These Terms and Conditions ("Terms") govern the use of the online platform Spotgrapher.com (also called "Platform"). These Terms apply to both customers (also "Users") and photographers.
Your access and use of the Platform constitutes your agreement to be subject to these Terms, which establish a contractual relationship between you and Spotgrapher.com. If you do not agree with these Terms, you may not access or use the Platform.
– “User” means client who is interested in a photo session.
– “Photographer” refers to an independent provider of photography services.
Spotgrapher.com is an online platform where Users plan and arrange photo sessions with Photographers. Photographers offer their photography services as packages which can be booked by the Users.Plansbe booked by the Users.
Spotgrapher.com does not provide any photography services. Photography services are provided by Photographers, who are not employees of Spotgrapher.com. Spotgrapher.com acts solely as a Platform that offers the Photographer the possibility to use this online platform to market their services. The contract for photography services is formed between the Photographer and the User.
The Photographer declares that they hold all the permissions and authorizations necessary to provide photography services (if such permissions and authorizations are required by the applicable law). Alternatively the Photographer declares, that they are legally allowed to provide photography services on occasional basis (not as a businessperson) if this is allowed by the applicable law.
The reservation and non-binding consultation are made by sending the “reservation form” in the photographer's profile. All other details related to the photo session are sorted and specified by email. The user is invited to pay through a payment method once all the details of the photo session have been clarified. The binding reservation is made after receiving payment from the User. Spotgrapher.com will be responsible for the payment (paid through the payment method) for the photo session on behalf of the Photographer. Spotgrapher.com maintains a previously agreed commission rate of the price paid by the User after Spotgrapher.com receives photos from the Photographer. The rest of the amount is transferred (payment) to the photographer's PayPal account.
Spotgrapher.com will take over the payment (paid via payment gateway) for the photo shoot on behalf of the Photographer.
The photographer will provide a Spotgrapher with your business name, business ID, business address, Spotgrapher will issue an invoice for the use of the photographer's platform after the photo session and the invoice that will be sent to the photographer and the user. The invoice for the provision of the photography service will be issued to the User by the Photographer.
We do not guarantee that the photographer you select to start the non-binding reservation is available for your date / time / location of your photo shoot. In this case, we will suggest another Photographer, but you are not obliged in any way to book this recently suggested Photographer.
Please note that an additional travel fee may apply if you want the photo session to take place outside the city center (we will always notify you in advance). The additional rate also applies to some locations on our destination list. The user is always informed about said travel rate before booking the photographer.
If you cannot attend the photo session, contact us as soon as possible and we will do our best to reorganize the date of the photo session; however, we cannot guarantee that the photographer is available at another date / time.
If the photo session is canceled due to the photographer's fault, we will fully refund it. Please note that we will always try our best to reschedule your photo session so there is no need for cancellation charges.
Notification of cancellation by the User:
- More than three days before the scheduled photo session: 20% administration fees.
- Less than three days before the scheduled photo session: 50% cancellation fee.
- Day before the photo session and less: no refund.
Spotgrapher.com is not responsible for and will not refund any additional fees that your bank / card provider charges the customer for receiving the refund specified above.
Spotgrapher shows prices in US dollars. We have no control over the exchange rates established by the banks and we are not responsible for the exchange rates used by the payment method.
DELIVERY OF PHOTOS
We will send a link by email where you can access your gallery, it will be sent to the email you sent to the reservation form. The photographer makes the final selection of the photos (number of photos specified in the selected package). After your photo shoot, we will send your photos no later than 48 hours. RAW files are never delivered to the client. If there are more great photos than those specified in the package you bought, we will send the user a gallery with a watermarked preview of the best photos. The user then makes his selection of photos specified in the package. The user can select more photos than those specified in the package. Each additional photo costs 9 USD. The user will pay for the additional photos once the selection is finished. The complete selection of photos is delivered to the client within 48 hours.
You have the right to use all photos delivered for personal and non-commercial use only. The user could for example print the photos, share them with friends, etc. The photographer retains the copyright of the photos. We will never sublicense your photos. We reserve the right to use the photos for promotional purposes on Spotgrapher.com, Spotgrapher's social media profiles, printed materials, etc. The photographer could use the photos in the same way that Spotgrapher does. The user can inform us at any time that he or she does not agree with such use and we would never use the photos in that way.
By booking the service the User agrees that they are familiar with the style of their chosen Photographer and agree to receive the photos in such style and quality. If there is any problem with the photo shoot the User can Spotgrapher.com immediately and the complaint will be handled as soon as possible. Spotgrapher.com will do its best to resolve the issue. Spotgrapher.com has no control over vis maior, extraordinary circumstances and weather conditions. The photo shoots can take place in any weather conditions since the Photographers are professionals and can suggest locations where it is possible to shoot in the rain, snow, etc. Sometimes rainy photo shoots are even more original, extraordinary and interesting than traditional “sunny days” photo shoots. However Spotgrapher.com will try to rearrange (with no guarantee) the day and time of the photo shoot if there is a bad weather forecast for the day of the photo shoot.
Payment is not refundable because of bad weather.
It is Spotgrapher.com’s highest priority to protect all the data provided by Users. Spotgrapher.com will never license or sub-license any data collected from Users with regards to the usage of the plaftorm. By submitting a booking form the User agrees that Spotgrapher.com will collect some of their personal data, such as name, email, telephone number,etc.. Such data will be used solely in connection with the handling of their booking, photo shoot and delivery of the photos. Personal data collected from the User will be collected for an indefinite period of time. The User is entitled to revoke their consent regarding the usage and collection of their data at any time. In such case Spotgrapher.com will remove their data from the database immediately.
GOVERNING LAW These Terms and Conditions and the provision of Spotgrapher.com services shall be governed by the current law of Buenos Aires, Argentina. Any dispute arising out of these Terms and Conditions and Spotgrapher.com’s services shall exclusively be submitted to the competent local authorities. These terms apply to all bookings starting from February 2019. If you have any questions about these Terms and Conditions, please contact us at firstname.lastname@example.org.