Terms and Conditions

TERMS AND CONDITIONS

By commissioning InfrastructurePhotos (Pty) Ltd you agree to accept the terms and conditions  described in this notice. This notice and our Terms will change over time and the use of information which we gather  is subject to these Notices and Terms as modified. Please check this page periodically as you continue to use our Website and services to see if any changes have been made. Any dispute with InfrastructurePhotos is subject to this Notice and our Terms, including the application of the laws of the Republic of South Africa.

Agreement

This agreement between the above referenced photographer (hereafter “InfrastructurePhotos”) and the undersigned client (hereafter “Client”) governs the assignment described in the accompanying cost estimate, and along with these Terms & Conditions, constitutes the entire agreement between the parties concerning that assignment.

Estimates

The fees quoted by the InfrastructurePhotos  are for the original job description as presented by the Client. Any subsequent changes, whether made orally or in writing, may result in additional charges. The expenses are estimated in good faith. Actual expenses which may be greater or less, will be invoiced. VAT is not included in the estimate.

Payment Terms

A 60% deposit is required to secure your booking and the final 40% due before images are released. The turnaround for post production and uploading of images is 7-10 working days from date of photography (subject to receipt of final payment). If expedited image processing is required, it can be arranged at an additional post production fee. Images will be given as JPEG files in Full Resolution Color. Client image galleries will remain on our Dropbox  for download for 6 months.  The Client is responsible for image storage requests. Any image download requests 6 months after the shoot will attract an administration fee.

Refunds

1. Given the nature of digital content and the services we offer, we do not offer a refund or credit on a purchase unless InfrastructurePhotos has breached our terms of use, or breach terms as required under South African consumer law or other relevant consumer protection laws.

2. There is generally no obligation to provide a refund or credit in situations like the following:

• you have changed your mind about InfrastructurePhotos
• you don’t like an image

3. InfrastructurePhotos does not consider refunds for work already completed.

4. In the event of a project terminated on a mutual
basis all deposits and payments for work already completed is non-refundable.

5. In the event of a project being terminated by the client without any justification, all payments are non-refundable

6. No cancellations or refunds can be claimed for services that the team has offered during special offers.

7. Social media management packages are non-refundable. A client may cancel with a written notice 30 days in advance.

8. Should a photoshoot be postponed due to weather, InfrastructurePhotos will reschedule the photoshoot. Unless otherwise agreed in writing, the Client will be charged a 100 percent fee if cancellation of the assignment occurs after the photographer has departed for the location, and  60 percent fee (equivalent to the deposit paid) if cancellation occurs before departure to location. Fees for cancellations and postponements will apply irrespective of the reasons for them, specifically including but not limited to weather conditions, acts of God, nature, war, terrorism, civil disturbance, and the fault of a third party.

9. In the event of a cancellation or postponement of a shoot by the Client, the Client shall pay all expenses incurred by the Photographer up to the time of the cancellation (100% cancellation fee).

Additional Costs

Where additional expenses are incurred by the Photographer as a result of changes in the original brief by the Client/or size, or occasioned by circumstances beyond the Photographer’s control, the Client agrees to pay such reasonable expenses and/or fees at the Photographer’s agreed hourly rate for this project. The Photographer shall inform the client prior incurring such additional expenses.

Copyright 

All images/digital files remain the copyrighted property of InfrastructurePhotos.  InfrastructurePhotos owns all images/digital files and their copyrights unless otherwise stated in writing.  InfrastructurePhotos holds the right to publish & use photos taken for advertising & self-promotion.

All of the content featured or displayed on www.infrastructurephotos.com, including, but not limited to photographs, images, graphics, sound, architecture in motion and written content is owned by InfrastructurePhotos (Pty) Ltd and/or its content providers. All elements of this site are protected by trade dress, copyright, trademark and all other laws protecting intellectual property rights. No Content may be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way, InfrastructurePhotos (Pty) Ltd’s prior written permission. THE PHOTOGRAPHIC IMAGES AND MOTION FOOTAGE ON THIS SITE ARE NOT ROYALTY-FREE. © 2021 InfrastructurePhotos (Pty) Ltd. All Rights Reserved.

Commissioned work – Provided that full payment of the amount for the commission has been made by the Client to the Photographer, the Photographer grants the Client a nonexclusive, non-transferable right to use and reproduce the Photographs supplied photographed by InfrastructurePhotos. InfrastructurePhotos  supplies the award winning technical and artistic ability to illustrate an idea photographically, and sells the right to reproduce those Photographs in a given context. InfrastructurePhotos as the commissioned photographer reserves and retains the right to showcase its work in without any limitations. No property or copyright in any Photographs shall pass to the Client. Unlimited Usage and licensing rights are granted only to the paid client and not to any third party. Any BTS shots photographed by InfrastructurePhotos fall outside the Client commission and belong to InfrastructurePhotos. The Client will not make any alterations to the images without written permission from InfrastructurePhotos.

Post Production of images  

All images captured by InfrastructurePhotos are in RAW format to ensure high image quality and will under no circumstances be provided to the Client(s) in this format. InfrastructurePhotos will provide edited high resolution Jpeg image(s) to Client(s).  The following defines InfrastructurePhotos’s “edited” photograph(s): InfrastructurePhotos’s edited image(s) may include but not limited to colour correction, colour enhancements, exposure correction, contrasts, shadow and highlight recovery, lens correction, vibrance enhancements. InfrastructurePhotos’s edited photograph(s) do not include retouched, photoshopped or manipulated photograph(s).  If additional photoshop work is requested that falls outside of this spectrum, additional post production fees may apply. 

Architectural Photography Checklist

The client needs to ensure the building is ready for a commission by using the below as a checklist:

Site access and security

• Permission and property release obtained for photography from property owner, corporation, municipality, etc.

• Are the  building users and security expecting the photographer?

• Do they know what this involves? – Doing it properly means using a tripod, maybe lights, taking some time, etc.

• Are the rooms to be photographed accessible? – Any keys or security codes involved.

• Is the site available during business hours or only after hours / week-ends / at night (consider outside window views at night)?

• Is there any special security clearance required?

• Are hard hat / safety vest / harness / hard shoes required?

• If photography from a neighbouring building is required, has the necessary permission been obtained by the Client?

• In shopping centre is centre management and shop tenants aware of the commission?

• Has all the construction been completed?

• Are there window washers or rope access on the building? Is any facility maintenance scheduled that may interfere with the photography?

• Has the Client checked the site condition recently for: trailers, construction equipment, parked trucks, hawkers/street vendors, dumpsters, scaffolding, window stickers, fences, debris, graffiti, portaloos, letting agent signage, or any other site issues?

• Can the building lighting be adjusted or controlled for dusk or dawn photography?

Landscaping and surroundings

• Is the landscaping complete, mature and properly trimmed / maintained?

• Are outdoor furniture / umbrellas in place and operational? Has litter been picked up?

• Are the windows and cladding clean?

• Is there any landscape maintenance scheduled that may interfere with the photography?

• Likelihood of delivery vans arriving and staying for long periods?

• Garbage cans moved out of sight.

• No barricades, cones, barrels, barrier/cross tape or other safety & construction items present.

• Garden hoses, tools, watering cans, sprinklers, rakes, shovels, etc. put away and out of sight.

• No cleaning or maintenance personnel working in areas to be photographed.

• Any lights out? Have any been replaced?

• Any Graffiti on building? Fences? Posters? Signs?

• Are there any fountains or pools? Are the underwater lights working and timed properly?  

• Are the lights controlled by timers or photo sensors? Can they be manually controlled?

Interior Photography

• Is the site in “camera ready” condition? Including but not limited to: painting, ceiling and floor treatments being completed, all modular walls, furniture, fixtures, artwork, office equipment and plants present and properly installed.

• Are there any seasonal or non-seasonal  decorations, signs, flags or banners that need to be removed?

• Are desks, offices, cubicles and common areas clean and organized? Should special arrangements need to be in place, Client to arrange accordingly.

• All interior spaces are to be cleaned, dusted, de-cluttered and staged prior to photoshoot. Floors to be swept, mopped or vacuumed thoroughly.

• Has all the correct furniture been installed and arranged correctly?

• Flowers and plants available for inclusion in shots? Props arranged?

• Will props or models (see “Personnel”) be necessary? If so who will provide?

This is not an exhaustive checklist but it should serve as a stimulus to your planning and a reminder of the range of issues that may need your attention in advance of the photography session. Every site is different; every building occupant is different, every season has its special concerns and to top it all off, budgets limitations sometime have an impact. However, with a little of forethought, you can help the photographer get the work accomplished efficiently and without disruption to other activities while also delivering the results and quality needed.

Exclusivity

Should there be a requirement of exclusivity rights to the Client, a signed Exclusivity Agreement will be signed between the Client and InfrastructurePhotos. Where exclusivity is given to the Client, after the exclusivity period indicated on the Exclusivity Agreement expires, the Photographer shall be entitled to use the Photographs for any purposes. InfrastructurePhotos doesn’t not have right to sell any images paid for and commissioned by any of its clients.

Distribution The use and distribution (copyright) of the final images may be used by the commissioning Client named in this invoice only. If a Client wishes to make any additional uses of the photographs (use by subcontractors etc) not covered in the initial agreement, Client shall obtain permission from the Photographer and pay an additional fee of 30% of commissioned fee.

Permissions
The Client must satisfy himself/herself that all necessary rights, property releases, clearances or consents are obtained by the client and it is acknowledged that the Photographer gives no warranty or undertaking that any such rights, releases or consents have or will be obtained whether in relation to the use of names, people, trade marks, registered or copyright designs or works of art depicted in any material.

The Standard License allows the use of the purchased image for the creation of different kinds of items (except Items for Resale or Items for Free Distribution, where the image plays a major role in the item and adds value to it).

Examples of permitted use:

• Digital use: articles or publications on blogs or websites; advertising banners; screen savers; wallpapers; software (for PC or mobile devices); e-cards or e-mails; e-books; presentations (PowerPoint, Flash, etc.); movies, videos or TV advertising; unofficial logos, etc.
• Printed use: advertisements in newspapers or magazines; printed advertising materials; covers or illustrations for books, newspapers, magazines; business cards; flyers; posters; CD/DVD covers; wrappers, labels or product packaging; stationery: folders, notebooks, pens, pencils, stickers; charms; calendars; mugs or glasses; mouse pads; T-shirts, clothing, etc.
• Creation of Items for Resale or Items for Free Distribution where the image plays a major role in the item and adds value to it is not permitted
• Creation of Items for Resale or Items for Free Distribution where the image plays a minor role in the item is permitted

If a purchased File is reproduced in media (published on a blog or website, in a magazine, in a newspaper or on TV), a copyright notice must be displayed next to the File. This notice must contain the following text: “© infrastructure photos”

You may not purchase any of our stock images for the following

• To make a purchased image available for free downloads
• To create conditions under which the image may be extracted from a product
• To transfer or resell to third parties a sublicense or rights to the image
• To allow third parties access to the File for further use
• To create an official logo, company name, or trademark
• For any illegal purposes
• For SPAM mailings
• To own the copyright and  reproduce this images on canvas or any other source for a fee
• In items or products used to promote racism or other discriminatory practices that could embarrass the infrastructurephotos.com

The fact of purchasing an image gives the buyer a non-exclusive license for an unlimited period of time on an unlimited regions, without the right to grant or sublicense the File to third parties, and allows use of the image in the creation of any kind of item; however, the author does not abdicate ownership or intellectual property rights to the image and remains the owner of this image. All other rights to the File, including ownership and other intellectual property rights, remain with infrastructurephotos.com.

General terms and conditions

• Prices subject to change without notice
• Above listed terms and conditions represent the only contract between InfrastructurePhotos and the Client (unless specified otherwise)  
• Terms and conditions subject to revision without notice
• Client agrees to allow InfrastructurePhotos to display and post online its photographs, project information, and Client information at InfrastructurePhotos discretion
• InfrastructurePhotos is not responsible for the posting of photographs to third party websites
• Infrastructurephotos is an independent registered company and not a Client’s employee
  
• InfrastructurePhotos retains the right in all cases to use the Photographs in any manner at any time and in any part of the world for the purposes of advertising, marketing or otherwise promoting its work, including photographic competitions
  
• On the Client’s bankruptcy/liquidation of company any rights license granted shall immediately cease
  
• InfrastructurePhotos asserts its statutory right to be identified as the author of their work as it supplies the world class award winning technical and artistic ability to illustrate ideas photographically