DEFINITION OF TERMS
1. By placing an order through this website, you (sometimes referred to as “Client” or “the Client”) are agreeing to commission ECOM Photo Boost (sometimes referred to as “we” or “us” or “Photographer” or “the Photographer”) to create and deliver photography services, images, and/or video to you and you are agreeing to be bound by the following terms and conditions (“Terms of Service”). The services offered by ECOM Photo Boost under the Terms of Service include various photography services including images, digital files, and videos and their respective files.
3. ECOM Photo Boost reserves the right to update and change the Terms of Service by posting updates and changes to www.ecomphotoboost.com
and we advise you to check the Terms of Service for any changes that may apply to you.
4. By placing your order with ECOM Photo Boost, you acknowledge that you have read, agree, and accept all of the terms and conditions contained in this Terms of Service agreement.
5. For purposes of these terms “Request Form” refers to the form completed by the Client to give the Photographer direction in regards to camera position, lighting, product position, number of items per shot, shot distance, product rotation, and camera height.
If Photographer cannot perform this agreement in whole or in part due to a cause beyond the control of the parties, changing of details that no longer fit with the Photographer’s originally agreed upon terms or due to Photographer’s illness or injury, then ECOM Photo Boost will return all fees to the Client(s) but shall have no further liability with respect to this Agreement. This is the parties’ entire agreement on this matter, superseding all previous negotiations or agreements.
Unless otherwise specified, it is understood that any and all rights and/or copyrights to digital files thereof shall remain the property of ECOM Photo Boost and may only be used on Client’s E-Commerce Platform (Amazon, Shopify, WooCommerce, etc) and any other online publications and/or advertisements related to said product. This applies only AFTER a photography package is purchased and final edits have been delivered by the Photographer. Samples are NOT permitted to be used via download, screenshot, or otherwise shared under any circumstances.
ECOM Photo Boost retains the right to use images and/or videos on its website and/or portfolio or any promotions and advertisements to promote ECOM Photo Boost.
Once final edits are delivered, the Client is granted a comprehensive, perpetual, worldwide license to use all content, royalty-free, on their E-Commerce Platform (Amazon, Shopify, WooCommerce, etc) and any advertisements and/or promotional material directly related to the product.
The Client agrees to not re-license or sell ownership and/or license to anyone else, whether an individual, business, or corporation. This includes reselling the images and placing them on a stock photography website for profit. This is a violation of this agreement and may result in legal action on behalf of ECOM Photo Boost.
If the Client is a manufacturer of a product, they may allow their retailers to use the images to promote sales of the product. If you are a wholesale distributor, then you may allow your retailers to use the images.
If you are a retailer and would like the manufacturer to be able to use the images, they will also be granted an unlimited, worldwide, royalty-free usage license to use the images to promote their products on their website and/or any promotions or advertisements.
ECOM Photo Boost does not currently transfer copyrights of any images, files, or videos, but if that is something the Client is interested in, send us an email at firstname.lastname@example.org and we can discuss terms of such an agreement.
Once a package is purchased from ECOM Photo Boost, the Client will complete and return a request form detailing their specifications for each photo. The Photographer will use this form to customize photos to the Client’s requests.
Show us exactly how you want your image to look, and if it doesn’t meet those requests, we will absolutely reshoot it, free of charge. Give us examples of lighting, angles, arrangement, shadows/reflections and even sample photos taken with your phone. BE AS SPECIFIC AS POSSIBLE.
If the Client does not tell us how they want the image(s) to look, then the Client waives the right to give suggestions for the styling of the images and will be ineligible for any complimentary reshoots and/or retouching.
To put it bluntly, we are not mind readers. We won’t know what you want it to look like if you don’t tell us.
Should the Client not return the request form before the product is received by the Photographer, then styling of the photos will be at the Photographer’s discretion and the Client will not be eligible for a refund. Under this circumstance, the Client will be allowed allotted amount of revisions for editing, but will be ineligible for a reshoot.
RECEIVING YOUR PHOTOS
For photography packages, allow up to five (5) business days from the date the Photographer receives the product to receive your files. For any package including a product video, allow up to seven (7) business days from the date the Photographer receives the product to receive your files and/or video. This time frame is subject to change and Client agrees that ECOM Photo Boost is not held liable if delivery takes longer than initial time frame. CDs and/or Flash Drives are not available through ECOM Photo Boost. All files will be sent digitally through Google Drive, Shoot Proof, or email and will be made available for download.
Samples are not the final product and should only be used as a reference for the photos to choose for retouching. Samples are not a final product and may not be posted online for any reason. The posting of a sample photo online in any place will result in a breach of contract.
Before final edits are delivered, an approval form will be sent to the Client via SignNow where the Client will read and sign the document approving all samples and releasing ECOM Photo Boost of any future complimentary edits. Failure to respond for any reason within 30 days will result in the images being automatically approved.
Once an image is approved by the customer, then no further refunds can be issued. Complimentary reshoots, retouching, or changes are not required but can be completed at the discretion of the Photographer.
Once Client receives the sample photo(s), they will be allowed a certain amount of revisions, per package (1 revision for tier 1 packages, 3 revisions for tier 2 packages, and 5 revisions for tier 3 packages). A revision is defined as any changes requested after the sample(s) is/are delivered. In order for a revision to count as one (1) revision, all requested revisions must be submitted at the same time. If the Client requests a revision for one photo after a revision for a separate photo is delivered, that will count as two (2) revisions.
Revision fees will be waived only if specifications on request form are not met. If client did not specify a specific angle, lighting setup, environment for lifestyle shoot, etc. then the client will not be eligible for a reshoot. The Photographer will attempt to improve the photo through retouching, but will not be liable to reshoot the image.