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terms and conditions

The Photographer and the Client hereby acknowledge that the following Standard Terms and Conditions are incorporated in and make a part of the Agreement between the parties hereto.

1. DEFINITIONS
Client means the Client specifed in Item 1 of the Summary.
Expenses means the expenses incurred by the Photographer and to be paid by the Client and set out in Item 4 of the Summary.
Fee means the total fee as specifed in Item 3 of the Summary.
GST has the meaning defined in the A New Tax System (Goods and Services) Act 1999.
License means the license granted by the Photographer to the Client for Uses of the Photographs as specifed in Item 5 of the Summary.
Photographs means the nished photographs taken by the Photographer and as chosen by the Client and detailed in Item 2 of the Summary.
Photographer includes any employees, assistants, or any other parties engaged by the Photographer specifed in Item 1 of the Summary to provide the Services. Services means the services provided by the Photographer and set out in Item 2 of the Summary.
Summary means the Photographer Services Agreement Summary attached to this Agreement which forms part of this Agreement.
Term means the period set out in Item 7 of the Summary.
Territory means the territory set out in Item 8 of the Summary.
Uses means the permitted uses granted by the Photographer to the Client for use of the Photographs as set out in Item 6 of the Summary.

2. ENGAGEMENT AND SERVICES
2.1 The Agreement is between the Photographer and the Client. The Client wishes

to engage the Photographer and the Photographer accepts the engagement to

hereby:

(a)  provide the Services to the Client;

(b)  produce the Photographs; and

(c)  upon full payment of the Fee and the Expenses, the Photographer will grant the

Client the License on the terms set out in this Agreement.

3. PAYMENT AND FEES
3.1. The Client agrees to pay the Fee and Expenses (plus GST, if applicable) to the

Photographer.

3.2 All amounts payable under this Agreement are exclusive of GST. If any amount payable under this Agreement is the consideration for a taxable supply under GST Law, then GST, calculated in accordance with the GST legislation, must
be paid in addition to the amount speci ed in this Agreement at the same

time and in the same manner as the Fee and Expenses. All stamp duties and governmental charges, if any, arising out of or incidental to this Agreement are the responsibility of and must be paid by the Client.

4. RIGHTS GRANTED

  1. 4.1.  In consideration of the full payment of the Fee and Expenses by the Client, the Photographer grants the Client the License to use the agreed Photographs for the Use(s) during the Term throughout the Territory. The License granted is not effective until both Parties have signed this Agreement and the Client has paid the Fees and Expenses in full.

  2. 4.2.  The Photographer asserts all moral rights attached to the Photographs, unless expressly provided for in Item 9 of the Summary, and the Client does NOT have the right to edit, change, add to, take from, alter or otherwise amend the Photographs without the prior written consent of the Photographer.

  3. 4.3.  Notwithstanding the License granted under this Agreement, the Photographer reserves the right to use the Photographs during the Term in the Territory for the purposes of promoting and marketing the Photographer, including but not limited to displaying the Photographs in the Photographer’s portfolio, on the Photographer’s website and in galleries or in photography competitions. The Photographer expressly reserves all other rights subsisting in the Photographs not speci cally granted in this Agreement.

  4. 4.4.  In the event that the Client wishes to extend the Use, Territory or the Term of this Agreement, the Parties will negotiate a further use fee in good faith at the time.

Approved by

5. INTELLECTUAL PROPERTY
5.1. The Photographer is the owner of the intellectual property created by the Photographer in the course of the Services, including but not limited to the Photographs, digital or electronic material, transparencies, negatives and prints relating to the Photographs.

5.2. The Photographer retains all rights and ownership in the Photographs and any negatives (or digital equivalent) from which the Photographs are derived. No interest in the negatives (and/or digital equivalent) is assigned or licensed to the Client by this Agreement, unless expressly speci ed in the Summary. Unless otherwise agreed in writing, the Photographer is not responsible for storing or archiving the Photographs.

6. PHOTOGRAPHER’S INTERPRETATION
6.1. The Parties agree and acknowledge that the details of the Services, Photographs and/or works the subject of this Agreement have been discussed by the Parties and are described in full in Item 2 of the Summary and/or any applicable attached brief. It is further acknowledged that in the event that the Client or the Client’s representative is not present on the Photography Date(s) at the Location, then the Photographer’s interpretation of the Services shall prevail.

7. WARRANTY AND INDEMNITY
7.1. The Client warrants to the Photographer that:
(a) it has the capacity and authority to enter into this Agreement;
(b) it has obtained the necessary clearances in relation to the subject matter to be photographed; and
(c) it will only use the Photographs in accordance with the License granted under this Agreement.

7.2. The Client agrees to indemnify the Photographer against any actual and direct loss, claim, injury or damage (including any reasonable legal costs or expenses properly incurred) by the Photographer as a direct result of breach by the Client of the above warranties.

8. CANCELLATION BY CLIENT
8.1 If the Client cancels the Agreement prior to the Cancellation date as set out in Item 3 of the Summary, the Photographer reserves the right to charge the Cancellation Fee set out in Item 3 of the Summary. In the event that the Client cancels or postpones the Services after the Cancellation Date, the Photographer reserves the right to charge the Client the full Fee and Expenses.

9. TERMINATION
9.1. This Agreement may be terminated if:
(a) The Client fails to pay any part of the Fee or Expenses;
(b) The Client is declared bankrupt, enters into administration or into liquidation; or
(c) The Client is in breach of this Agreement and has failed to rectify the breach within 30 days after receiving notice from the Photographer of such breach.

9.2. Immediately upon termination:
(a) All rights in the Photograph/s and/or work(s) revert to the Photographer; (b) The Client must return all physical property (including but not limited to the Photographs and any equipment); and
(c) All Fees and Expenses owed to the Photographer under this Agreement must paid in full.

10. MISCELLANEOUS
10.1. This Agreement constitutes the entire understanding between the Parties, and may not be modifed, amended, or otherwise altered unless agreed in writing between the parties.

10.2. If any provision of this Agreement is held to be invalid under the law, the validity of the whole shall not be affected. The remaining provisions will remain in full force and effect.

10.3.Each party must do all acts and execute all documents as necessary to give effect to this Agreement.

10.4. The Client must not assign or sub-license all or any of its rights in this Agreement without prior written consent of the Photographer.

10.5. This Agreement must be read and construed according to the laws of the state indicated in Item 10 of the Summary. The Parties submit to the jurisdiction of that state.

PRIVACY POLICY

This privacy policy has been compiled to better serve those who are concerned with how their 'Personally Identifiable Information' (PII) is being used online. PII, as described in Australian privacy law and information security, is information that can be used on its own or with other information to identify, contact, or locate a single person, or to identify an individual in context. Please read our privacy policy carefully to get a clear understanding of how we collect, use, protect or otherwise handle your Personally Identifiable Information in accordance with our website.

What personal information do we collect from the people that visit our blog, website or app?

When ordering or registering on our site, as appropriate, you may be asked to enter your or other details to help you with your experience.

When do we collect information?

We collect information from you when you register on our site, place an order, subscribe to a newsletter, fill out a form or enter information on our site.

Provide us with feedback on our products or services
How do we use your information?

We may use the information we collect from you when you register, make a purchase, sign up for our newsletter, respond to a survey or marketing communication, surf the website, or use certain other site features in the following ways:

      • To personalize your experience and to allow us to deliver the type of content and product offerings in which you are most interested.
      • To improve our website in order to better serve you.
      • To allow us to better service you in responding to your customer service requests.

How do we protect your information?

Our website is scanned on a regular basis for security holes and known vulnerabilities in order to make your visit to our site as safe as possible.

We use regular Malware Scanning.

Your personal information is contained behind secured networks and is only accessible by a limited number of persons who have special access rights to such systems, and are required to keep the information confidential. In addition, all sensitive/credit information you supply is encrypted via Secure Socket Layer (SSL) technology.

We implement a variety of security measures when a user places an order enters, submits, or accesses their information to maintain the safety of your personal information.

All transactions are processed through a gateway provider and are not stored or processed on our servers.

Do we use 'cookies'?

Yes. Cookies are small files that a site or its service provider transfers to your computer's hard drive through your Web browser (if you allow) that enables the site's or service provider's systems to recognize your browser and capture and remember certain information. For instance, we use cookies to help us remember and process the items in your shopping cart. They are also used to help us understand your preferences based on previous or current site activity, which enables us to provide you with improved services. We also use cookies to help us compile aggregate data about site traffic and site interaction so that we can offer better site experiences and tools in the future.

We use cookies to:
      • Help remember and process the items in the shopping cart.

You can choose to have your computer warn you each time a cookie is being sent, or you can choose to turn off all cookies. You do this through your browser settings. Since browser is a little different, look at your browser's Help Menu to learn the correct way to modify your cookies.

If you turn cookies off, Some of the features that make your site experience more efficient may not function properly.It won't affect the user's experience that make your site experience more efficient and may not function properly.

Third-party disclosure

We do not sell, trade, or otherwise transfer to outside parties your Personally Identifiable Information.

Third-party links

We do not include or offer third-party products or services on our website.

Google

Google's advertising requirements can be summed up by Google's Advertising Principles. They are put in place to provide a positive experience for users. https://support.google.com/adwordspolicy/answer/1316548?hl=en

We have not enabled Google AdSense on our site but we may do so in the future.


Once this privacy policy is created, we will add a link to it on our home page or as a minimum, on the first significant page after entering our website.
Our Privacy Policy link includes the word 'Privacy' and can easily be found on the page specified above.

You will be notified of any Privacy Policy changes:
      • On our Privacy Policy Page
Can change your personal information:
      • By logging in to your account

How does our site handle Do Not Track signals?
We honor Do Not Track signals and Do Not Track, plant cookies, or use advertising when a Do Not Track (DNT) browser mechanism is in place.

Does our site allow third-party behavioral tracking?
It's also important to note that we do not allow third-party behavioral tracking.

COPPA (Children Online Privacy Protection Act)

When it comes to the collection of personal information from children under the age of 13 years old, the Children's Online Privacy Protection Act (COPPA) puts parents in control. The Federal Trade Commission, United States' consumer protection agency, enforces the COPPA Rule, which spells out what operators of websites and online services must do to protect children's privacy and safety online.

We do not specifically market to children under the age of 13 years old.
Do we let third-parties, including ad networks or plug-ins collect PII from children under 13?

Fair Information Practices

The Fair Information Practices Principles form the backbone of privacy law in the United States and the concepts they include have played a significant role in the development of data protection laws around the globe. Understanding the Fair Information Practice Principles and how they should be implemented is critical to comply with the various privacy laws that protect personal information.

In order to be in line with Fair Information Practices we will take the following responsive action, should a data breach occur:
We will notify you via email
      • Within 1 business day

We also agree to the Individual Redress Principle which requires that individuals have the right to legally pursue enforceable rights against data collectors and processors who fail to adhere to the law. This principle requires not only that individuals have enforceable rights against data users, but also that individuals have recourse to courts or government agencies to investigate and/or prosecute non-compliance by data processors.

CAN SPAM Act

The CAN-SPAM Act is a law that sets the rules for commercial email, establishes requirements for commercial messages, gives recipients the right to have emails stopped from being sent to them, and spells out tough penalties for violations.

We collect your email address in order to:
      • Process orders and to send information and updates pertaining to orders.
      • Send you additional information related to your product and/or service

To be in accordance with CANSPAM, we agree to the following:
      • Not use false or misleading subjects or email addresses.
      • Identify the message as an advertisement in some reasonable way.
      • Include the physical address of our business or site headquarters.
      • Monitor third-party email marketing services for compliance, if one is used.
      • Honor opt-out/unsubscribe requests quickly.
      • Allow users to unsubscribe by using the link at the bottom of each email.

If at any time you would like to unsubscribe from receiving future emails, you can email us at
      • Follow the instructions at the bottom of each email.
and we will promptly remove you from ALL correspondence.

 

Contacting Us

If there are any questions regarding this privacy policy, you may contact us using the information below.

www.hunterproductions.photography
Unit 108 building T2A

BREED Business Centre
Quakers Hill, N.S.W
Australia 2763
email: [email protected]
0437764837

OUR CONFIDENTIALITY AGREEMENT

 

HUNTER PRODUCTIONS & PHOTOGRAPHY
CONFIDENTIALITY AGREEMENT
This Confidentiality Agreement (hereinafter referred to as the "Agreement") is made and effective the __ day of ______, 2011_ by and between _______________________(hereinafter referred to as the "Client") and Hunter Productions & Photography (hereinafter referred to as the "Photographer").

1. Confidential Information.
Client proposes to pay photographer (Hunter Productions & Photography) to take/produces photos/video that are confidential and proprietary information (the "Confidential Information"). Confidential Information shall include all photographs/video, data, materials, products, technology, financial information, and other information about the client disclosed or submitted, orally, in writing, or by any other media, to the photographer.
2. Photographer’s Obligations.
A. Photographer agrees that the Confidential Information is to be considered confidential and proprietary to client and shall not use the Confidential Information/Photographs/video other than for the purposes of its business with client, and shall disclose it only to its employees or assistants that are involved with producing the images for the client with a specific need to know. Photographer will not disclose, publish or otherwise reveal any of the Confidential Information/Photographs/video taken to any other party whatsoever except with the specific prior written authorisation of Owner.
B. Confidential Information furnished in tangible form shall not be duplicated by photographer except for purposes of this Agreement. Upon the request of client, photographer shall return all Confidential Information received in written or tangible form, including copies, or reproductions or other media containing such Confidential Information, within ten (10) days of such request. At clients’ option, any documents or other media developed by the photographer containing Confidential Information/Photographs/Video may be destroyed by photographer. Photographer shall provide a written certificate to Owner regarding destruction within ten (10) days thereafter.
3. Term.
The obligations of photographer herein shall be effective from the date and time client discloses any Confidential Information to photographer pursuant to this Agreement. Further, the obligation not to disclose shall not be affected by bankruptcy, receivership, assignment, attachment or seizure procedures, whether initiated by or against photographer, nor by the rejection of any agreement between client and photographer, by a trustee of Recipient in bankruptcy, or by the Recipient as a debtor-in-possession or the equivalent of any of the foregoing under local law
4. Other Information.
Photographer shall have no obligation under this Agreement with respect to Confidential Information/Photographs/Video which becomes publicly available without breach of this Agreement by photographer; is rightfully received by client without obligations of confidentiality; or is developed by photographer without breach of this Agreement; provided, however, such Confidential Information/photographs shall not be disclosed until thirty (30) days after written notice of intent to disclose is given to Owner along with the asserted grounds for disclosure.
5. No License.
Nothing contained herein shall be construed as granting or conferring any rights by license or otherwise in any Confidential Information/Photographs/Video.
6. No Publicity.
Photographer agrees not to disclose its participation in this undertaking, the existence or terms and conditions of the Agreement, or the fact that discussions are being held with Client.
7. Governing Law and Equitable Relief.
This Agreement shall be governed and construed in accordance with the laws of Australia and the State of N.S.W and photographer consents to the exclusive jurisdiction of the state courts and Australian federal courts located there for any dispute arising out of this Agreement. Photographer agrees that in the event of any breach or threatened breach by Photographer, Client may obtain, in addition to any other legal remedies which may be available, such equitable relief as may be necessary to protect Client against any such breach or threatened breach.
8. Final Agreement.
This Agreement terminates and supersedes all prior understandings or agreements on the subject matter hereof. This Agreement may be modified only by a further writing that is duly executed by both parties.
9. No Assignment.
Photographer may not assign this Agreement or any interest herein without Client’s express prior written consent.
10. Severability.
If any term of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, then this Agreement, including all of the remaining terms, will remain in full force and effect as if such invalid or unenforceable term had never been included.
11. Notices.
Any notice required by this Agreement or given in connection with it, shall be in writing and shall be given to the appropriate party by personal delivery or by certified mail, postage prepaid, or recognised overnight delivery services.
Client’s Name____________________________
Address_____________________________________________________
Photographer’s: Name_______________________
Address_____________________________________________________

 

12. No Implied Waiver.
Either party's failure to insist in any one or more instances upon strict performance by the other party of any of the terms of this Agreement shall not be construed as a waiver of any continuing or subsequent failure to perform or delay in performance of any term hereof.
13. Headings.
Headings used in this Agreement are provided for convenience only and shall not be used to construe meaning or intent.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first above written.

Client :______________________________

Photographer:__________________________

REFUND POLICY

Return & Refund Policy

Thanks for shopping at www.hunterproductions.photography
If you are not entirely satisfied with your purchase, we're here to help.

Returns

You have 30 calendar days to return an item from the date you received it.
To be eligible for a return, your item must be an image you did not order or if the product is damaged or faulty and in the same condition that you received it. Your item must be in the original packaging.
Your item needs to have the receipt or proof of purchase.

Once we receive your item, we will inspect it and notify you that we have received your returned item. We will immediately notify you on the status of your refund after inspecting the item.

If the image is found to be the image that you ordered it will be returned at your expense, or if it is found that the image is not the image you ordered we will replace the image with the right one.

If your return is approved, we will initiate a refund to your credit card (or original method of payment).

You will receive the credit within a certain amount of days, depending on your card issuer's policies.

You will be responsible for paying for your own shipping costs for returning your item. Shipping costs are non refundable.

If you receive a refund, the cost of return shipping will be deducted from your refund.

If you have any questions on how to return your item to us, contact us.

[email protected] or call us on 0437 764 837.

DISPATCH POLICY

DIGITAL DOWNLOADS

Our images take up to 14 days for a standard photoshoot and up to 3 weeks for a wedding or major event.

Once the images are edited, we will load them to your secured online gallery that day for you to view, purchase and download.

USB,S

Our images take up to 14 days for a standard photoshoot and up to 3 weeks for a wedding or major event.

Once the images are edited, we will load them onto a USB and dispatch via Australia post.

Allow up to 3 days for delivery.

PRINTS

Our images take up to 14 days for a standard photoshoot and up to 3 weeks for a wedding or major event.

Once the images are edited, we will load them to your secured online gallery that day for you to view.

If you requirer prints once we receive your order it will take 2 days to have the prints done and then we will send them out via Australia post which normally takes between 2-3 days for delivery.

FRAMED IMAGES, CANVAS, BLOCK MOUNTS, HOTO BOOKS AND GLASS PRINTS

Our images take up to 14 days for a standard photoshoot and up to 3 weeks for a wedding or major event.

Once the images are edited, we will load them to your secured online gallery that day for you to view.

Once you have chosen images to be done as a canvas, block mount, glass print or a framed image we send off the images to our suppliers.

As all these are custom made by hand they can take up to 10 days to complete and then any 3 days for delivery via Australia post.

All care is taken when delivering your products and we guarantee all products arrive in one piece.

We can not guarantee anything that Australia post do but ensure we track all deliveries to the best of our ability.

 

 

CONTACT NOW

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CONTACT US

Phone: 0437 764 837

Inquiries: [email protected]

ADDRESS

Suite 108, Building T2A
BREED Business Centre
Nirimba Education Precinct
Warawara Circuit
Quakers Hill N.S.W Australia, 2763