PHOTOGRAPHY TERMS AND CONDITIONS
Please read these terms and conditions prior to commissioning DigiMall Pty Ltd for your photographic project. These terms and conditions, together with a quote, are a contract between DigiMall Pty Ltd and the client. Where there is conflict in the wording between these terms and conditions and the quote, the quote will take precedence.
Where possible all photographic jobs carried out by DigiMall Pty Ltd will be quoted prior to commencement of the photography. The quote will be based on information provided by the client. Generally, the quote and the terms and conditions may detail the following;
- Client contact details
- Photographers attendance times
- Photographic fees and charges
- Licencing and copyright details
- Specifications for image formats and file sizes
- Delivery of images/prints
- Client approval
- Location/s of photography
- Photographers assistants attendance times
- Sourcing models or talent and responsibility for payment and release forms
- Property access and property release forms
- Responsibility for expenses
- Travel, accommodation and meal expenses
- Photographic fees and charges
- Insurance coverage
- Access requirements and responsibility
Client acceptance of the quote is required by return email or mail prior to the commencement of the photography.
Licensing and copyright details
Generally, copyright of images created by DigiMall Pty Ltd will remain the property of DigiMall Pty Ltd . Images supplied to the client are licensed for the client’s use based on the client’s requirements. The licence will typically detail the period of time for the use of the images and the media the images can be used in. Occasionally there may be details regarding the territory the images can used in. In all cases, the licence will meet the clients’ requirement as discussed prior to the provision of the quote.
Upon receipt of full payment the client will be licensed to use the images as detailed in the quote. The images are licensed to the client/s detailed in the quote. Editorial usage by third parties is permitted. Usage on a commercial basis by third parties needs to be negotiated with DigiMall Pty Ltd .
Specifications for image formats and file sizes
All images are processed individually. The images are generally supplied as full size jpegs. A set of low res jpegs is included for easy viewing and web use.
Please advise if you have a requirement for images to be supplied in a different format. There is generally no additional charge for the supply of images in a different format providing that information is detailed prior to the commencement of the photography. The files can be read by both PC and MAC systems. High resolution digital images are generally supplied @300dpi in ADOBE1998 Colourspace.
Delivery of images/prints
Processed images are generally ready for delivery within 48 hours of the completion of the photography. A surcharge may apply to urgent delivery requests. Selected images can be emailed to the client for fast distribution to media etc. A surcharge may apply for this service. A client page is accessible on the website for low res proofs.
It is the responsibility of the client to ensure that an authorised representative is present during the photography for the client. If no authorised representative is present, the Photographer’s interpretation shall be accepted.
Unless agreed in advance, DigiMall Pty Ltd expects to be the sole photographer on the shoot for the client.
Sourcing models or talent and responsibility for payment and release forms
It is the responsibility of the client to ensure that all models or talent appearing in the client’s photos, sign the appropriate model or talent release, if required. DigiMall Pty Ltd can supply a release form if required. Please contact our office for further details. The client will be responsible for payment to any models or talent used in the photography.
By accepting these terms and conditions and the relevant quote, the client agrees that DigiMall Pty Ltd shall not be liable for any legal action or damages arising from the use the images provided to the client.
Cancellations and Postponements
DigiMall Pty Ltd accepts that from time to time there is a need to cancel or postpone photographic shoots. The following cancellation and postponement fees may apply;
Cancellation with more than 48 hours notice – all expenses incurred up to that time and 50% of photographic fees.
Cancellation with less than 48 hours notice – all expenses incurred up to that time and 100% of photographic fees.
Postponement due to weather with 24 to 48 hours notice – all expenses incurred up to that time. If the photographer has left for the location 25% of photographic fees will be charged.
Postponement due to weather with less than 24 hours notice – all expenses incurred up to that time plus 25% of photographic fees. If the photographer has left for the location 50% of photographic fees will be charged
If the cancellation is due to the lack of co-operation from the clients or subjects, all photographic fees and expenses will be charged to the client.
Day and Half Day Rates
A half day of photography is up to 4 hours attendance by the photographer. A full day of photography is up to 8 hours attendance by the photographer. If the project is extended from details in the original quote, then additional charges may apply.
Payment Terms and Methods
All new clients – COD
Established clients – 7 days from invoice date
Overseas clients – Full payment prior to delivery of images
Deposits – A 50% deposit is required on projects over $5000.00
Payment methods – Payment can be made by cash, cheque, direct credit, credit card and bank transfer.
DigiMall Pty Ltd presently holds a public liability insurance policy for $20,000,000. If this amount is insufficient for your project, a temporary increase can be arranged at an additional charge.
GRAPHIC DESIGN TERMS & CONDITIONS
Below are Digimall Pty Ltd (throughout this document will be referred to as Digimall) standard terms and conditions. It is vital that you (The Client) please take time to read through thoroughly and ensure you fully understand these terms and conditions and their implications before you commence any project with DIGIMALL. Please also note that from time to time DIGIMALL may need to alter these terms and conditions without notice. Please contact us if you do not understand any of the terms and conditions in this document.
Commencement of work
Agreement to work with, and submission of a design brief and payment of deposit to DIGIMALL constitutes agreement to these terms and conditions.
“The Client” agrees to pay a 50% deposit of the quoted amount to commence any design project, with the balance payable prior to delivery. Once research, resources allocated or design work has commenced on a project, this deposit is non-refundable. In the case of a change of mind by “The Client” this deposit is non-refundable. DIGIMALL endeavours to provide design services that meet and exceed a client’s needs and expectations, but in the event of a “change of mind” (after a project has commenced) by “The Client”, the initial 50% deposit is forfeited, plus a prorata payment based upon the time spent.
If the work time exceeds 4 calendar weeks in duration, “The Client”agrees to a progress payment of 50% of the balance per month until the conclusion of the project, with any outstanding amount payable in full upon delivery.
All printing accounts must be settled in full prior to the release of the files to the printer. Accounts which are not paid COD will incur a late administration fee of $20 + GST. Accounts which remain outstanding for 14 days after the date of invoice will incur an additional late payment fee equivalent to 5% of the project costs for each week payment is outstanding. If you are having difficulty paying your invoice, please get in touch as soon as you are aware of the issue, so we can discuss a solution that works for your company.
“The Client”also agrees to allow DIGIMALL to showcase any/all work created in the course of a project as part of DIGIMALL portfolio. DIGIMALL acknowledges the confidential nature of projects and agrees to only display project work once product/site has been publicly launched/commences.
DIGIMALL shall not be liable for any failure or delay in supply or delivery of products/services where such failure or delay is wholly or partly due to any cause or circumstances whatsoever outside the reasonable control of DIGIMALL. Including but not limited to war, natural disasters, strikes, lockouts, industrial disputes or unrest, government restrictions or transport delays, fire, power outages, failure attributable to hosting suppliers, breakdown of plant, theft, vandalism, riots, civil commotions, accidents of any kind or act of terrorism.
Fees for service
It is agreed that the fee for service shall be the cost estimates provided via email, unless work undertaken exceeds work outlined. If work undertaken exceeds the items specified in the quote, “The Client” agrees to pay appropriate fees for the excess work, outside the scope of the original agreement. Where ever possible the client will be notified of increases in the scope of the project.
This is defined as any work involving additions to the list of items defined in the Estimate of Services or changes to all pieces of finished artwork after sign off by an authorised representative of “The Client”. From time to time “The Client” will require extra design requirements during a project, or extra files upon completion of a project. The client will be informed that the alterations or changes requested fall outside the scope of the original estimate. If the client wishes these alterations to be made they must agree in writing, and a fee of $150 (plus GST if applicable) per hour will be payable.
Should additional design not initially quoted for be requested during the design process, a progress payment will be payable prior to further work being carried out. Otherwise, all additional costs will be added to the final invoice, payable prior to delivery of design files.
Publication and/or release of work performed on behalf of the client by “DIGIMALL” may not take place before cleared funds have been received.
Any booking fees, delivery fees, design commencement fees, or progress payments are non-refundable once work has commenced if the contract is terminated by the client, after work has commenced.
Liability & Litigation
It is agreed that all work and materials provided for “The Client”by “DIGIMALL” will be free and clear of all liens and encumbrances and may be lawfully used by “The Client” without infringing upon the rights of others including, and without limiting the generality of the foregoing, any copyright trade secret patent or trade mark rights of any third party.
It is agreed that “DIGIMALL” indemnify and hold “The Client” harmless from and against all claims for injury or death to persons or damage to property (including cost of litigation and legal fees) caused by, arising from or incidental to the services to be performed during the performance of the work outlined, except any such claims which are caused by the negligence of “The Client” or its employees, and it is agreed that we shall notify “The Client” in writing of full details of any such claim.
Under no circumstances shall DIGIMALL be liable to “The Client” for an indirect or consequential loss suffered by “The Client” relying on the information included in the supplies prepared by DIGIMALL including (without limitation) loss of profit, loss of contracts or pure economic loss. Any liability is strictly limited to the direct losses associated with remedial costs of the supplies only, not to include claims for delays, out of sequence working, non productive overtime, award of costs, etc. Liability to any third party for any reason is specifically excluded unless separately agreed in writing.
Approval of Final Artwork
While DIGIMALL takes all care to avoid errors, DIGIMALL accepts no responsibility for typographical errors, spelling mistakes, or incorrect information on any project committed to print or production. It is the “Client” responsibility to proof read and approve all final copy before the production of artwork. The email verification of the Client’s representative shall be conclusive as to the approval of all artwork prior to their release for printing, implementation or installation. No refunds or reprints are given after a final approved design has gone to print due oversights by “The Client’s” proof reading.
Print Returns And Refunds
It is agreed that the DIGIMALL is not responsible or held liable for any errors contained in the final product after the final product has been approved by the client, (approval may be given in writing), committed to print or posted in view of the public. DIGIMALL will not be held responsible for and changes or amendment made after approval. It is the sole responsibility of the client to notify DIGIMALL of any such errors during the revision cycle and before the final files have been generated.
In the event of a need to reprint due to errors in content, the client must inform DIGIMALL within 3 days of product acceptance, and must return the product (at the cost of the client) within 10 days of acceptance for assessment.
As with all print projects, payment for re-printed project MUST be prepaid.
Print – Colour Variations
With all printing there may be some colour variations from what you have seen on screen to what the final product looks like and previous orders. This is due to the nature of CMYK printing and bulk-run printing system. There will be no reprints at the expense of DIGIMALL.
DIGIMALL retains full ownership of design concepts and materials it produces. Unused concepts remain the property of DIGIMALL. DIGIMALL may still use paid-for concepts in its promotional materials and in its design portfolio. Unless the client requests otherwise, DIGIMALL Studio retains the right to display a small byline claiming design credit on works it produces, except for corporate stationery.
This granting of copyright does not extend to the use of design proposals and concepts submitted to but not approved for the work outlined. DIGIMALL reserve the rights to certain elements used to create your projects including RAW files, fonts, patterns, stock images, textures, colour palettes and other non exclusive items.
DIGIMALL reserve the right to use stock images in the creation of designs if required. Costs of this will be outlined to the client prior to purchase if not included in the proposal quote.
Other than for the promotional use of DIGIMALL all services provided shall be for the exclusive use of the client’s said purposes only. Designs may not be used for other promotional items, website or printed materials without permission. Upon payment of all invoices, reproduction rights for all approved final designs created by DIGIMALL shall be outlined in the Project Proposal. For additional usage, price will be assessed as needed.
In accordance with the Australian Copyright Act (1968), ‘licensing of copyright is subject to a mutual agreement made between client and designer’. Copyright will remain property of DIGIMALL till such time an agreement is in place. As part of DIGIMALL terms of business, the copyright licence is belong DIGIMALL. reserve the right to use all artwork produced, concepts produced in the course of the project (including those concepts not selected) and revisions for the purposes of promoting DIGIMALL in print or digital media portfolios, social media and blogs, except where the client has specifically requested in writing otherwise.
This proposal assumes goodwill from both DIGIMALL and “The Client” regarding:
- What can reasonably be achieved in a given time frame
- Making best use of resources to achieve the most effective outcomes
Resending Uploading Files
If a client losed or accidentally deletes the files delivered by DIGIMALL at the completion of the project, DIGIMALL can reupload to Drop Box, for a fee of $50 per request (plus GST). Providing the request from the “Client” has been made within 2 years from the date of completion.
Artwork on DVD or USB Drive
If any client artwork is required on CD/DVD, an administration fee of approximately – $50 plus courier/ postage will be payable.
Website design credit
“The Client” agrees to allow “DIGIMALL Graphic Design” to place a small credit on printed material exhibition displays, advertisements and/or a DIGIMALL Graphic on the “Client” website. This will 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 “DIGIMALL Graphic Design Studio” to place websites and other designs, along with a link to the client’s site on “DIGIMALL Graphic Design Studio’s” own website for self promotional purposes.
Some of DIGIMALL clients come from outside Australia. Being a niche market we are global specialists in the field of feminine graphic and web design and as such create work across the world, using contemporary communication methods such as Skype, Drop Box, Hightail, email and chat, along with the more traditional devices such as telephone.
From time to time circumstances beyond the control of either party may result in the need for project cancellation. In the event of the client cancelling a project after a project has commenced, the advance payment (deposit) will be forfeited in lieu of compensation to DIGIMALL. This is to cover design and administration time spent, resources purchased and allocated, research time and administration costs. If the project is more than 50% completed (this is determined by DIGIMALL and the client by negotiation) a prorata payment is payable for time spent up until cancellation notice, at an hourly rate of $150 per hour plus GST.
If a project is cancelled by DIGIMALL, due to unforseen circumstances, the deposit will be refunded in full to the client in a timely manner.
In the event of cancellation of the project by the client, ownership of all copyrights and the original artwork and disks shall be returned and retained by the DIGIMALL.
Website design post- completion alterations
Once web design is complete,”DIGIMALL” will provide the customer with the opportunity to review the resulting work. “DIGIMALL” will make one set of minor changes at no extra cost within 14 days of the start of the review period. Minor changes include small textual changes and small adjustments to placement of items on the page. It does not include changes to images, colour schemes or any navigation features. Any minor changes can be notified to “DIGIMALL” by e-mail and confirmed by post. ”DIGIMALL” will consider that the client has accepted the original draft, if no notification of changes is received in writing from the customer, within 14 days of the start of the review period. An hourly fee after this time for tweak and amendments is payable of $150 per hour plus GST if applicable.
It is agreed that employees of “DIGIMALL” shall not at any time either during the continuance of the work outlined or thereafter, except in the course of their duties, divulge any of the confidential affairs of “The Client” or any of its clients or associated companies to anyone whatsoever without the previous consent in writing of “The Client”.
Late payments & Default
Accounts which are not paid within 15 days will incur a late administration fee of $20 + GST. Accounts which remain outstanding for 30 days after the date of invoice will incur an additional late payment fee equivalent to 5% of the project costs for each week payment is outstanding.
An account shall be considered in default if it remains unpaid for 30 days from the date of invoice or “the client” has stated expressly that they do not intend to pay an invoice by “DIGIMALL”, unless prior arrangements have been made. “DIGIMALL” shall at it’s sole discretion suspend any and all services provided to the client by “DIGIMALL” or it’s subsidiaries (including but not limited to hosting, websites designed files, concepts, artwork, and email) and employ debt collection measures until the total outstanding balance has been fully paid. This includes any and all unpaid accounts due for services ordered, including, but not limited to design, hosting, domain registration, search engine submission, maintenance, sub-contractors, printers, photographers and libraries plus bank interest calculated daily for each day payment is overdue.
Suspension of such services does not relieve the client of it’s obligation to pay the due amount. Files on external servers, such as hosted e-commerce solutions will be removed and held until payment is made or for 30 days until the client has paid for their invoices in full.
“The Client” whose account is in default agree to pay “DIGIMALL” reasonable legal expenses and third party collection agency fees in the enforcement of these Terms and Conditions.
“DIGIMALL” retains all copyright for work performed.
“DIGIMALL” accepts no liability or responsibility for loss of income or damage to the client for work removed from third party servers, as a result of non-payment and “The Client” will not take legal action for any situation arising from invoice disputes or removal of the disputed work in such cases
Amendments to these Terms and Conditions
All and any amendments to the terms and conditions outlined in this submission must be provided in writing by “The Client”and signed by an authorised representative of “DIGIMALL” prior to the commencement of work outlined in this submission.
Freelance contractors and confidentiality
All contractors employed by “DIGIMALL” are held to a strict confidentiality and nondisclosure agreement. Contractors of “DIGIMALL” are also bound by a strictly enforced non-solicitation agreement for a period of 36 months after the conclusion of their work with “DIGIMALL”. If this was to be breached by the contractor “DIGIMALL” will take swift and reparatory measures to ensure “The Client” is made aware that the contractor in question is no longer a representative of “DIGIMALL” and acting independently.
Furthermore the unlawful contractor will be prosecuted through legal channels to the full extent of the law in such cases.
“DIGIMALL” aim for complete security of our clients and if we select contractors it is based upon previous work, references, and global checks with previous employers, as well as compliance with strict “DIGIMALL” guidelines of professional behaviour and ethics.
Graphic design, strategy, photography, TVC, illustration and marketing are all highly creative and subjective art forms. As such DIGIMALL take every possible care with professional advice offered and any suggested creative concepts and/or their implementation, however DIGIMALL cannot be held responsible for variations between expectation and outcome.
All information contained in this website is intended for general information purposes only. The information is provided by DIGIMALL. We try to keep the information up-to-date and ensure that it is correct, however, we make no warranties of any kind concerning the accuracy, completeness, suitability, reliability, or availability of the information contained in this website, or any products, services, links, or graphics that may be found on this website. Use this information at your own risk. DIGIMALL will not be held liable for any loss or damage, or loss of data from your use of this website, or in connection with this website. This includes indirect or consequential loss or damage. DIGIMALL has no control over websites that are linked to on this website.
Those third party websites are under the control of their owners, and DIGIMALL will not be held liable for your use of those websites. By linking to these sites, we are not endorsing or recommending any information or views expressed in the content on those sites.