Terms of Service – BenDWoods Photography
Last updated: March 05, 2024
1. Introduction
Welcome to BenDWoods Photography. Throughout the site, the terms “We”, “Us” and “Our” refer to BenDWoods Photography. By accessing or using our services, you agree to be bound by these Terms of Service. Please read them carefully. If you do not agree with any part of these terms, you must not use our services.
2. Definitions
Services: Refers to the photography services provided by BenDWoods Photography, including but not limited to event photography, portrait sessions, and the provision of digital and printed images.
Client: Refers to any individual or entity that engages BenDWoods Photography for services.
Agreement: Refers to the contract between BenDWoods Photography and the Client as detailed in these Terms of Service.
3. Reservations and Payment
All transactions and pricing on BenDWoods Photography are conducted in Australian dollars (AU$) and do not include Goods and Services Tax (GST). GST, if applicable, will be calculated at checkout. Please note that international orders may be subject to import taxes and fees imposed by the destination country. BenDWoods Photography is not liable for these charges, and it is the responsibility of the client to cover any such additional costs associated with shipping to their country.
Photo Shoots
Reservation: A booking is confirmed when a deposit of 50% of the total service fee is received (or as negotiated within the written proposal or quote). The remaining balance is due on the day of the shoot or event unless otherwise agreed in writing.
Cancellation:
By Client: If the Client cancels the booking 0-14 days before the photo shoot, the deposit is non-refundable. Cancellations made more than 14 days prior will result in a full refund of the deposit.By
BenDWoods Photography: All attempts to find a replacement photographer will be pursued in the first instance. In the unlikely event that we need to cancel, a full refund of all payments will be provided.
Events
Reservation: Reserving tickets for events through our platform is an acknowledgment of your commitment to attend. Upon completing the reservation process and receiving a confirmation email, your booking is confirmed. Please note that each event may have its own terms and conditions, which override any general policies outlined here. If you need to cancel your reservation, please refer to the specific cancellation policy for that event.
Cancellation:
By Client: If the Client is required to cancel a ticket a refund will be granted in accordance with the following, minus any non-refundable fees levied by third-party companies such as Squarespace or PayPal. Greater than 14 days from the Event date: 100% refund. 7-14 days from the Event date: 50% refund. 0-7 days from the Event date: no refund. Greater refunds may be given at the discretion of the Company
By BenDWoods Photography: BenDWoods Photography endeavours to ensure the successful execution of every Event. However, we reserve the right to cancel or modify an Event at any stage due to circumstances beyond our control. Some reasons for potential cancellation may include, but are not limited to:
· Insufficient ticket sales rendering the Event unviable.
· Third-party venue cancellation.
· Adverse weather conditions jeopardizing attendee safety.
· Unforeseen sickness or health concerns.
· In the event of cancellation, BenDWoods Photography may propose an alternative date for the Event. Alternatively, a full refund will be issued, minus any applicable third-party fees.
Please note that BenDWoods Photography is solely responsible for refunding the Ticket cost. We are not liable for any loss incurred for accommodation or travel expenses associated with attending the Event.
Products
Reservation: When making reservations for products via our platform, it's essential to understand the terms and conditions associated with each item. While we strive to ensure customer satisfaction, cancellations may be subject to the policies of third-party suppliers or manufacturers. Please review these terms carefully before finalising your reservation. If there are any issues with the supply or delivery of products from our end, rest assured that we will provide a full refund in accordance with our refund policy.
Cancellation:
By Client (Products): Under Australian Consumer Law, if the Client necessitates the cancellation of a product order, a full refund will be provided only if production has not commenced. However, cancellations involving third-party suppliers or manufacturers are non-refundable unless expressly stated otherwise in the policy of the third-party supplier.
By BenDWoods Photography (Products): Products sourced through various channels are distributed via our online shop. Cancellation of items obtained from third-party sources, such as print-on-demand services, are non-refundable upon order receipt. However, if there are supply issues with components or an inability to deliver promptly from BenDWoods Photography, a complete refund will be issued for the affected product.
BenDWoods Photography retains the right to decline any order placed by individuals considered morally unfit, in the interest of maintaining the integrity and reputation of our brand.
4. Service Delivery
Performance: We will provide photography services as described in the written agreement. We will make every effort to capture the agreed-upon moments and provide the highest-quality images. Products will be delivered as described within the store description.
Image Delivery: Digital images will be delivered within 60 days of the shoot or event unless otherwise specified. Physical products will be delivered within 90 days or better.
5. Intellectual Property
Ownership: BenDWoods Photography retains the copyright of all Our images. Images from other sources are credited accordingly and ownership remains with the source.
Usage: Clients must not use the images for private or commercial purposes without obtaining written permission from BenDWoods Photography.
Credit: When publishing or sharing the images online, credit must be given to BenDWoods Photography including a tag or link to this website.
6. Liability
Limitation of Liability: To the extent permitted by law, BenDWoods Photography shall not be liable for any indirect, incidental, or consequential damages arising out of or in connection with our services.
Force Majeure: We are not liable for any failure to perform our obligations due to events beyond our reasonable control, such as natural disasters, accidents, or any other unforeseen events.
7. Privacy
A separate comprehensive Privacy Policy is available here.
Collection of Information: We collect personal information necessary to provide our services, such as names, contact details, and event information.
Use of Information: Personal information is used solely for the purpose of providing photography services and products and will not be shared with third parties without consent, except as required by law.
Data Security: We implement appropriate security measures to protect personal information against unauthorised access, alteration, or destruction.
8. Dispute Resolution
Negotiation: In the event of a dispute, the parties agree to attempt to resolve the issue through good faith negotiations.
Mediation: If the dispute cannot be resolved through negotiation, it shall be referred to mediation in accordance with the procedures of an agreed-upon independent mediator.
Governing Law: This Agreement is governed by the laws of the state of South Australia and the Commonwealth of Australia. Any legal action or proceeding shall be brought in the courts of South Australia.
9. Amendments
BenDWoods Photography reserves the right to amend these Terms of Service at any time and continued use of our services will constitute acceptance of the revised terms. We will notify you of any changes by posting the new Privacy Policy on this page.
10. Contact Information
For any questions or concerns about these Terms of Service, you can contact us:
Email: hello@bendwoods.com
Address: PO Box 7 Modbury North, South Australia, 5093
By engaging our services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.
These Terms of Service are designed to be compliant with Australian law and to protect both BenDWoods Photography and our clients. If you have any questions or need further clarification, please reach out to us.