Event and Family Photographer in Sydney Australia
Terms of Trade and Conditions
1. APPLICABILITY AND ACCEPTANCE OF THESE TERMS
1.1 These Terms of Trade (“Terms”) apply to each order that SB Creatives Photography (“Sam Babus”, “I” or "me" ) accepts from a customer (“you” “your”) for the supply of products or services. For the purposes of these Terms, “products” are digital and print products and “services” refer to publications or services delivered in any medium, including those services to which the additional terms apply.
1.2 Your acceptance of products and services from me means that you accept these Terms. No variation by you of these Terms will be valid unless agreed by me in writing and signed by each party’s authorised representative.
1.3 I may make changes to these Terms from time to time to accommodate changes in law, business practice or the introduction of new products or services. If I do, I will not notify you in writing before those changes take effect. Your acceptance of further products and services and/or payment of further instalments due after the date I notify you of a change is deemed acceptance of those changes. If you do not want to accept the changes, you are entitled to terminate any ongoing subscription affected by written notice to me before the changes take effect.
1.4 For the purposes of these Terms:
(a) a reference to “writing” includes any method of representing words, figures or symbols in a permanent and visible form including online or in an electronic communication;
(b) a reference to “online” or to an “electronic communication” includes communication of information in the form of data, text or images by means of guided and/or unguided electromagnetic energy, including by means of the Internet.
2. PRICES, CHARGES AND PAYMENT
2.1 You agree to pay in full the amount specified on any invoice rendered by me for products and services supplied to you within 7 days of the date of the invoice (unless I agree otherwise in writing).
2.2 Where I make individual deliveries of products or deliveries in instalments, you may be invoiced separately for each delivery in which case, you agree to pay each invoice according to its terms.
2.3 If I have to convert the price or the charge for the cost of importation from another currency, you agree that I have absolute discretion in relation to the exchange rate used to make the conversion.
2.4 I may make available or send documents and information to you, including invoices, by means of an electronic communication. You acknowledge that I am not liable in respect of:
(a) any error, omission or loss of confidentiality arising from an electronic communication;
(b) any unauthorised copying, recording or interference with a document;
(c) any delay or non-delivery of a document; or
(d) any damage caused to your system or files by such electronic transmission (including by any computer virus).
3.1 SB Creatives Photography owns the copyright to the images under the Australian Copyright Law and The Client is obtaining digital files and prints for their own use only.
3.2 No altering of the digital files is permitted including cropping and filters and other editing that is done to the images.
3.3 All images and assets appearing on SB Creatives Photography website, unless noted otherwise, are the exclusive property of SB Creatives Photography and are protected under the Australian and International Copyright laws. The images may not be reproduced, copied, transmitted or manipulated without the written permission of SB Creatives Photography. These copyright laws impose substantial penalties for infringement, and violators will be prosecuted to the full extent of the law.
4. SUPPLY OF SERVICES
4.1 When you agree to go ahead with the booking, I will:
a) Use of professional photography equipment and strobes to capture photos to an acceptable and professional standard.
b) Provide images in high-resolution (or known as High-Res) which is 300DPI with a minimum of 3000 Pixels in the longest edge.
c) To obtain all consent will be asked before promoting the photography service that SB Creatives Photography undertook. If you don't want the photos to be shown SB Creatives Photography respects your privacy and wishes.
d) Bring a smile to the client's faces and a good attitude to any job.
e) Liaise with all parties before, during and after the family or headshot photography session or event.
f) Engage in ethical practices and uphold privacy laws with the client's information. This information will not be given out to anyone except for those who are needing it to conduct the service alongside the photographer (e.g: assistant).
5.1 In these Terms references to “Personal Information” and “the Privacy Act” have the meaning given to those terms in the Privacy Act 1988 (Cth).
5.2 You acknowledge that Personal Information collected, used and disclosed by us may be used for a variety of purposes including:
(a) to supply services;
(b) to administer your account and to enforce this contract; and
(c) for marketing purposes which may include disclosure of your information to other members of SB Creatives Photography.
5.3 If you do not want us to use Personal Information disclosed by you to us for marketing purposes, please advise me in writing.
5.4 You expressly acknowledge and consent to:
(a) me transferring and disclosing Personal Information provided by you to us to our third-party service providers located outside of Australia (including, but not limited to, the United States for gallery and website hosting) to the extent required in providing access to, maintaining and servicing our products and services as part of our information technology arrangements; and
(b) such third-party service providers storing and processing such Personal Information provided by you on servers outside of Australia (including, but not limited to, servers located in the United States for gallery and website hosting.)
5.5 If you provide us with Personal Information about another individual, you will ensure that that individual is aware:
(a) that you have supplied their Personal Information to us and the reason.
6. GOVERNING LAW
These Terms will be governed by and construed according to the law of New South Wales and the parties agree to submit to the jurisdiction of the courts and tribunals of or exercising jurisdiction in that State.