Avo Photography Standard Terms And Conditions Of Service
1.1. “this Agreement” means these Standard Terms and Conditions of Sale as read with the Company’s Service contract;
1.2. “the Company” means Avo Photographic CC, including its associated and subsidiary companies, successors-in-title and assigns;
1.3. “the Client” means the party ordering the Service, alternatively the party to whom the Company is providing the Service;
1.4. “the Service” means the Service provided by the Company to the Client at the latter’s specific instance and request;
1.5. “Service contract” means the Company’s written hard copy Service contract that may exist in addition to these standard terms and conditions.
1.6. “Job” or “Project” means the Photography Services (a shoot and all activities required for image preparation and delivery) for which the Client commissions the Company.
2. This Agreement
This Agreement shall govern the provision of Services by the Company to the Client and will take precedence over any other terms and conditions which may be contained elsewhere. No variation to this Agreement will be valid unless recorded in writing in a single document and signed by both parties. The existence of this Agreement in electronic format only shall not deviate for any reason whatsoever from the validity of the terms and conditions contained herein.
3. Changes To This Agreement
The Company shall have the right at any time to change or modify the terms and conditions of this agreement, or any part thereof, or to impose new conditions, including, but not limited to, adding fees and charges for use. Such changes, modifications, additions or deletions shall be effective immediately upon notice thereof, which may be given by means including, but not limited to, posting on AvoPhotography.co.za, or by electronic or conventional mail, or by any other means by which the Client obtains notice thereof. Any use of the Company and its Services by the Client after such notice shall be deemed to constitute acceptance by Client of such changes, modifications or additions.
4. Family Portraits Sessions and Online Viewings Policy (non-Commercial Service only)
4.1. The voucher cost (R450) covers the Clients studio session and photographers time, no images are included with this amount.
4.2. The turnaround times after the shoot before images are ready for viewing is 1- 2 weeks, once ready the best images from the shoot will be presented electronically for viewing by the Client.
4.3. There is no obligation on the Clients side to purchase any images after the shoot. The cost per image is R205, the Client pays only for the images that he or she selects and orders.
4.4. Once an order is placed and payment has been received, the turnaround time for completion of images processing and touching up is 2 – 3 weeks.
4.5. Once processing is complete the final images (both high resolution and low resolution format) will be delivered electronically for download.
5. Credit Facilities
5.1. The Client acknowledges that the granting of any credit or credit facilities to it by the Company is in the sole discretion of the Company.
5.2. The Company reserves the right to suspend or withdraw the Client’s credit facilities at any time and acknowledges that the Company can call for payment of the full outstanding balance in such circumstances.
5.3. The Company also reserves the right to amend or alter existing terms of credit between the Client and itself.
6. Orders For Services
6.1. The Company shall be entitled to insist on a written order being received from the Client from time to time in the Company’s discretion.
6.2. Any order received by the Company, whether orally or in writing, shall constitute an irrevocable offer to purchase the Services on the terms and conditions pertaining to each transaction.
7. Client’s Compliance
7.1. The Client acknowledges that it is imperative for it to comply with all prevailing laws and regulations relating to the Service.
7.2. In particular, the Client will not abuse the copyright laws and common laws usage regulations affecting the use of the Service for any reason whatsoever.
7.3. The Client acknowledges that should it, for any reason whatsoever, have been the cause, either directly or indirectly, of a breach of the laws and regulations pertaining to the utilisation by the Client of the Service, the Company shall have the right to recover whatever damages it may suffer directly from the Client.
7.4. The Client is responsible for all use of The Client Online Account (under any screen name or password) and for ensuring that all use of The Client’s Account complies fully with the provisions of this Agreement. The Client shall be responsible for protecting the confidentiality of The Client password(s), if any.
8.1. The Company’s prices will be set out on its quotations either in writing or verbally given to Clients.
8.2. The Company reserves the right to change the prices of the Service from time to time in its discretion. The current Standard Rates will be made available upon request.
8.3. The Company reserves the right to vary any quoted price by adding thereto increased costs which need to be levied due to circumstances beyond the Company’s control, for example changes to original brief from the Client or fluctuations in the exchange rate of the Rand in the case of international Clients.
9.1. The Client shall effect payment for the Services to the Company strictly within the period specified by the Company in its invoice and/or statement. All Client accounts are on a strictly COD basis unless otherwise agreed upon in a successful credit application.
9.2. The Client will be liable to pay the Company interest should any sum be paid late.
9.3. Such interest will be levied at the prime lending rate charged from time to time by Standard Bank plus 2% (two percent).
9.4. The Client shall not be entitled, for any cause whatsoever, to withhold, deduct from or defer any amount due by it to the Company.
10. Delivery Of Service
10.1. The Company undertakes to take all necessary reasonable steps to ensure the provision of the Service to the Client expeditiously and continuously.
10.2. However the Company points out that due to the nature of the Service, interruptions and delays in the provision thereof can and do occur and any such delay or failure to provide the Service will not constitute a breach of these terms and conditions on the part of the Company. The Client will be liable to effect payment thereof regardless.
10.3. The Client shall be responsible for organising all items, equipment and persons required for any job or project and all charges related thereto which have not been specifically quoted for by the Company.
10.4. Confirmation of a shoot date constitutes acceptance of a quotation and commissioning of Photography Service by the Client from the Company. All Services are subject the Standard Terms and Conditions contained in this document.
10.5. Fees for Service and Deliverables to be provided by the Company are detailed in the quotation from the Company. No additional Services or Deliverables are implied unless specified on the quotation. Standard turnaround times as detailed in the quotation apply to all jobs, a surcharge may be applied for urgent delivery.
10.6. Should a Job be cancelled due to circumstances beyond the Company’s control and not due to any fault on the side of the Company a cancellation fee will be invoiced for. A cancellation fee of 60% of quoted amount will be charged for any shoot that is cancelled or moved less than 24hrs before the confirmed shoot date and time. A cancellation fee of 100% of quoted amount will be charged for any shoot that is cancelled once the photographer is already on site.
11. Ownership And Risk
11.1. The Client acknowledges that ownership in and to all of the intellectual property which is provided to the Client in providing the Service is owned by the Company.
11.2. The Company is entitled to take all reasonable steps to protect such intellectual property against infringement even if this involves jeopardising the provision of the Service to the Client.
12.1. The Company does not warrant that the Service will provide the Client with the exact form of performance the Client may have required.
12.2. The Client acknowledges again due to the nature of the Service that the capacities and scope of the Service might fall short of the Client’s requirements but same shall not give rise to the Client having any right to withhold payment.
13.1. Notwithstanding that the Company is providing the Service to the Client, the latter shall not be entitled to transfer or otherwise deal in the Service or its end product with third parties.
13.2. The Client shall not attempt to copy, replicate or otherwise take advantage of the Service or its end product to the benefit of third parties.
14. Confidential Information
The parties acknowledge that during the provision of the Service, confidential information may be exchanged between them and each of them acknowledge the existence of such confidential information and undertake to keep same confidential.
15. Limitation Of Liability
The Company will not be liable for any loss or damage of any nature and howsoever arising which may be suffered by the Client as a result of or in connection with the utilisation of the Service by the Client, whether indirect, consequential, delictual or otherwise.
If the Client breaches any provision of this Agreement, the Company shall be entitled to terminate the Agreement and to suspend the provision of the Service with immediate effect.
17. Force Majeure
The Company will not be liable to the Client for failing to perform any of its obligations in terms of this Agreement as a result of an act of God or any cause beyond its control.
18. Legal Provisions
18.1. This Agreement and all transactions between the Client and the Company shall be governed by and construed in accordance with the laws and regulations of the Republic of South Africa.
18.2. The South African Courts will have exclusive jurisdiction to adjudicate any dispute arising from or related to this Agreement.
18.3. The Company shall, at its option, be entitled to institute action in the Magistrate’s Court notwithstanding that the amount of its claim exceeds the jurisdiction of such Court. This provision shall not preclude the Company from instituting action against the Client in any other competent Court with jurisdiction.
18.4. A certificate issued by any manager or director of the Company, whose authority, appointment and signature it shall not be necessary to prove, that purports to certify any indebtedness of the Client to the Company, provision of the Services to the Client, or any other fact shall constitute prima facie proof of such indebtedness or delivery or the Company’s ownership or any other fact.
18.5. The Client shall be liable for the Company’s legal fees in the event of the Company enforcing or defending its rights hereunder on an attorney and own client scale, including Counsel’s fees on brief, tracing agent’s fees and collection charges.
The Client chooses its physical address as set out in the account information supplied on its credit application or given on the Clients website in the case of COD Clients as its domicilium citandi et executandi for all purposes under this Agreement. The Client may change its domicilium by furnishing the Company with 7 (seven) days written notice of its new physical address.
20.1. This Agreement constitutes the entire agreement between the parties. No party shall be entitled to rely upon any term, warranty, guarantee, condition or representation, unless it is contained herein.
20.2. No amendment of this Agreement and extension of time, waiver or relaxation of any of the provisions of this Agreement shall be binding, unless recorded in a single document signed by both of the parties.
20.3. No relaxation or indulgence shall prejudice or be deemed to be a waiver of any of the Company’s rights hereunder.
20.4. Each provision of this Agreement is severable, the one from the other. If any provision is found to be defective, unlawful or unenforceable for any reason, the remaining provisions shall continue to be of full force and effect.
20.5. The rule of construction that this Agreement be interpreted against the party responsible for drafting this document shall not apply.
20.6. Provisions in this Agreement that by their very nature are intended to survive the termination, cancellation or completion of a sale shall survive such termination, cancellation or completion.
Last Updated on: 28 April 2010
Avo Photographic CC
Reg No: 2006/094994/23
VAT No: 4450247764
BEE Status: Exempt Micro Enterprise
Physical address of office: 57 Buckingham Ave Craighall Park Johannesburg
Registered business address: 139 Oxford Road Parkwood 2193
Postal address: PO Box 5911 Weltevreden Park 1715
Tel: 0861-234-286 or 011-880-7849