Terms & Conditions

General Business Terms & Conditions

****Shar Hays Photography is a division of Imagication Ltd****

By choosing to use our service, you acknowledge that you have read, understand, agree and are bound to the following terms and conditions of use and service:

Copyright

Exclusive copyright of design & web/digital materials is reserved by Imagication Ltd; upon full payment of all fees and costs, Client is granted the right to use the designs contained in these materials as per project contract or as specified in writing only. All others rights remain the exclusive property of Imagication Ltd. Design documents including, but not limited to, sketches/comps, designs, illustrations, photography, models and all other design documents are the exclusive property of Imagication Ltd.

Confidentiality

Unless otherwise stated, Imagication Ltd retains the right to display (in a portfolio, blog, business relevant website and/or any promotion material) the outcome of any design order. If you need a Non-Disclosure Agreement signed by Imagication Ltd please contact us to discuss your needs before the quote is given, it could change the price of the service.

Refund Policy

If the work fails to meet your satisfaction, please contact us within 48 hours to formally request a refund. Before you receive your refund, however, you acknowledge that as a condition of receiving the refund, you will have deleted and/or destroyed any previously designed concepts/proofs/visuals provided by Imagication Ltd. After that Imagication Ltd keeps all rights of the concepts/designs and it could be sold. Imagication Ltd reserves the right to refuse any order at any step of the process, after that Imagication Ltd will do a refund, less expenses already established and keep all rights of the designs and/or property.

Payment

(Design & Web) Client will be invoiced once project is approved. A 30% deposit is required to start project.
You will be invoiced prior to delivery. Final 70% is required on sign-off of work and before work is delivered to client.
Existing clients can be invoiced for work completed. If payment is not received by due date, all work will be suspended. Late payment is subject to a fee of 10% per month.

*****Understanding business are all struggling to pay invoices at the moment. An update for any overdue invoices is required asap. Any work requested by clients with unpaid invoices will not commence until settled.*****

Imagication & Shar Hays Websites

All content on the Imagication Ltd web site including the elements of design and layout unless otherwise noted, is copyrighted material, and may not be reproduced or imitated in whole or in part. Violators will be prosecuted to the maximum extent of the law. The Imagication Ltd web site, and all services rendered to our customers are provided \”AS IS\”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED. In no event shall Imagication Ltd be liable or responsible for any special, incidental, indirect or consequential damages of any kind, or any damages whatsoever, including, but not limited to, those resulting from loss of use, data, or profits.

Modification of these Conditions of Use

Imagication Ltd reserves the right to change the terms, conditions, and notices at any time, and such modifications shall be effective immediately upon posting of such changes. You are therefore responsible for regularly reviewing these Conditions of Use and additional terms or notices posted on the Imagication Ltd website. Your continued access of this website shall be deemed your conclusive acceptance of the modified agreement.

Update: 06 May 2011 ©2011 Imagication Ltd
These Terms and conditions also apply to Shar Hays Photography (a division of Imagication Ltd)

Photography Terms (As per Client agreement form)

– The Photographic Works may be used for the purposes set out in clause 2 of the NZIPP Standard Terms (Form 1104)…
– “Imagication/ Shar Hays may use the Photographic Works within the Photographers business activities, competition & promotion media”
– Client has the “Right to reproduce” the high resolution files from DVD. For large prints and canvas it is recommended that you order through Imagication / Shar Hays for the best setup, enlargement and quality. This is optional.
– The copyright in all parts of all Photographic Works created remains the property of the Photographer. Under the NZIPP Standard Terms (Form 1104), I purchase a licence to use the Photographic Works of the Photographer.
– At the time of signing this agreement, the retainer/booking fee must be paid in full to confirm the shoot day. The retainer is non-refundable, unless a written notice of cancellation or postponement is provided to the Photographer at least 6 months before the booked shoot date
– The outstanding balance must be paid prior to delivery of images/products, or 4 weeks prior to wedding.
– All money and fees paid are non-refundable, but maybe redeemable on special circumstances towards any other services offered by Imagication and/or Shar Hays
– The high resolution files, the web resolution files, as well as any gift prints from Imagication will be delivered up to 28 working dates after the photography date, not including any public holidays.
– I/We understand that the quality of the prints are highly dependent on the quality of the photo lab that is used, and will not hold Imagication and/or Shar Hays liable for poor quality prints if I/We choose not to use professional printing labs
– I/We (The Client/s named in this Agreement) understand that it is my/our responsibility to perform backup services to ensure the safety of the digital files received from Imagication and/or Shar Hays, and thus accept that Imagication and/or Shar Hays do not provide backup services for the digital files that have been handed over. Upon the unfortunate circumstances that the files are lost or damaged in the future, I/We will be liable to any cost associated with the recovering
– The web resolution digital files with copyright logos must be used when uploading or sharing the images onto/via the internet, including emailing the images to friends and families
– In the case of album or book orders, the first draft will be delivered up to 3 weeks after the date of confirmation or the portrait session date, whichever is later. Upon the confirmation of the final album or book design, the delivery of the actual album will take up to 3 weeks to take place. In the case of any delay caused by the suppliers, Imagication and/or Shar Hays will not be held liable for the delay
– If no album/ book or product is ordered at the time of booking, I/We understand that if we do choose to order from Imagication and/or Shar Hays in the future, I/We will pay the up-to-date market prices for the products.

Update: 06 May 2011 ©2011 Imagication Ltd
These Terms and conditions also apply to Shar Hays Photography (a division of Imagication Ltd)