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Terms and Conditions

GENERAL PROVISIONS

These Terms and Conditions (“Terms”) govern the use of the online platform Locagrapher.com (also “Platform”). These Terms apply both to clients (also “Users”) and to photographers. There is an additional document (“Terms and Conditions for Photographers”) that needs to be agreed by the Photographer before the photo shoot.

Your access and use of the Platform constitutes your agreement to be bound by these Terms, which establishes a contractual relationship between you and Spotgrapher.com. If you do not agree to these Terms, you may not access or use the Platform.
– “User” means client who is interested in photo session
– “Photographer” means independent provider of photography services

www.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.

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 his/her services. The contract for photography services is formed between the Photographer and the User.

Photographer declares that he/she holds all the permissions and authorisations necessary to provide photography services (if such permissions and authorisations are required by the applicable law), alternatively Photographer declares, that he/she is legally allowed to provide photography services on occasional basis (not as a businessperson) if this is allowed by the applicable law.

The non-binding booking and inquiry is made by sending the “booking form” on the profile of Photographer. All other details regarding the photo shoot are then arranged and specified via emails. User is invited to pay via payment gateway after all the details of the photo shoot are cleared. The binding booking is made after receiving the payment from User.

Spotgrapher.com will take over the payment (paid via payment gateway) for the photo shoot on behalf of the Photographer. Spotgrapher.com keeps previously agreed commission fee from the price paid by User after Spotgrapher.com receives photos from the Photographer. The rest of the amount is transferred (payout) to photographer’s PayPal account. Spotgrapher.com is not responsible for and will not reimburse any additional fees charged to Photographer by PayPal for receiving such payment.

Photographer will provide Spotgrapher with his/her business name, business ID, business addres. Spotgrapher will issue invoice for using the platform to the Photographer after the photo shoot and the Bill that will be delivered to the Photographer and to the User. Invoice for providing photography service will be issued to the User by the Photographer.

will suggest you another Photographer but you are not obliged in any way to book this newly suggested Photographer.
Please note that additional travel fee may apply if you want the photo shoot to happen outside of the city centre (we will always notice you in advance about this). Additional ravel fee is also applicable to some locations from our list of destinations. The User is always informed about such travel fee before booking the photographer.

CANCELLATION POLICY
In case you will not be able to attend the photo shoot please contact us as soon as possible and we will do our best to rearrange the date of photo shoot however we cannot guarantee that Photographer would be free on other date/time.
If photo shoot is cancelled due to Photographer’s fault, we will fully refund you. Please note that we will always try to do our best to reschedule your photo shoot so there will be no need for cancellation fees.
Notification of cancellation from the User:
– More than three days before the scheduled photo shoot: 20% administration fee.
– Less than three days before the scheduled photo shoot: 50% cancellation fee.
– Day before the photo shoot and less: no refund.
Spotgrapher.com is not responsible for and will not reimburse any additional fees charged to the client by his/her bank/card provider for receiving above specified refund.

PAYMENT POLICY
Spotgrapher shows prices in USD.
We do not have any control over the foreign exchange rates set by banks and bear no responsibility for the foreign exchange conversion rates used by the payment gateway.

DELIVERY OF PHOTOS
We will deliver your photos via personalised, password-protected, online gallery. The link to this gallery will be send to you via email that you submitted to the booking form. Photographer makes the final selection of the photos (number of photos specified in the selected package). We will deliver your photos no later than 48 hoursr) after your photo shoot. RAW files are never delivered to the client.

If there are more great photos than number specified in the package that you purchased, then we’ll deliver preview watermarked gallery with all the good photos to the User. User then makes his/her selection of photos specified in the package. The User can select more photos than specified in the package. Each additional photo costs 9 USD. The user is will pay for additional photos once he/she finalizes the selection. Complete selection of photos is then delivered to the client no later than within 2 business days (according to Argentino).

COPYRIGHT
User has the rights to use all delivered photos for personal and non-commercial use only. User could e.g. print the photos, share with friends etc. Photographer retains copyright for 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. Photographer could use the photos in the same way as Spotgrapher does. User could inform us anytime that he or she does not agree with such usage and we would never use the photos in such way.

COMPLAINTS POLICY
By booking the service you agree that you are familiar with the style of your chosen Photographer and you agree to receive photos in such style and quality. In case of any problem with the photo shoot please contact Spotgrapher.com immediately so we could handle the complaint as soon as possible. We will do our best to solve the issue.
We have no control over vis maior, extraordinary circumstances and weather conditions. Photo shoots could take place in any weather conditions since our Photographers are professionals and could suggest locations where it is possible to shoot in the rain etc. Sometimes rainy photo shoots are even more original, extraordinary and interesting than traditional “sunny days” photo shoots. However we will try to rearrange (with no guarantee) day and time of the photo shoot if there is bad forecast for the day of the photo shoot. Payment is not refundable because of the bad weather.

PRIVACY POLICY
It is our highest priority to protect all the data provided by Users to Spotgrapher.com. We would never licence or sub-licence any data collected from customers with regards to usage of Spotgrapher.com. By submitting booking form you agree that we will collect your personal data such as name, email, telephone number and other data that you submit to us. Such data will be used solely in connection with handling of your booking, photo shoot and delivery of the photos.
Personal data collected from you will be collected for indefinite period of time. You are entitled to revoke your consent with usage and collecting of your data at any time. In such case we will remove your data from the database immediately.

GOVERNING LAW
These Terms and conditions and the provision of Spotgrapher.com services shall be governed by the law of the Buenos Aires,Argentina. Any dispute arising out of these Terms and conditions and our services shall exclusively be submitted to the competent Argentinos.
These terms apply to all bookings starting from XXth February
2019.

If you have any questions about this Terms and conditions, please contact us at hello@spotgrapher.com.