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Terms Of Service

Statement of Confidentiality

This document is confidential and contains proprietary information and intellectual property of SNAPSHOT-Photography and Films. Neither this document nor any of the information contained herein may be reproduced or disclosed under any circumstances without the express written permission of SNAPSHOT-Photography and Films. Please be aware that disclosure, copying, distribution, or use of this document and the information contained therein is strictly prohibited.

 

 

TERMS OF SERVICE

THIS DOCUMENT IS AN ELECTRONIC RECORD AS DEFINED UNDER SECTION 2(T) OF THE INFORMATION TECHNOLOGY ACT, 2000, AND RULES THEREUNDER AS APPLICABLE AND THE PROVISIONS PERTAINING TO ELECTRONIC RECORDS IN VARIOUS STATUTES AS AMENDED BY THE INFORMATION TECHNOLOGY ACT, 2000. THIS ELECTRONIC RECORD IS GENERATED BY A COMPUTER SYSTEM AND DOES NOT REQUIRE ANY PHYSICAL OR DIGITAL SIGNATURES.

In this Terms of Service (from now on referred to as "Agreement" or "Terms of Service"), the term “Client ” refers to the person booking the services of the Company, the term “Company” refers to SNAPSHOT-Photography and Films & Little Hearts, a freelancing photo studio. Both will be referred to individually as a “Party” and collectively as the “Parties”. This agreement governs the services availed by the Client of the Company.

The Client agrees to be bound by the following: (1) Terms of Service, (2) Privacy Policy, and (3) Disclaimer and including any future amendments herein. That the Terms of Service, Privacy Policy, and Disclaimer shall hereinafter be referred to collectively as the “Policies”. The Client also agrees that by booking the services of the Company, the Client has read and understood the Policies mentioned herein, as together the said Policies form a binding agreement between the Company and the Client regarding the Services provided herein.

1. DEFINITIONS:  As used in this Agreement, the following terms shall have the meanings set forth below

 

  • “Agreement” means this Terms of Service and its annexures together with all amendments as approved in writing by the Parties from time to time;

 

  • “Booking Fee” means 50% of the Charges which are to be paid by the Client at the time of booking the service of the Company to retain the Company for performing the services.

 

  • "Charges" means the total amount charged by the Company from the Client for rendering the Service as requested by the Client.

 

  • "Duration" means the duration of events for which Company services are retained.

 

  • “Event” means the purpose for which the Company Services are retained.

 

  • “Photography Material” means images, videos, slides, animations, and albums captured and created by the Company during and after the event.

 

  • “Remaining Amount” means charges remaining to be paid after the payment of the booking fee.

 

  • “Services” means creative wedding photography, pre-wedding photography, baby shoots, and maternity shoots.

2. ACCEPTANCE:  The Client, by booking the services of the Company, signifies:

  • 2.1. the acceptance of all policies, documents, notifications, and notices contained or referenced herein and to comply in accordance with the present Agreement; and

  • 2.2.  the Client has read and understands this Agreement.

  • If the Client does not agree to be bound by this Agreement and other policies, the Client shall not avail of the services of the Company.​

  • If this Agreement conflicts with any other document, this Agreement will prevail for the purposes of services rendered by the Company.

 

3. SERVICES:

The company provides services inter alia creative wedding photography, pre-wedding photography, baby shoots, and maternity shoots and also includes after-event services and delivery of photography material thereof.

4. GRANT OF LICENSE:

Company hereby, subject to payment of all requisite charges, grants the Client a non-exclusive, non-assignable, and limited license to access, post, modify, or distribute the Photographs, slides, animations, videos, and any other photographic material which is the exclusive property of the Company in accordance with the terms of this Agreement.

5. OWNERSHIP OF LICENSED MATERIALS AND RESTRICTIONS:

The photography material of the event is the Licensed Material and Licensed Materials are proprietary to the Company and are protected under copyright law, and all rights, title, and interest in and to the Licensed Materials, including all revisions, updates, and enhancements thereof and derivative works based thereon and all intellectual property rights contained therein or relating thereto, are and will at all times remain with Company. This Agreement does not convey to the Client any interest in or to the Licensed Materials, but only a limited right of use, subject to and revocable in accordance with the terms of this Agreement.

6. CHARGES:

  • 50% of the charge agreed is required at the time of booking (the “BOOKING FEE”). Dates are reserved only when this Booking Fee is paid by the Client to the Company either by way of Cash, Bank transfer, UPI, or Cheque. A booking confirmation email will be sent by the Company on receiving the Booking Fee at the Email address provided by the Client at the time of booking.

  • Balance 50% (the “REMAINING AMOUNT”) should be paid on the event date once the event is over. If the location of the event is in a different city or town or village from Durgapur, West Bengal, then in that case the client has to pay the remaining 50% of the agreed amount on the very first date of the event once the team starts their work.

7. COMPLETION OF WORK:

Work is complete when the Company provides the Client with the agreed Services and all the material thereof. A Completion of work email will be sent to mark this. On completion of work and clearance of final payment, the Client will be notified with a clearance invoice from the photographer.

8. CANCELLATIONS AND POSTPONEMENTS:

  • Once Client and Company have agreed on time(s) and date(s) for a Service, Company will engage a dedicated team for that client only, and that team will solely work for that specific Client for that time(s) and date(s). Whether the Client postpones or cancels an assignment, or is unable to reschedule said assignment to a time and date agreeable to the Company, Client will be responsible for payment of any and all expenses up to the time of postponement or cancellation. If the same assignment is rescheduled for a later date, the full fee and any additional expenses will be charged for the actual shooting. If the client cancels the event for whatever reason, the booking fee is non-refundable.

  • Any deposits paid on booking become non-refundable for cancellation, or postponement, made within sixty (60) days of the photography date, For any such cases, the client will be charged 100% of the fees. Fees for cancellation or postponement will apply irrespective of the reasons for the cancellation or postponement. However, Photographer understands that life doesn't always happen as planned and consideration will be given in any such circumstance.

9. FAILURE TO PERFORM:

  • If the Company is unable to supply its photographic services due to illness, mechanical breakdown, accident, acts of God, or any other cause beyond its control, then the Company will attempt to procure the services of another professional photographer to fulfill its obligations.

  • If that does not succeed, Company will return any fees paid by the Client and will have no further liability with respect to this Agreement, and Company will not be responsible or liable for any other damages beyond the amount of this Agreement.

  • This limitation of liability will also apply in the event that any Images are lost or damaged through equipment malfunction, or otherwise, without the fault of the Company. In case, the client has requested to use “Drone” cameras, the Company may decide not to fly it, for bad weather or any other reasons like inappropriate location, obstructions, crowded places, etc. The client is requested to consult with the Company about the venue beforehand.

  • While a Company may choose to archive the Photographic material, it is the Client's responsibility to properly store and archive the Photographic material for the duration of the term of the license. The Company cannot guarantee the availability of any Photographic material beyond the date of completion of work.

10. DIGITAL FILE QUALITY:

The Company is committed to providing high-quality services. Proof online album containing all images taken during the day will be available for the client to view within 4 weeks after the event date only after the full payment is cleared by the client. The extension of the images in the online album will be in ".jpg" or ".JPEG" format. If the Client wants the images in the RAW format then are requested to collect them from our office on their personal Hard Drives. RAW video footage shall not be delivered to the client.

11. CONFIDENTIALITY OBLIGATIONS:

  • The Parties acknowledge that the existence and the terms of this Agreement and any oral or written information exchanged between the Parties in connection with the preparation and performance of this Agreement are regarded as confidential information. Each Party shall maintain the confidentiality of all such confidential information, and without obtaining the written consent of the other Party, it shall not disclose any relevant confidential information to any third parties, except for the information that: (a) is or will be in the public domain (other than through the receiving Party’s unauthorized disclosure); (b) is under the obligation to be disclosed pursuant to the applicable laws or regulations, rules of any stock exchange, or orders of the court or other government authorities; or (c) is required to be disclosed by any Party to its shareholders, investors, legal counsels or financial advisors regarding the transaction contemplated hereunder, provided that such shareholders, investors, legal counsels or financial advisors shall be bound by the confidentiality obligations similar to those set forth in this Section. Disclosure of any confidential information by the staff members or agencies hired by any Party shall be deemed disclosure of such confidential information by such Party, which Party shall be held liable for breach of this Agreement.

  • This Section shall survive the termination of this Agreement for any reason.

12. INDEMNIFICATION:

  • The Client agrees to defend, indemnify and hold harmless the Company, its Affiliates, Users, and their respective officers, directors, shareholders, contractors, agents, and employees from and against, any and all liabilities, obligations, losses, damages, injuries, penalties, actions, judgments, suits, claims, costs, expenses or disbursements, arising out of, or in connection with, (a) any breach or default by the Client of any of the Client's representation and warranties; (b) any breach of the terms of this Agreement or applicable laws, statutes, ordinances and regulations by the Client; and (c) any claim by a Client against the Company.

  • The Company agrees to defend, indemnify and hold harmless the Client and the Client's Representatives from and against, any and all liabilities, obligations, losses, damages, injuries, penalties, actions, judgments, suits, claims, costs, expenses or disbursements, arising out of, or in connection with, (a) any breach or default by the Company of any of its representation and warranties; and (b) any breach of this Agreement or applicable laws, statutes, ordinances, and regulations.

13. INTELLECTUAL PROPERTY RIGHTS:

  • All photographic materials, such as originals, negatives, photos, or slides shall be the exclusive property of the Company. The Company shall own the copyright in all images and videos captured and created during the event and may use the work for samples, contests, exhibitions, advertising, and self-promotion. Usage outside this agreement will require the Client’s consent.

  • The Company shall retain and be the sole and exclusive owner of all the rights, titles, and interests in any and all the intellectual property in the services provided herein including without limitation any copyright, trademarks, patents, trade secrets, know-how, look and feel, design, logo, derivative works, improvements or any and all proprietary information owned, controlled or developed by it prior to the execution of or independently of this Agreement and the Client shall not claim any right, ownership or interest in any of the foregoing. Except for the limited rights granted under this Agreement, nothing contained herein grants any license, right, title, or interest to the Client in the intellectual property and proprietary rights of the Company in the Licensed Material as stipulated herein.

  • The Company reserves all rights not expressly granted by it to the Client under this Agreement.

14. DIGITAL FILE QUALITY:

This Agreement shall be valid and continue to be operative as long as (i) the duration of the events; (ii) delivery of photographic material thereof; and (iii) complete payment for the services (rendered or pending) are received by Client.

15. REPRESENTATION AND WARRANTIES:

  • Each Party represents and warrants that they are duly incorporated and validly existing entities or individuals, as the case may be, and are in good standing under the applicable laws and regulations.

  • Each Party represents and warrants that all the requisite permits, licenses, approvals, and other necessary authorizations from any governmental, statutory, or other applicable authority have been obtained by it pertaining to the execution and performance, and delivery of this Agreement.

  • Each Party undertakes that there is no action or proceeding of any nature pending against it before any court of law or authority including but not limited to proceedings of insolvency or bankruptcy that may hamper or inhibit the execution and performance of this Agreement.

16. WARRANTY:

The Company represents and warrants that it will render the Services in a professional manner consistent with general industry standards.

16.1. The Company provides no warranty that:

  • 16.1.1. The Services will be uninterrupted;

  • 16.1.2. The Services will meet the Client's requirement;

  • 16.1.3. Accuracy or reliability of the results that may be obtained from the use of Services; and

  • 16.1.4. The quality of Services, information, or other material obtained by the Client from or through the Services will meet the Client's expectations.

16.2. The Company shall not be liable, whether in contract or in tort in any manner whatsoever for

  • 16.2.1. any interruptions in the services;

  • 16.2.2. delay in rendering or interruptions in the Services;

  • 16.2.3. loss, theft, non-delivery, destruction, or corruption, of Photographic Material;

  • 16.2.4. any other event beyond the control of the Company.

17. LIMITATION OF LIABILITY:

Neither party shall be liable for any special, indirect, incidental, or consequential damages (including damages for loss of business, profits or any other loss) incurred or suffered in connection with the Services performed in connection with this agreement.

18. ARBITRATION:

Notwithstanding anything contained in this Agreement, all disputes arising in connection with this Agreement shall, to the extent possible, be settled amicably by prompt negotiations between the Parties. In the event of any failure to settle the disputes by mutual negotiations within thirty (30) days of the commencement of the negotiations, the Parties shall refer the dispute to arbitration to a sole arbitrator appointed by the parties mutually in accordance with the provisions of the Arbitration and Conciliation Act, 1996, the Arbitration Rules or any other statutory modification, amendment or re-enactment thereof from time to time in force. The decision of the sole arbitrator shall be final and binding on the Parties. The venue of Arbitration will be Durgapur Court, wherever the claimant initiates the proceedings. The language of Arbitration shall be English. Nothing contained herein shall restrict either Party from seeking any interim injunctive or other equitable relief as may be necessary or appropriate to prevent /irreparable loss or harm and mitigate damages from a court of appropriate jurisdiction. The Parties shall bear their respective cost incurred by them for Arbitration.

19. GOVERNING LAW/AND JURISDICTION:

This Agreement will be governed by the laws of India. Both parties hereby agree that the courts of Durgapur, West Bengal shall have the sole and exclusive jurisdiction over any matter or dispute arising out of this Agreement.

20. FORCE MAJEURE:

The Company will be excused from the performance of its obligations hereunder and will not be deemed to be in breach of or otherwise liable under this Agreement due to its inability to perform its obligations for any period during which, and to the extent that, it is prevented from performing any obligation as a result of causes beyond its reasonable control, including, but not limited to fire, earthquake, flood or other natural disasters, substantial snowstorm or other severe weather condition, epidemic, accident, explosion, casualty, strike, lockout or other labor controversies, riot or other civil disturbance, acts of terrorism or war, embargo, an act of God, or any failure of the internet or failure or delay of any transportation, power, or communications system. If the performance of any obligation of the Company under this Agreement is delayed due to any such force majeure events, the time for performance of any such obligations will automatically be extended for a period equal to the duration of such force majeure events.

21. NOTICES:

  • Any and all notices or other communications or deliveries required or permitted to be provided hereunder shall be on the email address specified during the time of registration (“Registered Email-ID”), or to the email address that a party has notified to be that party's email address for the purposes of this section.

  • A notice given under this agreement shall be deemed effective/served on the acknowledgment of the other party.

  • If no acknowledgment is received back from the other party, the notice given under this agreement shall be deemed effective/served on the expiration of 15 (fifteen) business days from the date of the email.

22. MISCELLANEOUS PROVISIONS:

  • This Agreement, together with all annexures and exhibits to this Agreement, the terms of which are hereby incorporated by reference, constitute the entire agreement of, and supersede any and all prior verbal or written agreements and understandings between, the parties relating to the subject matter hereof and thereof. This Agreement has been induced by no representations, warranties, or statements other than those contained in this Agreement.

  • This Agreement is binding on and will insure to the benefit of the parties hereto and their respective successors and permitted assigns.

  • If anyone or more of the provisions of this Agreement should be ruled wholly or partly invalid or unenforceable by a court or other government body of competent jurisdiction, the validity and enforceability of all provisions of this Agreement not ruled to be invalid or unenforceable will be unaffected and the provision(s) held wholly or partly invalid or unenforceable will be deemed amended, and the court or other government body is authorized to reform the provision(s), to the minimum extent necessary, to render them valid and enforceable in conformity with the parties’ intent as manifested in this Agreement.

  • The headings contained herein are for reference and convenience only, do not define or limit the scope or interpretation of this Agreement and are not to be deemed to be a material part of this Agreement.

  • In case any one or more of the provisions of this Agreement should be held invalid, illegal, or unenforceable, each such provision shall be modified, if possible, to the minimum extent necessary to make it valid and enforceable, or if it cannot be so modified, then severed, and the remaining provisions contained in this Agreement shall not in any way be affected or impaired.

  • Except as otherwise provided herein, the rights and remedies provided in this Agreement and all other rights and remedies available to either party at law or in equity are, to the extent permitted by law, cumulative and not exclusive of any other right or remedy now or hereafter available at law or in equity.

  • No failure or delay by any party in exercising any right, power, or privilege hereunder will operate as a waiver thereof, nor will any single or partial exercise thereof preclude any other or further exercise thereof or the exercise of any other right, power, or privilege hereunder.

  • The Company and the Client intend to remain independent parties. This Agreement shall not be construed to create any relationship either of employer/ employee, master/ servant, principal/ agent, partnership/ associate, or any other relationship of a like nature between the Parties.

  • Each Party agrees not to disclose the terms, conditions, or scope of this Agreement without the prior express written consent of the other Party.

23. PRIVACY:

The Client should also refer to Company's Privacy Policy for information about how Company uses, collects, and discloses information to third parties. Our Privacy Policy explains how the Company treats personal information and protects the Client's privacy.

24. AMENDMENT:

The Client agrees that the Company reserves the right and has the sole discretion to amend any clauses by way of amendment, addition, variation, or repeal or revise this Agreement and other policies at any time. The Client's continued availing of service following the posting of any changes to the Agreement or any other policy constitutes the Client's acceptance of those changes.

25. INTERPRETATION:

The Company shall have the exclusive right to interpret this Agreement and other policies including any future amendment.

26. NO OBJECTION:

User hereby expresses that it has no objection to any call/SMS/ Communication by the Company, any third party on its behalf, or any other party authorized by the Company, communicating to User with regard to the software or other services. Notwithstanding User's registration with the National Do Not Call Registry (In Fully or Partly blocked category under National Customer Preference Register set up under the Telecom Regulatory Authority of India), User hereby expresses his interest and accords its willful consent to receive communication (including commercial communication) in relation to the Company’s Services. The user further confirms that any communication, as mentioned hereinabove, shall not be construed as Unsolicited Commercial Communication under the TRAI and other alike authorities in other country’s guidelines and the User has specifically opted to receive communication in this regard on the telephone number provided by the User.

 

 

ANNEXURE - A

BASICS

  • The Agreement contains the entire outstanding between the Client and Company. The Client and Company consent to happily cooperate and communicate with each other to achieve the best possible result.

  • All Images and videos and rights relating to them, including copyright and ownership rights in the media in which the Images are stored, remain the sole and exclusive property of "SNAPSHOT Photography & Films" and "Little Hearts" and the Client. The photographs should not be used by the client for any commercial purpose in any condition without permission from the Company.

  • The customer has to give us the selected number of photographs for the photobook or editing purpose within 60 days of the event, if not then an extra ₹ 200    will be charged for every TWO days for each round of selection. We use to take this extra amount for late selection due to many reasons. Two of the major reasons are: The printing companies used to hike their price after every 2-3 months and we used to store your data on various cloud storage for which we pay monthly subscriptions.

  • After we receive the number of selected photographs we will take a time of 3-4 months maximum to deliver the PDF of the album and the edited images. We need this time because we believe in not compromising in editing, and we edit each and every single image u have selected in very fine detail. Once we got approval from your side regarding the PDF that there are no changes, we will start the printing process. It usually takes 12-20 business days to deliver the album after the final approval of the PDF.

  • The song for the teaser will be of our editing team's choice because they will know better which track will suit the essence of your film. They will do it professionally and passionately so have faith in us and see the magic. We do not entertain any type of changes in your edited pre-wedding films and wedding teasers.

  • If you have any song choice for the full-length film of your event, then we prefer to take it at the time of booking. Song changes of films would not be possible once they are edited, as it would completely disturb and distort the entire editing timeline and you might notice the spirit getting lost after a lot of changes.

  • We deal with electronic goods. So the Company won’t be responsible for any kind of technical discrepancies.

  • It is to be noted that the editing style and colour grading nodes will be according to the taste of our post-production team, because the different scenarios depict various kinds of emotions that will match and portray perfectly only if the colors suit, thus establishing the story and our team must ensure that. In addition, your suggestions will be accepted if our team agrees, and extra charges are applicable. As per client requirements, we also do liquify, body shaping and background manipulation in case of photo editing only at an additional cost.

  • We can use pictures or videos of yours for promotional and & and marketing purposes on social platforms. We also promise that we never misuse any data from your event.

  • If the location of the event is out of town (Durgapur, West Bengal) then the client will bear the total team's travelling and food expenses

  • Wherever the location is, in town or outside, the client has to provide us with a clean and hygienic room(s) where the team will stay during the event which is not included in the agreed amount. The room(s) should only be reserved for the photography team and should not be used by any other guests of the client.

  • Non-Availability of Accommodation During the project:
    If the client fails to arrange a proper accommodation for the photography team during the work days, the Company will arrange the nearest hotel with basic amenities for the team's stay. Those charges are to be bear by the client. Upon which, all the expenses of transportation (to and fro the client's place to the hotel), food expenses of the team (when not in the client's place), and the hotel charges are to be paid by the Client separately from the deal amount. 
    If the client fails or denies to pay these amounts then in that case the Company has full rights to hold the total deliverables until the amount has been paid fully.

  • Late Fees: A late fee will be applied to payments not received by the specified due date. The late fee amount is 5% of the total invoice value and will increase by 5% for every 30 days from the first due date

  • Accidents happen at any time, for example, maybe our storage devices get stolen or get corrupted due to any reason. In that case, we request our client to understand the situation and cooperate with us

  • We store all the raw data of your event for 6 months from your event date, after that, we used to delete them. So we request you to collect all RAW data (photo or video according to your contract) within 6 months from your event date.

  • It's our client's responsibility and we also request them to kindly clear the total payment on the event date and collect the RAW images in a hard drive (provided by them) or via any cloud storage for selection within a week from their event date. Delay of payment will also delay the entire delivery timeline.

  • Excluded Rituals and Ares from our Services for all contracts: Food Photography, Food places, getting ready pictures.

Digital file quality

We are committed to providing high-quality services. Proof online album containing all images taken during the day will be available for the client to view within 8 weeks after the event date. The extension of the photos in the online album will be in .jpg or .JPEG format. If the Client wants the images in the RAW format then are requested to collect them from our office on their personal Hard Drives. RAW video footage shall not be delivered to the client.

Reshoots

The client will be charged a 100% fee and expenses for any reshoot required by the client.

Photo Credit

The client is expected to give photography credits to the photographer while using the images on social media and other platforms.

Overtime

Coverage duration which is mentioned in the contract is the duration between the photographer entering the client's place and the time the photographer leaves the client's place. In the event, a shoot extends beyond the Coverage duration, the Company may charge for such excess time of assistants and freelance staff at the rate of their hourly rates. As per our hourly rates, we charge ₹1000 for each photographer per hour.

Delivery Timeline

  • After we receive the number of selected photographs we will take a time of 3-4 months maximum to deliver the PDF of the album and the edited images. We need this time because we believe in not compromising in editing, and we edit each and every single image u have selected in very fine detail. Once we get approval from your side regarding the PDF that there are no changes, we will start the printing process. It usually takes 12-20 business days to deliver the album after the final approval of the PDF..

  • It usually takes a time of 3-4 months maximum for the videos to deliver. It might take longer depending on the workload of the photographer and/or the feedback time by the client.

  • The clients are requested to order any corrections/changes within one week of the delivery date. We will not take any changes if requested after the mentioned period.

  • Delay of payment will also delay the entire delivery timeline.

Co-operation

The Client and the Photographer consent to happily cooperating and communicating with each other to achieve the best possible result within the understanding of this contract.

Paparazzi Guests

All your guests will have digital cameras and all your guests will want to photograph the Client. In the spirit of cheerful cooperation, the Client agrees to give the Photographer and his team precedence over the guests in order to take the photographs required for the event services described above. We cannot be held liable for a lack of event photos if guests taking their own photos of the Client continually interrupt the Photographer's work. If any of our gadgets and accessories will get damaged intentionally or accidentally by the client or any of their guests, then the client has to pay the cost of that particular damage to the Company.

Lighting

The key ingredient of the photograph is light. Though we carry lights that we think will be appropriate for the shooting, The client is advised to consult with the photographer for proper lighting arrangement of the venue lighting. We will not be held responsible for photographs that are spoiled due to bad or improper lighting from the Client's side.

Breaks :

The photographer and his team will be allowed break(s) at their own discretion.

 

 

 

 

*If you agree to our terms and conditions that means you read it all carefully as well as u are also aware of our FAQs

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