We care about your customer experience and our relationship enough to make sure we are both clear on the expectations we each have as we work together to create artwork that is tailored to your needs. The following is our standard terms, conditions and policies for our services and products. If you have any queries, please feel free to contact us at anytime. In case the need arises, these conditions may be altered to better suit your requirements. Any alterations would need to be clearly made in writing and agreed to by both of us.
For the purpose of these policies, the term “Artwork” shall mean material/services produced in whole or in part by The Company including but not limited to photography, digital imagery, printed photos, digital retouching/manipulating, graphic design, illustration, music, and video.
1. SERVICES AND PRODUCTS
The Client contracts The Company to provide services indicated within the approved Order Form / Service Proposal / Pro Forma Invoice provided by the Company. In a case where one was not provided, the applicable rate would be as listed in the current price list.
a. For the above-mentioned services and products, The Company charges the rates indicated within the approved Order Form / Service Proposal / Pro Forma Invoice provided by the Company. In a case where one was not provided, the applicable rate would be as listed in the current price list.
b. Session fees indicated include compensation for the skill, time and expense in preparing for the shoot, travelling to and from 1 shoot location, shooting, basic editing of the image proofs to select from,use of digital storage and provision of web gallery for sharing of Artwork.
c. For session bookings longer than 3 hours, a 20min break would be expected every 3 hours and 1 hour lunch break every 6 hours.
d. Per image fees indicated include compensation for the skill, time and expense in editing and retouching the final images ordered.
3. PERMISSION TO PHOTOGRAPH/FILM:
a. The Client takes responsibility for ensuring all portrait subjects featured in the Artwork have granted permission to be photographed/filmed and for their image to be used in connection with the Artwork, its uses and terms in this agreement. The Client also takes responsibility for ensuring all property owners of private locations featured in the Artwork have granted permission for their premises to be photographed/filmed and displayed for use in connection with the Artwork, its uses and terms in this agreement.
b. All arrangements with any subjects or properties related to or featured in the Artwork, including but not limited to fees and releases, are the responsibility of The Client who hereby indemnifies and holds The Company, its Agents, employees, officers, directors and assigns, harmless from and against any and all claims, losses, damages, judgements, liability etc. of any and all kind or nature whatsoever, and from any cost or expenses, which might arise from the making or use of the Artwork.
The Client hereby takes full responsibility for any and all claims from all persons present at the production of the Artwork, whether participating or not, and hereby fully releases The Company, its Agents, employees, officers, and assigns, from any and all claims from injuries including death, damages, or loss which may arise from the production of the Artwork.
Rights & Archiving
The Company owns copyright and usage rights to all Artwork they have created and grants The Client a license for use.
6. CLIENT LICENSE
a. If selected, the Client is granted a commercial license in accordance with a license agreement.
b. The license granted allows The Client and the applicable company /brand of The Client to use the Artwork for commercial use. The term commercial use includes the use and display of the Artwork for promotional, branding and advertising objectives.
c. The license granted is for unlimited duration and is not restricted by location.
d. Further rights and limitations conferred by the license is indicated by the following terms included in the license title and described in this sub-section.
i. non-exclusive means The Company retains all rights to the Artwork including portfolio and promotional use.
ii. semi-exclusive means The Company relinquishes all rights to sub-license the Artwork to any other entity and agrees not to include Artwork for any portfolio use until after Client has displayed Artwork to the public (i.e. published in a released advertisement or promotional material, posted online on social media or website).
iii. exclusive means only The Client has permission to use and display the Artwork. The Company relinquishes all rights to sub-license or display the Artwork.
iv. web use means the license applies to online commercial use of the Artwork (e.g. use in app, website, social media, email and online advertisements).
v. print use means the license applies to printed use of the Artwork (e.g. brochures, posters, printed magazine/newspaper, banners).
e. For the purposes of this agreement, portfolio use includes but is not limited to The Company's website, social media, printed portfolio and promotional materials (including brochures).
7. LICENSE TO THIRD PARTIES (optional)
a. In the event that The Client is acting on contract for a third party for which the Artwork is intended for, The Company grants The Client permission to sub-license the Artwork to indicated third parties. The Client's right to sub-license is limited to the extent of the license it obtains under this agreement.
b. (optional) The Client approves of the Company granting a license to other indicated third parties for portfolio use only as selected and indicated.
8. RETENTION OF ARTWORK FILES
The right is reserved by The Company to retain digital copies of the Artwork created. The Client is responsible for the back-up of the Artwork files provided to them but in case of misplacement, The Company guarantees The Client at least 3 months of free archiving of Artwork and free re-sending of finalised Artwork files.
Delivery of Digital Artwork
9. DELIVERY TIMELINE (depends on service, size of project/assignment and may vary per contract)
After images/footage are recorded, time is needed for the files to be processed and enhanced (via editing, and in some cases, retouching). The time for this depends on the amount of images/footage taken, amount of Artwork files ordered, and extent of enhancements/edits suited/requested. An expected time of delivery will be advised by the Company. If needed, it may be possible for a small order or part order to be fast-tracked; in some cases this may incur an additional fee. Please discuss this with The Company before the shoot. Unless otherwise indicated, most orders are usually delivered within 1-4 weeks.
10. DELIVERY METHOD
The Artwork will be delivered via a private online gallery. This gallery will be accessible for at least 2 weeks.
11. DEADLINE FOR PAYMENTS
Generally, payments can be made before the shoot session, at the time of the shoot session or at the time of ordering. The due date for payment is indicated on the invoice. Generally, the payment deadline is 30 days after the shoot session date. The due date day ends by 8pm of the date indicated.
12. CIRCUMSTANCES FOR UPFRONT PAYMENT
For any order with a total cost quoted over $1, 000 BBD requires a 30% upfront payment which must be made before the commencement of service. This payment must be received by the Company at least 5 days prior to the shoot session.
13. PAYMENT OPTIONS
Payments can be made via bank transfer, direct bank deposit, cheque, cash (in BBD or USD currency), PayPal, Kwikily, MMoney or Cave Shepherd Mobile App.
14. DELIVERY OR COLLECTION OF PAYMENT
Arrangements for collection/delivery of payment should be agreed to 48 hours in advance. Cheques may be delivered or mailed to the The Company's registered business address (5 Prior Park Gardens, Stage 1, St. James, Barbados, BB13002).
15. LATE PAYMENT FEE
If full payment is not made by the due date of the invoice then the Client will incur a late payment fee of 10% of the outstanding balance to be paid. The fee would be charged 1 day after the due date on the invoice and would be re-charged for every 30 days until the invoice is fully paid.
Cancellation and Refund Policies
16. GENERAL REFUND POLICY
In the event that the production or processing of the Artwork is delayed, postponed or cancelled at the request of The Client then The Client shall compensate The Company for the proportion of all work already done and expense already incurred.
17. CIRCUMSTANCES FOR REFUND
a. In cases where the shoot is cancelled by The Company or in cases where circumstances prevent The Company from providing adequate service (e.g. The Company’s key equipment failure, sickness, or negligence), The Client is entitled to a full refund for that shoot or a discount if they still wish to order or have received any images/footage taken.
b. In cases where The Client cancels or reschedules the shoot with less than 12 hours notice of its scheduled commencement, any travel and production expenses already spent are still billable by The Company, or in cases where a deposit is made, are not refundable. The remainder of the deposit is refundable as long as communication for cancellation/request for a re-shoot is made before Artwork files are sent to The Client.
c. Any physical products that possess manufacturer defects or have become damaged during posting must be returned within 30 days and will be replaced free of charge or a full refund granted.
18. NON-REFUNDABLE DIGITAL DOWNLOADS
Due to the nature of digital production of the Artwork and the fact that digital files sent cannot be unsent or physically be returned, there is a general no refunds policy on digital Artwork files ordered and already sent to The Client.
19. IN-PERSON ORDERING OPTION
If The Client is unsure about whether they will want to order images/footage from a shoot, an in-person ordering session is recommended. This will allow The Client to preview images/footage. This must be requested before digital Artwork files are sent.
Signing of Service Agreement
Signatories confirm that they are a legally competent adult with the right to contract in their own name. Signatories confirm that they have read and fully understood the terms in the Service Agreement.
21. COPIES: A downloadable copy of the Service Agreement will be made available to The Client.
a. If any provision(s) of the Service Agreement or portion(s) thereof is/are determined to be void or unenforceable, such provision(s) or portion(s) thereof shall be deemed severed and the remaining provisions of portion(s) thereof shall remain in full effect.
b. The Service Agreement shall be governed by and interpreted in accordance with the Laws of Barbados. Any dispute arising under this Agreement shall be resolved exclusively in an applicable Court of Law within the jurisdiction of Barbados and the parties hereby submit to the jurisdiction of the Court of Law of Barbados.
The parties agree to cheerful cooperation and communication for the best possible result within the definition of the assignment.