Terms of Service

Terms of Service

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.

2. You can view the current version of the Terms of Service at any time at https://ecomphotoboost.com/terms-of-service

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.

INTRODUCTION

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.

CLIENT’S USAGE

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 info@ecomphotoboost.com and we can discuss terms of such an agreement.

REQUEST FORM

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

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.

APPROVAL POLICY

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.

REVISIONS

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.

If the Photographer has reshot and/or retouched an image twice and the Client and Photographer still disapproves of the image or does not meet the specifications on the request form, then the Photographer and the Client will work together to find a solution, which may include a complete refund of the purchase price.

If the image cannot be revised to the Client’s approval using retouching, then the Photographer reserves the right to reshoot the image either as a complimentary service or charge the Client for the reshoot.

The download and use of any image used by the Client constitutes approval and will no longer be eligible for any complimentary retouching or reshoots.

All revisions must be completed within seven (7) calendar days of initial sample delivery.

ADDITIONAL REVISIONS

Any additional revisions desired by the Client after Client approves final photos or revisions that are not eligible for a complimentary reshoot and/or retouching, is subject to an hourly charge of $50 per hour.

UNEDITED PHOTOS/PHOTO POLICY

Client agrees that unedited photos, RAW files, and/or Photoshop files will not be shared with the Client as part of the photography package. Client agrees that unedited photos, RAW files, and/or Photoshop files can be purchased for $450 each and any edits made by anyone other than ECOM Photo Boost will no longer be represented as the work of ECOM Photo Boost. Client agrees not to post or otherwise share unedited photos, RAW files, and/or Photoshop files.

All outtakes and unedited photos are the property of ECOM Photo Boost and are not to be shared, distributed or posted under any circumstances.

PRODUCT CONDITION

The Photographer is not responsible for any damaged product appearing in the finished photos. The Client will be contacted by the Photographer if the product is in poor condition to advise shipment of another unit, but it is ultimately the Client’s responsibility to make sure the product is delivered to ECOM Photo Boost in the way you would like it to be represented in the finished photos. The Photographer is not responsible for any damage, imperfections, or any other factors in regards to the physical condition of the product other than the quality of the photographs.

PAYMENT AND PACKAGES

Client may not downsize to a smaller package after Client has paid for that package; However, Client may upgrade to a larger package at any time. Separate charges will apply for the specified package.

MULTIPLE LIFESTYLE SHOOT LOCATIONS

Pre-built photography packages include one location for the lifestyle shoot. This does not include shots that we can do in-house or on our property. This pertains to off-site locations where we have to transport equipment, set-up, and account for travel time and/or set location rental fees. There will be an additional $100 fee for each additional off-site location. This applies to pre-built photography packages as well as custom packages.

RETURN OF PRODUCT AFTER SHOOT

If you would like your product returned to you after the shoot, you must provide us with a pre-paid shipping label. This would preferably take place with the initial delivery of your product, but can be sent afterwards as well.

REFUNDS

If Client is not satisfied with the sample photos after the allotted amount of revisions, Client may be refunded the purchase price within seven (7) days of initial delivery of samples if the issue stems on the Photographers end.

Client will only be eligible for a refund if these conditions are met:

(a) Client has made this known to the Photographer once samples are sent;

(b) Client completed the request form before the product was received by the Photographer;

(b) Client depleted available revisions; and

If the Client chooses to re-shoot the photos for any reason, it will be considered as a new session and a new package will need to be purchased. In the event of an emergency, equipment failure or other unforeseen circumstance, the Photographer will return any money given up to that point but claims no further liability.

CANCELLATION FEES

Orders may be cancelled within 5 business days of purchase with no cancellation fee, but credit card processing fees will be deducted from refund.

If an order is cancelled after 5 business days after payment due to reasons outside of the Photographer's control, then the Client will be assessed a $75 cancellation fee and also charged the amount of the credit card processing fees associated with the order.

PRE-APPROVAL IMAGES

ECOM Photo Boost will not photograph different versions and allow the Client to choose which ones they want. The number of photos and request must be specific at the time of purchase and on the request form.

Pre-Approval images are photos taken after receiving requests from the Client and provided for approval before proceeding with the rest of the order. This is not allowed because it takes a great amount of time to set up and edit the photos and this hinders the productivity of our business because your order must be placed on hold while waiting for your approval.

TIME FRAME

To keep organized and conserve space, Client’s photos/videos/files may be deleted or unavailable 30 days after the files have been delivered, and Client waives any and all claims against ECOM Photo Boost for the unavailability of such photos. Therefore, it is recommended that Client finalizes the revisions as soon as possible.

EARNINGS DISCLAIMER

Client agrees that ECOM Photo Boost is not, in any way, responsible for product sales after a photography package is purchased and/or delivered. No increase of sales is guaranteed and the Client agrees to release ECOM Photo Boost of any liability of sales volume.

WAIVER AND INDEMNIFICATION

Client and it’s agents, family members and assignees, if any, shall indemnify, and hold harmless, ECOM Photo Boost and its employees from any and all claims for damages arising out of the performance of any of the services contemplated by this Agreement with the exception of intentional or illegal acts.

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