Tuesday, September 3, 2013

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Terms & Conditions

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PHOTOBOOTH

Terms:-
"You" means you, the client and your guests.
"We, EVE STUDIO" means us, EVE STUDIO (UT0004310-A), the service provider.
"Booking Form" refers to the online reservation Form contained on our website or any signed and printed version of this form.
"Loading" includes loading and unloading of all equipment.


Agreement to Online Terms and Conditions:-
In the event of any conflict, these Terms and Conditions shall be taken as 'those in place' and be taken as those in place over any other wording on our website. These may be changed by [EVE STUIO] without notice to you but Terms and Conditions must be in place for a minimum of 10 days prior to any event otherwise previous Terms and Conditions shall be deemed to apply to that event and therefore material to your agreement. Other terms or wording shall only be deemed to be agreed if so agreed in writing by [EVE STUIO]  and you.
These Terms and Conditions will remain in place on the website and can be accessed by you at any time. The Terms and Conditions on the website at the time of your event shall be those considered to be valid for you. Additional Terms and Conditions may be added as seen fit by [EVE STUIO] .

Terms of Booking:-

Booking Form:-
We require our booking form to be completed and returned to us to make a booking. All details stated on the booking form will be taken as given unless otherwise stated by writing in an email or letter.

Payment terms:-
A non -returnable deposit of 50% of the agreed rental charge is required to secure a reservation for the [EVE STUIO]  via Internet Banking or ATM funds transfer or Cash. We require the balance of the booking to be paid 7 days before the event along with any extra costs that have been added between payment of the deposit and the event. Unless otherwise agreed.

Day of Event:-

Set Up of Booth:-
[EVE STUIO] ’s team will arrive to set up approximately ONE hour before the hire period is due to commence. If you require the booth to be set up earlier an idle time charge applies. It is up to you to ensure that the venue agrees to [EVE STUIO]  being in attendance at the agreed time. [EVE STUIO]  will be happy to liaise with the venue to assist, if requested.

Venue Access and Location:-
Please ensure [EVE STUIO]  is provided with the correct address for the venue and that the venue allows reasonable access for loading and suitable parking once the booth and equipment has been unloaded if possible.

Hire Period:-
The hire period will be for a set period, typically three hours, but as specified in the Booking Form and as agreed by both parties before. Use will commence at the agreed time and finish at the agreed time. If we cannot start on time due to poor access or not being allowed access as required due to the venue or other such circumstances, we will keep to the agreed end period for the hire. If your event simply starts late or runs late, our period of hire will still be for the agreed period and times unless we agree to provide additional hours as per our additions or to simply delay our planned start.

Events beyond our Control:-
[EVE STUIO]  will make all reasonable endeavours to attend all events. Where circumstances make this impossible due to, but not limited to adverse weather, [EVE STUIO]  will contact you or the venue as early as possible and a full refund will be made.

Traffic Delays or Vehicle Breakdowns:-
[EVE STUIO] ’s team will always try to arrive at the venue at the agreed time. Where circumstances make this difficult due to severe traffic delays or vehicle breakdowns, We will be happy to extend the end time of hire to make up for a late start. If this is not possible we will refund you accordingly to the amount of time delayed by and in proportion to the amount paid for the 3 hours of hire or more. We will however try our up most to get to your event as soon as we can and always be in contact with you.

Termination of Hire:-
[EVE STUIO]  will not tolerate any abuse or threatening behaviour to any of our staff or abuse of the booth or booth equipment. If this occurs, [EVE STUIO] retain the right to terminate the hire immediately. This applies equally to you and your guests. [EVE STUIO]  may terminate the hire in cases where our staff feel the equipment belonging to [EVE STUIO]  or the booth itself is in danger of being damaged or has been damaged due to the actions or unruly behaviour of you or your guests.
Wherever possible and reasonable to do so we will speak with you or the venue first to try to resolve the matter before any termination is enacted. If we do terminate, for any reason, the full cost of hire will remain due and we will not issue any refunds for any period of hire not provided.
Moreover, you will be fully responsible for any damages caused by you or your guests or other attendees at the event to the booth or booth equipment howsoever caused, with the sole exclusion of [EVE STUIO]  Staff.

Technical Problems:-
If the Photo booth is out of use due to technical difficulties, we shall refund you accordingly to the amount of time that the booth is not in operation and in proportion to the amount paid for the 3 hours of hire or more.

Privacy Policy

Copyright:-
You agree that all pictures taken in the photo booth can be uploaded to a web gallery unless otherwise stated and exempt us from responsibility of publishing the pictures.
Photos taken in a [EVE STUIO] 's Photobooth during the event may be used by us to assist with promotion of [EVE STUIO] . This may include printed matter as well as online images. We will not use any pictures that we think may cause offence or embarrassment to the people in the picture. We will immediately remove any picture from our website if requested to.
If you choose to have the Facebook upload option you take responsibility of allowing all users to upload any picture to their own Facebook page.

Limited Liability:-
[EVE STUIO]  will in all instances act in what it considers to be the best interests of the client and to take steps when required to act to protect the health and safety of booth users. Where such actions lead to an early closure of the booth, removal from service of the booth or other such action likely to cause distress or dissatisfaction [EVE STUIO]  limits any refunds to the amount of the original booking less the booking deposit. This applies to all cases. It in no way affects general public liabilities or employers liability insurance matters, which are covered separately.


PHOTOGRAPHY & VIDEOGRAPHY


Terms:-
"You" means you THE CLIENT or your guests.
“Photographer, Videographer” means us, EVE STUDIO(UT0004310-A)the service provider.
RESERVATION : Upon receiving the deposit & your signature, [ EVE Studio ] will reserve the time & date agreed upon, and will NOT make other reservations for that time and date. For this reason, the reservation deposit of 50% is non-refundable. Even if the date is changed or the event cancelled for any reason.

In the case of other emergencies of THE CLIENT that prevent the shoot from going ahead ( e.g bad weather, unfortunate events, etc ), THE CLIENT is allowed ONE reschedule again, the original session will be forfeited. If THE CLIENT wishes to book again, there needs to be a new transaction and booking process.

THE CLIENT understands and agrees that the balance owed for the photography service described in the contract is due on the event date of THE CLIENT and any amendments or extras can be added after the event date. Only after the payment is finalized, the outstanding items due to THE CLIENT will be released and delivered to THE CLIENT. THE CLIENT understand and agrees that failure to meet this terms of payment will incur a 20% ( of the total photography costing ) surcharge at the total costing on top of the balance owning.
SHOOTING TIME : The photography schedule and selected methodology are designed to accomplish the goals and wishes of THE CLIENT in a manner enjoyed by all parties involved. THE CLIENT and [ EVE Studio ] agree that positive cooperation and punctuality are therefore essential. Shooting commences at the scheduled time and if THE CLIENT is late for any reason, the time will be counted as part of the coverage. RM500 per hour for photographers & RM500 per hour for videographers will be charged if extra working hours applied
EVENTS BEYOND OUR CONTROL: We will make all reasonable endeavours to attend all events. Where circumstances make this impossible due to, but not limited to adverse weather, we will contact you or the venue as early as possible and a full refund will be made.
POST PROCESS: There will be total 60 working days to complete the whole post processed. However, [EVE Studio] will inform THE CLIENT if it can be done early.
TRAFFIC DELAYS OR VEHICLE BREAKDOWNS: [EVE STUDIO]’s team will always try to arrive at the venue at the agreed time. Where circumstances make this difficult due to severe traffic delays or vehicle breakdowns, We will be happy to extend the end time of hire to make up for a late start. If this is not possible we will refund you accordingly to the amount of time delayed by and in proportion to the amount paid for the  hours of hire or more. We will however try our up most to get to the event as soon as we can and always be in contact with you. 

OUTSTATION ASSIGNMENT: In respect of the outstation assignment, THE CLIENT are agreeable to bear all the expenses including accommodation, transportation and food allowance for [EVE STUDIO]’s team who are involved in the assignment.

EVENT GUIDE: [EVE STUDIO] recommends that THE CLIENT designates and “event guide” to point out/gather/organise important individuals/groups of people of whom specific photographs are desired with, to the photographer during the event. The photographer will not be held accountable for not photographing desired people if there is no one to assist in identifying people or gathering people for photographs. [EVE STUIDO] is not responsible if key individuals fail to appear or cooperate during photography sessions or for missed images due to details not revealed to [EVE STUDIO].  
EXCLUSIVITY / GUEST PHOTOGRAPHY: It is understood that [EVE STUDIO] will act as the sole and exclusive event photographer. Because of the fact that flashes from guest’s cameras, or movement from guests to obtain shots may obstruct or impair the quality of shots taken by [EVE STUDIO], THE CLIENT acknowledges that they are encouraged to notify their guests that guest photography should be limited/ Restricted (eg. Photography allowed but no flash use permitted) at any time while the professional photographer is in session. [EVE STUDIO] suggests that a separate notice of this be placed in the invitations/announced before the event starts, however this is completely optional and up to the discretion of THE CLIENT. However, THE CLIENT understands that should they decide to not notify their guests of this, any shots taken by [EVE STUDIO]’s control, [EVE STUDIO] will not be held responsitble for the quality in output of such shots.
The formal photography time is for exclusive use of [EVE STUDIO]’s team to capture the formal event portraits. Because of time constraint and the need for subjects to pay full attention to the professional photographer, guest photography cannot be permitted. [EVE STUDIO] will allow periods for guests to take snapshots during the during candid events. In return for this consideration [EVE STUDIO] insists no other guest photogrpahy take place when or where [EVE STUDIO] ‘s team is working.
|DIGITAL NEGATIVES, PRINTS and COPYRIGHTS : The photographs digital negatives or prints produced by [ EVE Studio ] are protected by Copyright Law ( all right reserved ) and may not be reproduced in any manner without [ EVE Studio ] explicit written permission. Upon final payment by THE CLIENT, limited copyright ownership of the resulting images will be transferred to THE CLIENT under the following conditions :
|The digital files / prints are the property of THE CLIENT for personal use and for the purpose of the reproduction and distribution of photographs to friends and relatives.
|THE CLIENT must obtain written permission from, and compensate [ EVE Studio ] prior to an event where THE CLIENT, THE CLIENT’s friends or relatives publish or sell the photographs for profit.
|The number of edited digital negatives given to THE CLIENT as agreed in the quotation is FINAL. Any requests for extra edited digital negatives will be charged at RM80 per photo.
| [ EVE Studio ] post process are Colors and Black & White edits, and inclusive of minor facial retouching if necessary. They are not inclusive of heavy photo manipulation such as shaping of the body parts, removing objects in photos, etc. The touch up/post production work done on each photo is final when delivered to THE CLIENT. Any requests for changes will be charged at a minimum of RM350/hour of post processing.
|By the hiring of [ EVE Studio ] THE CLIENT accepts that the digital files delivered are final and are photographed according to the satisfaction aligned with [ EVE Studio ]’s current style and vision. THE CLIENT understands and accepts that it may not be the same as any other photographer or person, and that [ EVE Studio ] will not be held liable for any differences perceived by THE CLIENT.
|[ EVE Studio ] is not obligated to show/share/return any RAW/Unedited photos.
|If THE CLIENT chooses to print at their own vendors/labs, [ EVE Studio ] is not liable for mistakes or any unsatisfactory results in the final products. [ EVE Studio ] ensure the photos are edited satisfactorily before sending out to THE CLIENT.
EXHIBITION: It is agreed that [EVE STUDIO] may display and use any of the photographs/video clip taken from this assignment for advertising, display, website and internet promotion, photographic contests, public displays, studio display, television advertising, and magazine advertising, as an example of [EVE STUDIO]’s work. The client agrees to release all claims to profits that may arise from the use of these images.
LIMIT OF LIABILITY : In the unlikely event that the photographer is injured or become too ill to photograph the event, [ EVE Studio ] will make every efforts to secure a replacement photographer. If the situation should occur and a suitable replacement is not found, responsibility and liability is limited to the return of all payments received for the event. [ EVE Studio ] takes the utmost care with respect to exposure, transportation, and processing the photographs.However, in the unlikely event that the photographs have been lost, stolen, or destroyed for reasons beyond [ EVE Studio ] control, [ EVE Studio ] liability is limited to the return of all payments received for the event. The limit of liability for a partial loss of originals shall be a prorated amount of the exposures lost based on he percentage of total number of originals. [ EVE Studio ] will however endeavor to ensure within the best of our ability that such events do not occur, and will carry out thorough testing of equipment before and after the event to ensure their good working order.
REPRINT ORDERS : Prints / Reprints of photos ( or additional print of photos are excluded ) and can be ordered from [ EVE Studio ]. Please contact [ EVE Studio ] for a quote for prints and enlargements of your desire photograph. Please note that clients files will be removed from our database after 2 years.
Please be advised that we [ EVE Studio ] change our price list periodically throughout the year. The prices that THE CLIENT has booked  with [ EVE Studio ] when THE CLIENT signs up this contract and made the 1st invoice are with the current package. However, if THE CLIENT does not confirm , any additions or extras at the time of booking the prices are subject to change. As much as [ EVE Studio ] would love to honor older price lists, we encourage our client to order sooner to take advantage of the current advertised prices. [ EVE Studio] is not responsible to inform THE CLIENT of these changes.

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