Terms & Conditions
Style. The client has spent a satisfactory amount of time reviewing Provider’s work and has a reasonable expectation that Provider will perform the Services in a similar manner and style unless otherwise specified in this Agreement.
Consistency. The provider will use reasonable efforts to ensure Client’s desired Services are produced in a style and manner consistent with Provider current portfolio and Provider will try to incorporate any reasonable suggestion made by Client.
However, the Client understands and agrees that:
Every client and is different, with different tastes, budgets, and needs;
Photography services are often a subjective art and Provider has a unique vision, with an ever-evolving style and technique;
The provider will use its artistic judgment when providing Services for Client.
Although Provider will use reasonable efforts to incorporate Client’s suggestions and desires when providing Client with the Services, Provider shall have the final say regarding the aesthetic judgment and artistic quality of the Services; Dissatisfaction with Provider’s aesthetic judgment or artistic ability are not valid reasons for termination of this Agreement or request of any monies returned.
1.A) The client whose name is specified on the invoice the website (here-in-after referred to as “the Client”) has hereby commissioned TopitStudios LLC. (hereinafter referred to as TopitStudios LLC) to supply or create and deliver photography. “Image(s)” means all viewable renditions furnished by TopitStudios LLC hereunder, whether captured or stored in photographic magnetic, optical, or any other medium whatsoever.
You Must Tell Us Exactly How To Shoot It Simply, if you don’t tell us how to photograph it, then we won’t know how to photograph it. If we shoot it the way you tell us and you want something different than that, then we’ll have to bill you for the new photograph because we’ve already spent time shooting it the original way you told us.
1.A) TopitStudios LLC. is able to offer this low-cost service and quick turn around because it unencumbered by on-set art direction. Therefore, on-set art direction is not allowed.
1.B)Art direction is defined as the client or representative, either on set or virtually, approving or disapproving each photograph as it is photographed and giving live real-time direction of the shoot. Any client based interaction, which will hinder this unique process will be a violation of the terms and conditions.
1.C) Direction of how the images are to be photographed must be specified in the notes section in writing done during the ordering process or in a separate email as directed by the confirmation email. “Comps”, drawings, illustrations, tear sheets, cell phone images, reference URLs are required to help guide the photographers.
1.D)If the product was photographed like the example image provided by the client in style and position and The Client changes their mind and wants a different “look” or object position, then what was specified before shooting then the photographer has the option to cancel the job and refunds the money (minus the deposit) or The Client may pay for an extra photograph.
- E) If no example or guide images are provided then the client loses the right to a refund, revision, or approval
Refund Policy, Revisions, and Image. Approval/Disapproval
Since our services are of a creative nature, we provide them “AS IS” and as specified in the order form based on our sole judgment and without regard to the client’s approval. Unless a rejection fee has been agreed in advance, there is no right to reject by a client including on the basis of style, color, composition, editing, usability, or quality by a client. Any and all fees incurred in connection with the services are non-refundable. Any delay or failure of TopitStudios LLC. to invoice you shall not be deemed a waiver or release from the obligation to pay fees. Any returned or canceled checks shall be subject to a $50.00 returned/canceled check fee. You authorize us to charge your card for any fees you accrue in connection with the services. In addition to and without limiting our remedies at law or in equity, if you deliberately or inadvertently issue a chargeback to your credit card, you agree to pay a $50.00 fee. Any past due balances shall bear an interest rate at the highest legal rate permitted by applicable law. If your account is past due you agree to pay any and all collection costs including but not limited to court costs, attorney’s fees,
collection agency fees, and administrative costs. In addition, our services are subject to our Terms and Conditions, which can be found here.
1.A) The client will be given the chance to approve or disapprove an image within the framework of the guide images at the conclusion of the photo shoot via email or phone call when the images are posted to the download site, not before. The product in the disapproved image may be rephotographed or re-retouched up to 2 times or the client may choose to receive a 100% refund.
2.B) Disapproval must be expressed in detail as a phone call or email and very specific changes must be made clear.
3.C) If the disapproved image has been rephotographed or re-retouched 2 times or more, the photographer may choose to refuse additional changes and issue a full refund, force closing the job.
4.D) Using the images after a refund is a violation of copyright law and such violations will be pursued.
5.E) Usage of the image constitutes approval of the images.
6.F) The client may not request a refund, changes or reshoots after the client has approved the final images.
7.G) Images not downloaded after 30 days will be considered orphaned, the product forfeited and job closed.
8.H) Images that are disapproved are no longer liable to the 7 business day turnaround time or 3 day rush time.
9.I) Disapproved images will be redone in 7 business days or less from the time detailed directions are received.
Product Quality And Resulting Image
1.A)TopitStudios LLC. will photograph the item as it arrives at the studio. If the item has flaws, mislabels, “waves” in the labels, nicks in the package or products, inherent damage, it will be photographed as such.
2.B) If the item arrives unacceptably damaged as determined by our receivables department, you will be contacted and given a chance to send a new item to be photographed.
3.C) TopitStudios LLC may retouch certain minor flaws inherent in the product but it is not required too.
4.D) TopitStudios LLC can provide propping for a photo but the client must provide all props for the photograph. Clear direction is required, preferably in the form of a cell phone photograph of the setup.
1.A) When shooting a large quantity of products or highly difficult items sometimes TopitStudios LLC. will send a pre-approval image. Aspects of this pre-approval image, such as overall lighting quality & highlight position determines how other similar products will be photographed. If this “Guide Image” is approved, reshoots and re-retouching cannot be requested for these specific aspects.
2.B) If the client requests a reshoot or re-retouching of an aspect of a photograph that was defined by the “Guide Image” additional charges will be incurred at the standardTopitStudios LLC. rate for a reshoot or in a pro-rated rate of $250 an hour for re-retouching.
Turn Around Time & Delays
1.A) Turn around times begin upon the delivery of the products toTopitStudios LLC. Studio.
2.B) TopitStudios LLC. will make every reasonable attempt to deliver the pictures within a reasonable amount of time, however, TopitStudios LLC will not be held responsible for delays due to act of god or terrorism.
3.C) 7 day turn around time refers to 7 business days, specifically Monday – Friday.
4.D) 3 day rush turn around time refers to 3 business day, specifically Monday – Friday.
5.E) If the rush turn around time is not met than, the order will change to a 7 day order and a refund for the additional rush fees will be refunded. 6.F) Standard and Rush turnaround times are only applicable on order under 50 items. On orders where there are 50 or more items to photograph the turn around time will vary and is based on the total number of items to photograph and the difficulty. In this case, specific turnaround times are available upon request but are otherwise open and without a specified time frame.
1.A) The Client must pay 50% of the costs up front for all orders.
2.B) Estimate and contract will be sent and must be approved via email.
Image Sizing & Resolution
1.A) TopitStudios LLC. delivers an image that is a full resolution 300DPI file is the universal industry accepted high-resolution format. As a standard, images are color matched to the product, retouched for dust and scratches, skewed to be straight. Reflections are gradated to white no more than 25% below the product. Images are flattened and paths/clipping paths around the product can be found in the paths menu if ordered. Format: High Resolution Compression: Width/Height: Largest possible File Size, no smaller than 3000px on any side. Colorspace: Web-ready sRGB Background: 255/100% white around the product
2.B) TopitStudios LLC. will not be held responsible resizing or reformatting images to fit the clients wide range of possible uses. The image sizes are delivered in large format to enable the majority of these standard uses, for example on a website, in a standard sized catalog or printed in a magazine.
3.C) The images are delivered large enough for printable uses of a maximum of size of 8.5×11 inches with a print resolution of 300dpi and a minimum size as limited by a standard screen resolution. Uses of the images larger than this, such as billboard, vehicle clings, large convention displays; may not render or print with the optimal quality and is not covered by TopitStudios LLC.’s quality guarantee. D) TopitStudios LLC. will not deliver layered PSD files.
4.E) If you need help preparing your images for your website please contact us.
Products Shipping, Return Shipping
1.A) The shipping of products to and from TopitStudios LLC. is the sole financial and physical responsibility of the client enroot to TopitStudios LLC.
2.B) TopitStudios LLC. will not be held responsible for damaged goods in the shipping process.
3.C) The client must place the TopitStudios LLC. provided Order Summary, printed at the end of the process, in the box prior to shipping. If it is neglected, then TopitStudios LLC. will not be responsible for delays of photography or confusions.
4.D) Return shipping is optional and at the client expense.
5.E) Payment for return shipment is billed separately and returned at cost, in the same manner and with the same shipping service unless otherwise specified in the notes.
6.F) An invoice for the return shipping will be sent and once paid, the shipment will be made.
7.G) The Client assumes full risk of loss or damage to or arising from materials furnished by the client hereunder and warrants that said materials are adequately insured against loss, damage or liability. The client shall indemnify the Photographer against all claims, liability, damages, and expenses incurred by the photographer in connection with any claim arising out of the use of said materials hereunder.
Products That Are Not Returned
1.A) Return shipment of products is optional and must be requested.
- B) Non-perishable products are stored with TopitStudios LLC. for 7 days. After 7 days, TopitStudios LLC. shall become the owner of such products and items and maybe disposed of,
- A) Return shipment of products is optional and must be requested.
- B) Non-perishable products are stored with TopitStudios LLC. for 7 days. After 7 days, TopitStudios LLC. shall become the owner of such products and items and maybe disposed of, sold or donated.
COPYRIGHT /SOCIAL MEDIA INFORMATION:
Image Copyrights remain the property of Professional Photography INC As such, images may be used on Social Media / Website at my discretion.
Images may not be used in any other means other than agreed upon. The client invoice indicates the Usage Fee & Rights. Client may not resell the images, or “give” the images to other vendors selling their product.
This agreement is binding
The Client may not assign or transfer this agreement or any rights granted hereunder. This agreement binds and inures to the benefit of TopitStudios LLC., Client, Client’s principals, employees, agents, and affiliates are jointly and severally liable for the performance of all payments and other obligations hereunder. No amendment or waiver of any terms is binding unless set forth in writing and signed by the parties. However, the invoice may reflect, and the Client is bound by, oral authorizations for fees or expenses, which could not be confirmed in writing because of insufficient time. This agreement incorporates, by reference, Article 2 of the Uniform Commercial Code and the Copyright Act of 1976, as amended.
Except as provided below (b), any dispute regarding this agreement shall be, at TopitStudios LLC.’s sole discretion, either (1) arbitrated under the rules of the American Arbitration Association and the laws of Illinois. Judgment on the arbitration award may be entered in any court having jurisdiction. Any dispute involving $2,500 or less may be submitted without arbitration to any court having jurisdiction there of. The client shall pay all arbitration and court costs, TopitStudios LLC’s reasonable legal fees, and expenses, and legal interest of any award or judgment in the event of any ward or judgment in favor of TopitStudios LLC.., or (2) adjudicated under the law. The Client shall pay all court costs, the Photographer’s legal fees, and expenses, and legal interest on any award or judgment in the event of any award or judgment in favor for TopitStudios LLC. Client hereby expressly consents to the jurisdiction of the Federal courts with respect to claims by TopitStudios LLC. under the Copyright Act of 1976, as amended.
The Service and its original content (excluding Content provided by users), features and functionality are and will remain the exclusive property of Professional photography Inc. and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and may not be used in connection with any product or service without the prior written consent of Professional photography Inc..
DMCA Notice and Procedure for Copyright Infringement Claims
You may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright’s interest;
- a description of the copyrighted work that you claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work;
- identification of the URL or other specific location on the Service where the material that you claim is infringing is located;
- your address, telephone number, and email address;
- a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.