Terms and Conditions

POW TERMS AND CONDITIONS

 


Legal Definitions

A) The client whose name is specified on the invoice the website (here-in-after referred to as “the Client”) has hereby commissioned Products On White Photography (hereinafter referred to as POW) to supply or create and deliver photography.   “Image(s)” means all viewable renditions furnished by Products on White Photography hereunder, whether captured or stored in photographic magnetic, optical, or any other medium whatsoever.  Blah Blah Blah...

 

You Must Tell Us Exactly How To Shoot It

A) POW is able to offer this low cost service and quick turn around because it unencumbered by standard live art direction and it is not allowed.

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.

C) Direction of the 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.

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, than what was specified before shooting than the photographer has the option to cancel the job and refund the money or The Client may pay for an additional photograph.

E) If no example or guide images are provided than you loose the right to a refund, revision or approval.

 

100% Refund Policy, Revisions and Image Approval/Disapproval

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 photoshoot via email or phone call when the images are posted to the download site, not before. The product in the disappoved image may be rephotographed or re-retouched up to 2 times or the client may choose to receive a 100% refund.

B) Disapproval must be expressed in detail as a phone call or email and very specific changes must be made apparent.

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. 

D) Using the images after a refund is a violation of copyright law and such violations will be pursued.

E) Usage of the image constitutes approval of the images. 

F) The client may not request a refund after you have approved the final images.

G) Images not download after 30 days will be considered orphaned, the product forfeited and job closed.

H) Images that are disapproved are no longer liable to the 7 business day turn around time or 3 day rush time.  

I) Disapproved images will be given an additional 7 buisness day time turn around time or with rush an additional 3 business day turn around time to reshoot or re-retouch the disapproved images.

 

 

Product Quality And Resulting Image

A) POW will photograph the item as it arrives at the studio.  If the item has flaws, mis-labels, "waves" in the labels, nicks in the package or products, inherent damage, it will be photographed as such. 

B) If the item arrives unacceptably damaged as determined by our recievables department, you will be contacted and given a chance to send a new item to be photographed.

C)  POW may retouch certain minor flaws inherent in the product but it is not required too.

D) POW does not do additional propping, which can be described as placing items that are not the product next to the main product to enhance the image because this normally requires art direction from the client.  For example, if photographing a pill bottle, additional propping would be placing pills next to the bottle.  However, if POW agrees to additional propping by special request from the client, the client may not disapprove of the image based on the prop styling.  

 

Pre-approval Images

A) When shooting a large quantity of products or a highly difficult items sometimes POW will send a pre-approval image. Aspects of this pre-approval image, such as overall lighting quality & highlight position determine how other similar products will be photographed. If this "Guide Image" is approved, reshoots and re-retouching cannot be requested for these specific aspects.

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 standard pow rate for a reshoot or in a pro-rated rate of $100 an hour for re-retouching.

Turn Around Time & Delays

A) Turn around times begin upon the delivery of the products to POW Studio.

B) POW will make every reasonable attempt to deliver the pictures within a reasonable amount of time, however, POW will not be held responsible for delays due to act of god or terrorism.

C) 7 day turn around time refers to 7 business days, specifically Monday - Friday.

D) 3 day rush turn around time refers to 3 business day, specifically Monday - Friday.

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.

F) If the 7 day turn around time is not met, than the client may ask for a full refund on the 8th day.

 

Payment

A) The Client must pay 100% of the costs up front through the website for orders less than 100 products

B)  For order over 100, an estimate and contract will be sent and must be approved via email.

 

Image Ownership And Usage

A) All photographs and rights remain the exclusive property of POW.

B) Ownership is different than usage and the client is given world wide, unlimited usage rights for an unlimited amount of time, in an unlimited amount of mediums and alterations for promotional and advertising usage of the company that made the order.

C) The client may not, however, re-licence or sell ownership of the images to others as their own, license the images to others or give images to others for 3rd Party Usage.  This includes reselling the images or placing them in stock for profit and it is a violation of the copyright agreement.

 

Third Party Usage

A) All Third Party Usage must be negotiated separately with POW.  Images can be re-licensed, with the original clients permission, at $39.99 per image.

B) Third Party Usage is when the graphics are used to promote or advertise a company that is not the client and is a violation of national copyright laws. For example: If a POW is hired to shoot a bottle for Bottles.com, than that bottle picture can only be used to promote Bottles.com and not the manufactures of the bottle.

C) The client may provide images to it's distributors.  Like if Bottles.com decides to retail on Amazon, they may provide images to Amazon.

C) Unlicensed usage, such as third party usage is a copyright violation.  More info can be found at http://www.copyright.gov/title17/92chap5.html

 

Image Sizing & Resolution

A) POW delivers an image that is a full resolution Tif, not smaller than 5x7 inches @ 300dpi or 2100pixels by 1500pixels or a 9mb file.  The Tif file is the universal industry accepted high resolution format.

B)  POW 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.  

C) The images are delivered large enough for printable uses of a maximum of size of 8.5x11 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 POW's quality guarantee.

 

Products Shipping, Return Shipping

A) The shipping of products is the sole financial and physical responsibility of the client enroot to POW.

B) POW will not be held responsible for damaged goods in the shipping process.

C) The client must place the POW provided Order Summary, printed at the end of the process, in the box prior to shipping. If it is neglected, than POW will not be responsible for delays of photography or confusions.

D) Return shipping is optional and at the client expense.

E) Payment for return shipment is billed separately and returned at cost + %10, in the same manner and with the same shipping service unless otherwise specified in the notes.

F) An invoice for the return shipping will be sent and once paid, the shipment will be made.

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

A) Return shipment of products is optional and must be requested. 

B) Non-perishable products are stored with POW for 1 month.  After 1 month, POW shall become the owner of such products and items and maybe disposed of, sold or donated.

 

Over-Payment, Under-Payment And Refund Information

A) If a client over pays for the service, POW will immediately refund the difference once the error has been recognized and the client has been informed.  If the overpayment is held for over 30 days because the client cannot be reached, a refund will automatically made.

B) If a client underpays for a service, for example the client pays for 5 products to be shot and sends 6.  The client will be informed and a gallery will be delivered in a non-downloadable format until the difference has been paid.  

C)  All refunds are made though paypal to the paypal account or credit card that it was processed on.  

 

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 POW, 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.

 

Disputes

Except as provided below (b), any dispute regarding this agreement shall be, at POW's sole discretion, either (1) arbitrated in Chicago 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, POW'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 POW., or (2) adjudicated in Chicago under the laws of Illinois. 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 POW. Client hereby expressly consents tot he jurisdiction of the Federal courts with respect to claims by POW under the Copyright Act of 1976, as amended.

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