photographic laboratories, the return of any technically acceptable photographs and/or prints and/or any other materials, or demands for refund, will not be entertained on principle. No exception can be made to this rule as the Photographer cannot be held responsible for individual tastes or expectations and the judgment, view, execution and layout of the Photographer will be deemed to be correct.
7.6 Owing to reflectance caused by a combination of certain dyes and materials, especially synthetic fibres, it is sometimes impossible to record the exact colour of a garment as seen by the human eye. The Photographer will use their skill to produce, to the best of their ability, pleasing prints and to provide a pleasing colour balance based on the flesh tones of the subjects, but cannot guarantee exact colour matches in certain circumstances.
7.7 Any courier fees for any products to be so delivered are excluded from the quote and are for the Client(s) account. The courier costs are payable before the products are couriered.
7.8 All additional orders, reorders and/or reproductions shall be treated as an extension of this contract and are to be placed in writing failing which no responsibility for error will be accepted.
7.9 The Photographer is able to store completed orders for a maximum of two months, and all other material for a maximum of 6 months, after which time any orders not collected may be destroyed. It is the Client’s responsibility to ensure that proper backups are kept of the material commissioned and received.
8.1 All Copyright in the Material created and produced pursuant to this agreement vests with and is retained worldwide by the Photographer at all times and nothing contained in this Agreement shall be deemed as a release, transfer, assignment or other disposal of the Photographer’s rights in the Material.
8.2 No other person, including the Client(s), will enjoy any rights under the Copyright in and to such Material save as may be specifically granted in this Agreement, or subsequent to this agreement in writing by the Photographer.
8.3 Without derogating from the generality of the above, the Photographer hereby permits the Client(s) to use the Material for their personal and non-commercial use, and in the following manner only:
8.3.1 To reproduce, print and copy the Material for family and friends; and
8.3.2 To post, blog and/or display the Material on their personal and non-commercial media and social network forums, provided that the Photographer be credited for the use of the Material at all times
8.4 Notwithstanding the above, it is expressly agreed that the Client(s) will not acquire any rights under the copyright in and to the Material and that all rights under the copyright in such Material is exclusively reserved to the Photographer. The Client(s) and any third party is not permitted to sell, publishing, reproduce or otherwise provide and/or distribute the Material to any third party without the express written permission of the Photographer and prior written consent for the use of the Photographs for any purpose other than for the Client(s) personal and non-commercial use must be obtained from the Photographer.
8.5 The Photographer further retains the right to claim authorship of the Photographs and to object to any distortion, mutilation or other modification of the Photographs and/or any Material where such action is or would be prejudicial to the honour or reputation of the Photographer.
9. TRANSFER OF OWNERSHIP
Ownership in the physical Material and/or Photographs ordered by the Client(s) shall pass to the Client(s) only when all amounts due by the Client(s) to the Photographer have been paid, notwithstanding delivery of any of the aforesaid materials to the Client(s).
10.1 The Client(s) hereby permit and allow the Photographer to display any images covered by this contract and to generally promote the business by means of advertising, publicity material, websites, exhibitions, competitions, magazine articles, and other such media, providing that the images are used lawfully and without damage to the Client(s).
10.2 It is specifically agreed that the Material may be used on social media forums as is desired, and that the Clients’ may be tagged, or otherwise identified, unless otherwise agreed in writing.
11. ON THE WEDDING DAY
11.1 Sole Rights: The Photographer shall be the sole professional Photographer of the day at the venue(s) specified. The Photographer will not be held liable for over exposed photos caused by flash or lighting from other cameras/video cameras.
11.2 Special Requests: If there is anything uniquely different, or any specific and distinctiverequest, then such request needs to be brought to the attention of the Photographer in writing one week prior to your wedding date.
11.3 Requested Photographs: The Photographer will honour all photographs requested and agreed in advance, provided the following factors are met: weather and allocated time permitting, availability and co-operation of the person/s concerned.
11.4 Coverage: The Photographer will not be held responsible for the lack of coverage caused by the bride, the groom, or wedding party not being on time, or by any obstructed view caused by the Church, Register Office, or Licensed place of wedding restrictions on photography. The Photographer does not undertake to guarantee any specific picture nor incorporate any specific background, location or group arrangement. Where restrictions or limitations are set by any official or person possessing the correct legal authority to do so, the Photographer shall not be held responsible for non-fulfilment of this contract.
11.5 Weather Changes: Weather permitting, all photographs requested will be taken as agreed. In the event of rain or snow or any form of weather disturbance, the Photographer will make the necessary changes in the photographic session and will not be liable for the lack of coverage caused by any weather disturbance and/or responsible for any disappointment caused due to the weather.
11.6 Overtime Charged: All over time charged will be computed at a rate per hour, or as otherwise agreed between the Photographer and the Client(s). Should the Photographer feel that most moments have not been covered, the Photographer will discuss this with the Client(s) and will only stay when it has been approved by them or with their consent.
11.7 Meals: The Client(s) is required to provide meals for the Photographer and one assistant (if applicable) during the time when the dinner is being served to the wedding guests. These may be served in the dining room or at another location in the reception venue. It is requested that the Photographer and assistant be seated in the dining room if at all possible so as to be able to continue photography during the meal. Further arrangements and the practicality of this arrangement will be as discussed between Clients and the Photographer.
11.8 Accommodation: Should the venue for the function be more than 100 kilometres (1 hour’s drive) from The Photographer’s office, suitable accommodation should be provided for the Photographer and an assistant (if applicable). These accommodation charges are excluded from the quote and are for the Client’s account.
11.9 Travelling Expenses: Travel charges of R6.50 per kilometre from The Photographer’s office will be charged, excluding toll-gate costs. These travelling charges are excluded from the quote and are for the Clients account. Any further and / or more advanced travel arrangements will be as discussed between Clients and Photographer.
12. MODEL RELEASE
12.1 The Client(s) hereby grants to the Photographer and its legal representatives and assigns, the irrevocable and unrestricted right to use and publish photographs of the Client(s) or in which the Client(s) may be included, for editorial, trade, advertising and any other purpose and in any manner and medium; to alter the same without restriction; and to copyright the same.
12.2 The Client(s) hereby releases the Photographer and its legal representatives and assigns from all claims and liability relating to such photographs.
13. DOMICILIUM CITANDI ET EXECUTANDI
The term domicilium citandi et executandi connotes the physical address for service and delivery of documents. The Parties accordingly choose as their address (domicilium) for all purposes under this Agreement, whether in respect of court process, notices or other documents or communications of whatsoever nature (including the delivery of any complaint and/or alteration to original order), the addresses as recorded herein below. Either party may by way of notice to the other party change the physical address chosen as its domicilium citandi et executandi.
14.1 The Client(s) agree and acknowledge that in the event of them breaching any condition contained in this document, then the Photographer shall without prejudice to any other remedies which the Photographer may have in law, be entitled to summarily cancel this contract with the Client(s) without notice to the Client and to re-possess those Materials already delivered to the Client(s); or to claim specific performance of all of the Client’s obligations whether or not such obligations would otherwise have fallen due for performance.
14.2 Furthermore, In the event of the Client(s) breaching any condition contained in this document, the Client(s) consents to the payment of all legal costs, including the payment of collection commission and tracing agent’s fees, should the Photographer have to institute legal action against him/her, on the scale as between attorney and client.
15.1 The headings of the clauses in this Agreement are for the purpose of convenience and reference only and shall not be used in the interpretation of nor modify nor amplify the terms of this Agreement nor any clause hereof.
15.2 The parties agree that all goods, services and materials rendered in terms of this Contract, including any reorders, reproductions, overtime charged, additional albums ordered and/or where extra expenses or time has been incurred by the Photographer, or any other incidental costs incurred herein as a result of alterations to the original order by the Client(s), is to be regarded as an extension of this Contract, incorporating these same terms and conditions, therefore not being severable from the contract herein, and shall further become due and payable in terms hereof.
15.3 No allocation of payments can be made to certain products and or services and no part payment and / or set off is permitted herein.
15.4 No relaxation or indulgence granted to the Client(s) by the Photographer, at any time, shall be deemed to be a waiver of any of the Photographer’s rights in terms hereof, and such relaxation or indulgence shall not be deemed as a novation of any of the terms and conditions set out herein, or create any estoppels against the Photographer.
15.5 A certificate under the hand of any authorised person of the Photographer as to the existence and the amount of the Client’s indebtedness to the Photographer shall be sufficient and satisfactory proof of the correctness thereof for the purpose of summary judgment or any other proceedings against the Client in arbitration and / or mediation.
16. GOVERNING LAW
This agreement and its termination shall be governed by and construed in accordance with the laws of the Republic of South Africa. Both the Photographer and the Client(s) agree that all legal action based on any claim arising under or out of this agreement must be determined in accordance with South African Law and filed and prosecuted in a court of competent jurisdiction located in the Republic of South Africa and each of them hereby consents and irrevocably submits to the jurisdiction of such court in respect of all legal action or proceedings arising out of or in connection with this agreement, its implementation, interpretation and/or termination.
17. JURISDICTION OF MAGISTRATE’S COURT
The Client(s) hereby consents to the jurisdiction of the Magistrate’s Court in respect of any action or proceedings which may be brought against him/her by the Photographer in connection with this Contract, notwithstanding that such action or proceedings would otherwise be beyond such jurisdiction without prejudice to the Photographer’s right to institute action in the Supreme Court having jurisdiction.
18. VALIDITY OF QUOTATION & COOLING-OFF RIGHT
18.1 This wedding package quotation is valid for 14 (fourteen) days only and the services on this offer will be reserved subject to payment of the deposit as stated in clause 3 above.
18.2 Should This contract have been entered into as a result of direct marketing as defined in the Consumer protection act 2008, them the Client(s) attention is drawn to the rights inferred upon them in terms of section 16(3) of the Consumer Protection Act, in terms of which the Client(s) may terminate this agreement, without reason or penalty, by written notice to the Photographer after a 5 (five) day period after signature hereof, and to have any amount already paid by them in terms hereof refunded in the event of such termination.
19. VALIDITY OF QUOTATION & COOLING-OFF RIGHT
19.1 The Client(s) hereby accepts the quotation from The Photographer to render and supply all services and materials as agreed upon on these terms and conditions as stated herein. The Client(s) by signing this contract acknowledges that they have read and understood the terms and conditions and agrees to all of the above and is further familiar with all details of the selected wedding package.
These Terms and Conditions supersede any previous Terms and Conditions distributed in any form. Dieter Photo reserves the right to change any rates and any of the Terms and Conditions at any time and without prior notice. The following Terms and Conditions of Service apply to all products and services provided by Dieter Photo. All work is carried out by Dieter Photo on the understanding that the client has agreed to Dieter Photo’s terms and conditions. Copyright is retained by Dieter Photo on all design work including words, pictures, ideas, visuals and illustrations unless specifically released in writing and after all costs have been settled. If a choice of design is presented, only one solution is deemed to be given by Dieter Photo as fulfilling the contract. All other designs remain the property of Dieter Photo, unless agreed in writing that this arrangement has been changed.
Dieter Photo abides by the International Chamber of Commerce (ICC) Code of Advertising and Marketing Communication Practice (2006 Edition) and shall furnish professional standards of skill, care, diligence and professional judgment in the performance of its obligations under this Agreement.
3. PROJECT ACCEPTANCE & CONFIRMATION
At the time of proposal, Dieter Photo will provide the customer with a formal quotation. The Terms and Conditions can be read on Dieter Photo's website. A copy of the written quotation and contract is to be signed and dated by the customer to indicate acceptance and should be returned to Dieter Photo. No work on a project will commence until either document has been received by Dieter Photo.
The Client shall be responsible for any increases in Dieter Photo’s costs as a result of any changes to such job parameters or other material made by The Client either directly or indirectly after the date of any quotations given by Dieter Photo, and for any increase in costs by way of overtime charges if the time and date for completing a project is brought forward by The Client either directly or indirectly. Quotations are valid for a period of fourteen (14 Days) from the date of quotation.
5. DESIGN CHARGES AND PAYMENT
The total cost includes value added TAX. Charges for design services to be provided by Dieter Photo, will be set out in the written estimate that is provided to The Client. At the time of the customer’s signed acceptance of this quotation, indicating acceptance of the Terms & Conditions, a deposit of 50% of the quoted fee will become immediately due. Work on the project will not commence until Dieter Photo has received this amount. Should the project be delayed or stand still by The Client without any progress for 30 (Thirty) working days from date of last proof supplied by Dieter Photo, a Milestone payment of 15% will be required.
6. SUPPLY OF DESIGN ELEMENTS AND DATA
A charge may be made to cover any additional work involved where the design elements/data supplied or specified is not clear, legible, or in the prescribed format/specification to produce satisfactory results. Where material is so supplied or specified, responsibility will not be accepted for imperfect work caused by defects in the supply, format or specification. This includes any incompatibility or defects caused by differing software versions or conflicting operating systems.
7. PRELIMINARY WORK
All work carried out, whether experimentally or otherwise, at The Client's request shall be deemed chargeable.
Unless specifically requested to the contrary, Dieter Photo shall be entitled to sub-contract any work to any third parties as it thinks fit. Dieter Photo shall not be responsible to The Client for any delays occasioned by a sub-contractor failing to meet deadlines imposed upon it by Dieter Photo for completion of any job, for any reason outside the direct control of Dieter Photo.
9. PERFORMANCE, DELIVERY OR COLLECTION
Unless otherwise agreed in writing, all times quoted for performance or delivery or availability for collection are given in good faith but are not guaranteed by Dieter Photo. The time for performance or delivery or availability for collection shall in every case be dependent upon prompt receipt of all necessary information, final instructions or approvals from The Client. Alteration by The Client of its requirements may result in delay in performance, delivery and/or availability for collection for which Dieter Photo shall bear no liability. Dieter Photo shall not be held liable for any delay in print production and late delivery thereof. Any packaging supplied by Dieter Photo, unless otherwise expressly agreed, is intended to provide adequate protection throughout normal conditions of transport by the means specified in the agreement or as otherwise agreed. If The Client (or the intended recipient) fails to take delivery on the agreed date or to collect on the agreed collection date, or if no specific delivery or collection date has been agreed, when the goods are ready for dispatch, Dieter Photo shall be entitled to store the goods and to charge The Client the reasonable cost of doing so, and to tender its account for such charges to The Client, provided that in no event shall Dieter Photo be under any liability in respect of any loss or damage following the dispatch of any goods from the Company’s premises.
10. COPYRIGHTS AND TRADEMARKS
By supplying text, images and other data to Dieter Photo for inclusion in The Client’s business cards, flyers, pamphlets, website or other medium, the customer declares that it holds the appropriate copyright and/or trademark permissions. The ownership of such materials will remain with the customer, or rightful copyright or trademark owner. Any artwork, images, or text supplied and/or designed by Dieter Photo on behalf of the customer, will remain the property of Dieter Photo and/or it’s suppliers. The customer may request in writing from Dieter Photo, the necessary permission to use materials (for which Dieter Photo holds the copyright) in forms other than for which it was originally supplied, and Dieter Photo may, at its discretion, grant this. Such permission must be obtained in writing before it will allow any of the aforesaid artwork, images, text, or other data to be used. By supplying images, text, or any other data to Dieter Photo, the customer grants Dieter Photo permission to use this material freely in the pursuit of the design. Should Dieter Photo, or the customer supply an image, text, audio clip or any other file for use in a business cards, flyers, pamphlets, website, multimedia presentation, print item, exhibition, advertisement or any other medium believing it to be copyright and royalty free, which subsequently emerges to have such copyright or royalty usage limitations, the customer will agree to allow Dieter Photo to remove and/or replace the file on the site. The customer agrees to fully indemnify and hold Dieter Photo free from harm in any and all claims resulting from the customer in not having obtained all the required copyright, and/or any other necessary permissions. Unless otherwise specified all fonts used in any design material supplied by Dieter Photo will remain property of Dieter Photo.
Dieter Photo will attempt to ensure that only royalty free images are used in custom designs. It is agreed that Dieter Photo, employees, directors and suppliers, will not be held liable for any damages, costs and expenses, including reasonable legal fees, arising out of or related issues, copyright, or trademark infringement resulting from images used upon request of the client or provided by the client.
We prepare and check artwork for reproduction as carefully as possible. However, we do not accept responsibility for any errors caused by The Client or suppliers (for example typesetters, printers etc.) once artwork has been passed for print or production. Dieter Photo agrees to hold on behalf of The Client finished artwork or sketch work that has been created by Dieter Photo or used by Dieter Photo in furtherance of this Agreement and accept responsibility for any damage or loss of such artwork and sketch work held by Dieter Photo during the term of this Agreement and for one year thereafter. Artwork or sketch work kept for over one year after the termination of this Agreement will be destroyed unless claimed.
13. PROOFING OF FINAL PROJECT
To limit any possible errors in artwork, designs will not go to production until they have been approved by The Client. Dieter Photo will not be held responsible for errors if the client misses something in the proof, has reused a printed or digital proof, or if the client, during order placement, has requested the order go to production without proofing.
The Client agrees that changes required over and above the estimated work or required to be carried out after acceptance of the draft design will be liable to a separate charge. The Client also agrees that Dieter Photo holds no responsibility for any amendments made by any third party, before or after a design is published.
The Client shall indemnify Dieter Photo in respect of all financial liability (including professional costs damages and accounts of profits) arising out of any claims made against Dieter Photo alleging infringement of any intellectual property rights if such claim arises from the use of information, inventions, ideas, designs, artwork, copy or other material provided by The Client.
Should Dieter Photo need to travel on The Client’s business outside Gauteng but within South Africa and upon The Client’s request, Dieter Photo shall be reimbursed at a “per diem” expense per person travelling of ZAR 2,000 (ex VAT). In the event that Dieter Photo is required to travel outside of South Africa upon The Client’s request, Dieter Photo shall be reimbursed at a “per diem” expense per person travelling of USD 450 (ex VAT).
Any design, copywriting, drawing, idea or code created for the customer by Dieter Photo, or any of its contractors, is licensed for use by The Client and may not be modified, in any way or form without the express written consent of Dieter Photo and any of its relevant sub-contractors. All design work where there is a risk that another party make a claim, should be registered by The Client with the appropriate authorities prior to publishing or first use or searches and legal advice sought as to its use. Dieter Photo will not be held responsible for any and all damages resulting from such claims. Dieter Photo is not responsible for any loss, or consequential loss, non-delivery of products or services, of whatever cause. The Client agrees not to hold Dieter Photo responsible for any such loss or damage. Any claim against Dieter Photo shall be limited to the relevant fee(s) paid by the customer.
18. DATA FORMATS
The Client agrees to Dieter Photo’s definition of acceptable means of supplying data to the company. Text is to be supplied to Dieter Photo in electronic format as standard text (.txt), MS Word (.doc) on a memory stick, or CD-ROM, or via e-mail. Images which are supplied in an electronic format, are to be provided in a format as prescribed by Dieter Photo via a memory stick, CD-ROM, or e-mail. Images must be of a quality suitable for use without any subsequent image processing, and Dieter Photo will not be held responsible for any image quality which the client later deems to be unacceptable. Dieter Photo cannot be held responsible for the quality of any images which the client wishes to be scanned from printed materials. Additional expenses may be incurred for any necessary action, including, but not limited to, photography and art direction, photography searches, media conversion, digital image processing, or data entry services.
19. DESIGN PROJECT DURATION
Any indication given by Dieter Photo of a design project’s duration is to be considered by The Client to be an estimation. Dieter Photo cannot be held responsible for any project over-runs, whatever the cause. Estimated project duration should be deemed to be from the date that cleared funds are received by Dieter Photo for the initial payment or by date confirmed in writing by Dieter Photo.
20. DESIGN PROJECT COMPLETION
Dieter Photo considers the design project complete upon receipt of The Client review and formal approval. Other services such as printing, display panel production, film work, website uploading, publishing etc., either contracted on The Client’s behalf constitute a separate project and can be treated as a separate charge.
An account shall be considered default if it remains unpaid for 30 days from the date of invoice. Dieter Photo shall be considered entitled to remove Dieter Photo and/or The Client material from any and all computer systems, until the amount due has been fully paid. This includes any and all unpaid monies due for services, including, but not limited to, business cards, flyers, pamphlets, hosting, domain registration, search engine submission, design and maintenance, sub-contractors, printers, photographers and libraries. Removal of such materials does not relieve the customer of its obligation to pay the due amount. Client’s whose accounts become default agree to pay Dieter Photo reasonable legal expenses and third-party collection agency fees in the enforcement of these Terms and Conditions.
22. KIDS’ PRIVACY
Our Website is intended for the use of adults and individuals 13 years of ages and older. Our Website is not directed to children under the age of 13. Users under the age of 13 must have the permission and/or assistance of an adult while using or visiting our Website.
23. DESIGN CREDITS
The Client agrees to allow Dieter Photo to place a small credit on printed material exhibition displays, advertisements and/or a link to Dieter Photo’s own website on the customer’s website. This will usually be in the form of a small logo or line of text placed towards the bottom of the page. The Client also agrees to allow Dieter Photo to place designs on Dieter Photo's own website and social media for demonstration purposes and to use any designs in its own publicity. This includes cancelled projects, and projects not been finalised within an 8-month period.
24. CONFIDENTIALITY AND EXCLUSIVITY
It is Dieter Photo's duty not to disclose any confidential information of The Client during or after Dieter Photo's appointment without The Client’s permission. However, this does not apply to the information already in the public domain or which subsequently comes into the public domain. The Client acknowledges that it is Dieter Photo's right to use any general marketing and advertising intelligence, which Dieter Photo has gained during this appointment. The Client views any breach by Dieter Photo of its confidential business information as serious and reserves the right to enforce the confidentiality of such information by any legal means available to it, including but not limited to, injunctive relief. Dieter Photo agrees not to work with any competitive business without the prior consent of The Client.
25. RIGHTS OF REFUSAL
Dieter Photo will not include in its designs, any text, images or other data which it deems to be immoral, offensive, obscene or illegal. All advertising material must conform to all standards laid down by all relevant advertising standards authorities. Dieter Photo also reserves the right to refuse to include submitted material without giving reason. Any images and/or data that Dieter Photo does include in all good faith, and then finds out that it contravenes these Terms and Conditions, the customer is obliged to allow Dieter Photo to remove the contravention without hindrance, or penalty. Dieter Photo is to be held in no way responsible for any such data being included.
A termination notice can also be served at any time before the end of the term of this contract by either party sending the other a written notice. The termination period shall be no less than a thirty (30) day calendar month. The Client agrees to settle Dieter Photo's dues from the last date of the notice period. Any cancellation must be in writing and must be sent or delivered to Dieter Photo and shall be deemed effective only as at the date received by Dieter Photo. These include a recalculation of the fees based on the new delivery period and the delivered scope of work. All ideas, designs, concepts, original compositions, finished advertisements, radio and television commercials and all other works and material prepared or acquired by Dieter Photo will be assigned and given to The Client after termination of contract and settlement of all payments to Dieter Photo due for services actually performed, and subject to the terms of any license or permission pursuant to which Dieter Photo may have obtained the use of such material and to such material being in the public domain.
27. SOUTH AFRICAN LAW
This Contract and any other matters concerning the relationship between Dieter Photo and The Client shall be governed by and construed in accordance with the Law of South Africa.
Any dispute that might arise between the Parties shall be finally settled by the competent courts in South Africa.
29. DIETER PHOTO STAFF
The Client agrees not to employ Dieter Photo's personnel during the tenure of the contract and for a subsequent period of two years from the date of its termination.
Dieter Photo makes no warranties of any kind, express or implied, for any and all products and/or services that it supplies. Dieter Photo will not be held responsible for any and all damages resulting from products and/or services it supplies. Dieter Photo is not responsible for any loss, or consequential loss of data, or non-delivery of products or services, of whatever cause. While we take reasonable steps to investigate the materials we recommend, we accept no responsibility for the performance or quality of materials or any consequential loss arising from their failure. The customer agrees not to hold Dieter Photo responsible for any such loss or damage. Any claim against Dieter Photo shall be limited to the relevant fee(s) paid by The Client.
Dieter Photo reserves the right to use the services of sub-contractors, agents and suppliers and any work, content, services and usage is bound by their Terms and Conditions. Dieter Photo will not knowingly perform any actions to contravene these and the client also agrees to be so bound. Dieter Photo and its clients agree to comply with Printers Terms and Conditions which include disclaimers for non-completion on time and the flexibility to supply quantities within 10% of the total ordered. Dieter Photo recommend that if an exact quantity is required, then 10% extra is added to the quantity and extra time made available should the job be delayed.