Terms and Conditions for All Photography or Videography Services or Goods

Terms and Conditions for all Photography Goods & Services by Phoenix Headshots

The following terms and conditions are an outline of the general terms and conditions for all photography services provided by Phoenix Headshots.

These apply for all types of services provided, be they video, photography, prints, etc.

Copyrights

Phoenix Headshots retains all rights of creation for all services, video and photography provided at all times and in perpetuity in accordance with the rights granted creators under copyright law.  This includes rights to use for promotional use in portfolios, resale, or right to transfer rights, in part or whole.

Certain limited rights are provided our clients based on the rights purchased or negotiated with any package or separately.  For example, business use licenses include the right to use a headshot for personal or business promotions on web, business cards, literature, etc.  Business rights do not include annual report use or bill board use rights.  Business rights do not give rights to resell the images.  Consult a copyright attorney for any legal questions on copyrights, which is large body of law and is subject to revision and may vary state to state.

Your invoice will detail rights purchased.

Additional rights may be purchased on a negotiated fully paid basis where desired and agreed.

Prevailing Law

Arizona Law and Phoenix, Arizona venue will be the law and venue for any question which arise.

Deposits

Deposits are fully earned and non refundable when paid.

Deposit received retain or initiate or specify times of services or goods production or deliveries, etc.  Phoenix Headshots may forego other opportunities, may incur costs, may put time or preparations based on these authorized or received payments.  Once your deposit is approved by you and paid, it is relied on and effects Phoenix Headshots and so is non refundable.

With sufficient notice, and with the agreement of both parties, modifications may be made to exact services, times of service and deliverables with no or agreed upon reasonable and appropriate adjustments to fees.

Credit Card Payments

Any dispute of a credit card charge, after it has been authorized, will be reimbursed by the contracting party, personally, and by their corporate affiliates, plus any charges incurred by Phoenix Headshots in the pursuit of collections of the disputed amounts.  In addition, an administrative fee of $200 per occurrence, or 10% of the amount, which ever is larger, plus 10% after 90 days, and every 90 days there after, or the largest percentage allowed by law, will apply to any total balance, inclusive of all costs, will apply.  An hourly rate of $75 per hour for time to settle the dispute by Phoenix Headshots will apply after the first 2 hours, this includes preparations of documents, travel, etc.

Applicable Discounts

If there are multiple possible applicable discounts, only one (1) discount may be applied. Once services are contracted at an agreed rate, the rate will be considered to be the rate with no additional discounts to be applied. After 24 hours of a bill being settled, no further discounts will apply to settled or agreed amounts and the matter of discounts will be considered closed on the existing services contracted or performed.  Please ask for any discounts you may be entitled to at the time services are contracted or they may not apply at Phoenix Headshots sole discretion after a rate has been agreed.  In the case of multiple discounts being available, client will be entitled to the largest of discounts which may apply.

Under / Overcharges

In any case of under or overcharge discrepancy noticed within 10 business days of final invoice being sent or bill settlement being received, by each party respectively, requests may be made for adjustment to correct any discrepancies, if the amount exceeds at least $50.  Any total discrepancy below $50 will be written off by both parties.  In the case of a discrepancy exceeding $500, the period will increase from 10 days to 30 days to notify the other party to correct the matter.  In the case of agreed amounts for agreed services rendered, there will be no adjustments made vs standard pricing as any existing agreements will supersede any standard pricing.  This adjustment merely applies to clerical/accounting/under or over delivery issues.  An example of this might be for under or over billing hours of service, or number of clients served being under or over counted, or other numerical transcription errors onto the invoice and the like. Good faith is assumed to be the prevailing norm in these cases by all parties.  This does not apply in the case of items which have not been billed, for example, if there are bills coming in stages, sittings, then editing, then shipping, then printing, etc.  Thus, if bills keep coming in for items, each item may be billed separately as the items come up.  Each of these bills then are considered separate invoices under this provision.

Payment Terms & Late Fees

Fees are due as follows:

• DEPOSITS

  • Deposits are due when service is retained on site of invoice or by phone retainment of service or products as the case may be.   Service is not retained until the deposit is processed with good funds.

• Balances for Services

  • Due on performance of the service at site of invoice.
    • Photography service is considered performed when the photography is performed.  Image deliveries could follow performance of the photography portion after processing, editing or other reasons for a delay between performance of the service and the delivery.
    • Payment may be made when the service is performed or at site of an invoice if desired.  Delivery of the images may be delayed while a payment is pending for the service.

• Post Processing, Editing, Post Production

  • A deposit for editing may be required to initiate editing service.
  • Balance is due on approval of the edit on site of invoice.  The delivery of the edited images may be delayed while payments are processing.

• Late fees / Collections Fees

  • Any dispute, after it has been authorized, will be reimbursed by the contracting party, personally, and by their corporate affiliates, plus any charges incurred by Phoenix Headshots in the pursuit of collections of the disputed amounts.  In addition, an administrative fee of $200 per occurrence, or 10% of the amount, which ever is larger, plus 10% after 90 days, and every 90 days there after, or the largest percentage allowed by law, will apply to any total balance, inclusive of all costs, will apply.  An hourly rate of $75 per hour for time to settle the dispute by Phoenix Headshots will apply after the first 2 hours, this includes preparations of documents, travel, etc.
  • Any waver of failure to attempt to collect these amounts by Phoenix Headshots will not wave Phoenix Headshots rights to these amounts collections unless specifically agreed by Phoenix Headshots in sealed signed written form for a period of 2 years following the waver.

Pricing

All published pricings are subject to change or revision at sole discretion of Phoenix Headshots, without written notice, including on the website.  We have had to incorporate this policy due to the rapid and unexpected increases in pricing and costs for all sorts of supplies and services and the impracticality of keeping complex websites immediately updated.  Written quotes are valid only until revoked or 30 days passage, whichever comes first.  When in doubt, please ask for the lasted quote in writing.