1. APPLICABILITY AND ACCEPTANCE OF THESE TERMS
1.1 These Terms of Trade (“Terms”) apply to each order that Rebekah Hoyt Blog (“Rebekah Hoyt Blog”, “we” or “us”) accepts from a customer (“you” “your”) for the supply of products or services. For the purposes of these Terms, “products” are digital and print products and “services” refer to publications or services delivered in any medium, including those services to which the additional terms apply.
1.2 Your acceptance of products and services from us means that you accept these Terms. No variation by you of these Terms will be valid unless agreed by us in writing and signed by each party’s authorised representative.
1.3 We may make changes to these Terms from time to time to accommodate changes in law, business practice or the introduction of new products or services. If we do, we will not notify you in writing before those changes take effect. Your acceptance of further products and services and/or payment of further instalments due after the date we notify you of a change is deemed acceptance of those changes. If you do not want to accept the changes, you are entitled to terminate any ongoing subscription affected by written notice to us before the changes take effect.
1.4 For the purposes of these Terms:
(a) a reference to “writing” includes any method of representing words, figures or symbols in a permanent and visible form including online or in an electronic communication;
(b) a reference to “online” or to an “electronic communication” includes a communication of information in the form of data, text or images by means of guided and/or unguided electromagnetic energy, including by means of the Internet.
2. PRICES, CHARGES AND PAYMENT
2.1 You agree to pay in full the amount specified on any invoice rendered by us for products and services supplied to you within 7 days of the date of the invoice (unless we agree otherwise in writing).
2.1.1 If you fail to pay all monies due you will have invalidated your image use rights and must remove and delete all content until such time as full payments have been made. Each copyright violation carries a fee of $3600 ex gst per image per occurrence.
2.1.2 If payment is not made by the due date an overdue fee of the following will apply after 30 days; Min $25 per week or 10% of the total value of the invoice per month in arrears (original due date on the invoice), whichever is greater will be added to the total amount of the invoice.
2.2 Where we make individual deliveries of products or deliveries in instalments, you may be invoiced separately for each delivery in which case, you agree to pay each invoice according to its terms.
2.3 If you subscribe to an online service that permits you to purchase access to additional services on a transactional basis, you will be charged per transaction.
2.4 If you purchase a product through us that is published by another company, you will be required to pay our cost of the importation of the product and we may charge a fee for delivering the product to you. The importation cost will be included in the product price on the invoice for the products. The fee may be listed separately on the invoice or included in the product price.
2.5 If we have to convert the price or the charge for the cost of importation from another currency, you agree that we have absolute discretion in relation to the exchange rate used to make the conversion.
2.6 All Paypal, Credit Card, International payments are subject to a surcharge. We reserve the right to make changes to this surcharge from time to time or to extend the surcharge to other methods of payment. If we do make any changes, we will give you reasonable notice in writing before the changes take effect.
2.7 We may make available or send documents and information to you, including invoices, by means of an electronic communication. You acknowledge that we are not liable in respect of:
(a) any error, omission or loss of confidentiality arising from an electronic communication;
(b) any unauthorised copying, recording or interference with a document;
(c) any delay or non delivery of a document; or
(d) any damage caused to your system or files by such electronic transmission (including by any computer virus).
3. DELIVERY
3.1 You accept that dates we give you for delivery are our best estimate, are given in good faith and may be subject to change without notice.
3.2 We will deliver products ordered to the address supplied on your order form or to an alternate address that we agree in writing.
3.3 You agree that delivery will be complete when the products are sent to your nominated address. Delivery by us to a carrier will be deemed to be delivery to you.
3.4 You agree that photography is a creative process and as such our products and services will be delivered in our creative type, style, form, quantities and processing choices. Re processing or additional services will incur extra billable hours starting at $250 ex per hour.
3.5 We may at our discretion use a selection of photos that are relevant on our website and our online profiles such as but not limited to social media or directory listings. They may also be used for self promotion and educational purposes on third party sites we approve. We never sell them to stock library’s.
We may at our discretion create a blog post of your session and amplify and promote your brand or cause to our audience.
4. RISK AND TITLE
4.1 The risk in any services or products that you order from us will pass to you on delivery irrespective of when payment is completed.
4.2 You agree that all services or products remain our property until you have paid for them in full. Until then, you acknowledge that we remain the equitable and legal owner and that you are in possession of those products only as our bailee until you have completed payment. For the avoidance of doubt, your entitlement in relation to any service is limited to a licence only for that period and ownership remains with Rebekah Hoyt Blog or its licensees until payment in full is made.
4.3 You are liable to pay in full the price of any services or products delivered to you. If you fail to pay for products by the due date for payment, we will be entitled, upon reasonable notice, to retake possession of the products, resell them and keep the proceeds of the sale. Any shortfall remaining in the amount owing after resale will remain a debt owed by you.
4.4 The purchase of our photos and services does not constitute the assignment of any intellectual property rights to you. You are provided with a perpetual, non-transferable, non-exclusive limited licence to use and access the relevant work in digital format for your use only. Your licence does not apply to third party vendors, such as and not limited too; Audio and Video providores, Staging vendors, Florists and props suppliers, venues and their controlling bodies. If third parties would like like to use any of our digital assets they must get written permission from Rebekah Hoyt Blog first. (You and your immediate client excluded) If you wish to re-distribute for competition entry’s or stock photos, and to third party vendors and publications, you must obtain an express licence from us to do so.
All images and assets appearing on Rebekah Hoyt Blog web site, unless noted otherwise, are the exclusive property of Rebekah Hoyt Blog and are protected under the Australian and International Copyright laws. The images may not be reproduced, copied, transmitted or manipulated without the written permission of Rebekah Hoyt Blog. These copyright laws impose substantial penalties for infringement, and violators will be prosecuted to the full extent of the law.
The use of any images or other materials included herein, in whole or in part, for any purpose other than the private purpose of viewing them online, including, but not limited to, copying, reproduction, publication (including on Internet Web Site including third party web pages by any means, including “hotlinking”, storage in a retrieval system (other than internet browser), manipulation (digital or otherwise), or transmitted in any form or by any means, electronic, mechanical, photocopying, recording or otherwise, is expressly prohibited without the written permission of Rebekah Hoyt Blog. All artistic and moral rights of the author are hereby asserted.
We welcome all inquiries regarding usage of our work but first you must seek permission from Rebekah Hoyt Blog using the contact form or direct email.
5. SUPPLY OF SUBSCRIPTION PRODUCTS AND SERVICES
5.1 When your order for a subscription product or service is accepted, we will:
(a) supply that product or service to you in one or multiple instalments for an initial subscription period of 12 months unless specified otherwise in your order or invoice (“Initial Period”); and
(b) continue to supply that product or service to you after the Initial Period has expired until you cancel the order for that product or service in accordance with clause 7.
5.2 We can immediately cancel your subscription to a product or service at any time by giving you written notice if, for example, there are changes in law or circumstance relating to the ongoing availability of that product or service. If we do that, we will refund to you, on a pro-rata basis, any part of the subscription fee that you have already paid that relates to the unused portion of that subscription or service.
5.3 If you are subscribing to a service to which these Terms apply, the terms of the Addendum will also apply to your use of that service.
6. ADVERTISING SERVICES
6.1 If you purchase advertising space or promotions in one of our products or services, we will send you a confirmation order setting out the applicable costs, the size of the advertisement and the edition(s) in which your advertisement will be published. We will process your order once you have accepted the terms set out in the confirmation order, including these Terms.
6.2 Unless you have requested us to design the artwork for your advertisement, you will be required to provide the draft artwork by the dates specified by us.
6.3 Once we receive your draft artwork, we will format it for publication and send you the final proof for your written approval by the specified reasonable deadline.
6.4 If you fail to provide the artwork timeously or to approve the final proof by the deadlines specified, we may not be able to publish your advertisement. Note that you will nevertheless be liable for the fee specified in your order.
6.5 You warrant that you are authorised to provide us with the artwork or any other content for publication in the product or service and that such material will not infringe any third party intellectual property rights, will not be in breach of any applicable laws or regulations and will not be obscene or defamatory.