Some Legal Definitions
A) The client is the person or entity (here-in-after referred to as “the Client” “client”) invoiced by Only Product Photos (hereinafter referred to as OPP) to provide photography for their product(s).
B) “Image(s)” means all viewable renditions furnished by Only Product Photos however produced or stored and delivered from or by any medium whatsoever.
C) “Product(s)” means any item whatsoever that is sent to OPP to photograph.
D) These “Terms and Conditions” are binding and apply to all OPP clients, their employees, and principals. By sending product(s) to OPP Client agrees to be bound by these terms and conditions indefinitely, during all phases of the job and after completion and delivery of Images. See below for further explanation of how the client is obligated by these “Terms and Conditions”.
Client’s Instructions & Permissions
A) We encourage client’s to provide specific written instructions on angle, view, positioning, etc. These instructions MUST be done before the scheduled shooting date or included with the delivery package along with the products. Lack of these instructions demonstrates your permission to leave the composition and layout of each product to the discretion of the photographer.
B) The client attests that it has obtained all relevant permissions to allow OPP to photograph all product(s) sent to OPP. The client expressly agrees to defend, indemnify and hold OPP harmless from any claim that should arise related to any photograph taken at the client’s request.
Client Payments & Refunds
A) For all projects, a non-refundable deposit of 50% is required before beginning work. If the job includes a model fee, then the non-refundable deposit will be the amount of the model fee, plus 50% of the photography costs. We will send you an email with a link for payment. The remaining balance is due upon acceptance of your proofs. We accept secure online payment through 2Checkout. Client may review the Terms and Privacy Policies at 2Checkout.com. We accept credit card payments with Visa, MasterCard, Discover, American Express and PayPal. We also accept payment by check or money order. Please make checks payable to Only Product Photos. If paying by check we require the full amount to be paid prior to beginning your photo project. Check processing may delay your scheduled photography date.
B) OPP will refund any overpayment made by client once the job is completed, payment has cleared, and products have left the OPP studio. Refunds will be made in the form of check and mailed to the address on the invoice.
Turn Around Time
A) Turn around times begin the day that OPP receives the client’s product(s) and deposit.
B) If a client’s order is under 100 photographs at one time, OPP’s usual turn around time is within 5 business days. Business days are specifically defined as Monday – Friday (excluding any holiday’s that fall on a work week day)
C) OPP is not to be held responsible for delays out of OPP control (ie: extraordinary weather conditions, transit strikes, acts of God).
D) Rush services and costs must be discussed and agreed to before product(s) arrive at OPP studio. If a rush situation does arise while product(s) are with OPP, OPP will make every reasonable effort to accommodate client’s needs. In this case, client will be billed or rush charges on the final invoice. If OPP was unable to accomplish the agreed upon rush timetable for any reason, client will indemnify OPP from any claims.
F) The client will have the option to cancel the order prior to the shooting date, and the client’s deposit (when it has cleared our bank) will be refunded. The client must arrange for their products to be sent back at the client’s expense. OPP must be notified in writing if the client wishes to cancel or postpone any order. If the job has started, then the client forfeits the deposit previously paid, in full and in addition, will be responsible for photography costs (and model costs, if applicable) incurred up to the date that written cancellation is received by OPP.
Send Us Your Best Looking Products
A) The product you send us is the product we will photograph. So please send us flawless product(s) (if possible). Make sure the label(s) on your product(s) are free of scratches or ‘bubbles’. Send us a clean product, free from dirt, grease, and markings.
B) Simple editing, retouching and cropping (if needed) will be made to each photo during phase four of our production process. Most products only require basic retouching which is included free of charge.C) If your product arrives damaged from shipping, we will contact you immediately and urge you to quickly send out a replacement product.
Shipping of Products and Insurance
A) The client is responsible for all shipping arrangements and costs of product(s) to and from OPP. During all phases of working with OPP, we recommend that the client will insure their products adequately against loss and damage.
B) OPP will not be held responsible in any way for products damaged or lost during the shipping process.
C) In each package sent to OPP, the Client should include their contact information, a list of product(s) included in each box, an order summary and specific written instructions on angle, view, positioning, etc. along with their product(s). Failure by the Client to include these items will result in scheduling delays.
D). Should the client fail to make return shipment arrangements within 30 days of approved images, those product(s) will become the sole property of OPP. OPP, at its sole option, may discard, donate or otherwise dispose of product(s). Client agrees to completely defend OPP against all claims, liability, damages, and expenses in connection with any product(s) that are left at the OPP studio after 30 days.
Image Files, Sizing & Resolution
A) The client will receive two files for each photo from us at no additional fee. We include a full size .jpg image at 72 dpi of your product on a white background used for online retailers or websites. We also include a high resolution .tif image at 300 dpi on a white background used for most printing needs.
Please note: The digital images we display have the most accurate color possible. However, due to differences in computer monitors, we cannot be responsible for variations in color between the actual product and your screen.
B) The product will cast a soft shadow onto a matte white background.
C) As an option, you may request a mask of the background, resulting in a photo with a pure white background and foreground (no shadow). The mask is now placed in a layer on the .tif file. Another layer that shows the original soft shadow will also be on the .tif file. A designer can then toggle between the photo with shadow or without using Photoshop. When a client has chosen a background other than seamless black or white paper, (ex: digitally placed solid colors or graduated background color options), background(s) will appear as a layer(s) in the .tif file. By choosing this option, your high resolution .tif file at 300 dpi is now altered to include all the layers but display the photos with your background choice and your .jpg files will also display the photos with your background choice.
D) If you need your images set to a specific size (height x width in pixels), please let us know and we will provide the file size you require at no additional charge. We can accommodate up to 5,520 x 3,680 px. You will receive your images sized to 2400 x 3000 pixels after cropping. This will give you a high quality 8x10 print at 300 dpi.
A) When your photography session is completed, we send you a link to a password protected online proofing gallery so you can review your proofs. Once approved, we email you an invoice for the balance and online payment. When payment is received in full, we then email you a link to download all of your image files.
A) We encourage client’s to provide specific written instructions on angle, view, positioning, etc. Lack of these instructions before the scheduled photo session demonstrates your permission to leave the composition and layout of each product to the discretion of the photographer.
B) We will make every reasonable effort to provide you with excellent photographs. If the client has provided clear and precise instructions and is unhappy with the image proof, we will photograph once again at no additional charge. Note: Additional charges will apply when a re-shoot is requested because; due to no fault of ours; you would like a different product in the photo; change your mind on the angle or positioning; or change any of your original instructions (if you sent any). Otherwise, a re-shoot is no charge.
C) All re-shoots will be given an extra 7 days turn around time.
A) All photographs and rights remain the exclusive property of OPP and are protected by U.S. and international copyright laws and may appear on OPP website and OPP promotional material without client’s objection.
B) The client is given a world wide, non-transferable, unlimited usage license for the client’s promotional and advertising purposes. OPP has the right to rescind this license should the client’s fail to perform any of it’s obligations under OPP’s Terms and Conditions.
C) The client is PROHIBITED to license, rent, lease, assign, sublicense, sell, or otherwise transfer ownership of the images to any other party whatsoever, and/or represent the images as their own. This limitation expressly includes reselling the images for any reason or any type of profit. These acts are a clear violation of the copyright agreement and law.
Third Party Usage
A) BE ADVISED All Third Party Usage must be negotiated separately with OPP.
B) What is Third Party Usage? Third Party is when an image created by OPP for a client is used by a different company in any way, shape or form. DO NOT SHARE images you commission OPP to create for your company with any other entity. Doing so is a clear violation of copyright law.
See related information here www.copyright.gov/title17/92chap5.html
These Terms & Conditions Are Binding
A) Client agrees to be bound by these terms and conditions indefinitely, during all phases of the job and after completion and delivery of Images. Engaging OPP means that you have read, understand and agree to all “Terms and Conditions” as stated here. No amendment or waiver of any terms is binding unless set forth in writing and signed by the parties.
B) These terms and conditions shall survive the completion of any and all jobs.
C) This agreement or any rights granted hereunder, may NOT be assigned or transferred to another by the client.
D) OPP may periodically change these terms and conditions, products, services, and pricing without notice to client. OPP will strive to post the latest version of the Terms and Conditions on it’s website (www.onlyproductphotos.com) and this shall serve as full and complete notice to client. This agreement incorporates, by reference, Article 2 of the Uniform Commercial Code and the Copyright Act of 1976, as amended.
E). The Client, Client’s principals, employees, agents, and affiliates are jointly and severally liable for the execution of all payments and other obligations hereunder.
A) Any dispute regarding this agreement or work performed by OPP shall be, at OPP's sole discretion, either handled by the arbitration entity selected by OPP or adjudicated in a North Carolina court.
B) The Client shall pay in full, in addition to any monetary judgment or award rendered in favor of OPP, all court costs, OPP’s legal fees, expenses, and legal interest. Client hereby expressly consents to the jurisdiction of the Federal courts with respect to claims by OPP under the Copyright Act of 1976, as amended.