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Terms of trade Josiah Clark Photography

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Josiah Clark Photography

TERMS OF TRADE

 

These Terms of Trade (“Terms”) record the terms upon which Josiah Clark Photography (“we” or “us”) agree to provide Services to you, our client.  By booking our Services for a job, you accept these Terms. These Terms apply to all jobs you book us for unless otherwise agreed in writing.   

 

If you have any questions about these Terms, please contact us at hello@josiahclark.co.nz or call 027 3606 154.

 

ENGAGING OUR SERVICES, PRICING & PAYMENT

  1. We provide photography and videography services (“Services”) and produce photos and/or videos (“Media”).

  2. You can book our Services by contacting us by telephone, email, via our website or social media pages. 

  3. We will provide an estimate for a specific job upon request. Our prices for the Services are calculated based on various factors including the time, urgency and level of skill involved. We will also charge a fee for travel outside Dunedin city boundary or other expenses.

  4. Our prices are in New Zealand dollars and Goods and Services Tax (“GST”) is additional (unless otherwise specified).  

  5. We will provide you with a Statement of Work outlining the details of the job including the scope of the Services, the purpose(s) for which you are engaging our Services to produce the Media, timeframes and estimated fees. We will then ask you to confirm that you would like to proceed with the job.

  6. If the scope of the Services for a specific job changes, or are more complex or time-consuming than expected, or the number of allowed editing changes is exceeded, we reserve the right to charge more and will provide you with an updated estimate. 

  7. For jobs we have estimated at under $1,000 plus GST, payment in full is required upon completion of the Services which is when we have provided you with the final Media or upon cancellation of these Terms pursuant to clause 29.

  8. For jobs we have estimated at $1,000 plus GST or more, payment of a 50% deposit is required at the time of booking the job, with the balance to be paid upon completion of the Services which is when we have provided you with the final Media or upon cancellation of these Terms pursuant to clause 29.

  9. You must pay invoices in full within 7 days following the date of the invoice, unless otherwise agreed by us in writing. We reserve the right to charge interest on any amount which is more than 7 days overdue. Interest will be calculated on a daily basis at the rate of 5% per annum above the then official cash rate as published by the Reserve Bank of New Zealand and this interest will automatically accrue from the due date for payment without further notice to you. 

  10. Payment can be made by internet banking transfer.  EFTPOS will not be accepted.

  11. If we incur third party costs in attempting to recover any amount you owe us, including debt collection costs, legal costs incurred on a solicitor-client basis and costs incurred in relation to any claim against you brought before the Disputes Tribunal or any court, those costs will be added to the debt you owe us.

 

OUR OBLIGATIONS 

  1. When you engage our Services, we will use our best endeavours to complete the job within the timeframe agreed with you or otherwise within a reasonable time frame. However you acknowledge that the delivery of the Services may be affected by circumstances outside our control including the weather, availability of personnel, locations or technology, or a change in the scope of the Services requested by you.

  2. Upon completion of the job, we will provide you with the final versions of the Media. We will not provide you with the raw images/files.

  3. If you are not satisfied with the final Media, we will use our best endeavours to resolve your concerns by offering up to two (2) editing revisions of the Media (up to maximum one (1) hour of editing combined), however free re-shoots will not be offered. 

  4. We will keep final versions of the Media for one year and raw images/files for 6 months, after which the Media will be permanently deleted unless otherwise agreed with you.

  5. We reserve the right to use some of the Media produced in providing the Services to you for other clients. Where we use Media for other clients, we will use best endeavours to only use generic images (such as those that could be captured by a member of the public without permission), layouts, and templates and to not use any Media in which individuals can be identified. 

  6. We reserve the right to use the Media for our own marketing and promotional purposes.

 

YOUR OBLIGATIONS 

  1. You agree that you will not use the Media for any purpose other than that outlined in the Statement of Work or otherwise agreed in writing between us and you.

  2. You acknowledge that it is your responsibility to retain copies of the final Media and we cannot guarantee we will be able to provide you with further copies should you misplace or delete them.

  3. You agree not to provide the Media to anyone else to use for their own purposes. If you are a real estate agent, this is subject to clause 27.

  4. You agree not to provide the Media to any other photographer, videographer or digital content creator, including for the purpose of engaging them to produce additional Media for you.

 

OWNERSHIP OF MEDIA AND INTELLECTUAL PROPERTY

  1. You acknowledge that we own all intellectual property rights (including copyright) in the Media produced by us in the course of providing the Services to you.

  2. Upon payment in full for all Services provided by us, we grant you a non-exclusive licence to use the Media. You must not assign this licence to any other person and you must not purport to give any other person permission to use the Media unless otherwise agreed in writing by us.

  3. If you would like to use our name or other trade marks on your website, social media or elsewhere, you must obtain our prior written permission.

  4. You agree to indemnify us for any loss or damage, whether direct or consequential, suffered by us as a result of any infringement of our intellectual property rights in the Media caused directly or indirectly by you.

 

REAL ESTATE ENGAGEMENTS

If you are a real estate agent engaging our Services for property sale marketing purposes, then the following additional terms apply:

  1. You acknowledge and agree that you are engaging our Services, that you are not engaging our Services only as an agent for your client, and you are responsible for payment for our Services in accordance with these Terms.

  2. You may provide copies of the Media  to your client for their personal use (of the property).

 

CANCELLATION

  1. If you no longer wish us to provide Services to you, you may cancel these Terms at any time by providing seven (7) working days’ notice in writing. We reserve the right to charge you a reasonable portion of the fee reflective of the Services we have provided to you, regardless of whether we have provided the final Media to you.

  2. We may cancel these Terms and stop providing Services to you if you do not within thirty (30) working days respond to communications or do not do something reasonably necessary to enable us to complete the Services, or if you are late in making payments to us, or you commit an act of bankruptcy, or in our reasonable opinion you are unlikely to pay our invoices when they fall due for payment. Cancelling these Terms is without prejudice to any claim we may have for money payable as at the date of cancellation or in respect of Services provided or liabilities incurred before then.  

 

REPRESENTATIONS, WARRANTIES, TERMS AND CONDITIONS

  1. To the maximum extent permitted by law, all representations, warranties, terms and conditions (including any representation, warranty, term or condition expressed or implied by law or otherwise) not expressly included in these Terms are hereby excluded from the contractual arrangements between us and you and are of no effect. 

 

LIMITATION OF LIABILITY

  1. If you are acquiring our Services for the purpose of a business (as defined by the Consumer Guarantees Act 1993) you agree that the provisions of the Consumer Guarantees Act 1993 do not apply to any Services that we provide to you.  

  2. You agree that we are not liable for failing to perform our obligations to you if the failure results from an act of God, fire, explosion, industrial dispute, act of government such as a change in legislation, regulation or order made under legislative authority, or anything else beyond our reasonable control.  

  3. Our liability for any claim, damages, loss or expense related to the supply by us of Services shall be limited to the price at which the Services are supplied to you or the actual loss or damage suffered by you, whichever shall be the lesser. Under no circumstances will we be liable for any financial or economic loss or any indirect or consequential loss of any kind whatsoever. 

  4. We exclude all other liability we may have to you, other than any liability which is imposed by any statute.  We are not liable to you and do not have to pay you for anything else caused by or resulting from anything we do or do not do, or delay in doing.  This exclusion applies whatever you are claiming for and however the liability arises or might arise if it were not for this clause.  

 

CONFIDENTIALITY AND PRIVACY

  1. You authorise us to collect personal information about you (including your name, contact details, address, and payment information) for the purpose of providing the Services to you, administration, marketing, reference and credit checks, debt collection purposes and any other reasonable purpose. 

  2. We will keep confidential all information about you and your organisation that we acquire during the course of providing Services to you. We will not share this information with anyone else except where necessary to provide the Services to you (including where we need to share the information with third parties working on our behalf) or to the extent required by law.

  3. We will keep confidential information and personal information until 2 years after our last engagement with you or until all outstanding amounts you owe us have been paid, whichever is the later, unless we are required by law to keep information for a longer period.

  4. To request access to, or correction of, any personal information held by us, please contact us at hello@josiahclark.co.nz.

 

OTHER TERMS

  1. These Terms and the Statement of Work constitute the entire agreement between us and you.  Any variation to these Terms for a specific job must be agreed in writing.

  2. Any failure by us to enforce any provisions of these Terms at any time is not a waiver of that provision.  

  3. Each of these Terms is separately binding.  If for any reason we cannot rely on any Term, all the other Terms remain binding.  

  4. These Terms will be governed by New Zealand law and you agree to submit to the exclusive jurisdiction of the New Zealand Courts.

  5. We may vary these Terms from time to time. The latest version of our Terms will be displayed on our website and will accompany our Statement of Work.

Basic photoshoots start at $250 
Video work start at $500

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