photoExodus

Terms and Conditions

Welcome to photoExodus. If you continue to browse and use this website, you are agreeing to comply with and be bound by the following terms and conditions of use. If you disagree with any part of these terms and conditions, please do not use our website.

In using this website you are deemed to have read and agreed to the following terms and conditions:

The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and any or all Agreements: “Client”, “You” and “Your” refers to you, the person accessing this website and accepting the Company’s terms and conditions. “The Company”, “Ourselves”, “We” and “Us”, refers to our Company. “Party”, “Parties”, or “Us”, refers to both the Client and ourselves, or either the Client or ourselves. All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner, whether by formal meetings of a fixed duration, or any other means, for the express purpose of meeting the Client’s needs in respect of provision of the Company’s stated services/products. Any use of the above terminology or other words in the singular, plural, capitalization and/or he/she or they, are taken as interchangeable and therefore as referring to same.

Privacy Statement

We are committed to protecting your privacy. Only authorized employees within the company have access to on a need-to-know basis, any information collected from individual customers. We constantly review our systems and data to ensure the best possible service to our customers. We will investigate any unauthorized actions with a view to prosecuting and/or taking civil proceedings to recover damages against those responsible where necessary.

IP Address & User Activity

We collect your IP address, log data, and other related Information about how users access and use our site and services when submitting an order for processing. This Information may be used for several reasons, including to provide our services to you, to process your requests or orders, to help diagnose problems with our server, to administer our website, to help identify you or your shopping cart, to gather broad demographic Information, to investigate, prevent or take action against actual or suspected violations of this Privacy Policy or the Terms of Use, for other security purposes, and for other purposes as described in this Policy.

Cookies

Like most interactive web sites this Company’s website uses cookies to enable us to retrieve user details for each visit. Cookies are used in some areas of our site to enable the functionality of this area and ease of use for those people visiting. Some of our affiliate partners may also use cookies.

Confidentiality

We will not sell, share, or rent your personal information to any third party or use your e-mail address for unsolicited mail. Any emails sent by this Company will only be in connection with the provision of agreed services and products.

Disclaimer

Exclusions and Limitations

The information on this web site is provided on an “as is” basis. To the fullest extent permitted by law, this Company: excludes all representations and warranties relating to this website and its contents or which is or may be provided by any affiliates or any other third party, including in relation to any inaccuracies or omissions in this website and/or the Company’s literature; and excludes all liability for damages arising out of or in connection with your use of this website. This includes, without limitation, direct loss, loss of business or profits (whether or not the loss of such profits was foreseeable, arose in the normal course of things or you have advised this Company of the possibility of such potential loss), damage caused to your computer, computer software, systems and programs and the data thereon or any other direct or indirect, consequential and incidental damages. The above exclusions and limitations apply only to the extent permitted by law.

Links from this website

We do not monitor or review the content of other party’s websites which are linked to from this website. Opinions expressed or materials appearing on such websites are not necessarily shared or endorsed by us and should not be regarded as the publisher of such opinions or material. Please be aware that we are not responsible for the privacy practices, or content, of these sites. We encourage our users to be aware when they leave our site & to read the privacy statements of these sites. You should evaluate the security and trustworthiness of any other site connected to this site or accessed through this site yourself, before disclosing any personal information to them. This Company will not accept any responsibility for any loss or damage in whatever manner, howsoever caused, resulting from your disclosure to third parties of personal information.

Copyright Notice for photoExodus

Copyright and other relevant intellectual property rights exists on all text relating to the Company’s services and the full content of this website.

Copyright Notice for Clients

All photos submitted to photoExodus retain all the original copyrights attributed to the photographer and creator of the original image. photoExodus will not use, sell, or manipulate any photo for advertising purposes without prior written consent of the copyright owner.

Communication

We have several different e-mail addresses for different queries. These, & other contact information, can be found on our links on our website or via Company literature or via the Company’s stated telephone, facsimile or mobile telephone numbers.

Force Majeure

Neither party shall be liable to the other for any failure to perform any obligation under any Agreement which is due to an event beyond the control of such party including but not limited to any Act of God, terrorism, war, Political insurgence, insurrection, riot, civil unrest, act of civil or military authority, uprising, earthquake, flood or any other natural or man-made eventuality outside of our control, which causes the termination of an agreement or contract entered into, nor which could have been reasonably foreseen. Any Party affected by such event shall forthwith inform the other Party of the same and shall use all reasonable endeavors to comply with the terms and conditions of any Agreement contained herein.

Waiver

Failure of either Party to insist upon strict performance of any provision of this or any Agreement or the failure of either Party to exercise any right or remedy to which it, he or they are entitled hereunder shall not constitute a waiver thereof and shall not cause a diminution of the obligations under this or any Agreement. No waiver of any of the provisions of this or any Agreement shall be effective unless it is expressly stated to be such and signed by both Parties.

Notification of Changes

The Company reserves the right to change these conditions from time to time as it sees fit and your continued use of the site will signify your acceptance of any adjustment to these terms. If there are any changes to our privacy policy, we will update the date at the bottom of this page. You are therefore advised to re-read this statement on a regular basis.

Sample Images

The Free Trial offer photoExodus provides is for prospective customers to test our service before purchase. This Free Trial is limited to a maximum of 10 photographs per client, with the choice of either Standard Color, Custom Color or one or two images with our Retouching service. These files will be delivered as web quality JPEG files 1000 pixels wide, and will include a watermark. “Free Trial” photos are meant to be used only as a visual sampling of our services. To receive the complete full-size images, or XMPs the customer must purchase the respective editing service for these files.

Submitting Orders

If an order has been submitted via our website, and photographic files have been uploaded to our account, photoExodus will proceed to edit the files without question.

• By uploading your photos to us, and clicking the Submit and Upload button, you are thereby agreeing to all the terms in this document.

• It is solely the customer’s responsibility to read and verify the services which the client has requested before clicking the Submit and Order button, as well as any additional information included in the confirmation email from photoExodus after the order request has been submitted. Be Aware: photoExodus will commence work once we receive your order without question. Any incorrect information may lead to additional costs.

• It is the customer’s responsibility to ensure that the correct images are uploaded to us. If the customer uploads the incorrect images and the error is not corrected by contacting us before the start of any service to the images, the full charge will remain valid as if the correct images had been uploaded to us.

• At times the availability of the upload server client may occasionally become unavailable due to a surge in demand. photoExodus works to maintain free space on the server, but we cannot ensure completely error-free usability.

Archiving Finalized Files

Due to the need to free up storage capacity on our local machines, photoExodus does not guarantee the availability of XMP or photographic edits after 30 days of the original delivery date. It is the client responsibility to save these XMPs and edited files on their local disk before this 30 day mark to prevent the loss of edited files. If the customer is unhappy with the XMPs or edited files delivered to them, a request for changes must be made by email within 5 days of the delivery date for a change request to be accepted.

Payment

Accepted forms of payment are Visa, MasterCard or PayPal. Payment in full must be received within thirty days of purchase; otherwise a $25 late fee will be added to your invoice. We reserve the right to seek recovery of any monies remaining unpaid sixty days from the date of invoice via collection Agencies. In such circumstances, you shall be liable for any and all additional administrative and/or court costs. All bookings and/or transactions and agreements entered into will cease with immediate effect until such time as any and all outstanding monies are recovered in full.

Cancellation Policy

Orders may be cancelled within 24 hours of uploading your files to us, provided you notify us via email of the cancellation. Special circumstances may be granted cancellation beyond this 24 hour mark at photoExodus’s discretion dependent upon the extent to which our editors have already begun editing the photographs.

Termination of Agreements and Refunds Policy

Both the Client and ourselves have the right to terminate any Services Agreement for any reason, including the ending of services that are already underway. No refunds shall be offered, where a Service is deemed to have begun and is, for all intents and purposes, underway. Any monies that have been paid to us which constitute payment in respect of the provision of unused Services, shall be refunded. All orders provided must be reviewed within (5) days of receipt, within that timeframe if the client is unhappy with the results he or she must notify us via email and we will work with the client to correct the edits to the clients liking. Any requests for re-edits after that 5 day window will not be accepted. In the event the client wants a refund, the value of the order will be returned as credit to be used on future orders.

Availability

Unless otherwise stated, the services featured on this website are available Worldwide for Photographers of any profession. The Company does not warrant that the service from this site will be uninterrupted, timely or error free, although it is provided to the best ability. By using this service you thereby indemnify this Company, its employees, agents and affiliates against any loss or damage, in whatever manner, howsoever caused.

Governing Law and Jurisdiction

The Contract shall be governed and construed in accordance with the laws of Hong Kong. The Hong Kong Courts will have exclusive jurisdiction to deal with any dispute which may arise out of or in connection with the Contract.

These terms and conditions form part of the Agreement between the Client and ourselves. Your accessing of this website and/or undertaking of a booking or Agreement indicates your understanding, agreement to and acceptance, of the Disclaimer Notice and the full Terms and Conditions contained herein. Your statutory Consumer Rights are unaffected.

If you have any questions or comments, please contact us at info@photoexodus.com.

Last Updated: March 10, 2015