Terms

Terms & Conditions

  • All prices exclude GST and covers our time & expenses.
  • Additional travel, onsite, studio and editing time is charged at $80+GST/hr or part thereof.
  • Payment must be made within 30 days of the date of invoice.
  • Additional design & editing is charged at our hourly rate or part thereof.
  • If you’re unhappy with our footage captured by us we will reshoot and edit at no cost providing the circumstances were within our control.
  • All creative design work and all footage including audio, images, video captured is copyrighted to WebFolio Limited.  To use our design work and footage you must have our express permission to do so or make payment for the work we’ve done.  If you use our work without permission or fail to make payment you are in breach of this copyright.
  • It is our company policy to forward all bad debts on to our debt collection agencies in order to recover them.
  • All UAV operations include the minimum health & safety risk assessments required and suitable for they type of operation including and must follow all CAA rules. laws & bylaw that apply for that location.
  • Due to ever changing weather patterns we reserve the right to postpone UAV operations until it is safe to fly.
  • All UAV operations are covered by public liability insurance.
  • UAV pilots must abide by the regulations set by the Civil Aviation Authority of New Zealand, laws & bylaws that apply for that location.

Terms & Conditions Of Engagement

  1. LICENCE GRANTED TO CLIENT
  • The copyright in all Photographic/Videographic/Design Works resulting from the remains the property of WebFolio Limited.
  • WebFolio Limited does not accept commissions to create Photographic/Videographic/Design Works.
  • WebFolio Limited and the Client have agreed by these standard terms to override section 21(3) of the Copyright Act 1994.
  • WebFolio Limited grants the Client a non–exclusive Licence to use those parts of the Photographic/Videographic/Design Works selected by the Photographer/Videographer/Designer/Designer and presented to the Client, however this Licence does not include the right to copy, reproduce or publish the Photographic/Videographic/Design Works or any part of the Photographic/Videographic/Design Works. The Client may license any or all of the Photographic/Videographic/Design Works from WebFolio Limited’s selection.
  • The Client acknowledges that the purpose of the creation of the Photographic/Videographic/Design Works includes the right of WebFolio Limited to:

(a) Enter the Photographic/Videographic/Design Works into photographic competitions or awards and for their use in any material published in connection with promoting those competitions or awards; and

(b) Advertise or otherwise promote WebFolio Limited’s Work; and

(c) Submit the Photographic/Videographic/Design Works for display at art galleries or other premises; and

(d) Use the Photographic/Videographic/Design Works for any other purpose within WebFolio Limited’s business activities.

  1. CONDITIONS OF LICENCE
  • This Licence to use, and the right to use, the Photographic/Videographic/Design Works comes into effect from the date of delivery providing full payment is to be made with 30 days of invoice of the Order, except where WebFolio Limited gives express written permission.
  1. MORAL RIGHTS
  • WebFolio Limited asserts his or her moral rights in respect of the Photographic/Videographic/Design Works and any reference to the Photographic/Videographic/Design Works shall be accompanied by full attribution to the Photographer/Videographer/Designer in a form to be approved by the Photographer/Videographer/Designer.
  1. PRIVACY AND PERSONAL INFORMATION
  • WebFolio Limited shall abide by the Privacy Act 1993 and shall take all practical steps to achieve privacy protection.
  1. PAYMENT
  • The Client shall pay WebFolio Limited within 30 days of invoice.
  1. INDEMNITY
  • The Client undertakes to indemnify WebFolio Limited for any loss, damage, or expense (including costs as between solicitor client basis) suffered or incurred as a result of any breach by the Client of these conditions or in recovering any moneys due and such loss, damage or expense shall be moneys due for the purposes of these terms and conditions.
  1. CANCELLATION OR POSTPONEMENT OF BOOKING
  • Where the Client cancels or postpones a Booking appointment, the Client must pay, at the WebFolio Limited’s discretion, the amounts that have already been invoiced or are due as outlined on the Booking agreement, regardless of whether the appointment is attended or not.
  • Where a booked appointment involves more than one person, it is the Client’s responsibility to ensure that everyone required arrives at the appointment on time.
  • Failure of any person to arrive at the appointment on time will result in, at WebFolio Limited’s discretion, cancellation or postponement. The Booking appointment and any fees paid prior to cancellation or postponement of the appointment are transferable to another person, as if it were the original person, as long as the Booking is similar and the date and time of the appointment are not changed.
  1. CLIENT CONFIDENTIALITY
  • The Client must advise WebFolio Limited as to whether any material or information communicated to him/her is of a confidential nature. WebFolio Limited will keep confidential material or information communicated to him/her in confidence for the purposes of the photography, except where it is reasonably necessary to enable WebFolio Limited to carry out his/her obligations in relation to the Booking or Order.
  1. INDEMNITY FOR BREACHES OF INTELLECTUAL PROPERTY
  • The Client shall fully indemnify WebFolio Limited in respect of any claims, costs, or expenses arising out of any illegal or defamatory Photographic/Videographic/Design Works produced for the Client or any infringement of an intellectual property right of any person.
  1. FILES
  • The client will receive full resolution colour corrected files edited by WebFolio Limited. No RAW files would be given unless there is an agreement prior to the event.
  1. IMPORTANT NOTICE – CONSUMER GUARANTEES ACT 1993
  • The Consumer Guarantees Act 1993 may apply to the licensed Photographic/Videographic/Design Works provided by the Photographer/Videographer/Designer if the Client acquires those licensed Photographic/Videographic/Design Works for personal, domestic or household use or consumption. If this Act applies, nothing in these Standard Terms will limit or exclude the Client’s rights under this Act.
  • If the Client is acquiring the licensed Photographic/Videographic/Design Works for business as defined by the Act, then the Client’s rights are subject to these standard terms only and the Consumer Guarantees Act 1993 shall not apply. In this case the Photographer/Videographer/Designer may grant a separate licence under the Standard Terms for Commercial Photography. and any other meeting where the Photographer/Videographer/Designer has set aside specific time to meet with or do work for the Client.
  • Licence: Is a right granted by the Photographer/Videographer/Designer to the Client to use the copyright works of the Photographer/Videographer/Designer on the terms set out above.
  1. PHOTOGRAPHER/VIDEOGRAPHER/DESIGNER NOT LIABLE FOR LOSSES
  • Except as provided for by the Consumer Guarantees Act 1993 WebFolio Limited shall not be liable for:

(a) Any loss or damage arising by reason of any delay in the completion of the Photographic/Videographic/Design Works; or

(b) Any loss of profits; or

(c) Any indirect or consequential loss of whatever nature; or

(d) Any loss resulting from any errors or omissions arising from an oversight or a misinterpretation of a Client’s verbal instructions arising directly or indirectly from any breach by the Photographer/Videographer/Designer of any of its obligations under the Booking or Order or from any cancellation of the Booking or Order or from any negligence on the part of Photographer/Videographer/Designer.

  1. LIABILITY OF WEBFOLIO LIMITED LIMITED
  • WebFolio Limited’s liability to the Client for any and all costs, loss or damage suffered by the Client, however caused, arising out of or connected with the performance or failure of performance of photographic services by WebFolio Limited, except where provided to the contrary by the Consumer Guarantees Act, shall not exceed the full value of the payments made by the Client under the Booking and/or Order agreements.
  1. ORDER MAY BE TERMINATED ON NOTICE
  • Effective termination of the Order by the Client must be in writing and give reasonable notice to WebFolio Limited. The Client must compensate WebFolio Limited for all amounts due in accordance with the Order Agreement (including the proportion of the Order that has been completed at the date of termination). Upon receipt of such notice from the Client, WebFolio Limited must take immediate steps to bring the photographic services to a close.
  1. FORCE MAJEURE
  • Neither the Client nor WebFolio Limited shall be liable for any loss or damage arising directly or indirectly due to an act of God, fire, armed conflict, labour disputes, civil commotion, intervention of a government, accidents, interruption to transportation, weather or any other cause outside WebFolio Limiteds control.

DEFINITIONS

  • Photographic/Videographic/Design Works: Includes photographic prints, transparencies, negatives, digital images, video, audio, logos, graphics, web design created by WebFolio Limited.
  • Photographer/Videographer/Designer: Means WebFolio Limited and where the context requires may include, the studio, photographic company, employees or sub-contractors.
  • Client: Means the client who has engaged the services of WebFolio Limited .
  • Order: Includes an order placed by the Client for the production of Photographic/Videographic/Design Works, an invoice or statement.
  • Booking: Includes appointments made for a sitting, viewing and any other
  • meeting where the Photographer/Videographer/Designer has set aside specific time to meet with or do work for the Client.
  • Licence: Is a right granted by the Photographer/Videographer/Designer to the Client to use the copyright works of the Photographer/Videographer/Designer on the terms set out above.