1. By using the sites 'www.yourproductshot.co.uk' or 'www.yourproductshot.com', or any of the services that are provided by YourProductShot, you are agreeing to the following terms and conditions.
2. For the purpose of this agreement “Your”, “You” and “the Client” shall where the context so admits include their respective assignees, sub-licensees and successor in title. In cases where the Photographer’s Client is a direct Client (i.e. with no Agency or intermediary), all references in this agreement to both “Your “ and “the Client” shall be interpreted as references to the Photographer’s Client.
2.1. For the purpose of this agreement “The Photographer” will mean YourProductShot and shall where the context so admits include their respective assignees, sub-licensees and successor in title.
2.2. “Product Photos” and “Images” means all photographic material furnished by the Photographer, whether transparencies, prints, digital files or any other type of physical or electronic material in existence now or yet to be developed.
2.3. "Fees” shall mean the payment for the provision of the Product Photos by YourProductShot to the client as is communicated to the client either through the YourProductShot website or by any other means.
2.4. All contracts verbal or written are only accepted on the basis that the Terms and Conditions of the Photographer are the only ones applicable.
2.5. Other Terms and Conditions proffered by the Client are specifically excluded unless agreed in writing beforehand by the Photographer.
2.6. Where time is of the essence the Photographer entirely at its own discretion may accept an instruction given orally, in this event the Photographer shall accept no liability for any error in executing the order.
2.7. Unless the Photographer is given prior written notice by the Client, the person placing or signing the order on behalf of the Client is deemed to be authorised to do so.
2.8. When a Client’s policy is not to rely on email confirmations, hardcopy paperwork must be supplied, if none is provided, then the email traffic will constitute a contract in law.
2.9. "Copyrights" means the property rights in original works of authorship, expressed in a tangible medium of expression, as defined and enforceable under English Copyright Law.
Copyright and Ownership
3. All copyright for images remains with YourProductShot. This allows us to use the photos on our website and marketing materials.
3.1. The client is given royalty free license for unlimited usage rights for an indefinite amount of time. This applies to unlimited amount of mediums and alterations for promotional and advertising usage of the company that made the order.
3.2. Use may be revoked by YourProductShot at any time, and shall be revoked in the event of an invoice for Fees for the work being unpaid.
3.3. Third Party Usage:
The client may not re-license or sell ownership of the images, license the images to others or give images to others for 3rd Party Usage. All Third Party Usage must be negotiated separately with YourProductShot.
3.4. Unlicensed usage, such as third party usage is a copyright violation and will incur a fine of 500.00 Great British Pounds for each image in breach of this agreement.
4. The 'Free Trial' service includes a single product photographed on only a solid white with the additional option of either a single shadow or reflection.
4.1. The 'White Background Photography' service includes your product or products photographed (up to 5 items in one image) on only a solid white background with the option of either a single shadow or reflection per photograph for the quantity of photographs detailed in your invoice.
4.2. The 'Clothing Photography' service includes your product or products photographed on only a solid white background or coloured background (if applicable to your order) for the quantity of photographs detailed in your invoice.
4.3. The 'Jewellery Photography' service includes your product or products photographed on only a solid white background with the option of either a single shadow or reflection per photograph for the quantity of photographs detailed in your invoice.
4.4. The 'Creative/Lifestyle Product Photography' service includes your product or products photographed to your desired style and specifications.
4.5. The 'Stock Photo Compilation' service includes your product or products photographed to match a stock photo scene which can be purchased by you our us and then composited into that scene with the use of Photoshop and other software.
4.6. The 'Dynamic Photography Add-on' service is a add-on to a standard white background or jewellery service photo purchase and includes your product or products photographed with us use of more complex lighting and compositions on a white background, black or coloured background with the option of either shadows or reflections per photograph for the quantity of photographs detailed in your invoice.
4.7. The 'Group Photography Add-on' service includes 5 or more items in one scene photographed together on only a solid white background with the option of either a single shadow or reflection per product per photograph for the quantity of photographs detailed in your invoice.
4.8. The 'Infographic Add-on' service includes either text and/or images (content and price is dependent on your brief) added to a white background, jewellery, clothing, creative/lifestyle, stock photo compilation, group or dynamic add-on photo service purchase.
4.9. The 'Fast Track Add-on' service guarantees delivery of your photos within 48 hours from the next working day after we receive both your products and payment. The add-on only applies to order of between 1 and 10 photos and only applies to the white background photography service.
5. For our 'Free Trial' service, there are no upfront payments. Any photographs produced by YourProductShot with this service are for viewing purposes only and YourProductShot will retain complete and utter ownership over the images until a payment for the images has been agreed with us.
5.1. Excluding the 'Free Trial' service, all product photography orders require a 100% upfront payment of the invoiced amount payable by either PayPal or bank transfer to the YourProductShot bank account as detailed in your invoice. Payment for each service will be charged at the rate as detailed in the YourProductShot Website or in your agreed invoice by email for any bespoke quotes where applicable.
5.2. All prices quoted either on the YourProductShot website or through email are per photo.
5.3. Invoices will be delivered to the client by email following initial discussions with YourProductShot.
5.4. YourProductShot may choose to photograph more product photos than the requested amount as detailed by the client in order to give the client multiple choices. If the client then chooses to purchase more product photos than the initial quoted amount as detailed in their invoice, those additional product photos will be charged per photograph at the initial price bracket selected by the client prior to the photography process' commencement.
5.5. Payments can be made to YourProductShot by bank transfer (bank details will be specified on your invoice), PayPal or by an alternative payment method that the client has exclusively agreed with YourProductShot. The client is responsible for correct usage of any and all payment methods and platforms as well as sending payments to the correct account.
5.6. The '10% off your first order' offer gives the client a discount of 10% on their first order with any YourProductShot service up to a total discount of £100. If 10% of the client's order totals more than £100, the discount will be capped at £100.
5.7. YourProductShot do not pass any details on to any third parties and all of our clients contact details are kept securely, remain confidential and are never shared, disclosed or given out.
6. Orders of 1-30 product photographs, for the 'White Background Photography', ‘Clothing Photography’, ‘Jewellery Photography’ or 'Group Photography' services are typically completed and delivered within 7 business days. Turnaround times are subject to the YourProductShot schedule.
6.1. Orders of 31-100 product photographs, for the 'White Background Photography', ‘Clothing Photography’, ‘Jewellery Photography’ or 'Group Photography' services are typically completed within 14 business days. Turnaround times are subject to the YourProductShot schedule.
6.2. For orders above 100 product photos. YourProductShot will provide you with a tailored schedule.
6.3. The 'Fast Track' service only applies to orders between 1 and 10 'White Background Photography' service product photos and guarantees the delivery of your product photos within 48 hours. Failure to meet this schedule, providing the fault is entirely that of YourProductShot’s, will entitle you to a full refund should you request it. Commencement of the 'Fast Track' service is subject to availability and scheduling, which shall be confirmed by YourProductShot before payment is required. This service operates from Monday to Friday and does not include weekends and holidays unless agreed with YourProductShot in writing, and will only commence from the next working day from the date that both the product(s) and payment have been received by YourProductShot.
6.4. 'Group Photography' turnaround times are subject to availability and scheduling, which shall be confirmed by YourProductShot before payment is required.
6.5. 'Creative/Lifestyle Photography' turnaround times are subject to availability and scheduling, which shall be confirmed by YourProductShot before payment is required.
6.6. The 'Free Trial' service has a typical turnaround time of within 3 full working days of us starting your project, but is subject to the YourProductShot schedule.
6.7. Subjective to availability, all turnaround times including the 'Fast Track' service begin the next business day after all your product(s) have arrived at the YourProductShot studio and we have received the full upfront payment. We will confirm by email when we have received your products and payment.
6.8. Business days are Monday to Friday, not including holidays.
6.9. All turnaround times excluding the 'Fast Track' service are subject to change based on availability and can be done so without prior notice. YourProductShot will not be held liable for missed delivery dates.
7. The YourProductShot 100% money back guarantee applies to all our services and allows the customer to request 100% of their money back if they are unhappy with their product photos prior to downloading their product photos from us. The 100% money back guarantee only applies to orders of between 1-20 product photos and is only applicable prior to downloading your product photos, and cannot be redeemed once the photos have been downloaded. Request of the 100% money back guarantee for any service voids any and all rights for the client(s) or anyone to use any of the photos in anyway in any medium. Use of the product photos after the 100% guarantee is redeemed by the customer will result in a £500.00 fine for each photo in breach of our copyright rules. Our 100% money back guarantee does not cover postage fees to or from the YourProductShot studio.
7.1 Our 'Free Trial' service will incur no cancellation fee as payment is taken at the end of the photographic process should the client(s) choose to purchase the photo. Clients may cancel 'Free Trial' orders at any time.
7.2. Cancellation of the 'White Background Photography', 'Jewellery Photography', 'Clothing Photography', 'Creative/Lifestyle Photography', 'Stock Photo Compilation', Group Photography', 'Dynamic Add-on' or 'Infographic Add-on' photo service for orders of between 1 and 20 product photos will result in a 100% loss of your upfront deposit that was taken before the start of the photographic process.
7.3. Due to the short working times and quick delivery of the 'Fast Track' service, cancellations will result in a 100% loss of your payment.
7.4. Orders of over 20 product photos for any service requires a cancellation notice of up to 3 days from the date that your upfront payment was received by YourProductShot, to receive a 100% refund. Cancellations made after 3 days from the date that YourProductShot received your upfront payment will result in 100% loss of your upfront payment.
7.5. 'Creative Product Photography' orders require a minimum cancellation notice of 2 days before your product shoot is scheduled to commence. YourProductShot will notify you of this date prior to the time payment. Cancellations made with less than 2 days until your photo shoot is due to commence will result in a 100% loss of you payment.
Product Quality and Resulting Photos
8. All products supplied to YourProductShot must arrive in the condition in which they are to be photographed. If the item(s) has flaws, mis-labels, “waves” in the labels, nicks in the package or products, inherent damage, or any other damage or discrepancies, it will be photographed as such. YourProductShot will make every effort to fix all and any flaws with the product(s), both at the time of the photoshoot and in post production. We will aim to contact you regarding any problems we deem to affect the image quality at our discretion. However, if for any reason the client is dissatisfied with the resulting images due to the flaws of the product(s), YourProductShot will not be held liable and the client will not be entitled to a refund of the upfront deposit or payment made prior to the photoshoot. If for any reason the item(s) arrives unacceptably damaged as determined by our receivables department, you will be contacted and given a chance to send a new item(s) to be photographed.
8.1. In the event of short deliveries, damaged goods or incorrect items received from our clients, YourProductShot reserves the right to postpone the photoshoot until the shortage is made-up, the correct products are delivered or damaged items replaced. A penalty of 10% of the total quoted price for the job may be payable to YourProducstShot should our studio schedule be affected by the above, resulting in loss of profit or studio down-time. This is at our discretion and will need to be settled in the form on an invoice before your product shoot can continue.
9. Our default licensing agreement with all clients unless specifically agreed in writing otherwise permits YourProductShot and any other external post production company involved in producing the product photography, to have full use of any and all photos taken by YourProductShot to be used on our own website, online or print advertisements or as part of our client portfolio and advertising strategy. This agreement can however be wavered for a fee of 10 British Pound per photo.
Lost or Damaged Products
10. It is the client’s responsibility to maintain insurance, for loss or damage on their products and items, during shipping to and from YourProductShot and during the YourProductShot photography process. The client is responsible for any lost or damaged product while in the care, custody or control of YourProductShot.
Product Delivery and Return Delivery
11.The shipping of products to and from YourProductShot is the sole financial and physical responsibility of the client.
11.1. YourProductShot will not be held responsible for damaged good in the shipping process.
11.2. If after the completion of your product photos you would like your products returned, we can either post them to you with a returns label that you provide, or we can invoice you for the postage. We will always try to use the same packing materials we received with your products.
11.3. YourProductShot will not be held responsible for damaged or lost goods in the postage process.
11.4. If you do not want your products returned then we can either destroy them or donate them to a local charity.
11.5. If you have not scheduled or paid for you product to be delivered back to you after 14 days from the date we originally sent your product photos, we shall dispose of your products.
12. All photographs are delivered in JPEG file format unless otherwise agreed with YourProductShot.
12.1 Creative/Lifestyle Photography images are delivered in your desired format.
12.2. The Online Gallery Service is provided as a convenience to clients of YourProductShot.
12.3. While we make every effort to ensure availability, stability and security of this service, YourProductShot does not guarantee 100% up time or availability, or that the system could not be compromised by malicious individuals determined to do so.
12.4. YourProductShot will host the images in this gallery for 60 days from the date the shots were first made available to you for download. Your product shots are however backed up to our separate private system and can be resent to you by email on request at any time after your gallery has expired. Although every effort is made to have this service always available, YourProductShot does not guarantee the reliability and availability of this service and recommends that you make backup copies of all files you receive from us. We also recommend that you only provide password information to associates to whom you would like to grant access to these files.
12.5. You hereby understand and agree to hold YourProductShot harmless and defend YourProductShot against any claim resulting from the use of this service, including, but not limited to: Unavailability of the service, loss of data, corrupted data, inaccurate data, breach of account security, and damage or loss of data caused by using these services.
Limitation of Liability
13. YourProductShot is not responsible for any infections, contaminations, delay in operation or transmission, line failure, errors, omissions, interruptions, or defects arising out of your use of this site or with respect to the material provided and/or contained on this site. In no event shall YourProductShot be liable for any special, direct, indirect, incidental, or consequential damages, or any other damages of any kind, resulting from whatever cause, including but not limited to loss of use, loss profits, or loss of data, whether in an action under theories of contract, negligence, strict liability, or otherwise, arising out of or in any way in connection with the use of or inability to use the information or materials on, or accessed through, the YourProductShot’s Website.
Notwithstanding the above, in no event shall YourProductShot’s total liability to you for any and all claims, damages, losses, and causes of action exceed the amounts paid to YourProductShot by you in connection with the transaction claimed by you to give rise to your claim.
14. The Client agrees to indemnify, save and hold harmless YourProductShot from any and all damages, liabilities, costs, losses or expenses arising out of any claim, demand, or action by a third party arising out of any breach of Client’s responsibilities or objections, representations or warranties under these Terms and Conditions. Under such circumstances YourProductShot shall promptly notify the Client in writing of any claim or suit; (a) The Client has sole control of the defence and all related settlement negotiations; and (b) YourProductShot provides the Client with commercially reasonable assistance, information and authority necessary to perform the Client’s obligations under this section. The Client will reimburse the reasonable out-of-pocket expenses incurred by YourProductShot in providing such assistance.
15. There are certain risks in using any information, software, or products found on the Internet; and YourProductShot cautions you to make certain that you completely understand these risks before retrieving, using, relying upon, or purchasing anything via the Internet.
Visitors to this Website assume all responsibility and risk for the use of this Website. Information published on this Website is provided without charge as a convenience to visitors, to be used for informational purposes only. Reasonable care has been taken with regard to this site's content. YourProductShot does not warrant or represent that this site's content is accurate, complete, or up-to-date, nor does it warrant or represent that access to, and use of this site or the server which makes it available will be uninterrupted, error-free, and is free of computer viruses and or other harmful components. The content of this site may include technical inaccuracies or typographical errors for which YourProductShot also assumes no responsibility.
All of the materials provided herein, including all of the materials available on third party sites, are provided on an "as is" and "as available" basis and without warranties of any kind, either express or implied. YourProductShot cannot be held liable for any inaccuracies and updates in these terms and conditions.