Crave Concepts

STANDARD T&Cs AND PAYMENT TERMS

 Please note the following standard terms and conditions that form part of all cost estimates applicable to all commissioned shoots.

Terms of Use

1.     It is hereby agreed that the Photographer is recognized and constituted as the Author of the commissioned works produced and shall be the owner of the copyright therein throughout the world. A License of Use is granted to the Client for the specified use. No other rights besides those specifically included in the license are granted in respect of the work(s).

2.     This License is conditioned upon receipt of payment in full by the Photographer within the payment period agreed. All rights not expressly granted to the Client remain the exclusive property of the Photographer. The Client may not transfer or assign this License without the express written consent of thePhotographer. “Client” refers to the person or the organization, its representatives, successors, assignees, agents and affiliates requesting the provision of the photographic services and supply of photographs.

3.     For editorial use, the Client agrees to provide a credit line in the form of the Photographer’s trading name in type no smaller that the nearest text and immediately adjacent to the picture used or the editorial fee is converted to the full commercial fee.

4.     The Photographer retains the right to use the Photographs in any manner, at anytime and in any part of the world for self-promotional purposes.

5. An exclusive licence for Use is granted to the Client for South Africa, for Catalogue and Social media use, in perpetuity. No other rights besides these specifically included in the licence are granted in respect of the work(s).

6.   The License for Use transfers on receipt of full and final payment.

Approval

1.     Images commissioned for the shoot require approval by the Client on set. Should the images be rejected for any reason whatsoever after the shoot the Client will be liable for the payment of the invoice based on the final Cost Estimate in full. No license as contemplated in clause 1 is granted in respect of rejected images not withstanding payment as aforementioned.

2.     Where additional expenses are incurred by the Photographer due to the changes in the original brief by the Client or by circumstances beyond the Photographer’s control, the Client agrees to pay such reasonable expenses and/or fees in addition to the Photographer’s normal rates.

3.     The commencement of the shoot or consultancy signifies the acceptance of the final Cost Estimate in its entirety and the adoption of this agreement by the parties. This Agreement constitutes the sole record of the agreement between the parties and supersedes all previous agreements.

3.     The Client agrees to indemnify and save harmless the Photographer against all liabilities,claims and legal costs arising out of the Client’s use of the photographs.

Payment or Non payment

1.     In the event of non-payment or other breach of this agreement by the Client, the Client shall pay all the Photographers costs and expenses incurred in the enforcement of the terms of this agreement, including the Photographer’s attorney’s fees and the license contemplated in clause 1 shall not exist and not be of no force or effect.

2. No variations of the terms of this contract shall be recognized unless agreed in writing.

3. This agreement shall be governed by the laws of the Republic of South Africa.

4. Interest at 2.5% per month will be charged on the full overdue amount.

Terms on Cost Estimates

1.     This Cost Estimate is valid for 7days

2.      The costs provided when quoting are guide prices based upon what we anticipate the creative, time and production requirements to be based on previous experience and on typical processes, plus client co-operation in provision of content, meeting deadlines and approval. Within reason, additional charges may be payable if there are significant variations to this, although the client would be made aware of this well in advance. Charges are unlikely to deviate from those quoted unless requirements change significantly.

3.      The commencement of the shoot signifies theacceptance of the standard terms and conditions in full.

Terms on Tax Invoice

1.     No creative or development work will commence until the agency has received written approval of the quotation (byhand or by email) and a minimum deposit of 50% of the agreed costs (unless otherwise agreed in writing). This ensures that the agency is fully equipped to provide the very highest levels of service and expertise, from project inception through to completion. This also applies if a project is delivered in‘stages’, whereby a deposit will be required before proceeding to each new stage.

2.     Unless otherwise agreed in writing,the balance of payment will be due in full on project completion (e.g on delivery of printed items, publishing of website, sending of e-shot etc):failure to make final payment at this point may result in delays in project delivery.

3.     If a quotation has been provided where a job will be approached in ‘stages’, each stage will need to be paid in full on completion of each stage, before the agency is able to progress to the next stage. Where a job has been quoted in two halves (initial 50% deposit and final 50% balance) the balance of payment may be charged in full either oncompletion of the project or over a number of further staged payments at the discretion of the agency.

4.     If any project exceeds the estimated timeline agreed or extends beyond twelve weeks from approval of quotation (whichever occurs first), the agency reserves the right to invoice 25% of any outstanding balance, with the remaining 25% payable on completion.

5.     Any printing, fulfilment, mailing or third-party services that are provided by the agency will require a minimum up-front payment of 75% (possibly higher in relation to value) of the agreed cost (this figure will be at the discretion of the agency and may in some cases be as much as 100%). Please note that the agency will be unable to proceed to this stage without receipt of or proof of this payment.

6.     Unless otherwise agreed in writing, work will usually commence within ten working days of deposit receipt. Any anticipated completion date provided by the agency is subject to options chosen and client co-operation in provision of information,resource (logos, images etc) and approval. The agency will do its very best to ensure that agreed timelines are adhered to, but please be aware that circumstances, amends requested, or additional requirements may potentially result in delays. Time lines provided are estimated but the agency will not beheld liable if the project over-runs due to delays caused by the client passing information or approval, or any third party issues or force majeure (act of God).

7.      Costs provided allow for a maximum of three sets of client amends after which time additional charges may become payable, although the client would be made aware of this in advance.

8.      At the end of each stage of the process (including – but not limited to – before sending an item to print or publishing a website etc) the client will need to ‘sign-off’their approval either in person or by email. No further development can be undertaken until the agency is in receipt of written approval confirmation. Any amends to work after signed approved may incur additional charges for further time spent, although the client would be made aware of this in advance.

9.      Costs provided allow for occasional meetings at key stages for a reasonable length of timebetween the agency and client. Some meetings may incur additional charges fortime spent, although the client would be made aware of this in advance.

10.    Unless otherwise agreed in writing, projects are subject to a ‘standard disbursement charge’ to cover anticipated costs for in-house colour printing, travel,postage etc.

11.    Unless otherwise specified, costs quoted exclude the following where relevant: print;commissioned illustration, stock images; image retouching; image scanning;copywriting; postage, in-house colour print-outs and travel exceeding that allocated within the ‘standard disbursement charge’ above; web hosting (it will often be a prerequisite to host on one of our competitively priced servers,particularly if a website incorporates an e-commerce or content management system); couriers; other third-party costs incurred (such as merchant bank and payment gateway charges) etc.

12.   Please make the payment into Cheque Account Number 62549121086at FNB Tableview, Branch code 250655, held in the name of Crave Photography.

13.   Unless otherwise stated above or previously agreed in writing,all invoices are due within seven days of any invoice date. 6.     Interest of 2,5% per month will be chargedon overdue accounts.

14.   Theagency will not at any time or in any manner, either directly or indirectly,use for our personal benefit or divulge, disclose or communicate in any mannerany information that is proprietary to the client. We will act reasonably to protect such information and treat it as strictly confidential.

15.    The client agrees to indemnify Graphical Agency Ltd and keep the agency indemnified and hold the agency harmless from and against any claims, actions, proceedings, losses, liabilities, damages, costs, or expenses suffered or incurred in relation to work or services provided. The agency is not liable for any loss that may occur before, during or after the development of projects undertaken.The agency will not be held responsible for any delays, errors or losses arising from any third party.

16.    If no Archive services are agreed upon, the image(s) will not be stored for longer than three months after confirmation of delivery.

Cancellation Policy

1. The Client may cancel this contract at any time by giving written notice to the Photographer, but in doing so shall forfeit their booking fee (deposit) paid. In addition hereto, and save for the cancellation being due to death or hospitalisation of the Client(s), the following charges will be due and payable in case of cancellation, it being the agreed loss suffered by the Photographer due to such cancellation and having specific regard to (a) the nature of the goods or services that were reserved or booked in terms of this contract, (b) the length of notice of cancellation provided by the consumer herein, (c) the reasonable potential for the Photographer to find an alternative Client and (d) the general practice of the relevant industry:

·       75 hours prior to the shoot date :                                                            75% of the outstanding amount.

·       24 hours to same day notification prior to the shoot date :        100% of the outstanding amount.

Video Editing and Footage

1. Video editing includes adding basic titles to speaker names. No sound clips or voiceovers, graphics or animation included unless quoted for.

Photo and Video styling

1. The Client is responsible for providing a safe, spacious and clean area for the photographer to work in when shooting on location. The Client is responsible for providing products that are clean, and free from blemishes/defects for product photographs. The Client is responsible for cooking, plating and styling food for food photographs unless otherwise agreed to in writing.

2. The Client is responsible for providing a neat area for video shoots. The Client is responsible for obtaining permission to use their desired premises for video footage. 

3. Crave Concepts is responsible for obtaining model Release Forms from persons used in video and photo footage unless otherwise agreed upon in writing.