Terms of Service

Effective Date: 26 July 2023

Terms of Service

  1. Introduction These Terms of Service (“Terms”) govern your use of services provided by Todd Boniface Photography & IT (“we,” “us,” “our”). By accessing or using our services, website, or purchasing products, you agree to be bound by these Terms. If you do not agree, do not use our services.

  2. Definitions

  • Services: All photography, IT services, digital products, and related offerings provided by us.

  • Client/You: Any individual or entity that uses our services, purchases products, or accesses our website.

  • Content: Photographs, digital files, deliverables, software, documentation, and other materials provided by us.

  1. Acceptance and Changes We may update these Terms at any time. Material changes will be communicated by posting a revised version on our website or notifying you by email. Continued use of our services after changes are posted constitutes acceptance of the revised Terms.

  2. Services and Deliverables

  • Scope: Services and deliverables are as described in quotes, proposals, invoices, or contracts. Any additional work will require a separate agreement or written change order.

  • Timeline: Delivery dates are estimates. We are not liable for delays caused by circumstances beyond our control, including client delays, third-party providers, or force majeure events.

  • Revisions: Project revisions are limited to the number specified in the agreement. Additional revisions will incur additional fees.

  1. Booking, Cancellation, and Rescheduling

  • Deposits: A non-refundable or partially refundable deposit may be required to secure booking. Specific deposit terms are stated in the agreement.

  • Cancellation by Client: If you cancel, cancellation fees may apply. Amounts depend on the timing of cancellation relative to the scheduled service and are outlined in your agreement.

  • Rescheduling: We will make reasonable efforts to accommodate rescheduling requests. Fees may apply for last-minute changes.

  1. Pricing and Payment

  • Fees: Fees are set forth in proposals, invoices, or contracts. Taxes and third-party fees are the client’s responsibility unless otherwise stated.

  • Payment Terms: Payment terms are specified in the agreement. Late payments may incur interest or collection fees.

  • Refunds: Refunds are provided only as specified in the agreement or required by law. Deposits and certain fees may be non-refundable.

  1. Client Responsibilities

  • Cooperation: Clients must provide timely access, necessary information, approvals, and materials for us to perform services.

  • Compliance: Clients must ensure that provided materials do not infringe intellectual property, violate privacy rights, or breach any laws.

  • Safety: Clients must ensure a safe working environment during on-site services.

  1. Intellectual Property

  • Our Copyright: Unless otherwise agreed in writing, we retain copyright and ownership of all original creative works, including raw images, source files, and deliverables. We grant clients a license to use final deliverables as specified in the agreement.

  • Client Materials: Clients retain ownership of materials they provide. By providing materials, clients grant us a license to use them for the purposes of performing the services and for promotional purposes unless restricted in writing.

  • Usage Rights: Specific usage rights (e.g., personal use, commercial use, exclusivity) are defined in the agreement. Unauthorized use of our copyrighted works is prohibited.

  1. License Terms

  • Standard License: Unless otherwise agreed, clients receive a non-exclusive, non-transferable license to use final deliverables for the purposes stated in the agreement.

  • Extended/Commercial License: Commercial or extended use requires explicit written permission and may incur additional fees.

  • Credits: Clients agree to credit us where reasonably practicable when using published deliverables.

  1. Model Releases and Privacy

  • Model Releases: For commercial use, we may require signed model releases from subjects. Clients are responsible for obtaining releases unless otherwise agreed.

  • Privacy: We collect and process personal information in accordance with our privacy practices. Use of our services constitutes consent to that processing.

  1. Warranties and Disclaimers

  • Our Warranties: We warrant that we will perform services professionally and in accordance with the agreement.

  • Disclaimer: Except as expressly provided, services and deliverables are provided “as is.” We disclaim all other warranties, express or implied, including implied warranties of merchantability and fitness for a particular purpose.

  1. Limitation of Liability

  • Maximum Liability: To the fullest extent permitted by law, our total liability for any claim arising out of or relating to these Terms or our services will not exceed the fees paid by the client for the specific services at issue.

  • Exclusion of Damages: We are not liable for indirect, incidental, consequential, or special damages, including loss of profits or data.

  1. Indemnification You agree to indemnify, defend, and hold us harmless from any claims, liabilities, damages, losses, or expenses (including reasonable attorneys’ fees

\