These terms and conditions (the “Terms and Conditions”) govern the use of studio54photography.com (the “Site”). This Site is owned and operated by Studio54 Photography. This Site is a portfolio.
By using this Site, you indicate that you have read and understand these Terms and Conditions and agree to abide by them at all times.
THESE TERMS AND CONDITIONS CONTAIN A DISPUTE RESOLUTION CLAUSE THAT IMPACTS YOUR RIGHTS ABOUT HOW TO RESOLVE DISPUTES. PLEASE READ IT CAREFULLY.
Intellectual Property
All content published and made available on our Site is the property of Studio54 Photography and the Site’s creators. This includes, but is not limited to images, text, logos, documents, downloadable files and anything that contributes to the composition of our Site.
Accounts
When you create an account on our Site, you agree to the following:
- You are solely responsible for your account and the security and privacy of your account, including passwords or sensitive information attached to that account; and
- All personal information you provide to us through your account is up to date, accurate, and truthful and that you will update your personal information if it changes.
We reserve the right to suspend or terminate your account if you are using our Site illegally or if you violate these Terms and Conditions.
Sale of Services
These Terms and Conditions govern the sale of services available on our Site.
We are under a legal duty to supply goods that match the description of the good(s) you order on our Site.
The following services are available on our Site:
- Photography;
- Picture framing; and
- Prints.
The services will be paid for in full when the services are ordered.
These Terms and Conditions apply to all the services that are displayed on our Site at the time you access it. All information, descriptions, or images that we provide about our services are as accurate as possible. However, we are not legally bound by such information, descriptions, or images as we cannot guarantee the accuracy of all services we provide. You agree to purchase services from our Site at your own risk.
We reserve the right to modify, reject or cancel your order whenever it becomes necessary. If we cancel your order and have already processed your payment, we will give you a refund equal to the amount you paid. You agree that it is your responsibility to monitor your payment instrument to verify receipt of any refund.
Third Party Goods and Services
Our Site may offer goods and services from third parties. We cannot guarantee the quality or accuracy of goods and services made available by third parties on our Site.
Payments
We accept the following payment methods on our Site:
- Credit Card;
- PayPal; and
- Payments link.
When you provide us with your payment information, you authorise our use of and access to the payment instrument you have chosen to use. By providing us with your payment information, you authorise us to charge the amount due to this payment instrument.
If we believe your payment has violated any law or these Terms and Conditions, we reserve the right to cancel or reverse your transaction.
Right to Cancel and Receive Reimbursement
If you are a customer living in the United Kingdom or the Eurpoean Union you have the right to cancel your contract to purchase services from us within 14 days without giving notice. The cancellation period:
- Will end 14 days from the date of purchase when you purchased a service.
To exercise your right to cancel you must inform us of your decision to cancel within the cancellation period. To cancel, contact us by email at studio@studio54photography.com or by post at Bury Street, Ballina, Mayo, Ireland. You may use a copy of the Cancellation Form, found at the end of these Terms and Conditions, but you are not required to do so.
The right to cancel does not apply to:
- Goods or services, other than the supply of water, gas, electricity, or district heating, where the price depends upon fluctuations in the financial market that we cannot control and that may occur during the cancellation period;
- Services that the customer has requested for the purpose of carrying out urgent repairs or maintenance;
- Newspapers, magazines, or periodicals, except for subscriptions to such publications;
- Passenger transport services; and
- Accommodation, transport of goods, vehicle rental services, catering, or services related to leisure activities, if the contract includes a specific date or period of performance.
Effects of Cancellation
If you requested the performance of services begin during the cancellation period, you are required to pay us an amount which is in proportion to what has been performed until you have communicated to us your decision to cancel this contract. We will reimburse to you any amount you have paid above this proportionate payment.
We will make the reimbursement using the same form of payment as you used for the initial purchase unless you have expressly agreed otherwise. You will not incur any fees because of the reimbursement.
This right to cancel and to reimbursement is not affected by any return or refund policy we may have.
Consumer Protection Law
Where the Sale of Goods and Supply of Services Act 1980, or any other consumer protection legislation in your jurisdiction applies and cannot be excluded, these Terms and Conditions will not limit your legal rights and remedies under that legislation. These Terms and Conditions will be read subject to the mandatory provisions of that legislation. If there is a conflict between these Terms and Conditions and that legislation, the mandatory provisions of the legislation will apply.
Links to Other Websites
Our Site contains links to third party websites or services that we do not own or control. We are not responsible for the content, policies, or practices of any third party website or service linked to on our Site. It is your responsibility to read the terms and conditions and privacy policies of these third party websites before using these sites.
Limitation of Liability
Studio54 Photography and our directors, officers, agents, employees, subsidiaries, and affiliates will not be liable for any actions, claims, losses, damages, liabilities and expenses including legal fees from your use of the Site.
Indemnity
Except where prohibited by law, by using this Site you indemnify and hold harmless Studio54 Photography and our directors, officers, agents, employees, subsidiaries, and affiliates from any actions, claims, losses, damages, liabilities and expenses including legal fees arising out of your use of our Site or your violation of these Terms and Conditions.
Applicable Law
These Terms and Conditions are governed by the laws of Ireland.
Dispute Resolution
Subject to any exceptions specified in these Terms and Conditions, if you and Studio54 Photography are unable to resolve any dispute through informal discussion, then you and Studio54 Photography agree to submit the issue first before a non-binding mediator and to an arbitrator in the event that mediation fails. The decision of the arbitrator will be final and binding. Any mediator or arbitrator must be a neutral party acceptable to both you and Studio54 Photography. The costs of any mediation or arbitration will be paid by the unsuccessful party.
Notwithstanding any other provision in these Terms and Conditions, you and Studio54 Photography agree that you both retain the right to bring an action in small claims court and to bring an action for injunctive relief or intellectual property infringement.
Severability
If at any time any of the provisions set forth in these Terms and Conditions are found to be inconsistent or invalid under applicable laws, those provisions will be deemed void and will be removed from these Terms and Conditions. All other provisions will not be affected by the removal and the rest of these Terms and Conditions will still be considered valid.
Changes
These Terms and Conditions may be amended from time to time in order to maintain compliance with the law and to reflect any changes to the way we operate our Site and the way we expect users to behave on our Site. We will notify users by email of changes to these Terms and Conditions or post a notice on our Site.
Photography Services Terms and Conditions:
- Booking Deposit and Payment: When booking online, some services require full payment and others only require partial payment. The rest is due before or on the day of the photo shoot. No photos will be edited or featured until the entire session has been paid.
- Photographic Materials and Copyright: All photographic materials, such as original negatives, photos, RAW files shall be the exclusive property of the Photographer. The Photographer shall own the copyright in all images created and may use the work for samples, contests, exhibition, advertising and self-promotion. Usage outside the bounds of this agreement will require the Client’s consent.
- Client’s Usage: The Client is obtaining prints or digital files for personal use only, and shall not sell said prints or authorize any reproductions thereof by parties other than the Photographer. If Client is obtaining a print for reproduction, Photographer authorizes Client to reproduce the print only as set forth under Special Usage Requirements. In such an event, Client shall request that a copyright and credit notice for the Photographer be placed adjacent to the photograph on publication, but shall have no liability if the publication refuses or omits to do so.
- Social Media: This clause applies to all social media, including Facebook and blogs. When published online it is required that a citation of the photographer be made. The client agrees that they will under no circumstances alter any photographs that are placed in public on the internet. The client agrees to be responsible for any family member or friend who posts our photographs online and agrees that they cannot be cropped (with the exception of the forced cropping for Facebook’s Timeline), altered in colour, or edited in any way.
- Failure to Perform: If the Photographer cannot perform this Agreement due to a fire or other casualty, strike, or other cause beyond the control of the parties, or due to the Photographer’s illness, then the Photographer shall return any funds previously paid to the Client but shall have no further liability with respect to the Agreement. This limitation on liability shall also apply in the event that photographic materials are damaged in processing, lost through camera malfunction, lost in the mail, or otherwise lost or damaged without fault on the part of the Photographer. In the event the Photographer fails to perform for any other reason, the Photographer shall not be liable for any amount in excess of the retail value of the Client’s order.
- Permits: The Client is responsible for acquiring all permits and necessary permission for all locations on which the Studio 54 will be performing services.
- Archives: Studio 54 Photography keeps client files for up to 1 year after the photography session, and is not liable for any claims after this period. We reserve the right to keep only selective photographs.
- Liability: It is the client’s responsibility to take care of the children or pets; Studio 54 Photography
will not accept any responsibility due to any accident to children or damage to public or private properties during the photo shooting or consultation session. - Indemnification: The Client hereby agrees to indemnify and hold harmless Studio 54 Photography parties from all liabilities, losses, claims, costs (including attorney’s fees and court costs), damages or expenses of whatever nature that may result from injury to or death of persons, or damage, loss or destruction of property arising out of or in connection with the photography session or any products related thereto.
Contact Details
Please contact us if you have any questions or concerns. Our contact details are as follows:
Studio54 Photography
0860 727775 , 096 39904
studio@studio54photography.com
Bury Street, Ballina, Mayo, Ireland
You can also contact us through the feedback form available on our Site.
