Legal Definitions

 

The client whose name is specified on the invoice the website (here-in-after referred to as “the Client”) has at this moment commissioned Go Zooming to supply or create and deliver photography.   “Image(s)” means all viewable renditions furnished by Go Zooming hereunder, whether captured or stored in photographic magnetic, optical, or any other medium whatsoever. 

 

You Must Tell Us Exactly How To Shoot Your Product - The Photo Guide

Simple as that: If you don’t tell us how to photograph your product, then we won’t know how to shoot it.  

The best way to do it is showing us examples of how you want your pictures. Comps, drawings, illustrations, tear sheets, cell phone images, reference URLs are required to help guide us.That's the reason why we ask it at the Estimate. We will do exactly as you told us to do. We will match the color, light, styling, position, etc. Any client based interaction, which will hinder this unique process will be a violation of the terms and conditions.

 

The product will be photographed based on the guideline (AKA Photo Guide) provided by the client on the Quote Form. Go Zooming will match light, style, and product position. However, if the client changes his/her mind regarding the guideline provided, Go Zooming has the option to cancel the job, or the client may pay for the photos again. 

 

If no example or guide images are provided, then the client loses the right to a revision or approval.

 

Unlimited Revision, Refund Policy, And Image Approval/Disapproval

A) The client will be given a chance to approve or disapprove an image within the framework of the guide images at the conclusion of the photoshoot via email when the photos are sent not before. 

 

B) The product in the disapproved image may be rephotographed or re-retouched as many times as the client want. Our goal is to make the client 100% satisfied with our work! However, the Unlimited Revision process is valid when the client provided us the Photo Guide previously mentioned on You Must Tell Us Exactly How To Shoot Your Product section. Otherwise, the client has to pay for another photo.

 

C) Disapproval must be expressed in detail as an email, and precise changes must be made clear.

 

D) The client may not request changes or reshoots after the client has approved the final images.

 

E) Disapproved images will be redone in 5 business days or less from the time detailed directions are received.

 

F) All refunds are issued in their original form of payment. IE, if the original order was paid (Credit Card, Paypal, or Payoneer)

 

G) Balances on any order or individual account will remain for the life of the business, but can only be refunded if requested within 270 days. After 270 days, balances cannot be refunded but will remain as a credit for any future orders.

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H) You have to ask for the revisions up to 3 days after you receive the complete job. Otherwise, the order will be marked as completed and don't have the right to ask for free revisions anymore. However, if you still want revision after the 3 days window, you will be charged $20 for each photo revision. NO EXCEPTIONS!

 

 

Product Quality And Resulting Image

 

A) Go Zooming will photograph the item as it arrives at the studio.  If the object has flaws, mislabels, “waves” in the labels, nicks in the package or products, internal damage, it will be photographed as such.

 

B) If the item arrives unacceptably damaged as determined by our receivables department, you will be contacted and given a chance to send a new object to be photographed.

 

C) Go Zooming may retouch certain minor flaws inherent in the product but it is not required too.

 

D) Go Zooming can provide props and models for a photo. If the client requires something specific, the client must provide all accessories for the photograph. Clear direction is needed, preferably in the form of a cell phone photograph of the setup.

 

Pre-Approval Images

 

A) When shooting a large number of products or highly tricky items sometimes Go Zooming will send a pre-approval image. Aspects of this pre-approval image, such as overall lighting quality & highlight position determine how other similar products will be photographed. If this “Guide Image” is approved, reshoots and re-retouching cannot be requested for these specific aspects.

 

B) If the client requests a reshoot or re-retouching of an aspect of a photograph that was defined by the “Guide Image” additional charges will be incurred at the standard Go Zooming rate for a reshoot

 

Turn Around Time & Delays

 

A) Turn around time will start after we receive the product AND the payment. The Delivery Date will be considered from the latest. 

B) Go Zooming will make every reasonable attempt to deliver the pictures within a fair amount of time, however, Go Zooming will not be held responsible for delays due to act beyond our control.

C) 5 Business Days turn around time refers to 5 days, not including weekends. 

D) 3 Business Days rush turn around time refers to 3 days, not including weekends.

E)  If the rush turns around time is not met then, the order will change to a seven-day order, and a refund for the additional rush fees will be refunded.

F) If the 3 days turn-around time is not met, then the client may ask for a full refund on the 8th day.
G) Standard and Rush turn around times are only applicable to orders under ten items. To orders where there are 10 or more items to photograph the turn around time will vary and is based on the total number of items to shoot and the difficulty. In this case, specific turn around times are available upon request but are otherwise open and without a specified time frame.

Estimate

 

A) As soon as the client place the order with all the information that he/she wants for your products Go Zooming will send to the client an estimate explaining all the service that will be executed with its specific prices. 

B) The client has three days to decline or accept the quote. Go Zooming ONLY receives confirmations regarding quotes generated by the link previous sent to the client. NO EXCEPTIONS. 

C) If the client accepts the quote, an Invoice will be generated and ready to be paid. We accept all debit and credit cards. 

D) If the client declines the quote, Go Zooming will contact the client. 

 

Payment

 

A) The Client must pay 100% of the cost of the invoice. We use Quickbooks to process all credit cards transactions, Paypal, and Payoneer as an alternative way to pay. 

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B) If a client doesn't pay or underpays for a service (for example the client pays for five products to be shot and sends 6), they will be informed, and the photos will be sent with the watermark until the difference or balance owed has been paid.

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C) The invoice needs to be paid in 15 days after the Invoice is sent. Otherwise, the late fee will be apply. (1.5% per month).

 

Custom Price Negations and massive order quantity breaks

A) Any pricing negotiated based on volume will only be valid if the client provides the agreed upon shoot volume. 

B) No full value refunds will be issued for significant volume discount based orders but will reflect a prorated refund for the actual volume completed. IE, if a size of 600 photos at a price of $15 per shot is agreed upon and the client provides only 300 photos, a higher per shot price will apply and the refund issued will reflect the new per shot price.

 

Image Ownership And Usage & Copyright

Copyright is a somewhat confusing and touchy subject.  At Go Zooming we maintain ownership over the copyright.  We grant worldwide, unlimited usage rights for an infinite amount of time, in an unlimited amount of mediums and alterations for promotional and advertising usage of the company that made the order.  This is the most usage that can be given and it is included in the price. A photographer that gives away copyright is almost unheard of in our industry.

 

The Copyright Act protects a wide variety of photographic works. This category includes photographs that are created with a camera and captured in a digital file or another visual medium such as film. Examples include color photos, black and white photos, and similar types of images.

 

Without ownership, you would only be restricted from selling the copyright of the images to others and filing lawsuits against those that use the photos without permission.  If you feel that you still need the copyright we do sell the copyright for an additional $35 per image however if you don’t plan on doing the above two things, it may not benefit you.

 

However, if you are mostly concerned about us sharing the images, we are more than happy to agree not to share them on our website or social media. We are more concerned about you having a positive experience with us than sharing your images on our social media and site. But, share these images on our extensive social media platform and website it will help you to increase your sales and brand awareness. 

 

A) All photographs and rights remain the exclusive property of Go Zooming.

B) Ownership is different from usage, and the client is given worldwide, unlimited usage rights for an infinite amount of time, in an unlimited amount of mediums and alterations for promotional and advertising usage of the company that made the order.

C) The client may not, however, re-license or sell ownership of the images to others as their own.  This includes reselling the photos or placing them in stock for the profit, and it is a violation of the copyright agreement.  The client may allow other retailers such as Amazon or selling sites to use the images to promote the sale of their products.  

D) The client's competitors are not allowed to use the images captured for the client on their marketing or on any retailer’s site to promote the same product and Go Zooming will not provide the exact photos to the clients' competitors.  This is a violation of copyright and Go Zooming can issue a cease & desist order on behalf of the client in this case.

E) If a competitor hires Go Zooming to photograph the same product, the product will be re-photographed, and new images will be provided to the competitor even if it is styled similarly.

F) If the client wants to purchase the copyright, it is available for sale at the end of the photoshoot for an additional $35 per photo.

G) Go Zooming will not share or distribute images that the customer has explicitly noted in an email that we should not share.

 

Image Sizing & Resolution

 

A) Image delivery types are picked by the customer and are defined on the ordering page.

B) Go Zooming will not be held responsible resizing or reformatting images to fit the vast client's range of possible uses.  The image sizes are delivered in a large format to enable the majority of these standard uses, for example on a website, in a standardly sized catalog or printed in a magazine.
C) Go Zooming will not deliver layered PSD files.  The tiff format carries all the same properties of a PSD file but at the smaller file size.  Go Zooming uses advanced retouching techniques, and those layers will not be delivered as they are flattened in the retouching process and are mostly unusable except during processing.

D) Go Zooming will not deliver raw file. Go Zooming uses advanced retouching methods far beyond a single capture image often blending multiple raw files with many layered photoshop elements.  

E) Go Zooming will delivery images according to Amazon Product Images Requirement, unless the customer requests otherwise.  

 

Amazon Product Image Requirements

Technical Requirements

Product images submitted to Amazon must meet the following technical specifications.

• TIFF (.tif/.tiff), JPEG (.jpeg/.jpg), GIF (.gif) and PNG (.png) format

• Image pixel dimensions of at least 1000 or larger in either height or width preferred

• sRGB or CMYK color mode

• File names must consist of the product identifier (Amazon ASIN, 13-digit ISBN, EAN, JAN, or UPC) followed by a period and the appropriate file extension (Example: B000123456.jpg or 0237425673485.tif)

 

Note: Spaces, dashes or additional characters in the filename will prevent your image from going online.

 

Amazon Site Standards for Product Images

For images named by product identifier without a variant code or called with the MAIN variant, and display as the main image on the product detail page, Amazon maintains the following site product image standards:

• The image must be the cover art or a professional photograph of the product being sold. Drawings or illustrations of the product are not allowed.

• The image must not contain gratuitous or confusing additional objects.

• The image must be in focus, professionally lit and photographed or scanned, with realistic color, and smooth edges.

• Books, Music, and Video/DVD images should be the front cover art and fill 100% of the image frame. Jewel cases, promotional stickers, and cellophane are not allowed.

• All other products should fill 85% or more of the image frame.

• The full product must be in frame.

• Backgrounds must be pure white (RGB 255,255,255).

• The image must not contain additional text, graphics, or insert images.

• Pornographic and offensive materials are not allowed.

For additional other view images:

• The image must be of, or about, the product being sold.

• The image must be in focus, professionally lit and photographed or scanned, with realistic color, and smooth edges.

• Other products or objects are allowed to help demonstrate the use or scale of product.

• The product and props should fill 85% or more of the image frame.

• Cropped or close-up images are allowed.

• Backgrounds and environments are allowed.

• Text and demonstrative graphics are allowed.

• Pornographic and offensive materials are not allowed.

 

Products Shipping, Return Shipping

A) The shipping of products to and from Go Zooming is the sole financial and physical responsibility of the client.

B) Go Zooming will not be held responsible for damaged goods in the shipping process.

C) The client must place the Go Zooming provided Order Summary, printed at the end of the process, in the box before shipping. If it is neglected, then Go Zooming will not be responsible for delays of photography or confusions.

D) We don't offer free return shipping. The client has to provide a paid return shipping label to have your product returned to you. 

E) The Client assumes the full risk of loss or damage to or arising from materials furnished by the client hereunder and warrants that said elements are adequately insured against loss, damage or liability. The client shall indemnify the Photographer against all claims, liability, damages, and expenses incurred by the photographer in connection with any claim arising out of the use of said materials hereunder.

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Products That Are Not Returned

A) Return shipment of products is optional and must be requested at the time the order is marked as complete.

B) The client has to provide a return shipping label to Go Zooming. 

C) If the client don't express within 30 days after the order is complete that he/she wants the product back, Go Zooming shall become the owner of such products and items. NO EXCEPTIONS! 

 

This Agreement Is Binding

 

The Client may not assign or transfer this agreement or any rights granted hereunder. This agreement binds and inures to the benefit of Go Zooming, Client, Client’s principals, employees, agents, and affiliates are jointly and severally liable for the performance of all payments and other obligations hereunder. No amendment or waiver of any terms is binding unless outlined in writing and signed by the parties. However, the invoice may reflect, and the Client is bound by, oral authorizations for fees or expenses, which could not be confirmed in writing because of insufficient time. This agreement incorporates, by reference, Article 2 of the Uniform Commercial Code and the Copyright Act of 1976, as amended.

 

Disputes

 

Except as provided below (b), any dispute regarding this agreement shall be, at Go Zooming’s sole discretion, either (1) arbitrated in Miami, FL under the rules of the American Arbitration Association and the laws of Florida. Judgment on the arbitration award may be entered in any court having jurisdiction. Any dispute involving $2,500 or less may be submitted without arbitration to any court having jurisdiction thereof. The client shall pay all arbitration and court costs, Go Zooming’s reasonable legal fees, and expenses, and legitimate interest of any award or judgment in the event of any ward or decision in favor of Go Zooming., or (2) adjudicated in Miami under the laws of Florida. The Client shall pay all court costs, the Photographer’s legal fees, and expenses, and legitimate interest on any award or judgment in the event of any award or judgment in favor of Go Zooming. The client at this moment expressly consents to the jurisdiction of the Federal courts concerning claims by Go Zooming under the Copyright Act of 1976, as amended.

 

For more information, please contact us.