TERMS AND CONDITIONS
Use of this site
These Terms & Conditions apply to each contract for the supply of photography services on or behalf of Words Are Not Enough A.B.N 54 104 812 479 (us) to any customer or any persons using this site (you). Users of this site agree to be bound by these Terms & Conditions, which are subject to change at our sole discretion. Your use of and access to this site indicates your acceptance of these Terms & Conditions as they exist at that time.
Photographs
In these Terms & Conditions picture includes a photograph, transparency, negative, digital scan or any like formats.
The entire copyright in the pictures is retained by us at all times.
We supply the technical and artistic ability to illustrate an idea photographically, and sell prints of those pictures. We retain ownership of the copyright and intellectual property in all pictures unless agreed otherwise in writing. Reproduction rights do not pass to you unless agreed otherwise in writing.
Turn Around
Turn around times for standard and newborn sessions is 3-4 weeks.
Turn around times for weddings is 5-6 weeks
Please take turn around times into consideration when booking your session.
Intellectual property
All intellectual property or content on this site belongs to us or our licensors, advertisers or affiliates. All content on this site is protected by Australian and international copyright and other intellectual property laws. You may not do anything which interferes with or breaches those laws or the intellectual property rights in the content.
You may view content or print a copy of written material on this site for personal, non-commercial use provided you do not modify the content in any way. All rights not expressly granted under these Terms & Conditions are reserved by us. Unless expressly stated otherwise, you are not permitted to copy, or republish anything you find on this site without our written permission.
Downloading, saving or printing of images on this site is not prohibited.
Trademarks may be displayed on this site from time to time. These may belong to third parties. Nothing displayed on this site should be construed as granting any license or right of use of any logo or trademark displayed on this site without the permission of the relevant owner.
Liability and indemnity
We do not warrant the accuracy of the content on this site. The content is provided to you as is and on an as available basis and on the condition that you undertake all responsibility for assessing the accuracy of the content and rely on it at your own risk. All content on this site may be changed at our discretion and without notice.
We will have no responsibility or liability in relation to any loss or damage that you incur, including damage to your software or hardware, arising from your use of this site.
We do not warrant that functions contained in this site content, such as hyperlinks, will be uninterrupted or error free, that defects will be corrected or that our server is free of viruses or bugs.
To the extent permitted by law, all other representations, conditions or warranties, whether based in statute, common law or otherwise are excluded. Our liability for any breach of a term or condition implied by law is limited at our discretion, to the supply of any service again or the payment for the cost of having any service supplied again.
You indemnify us and our affiliated companies, and each of their directors, officers, employees and agents against any action, claim, loss or expense which it incurs which arises from your use of this site.
Third party content and links
This site may include third party content which is subject to that third partys terms and conditions of use. Nothing on this site should be construed as granting any license or right for you to use that content.
This site may include links to third party sites which are not related to us. The appearance of those links on this site does not indicate any relationship between us and that third party or any endorsement by us of that third party, its site or the products or services which it is advertising on this site.
Models
We are not a modelling agency. Any persons you may incidentally meet either directly through us or by using this site who are models, or are agents or representatives of models, is for your convenience only. We will be in no way liable or responsible for any dealings between you and those third parties.
Fees and expenses
Except where we agree to charge for our services on another basis, our fees are:
Non-refundable deposit of 20% for each engagement with us;
Photography services of $80 per hour
You may offer to sell you prints of the photographs we have taken on your behalf at a price agreed by the parties.
Payment
Weddings - 20% non-refundable deposit must be made before your booking is confirmed. Full payment required 4 weeks prior to Wedding date either by cash or direct deposit.
Newborns - Session fee payable at session. Cost of chosen prints/products are due 7 days from invoice. Invoice is a binding contract and can not be changed once printed.
Families and Other - $40 non-refundable deposit required to hold your session, balance payable at session. Cost of chosen prints/products are due 7 days from invoice. Invoice is a binding contract and can not be changed once printed.
For cancellations on client behalf, deposit is forifiet.
For rescheduled sessions on client behalf, deposit is carried over to new session. Valid for no more than 3 months from date of original session. After this a new deposit is required.
Minimum 48 hours notice required for cancellation or reschedule, exculding reschedule due to weather conditions.
Images and Copyrights
The photographs produced by Words Are Not EnoughPhotography are protected by Federal Copyright Law (all rights reserved) and may not be reproduced in any manner without Words Are Not Enough Photography's explicitly written permission. Upon final paymentby the client, the client has limited copyright ownership of the resulting images which may be used only for personal use and may not be copied, or reprinted without express permission of Words Are Not Enough Photography. This permission is included with high resolution discs , with which the owner may not re distribute the disc in any manner. The client must obtain written permission from, and compensate Words Are Not Enough Photography prior to the client, or it's friends/relatives publishing or selling images for profit.
Alterations
These Terms & Conditions may only be altered in writing signed by each party.
Relationship
Except where these Terms & Conditions expressly state otherwise, it does not create a relationship of employment, trust, agency or partnership between the parties.
Governing law
This agreement is governed by the law of South Australia and each party irrevocably and unconditionally submits to the nonexclusive jurisdiction of the courts of South Australia.
