Photo Mosaics Terms and Conditions.
1. Definitions – It is mutually agreed that the following terms and conditions form an integral part of this contract/invoice and that no variation or modification of this contract shall be effective unless accepted by Photo Mosaics.
2. Agreement and acceptance of terms. All agreements and transaction between Photo Mosaics, and any clients are subject to these terms and conditions. All clients who purchase/book a commissioned photo mosaic art or any other product or service from Photo Mosaics agree from that point forward to be bound by these terms and conditions.
3. Copyright – The Copyright Act 1968 assigns the copyright to Photo Mosaics. It is contrary to the Act to copy, publish, reproduce or store images electronically, unless the express permission of Photo Mosaics has been purchased. If permission is granted, then transfer of the shared copyright commences only once payment for the copyright has been made in full. Please contact Photo Mosaics via “Contact Us” page for information relating to commercial or extended commercial rights prior to any use.
4. Display – Photo Mosaics reserve the right for any photograph or artwork created during purchase to be displayed in a studio, portfolio, or in any other advertising directly associated with Photo Mosaics, unless the subject expresses a wish for their image to not be displayed. Confidentiality of the client is paramount.
5. Force Majeure – Every effort will be made to carry out the contract but its due performance is subject to alteration or cancellation by Photo Mosaics owing to any cause beyond their control (e.g. acts of God, change in legislation, floods, fire, computer failure, etc). In the unlikely event of total photographic failure or cancellation of this contract by Photo Mosaics, liability shall be limited to a full refund of all monies paid.
6. Law – These Terms and Conditions shall be governed and construed in accordance with the Laws of Australia.
7. Liability – Photo Mosaics shall not be liable for indirect loss or third-party claims occasioned by delay in completing the work or for any loss to our clients arising from delay in transit. Where work is defective for any reason, including negligence, our liability (if any) shall be limited to rectifying such defect.
8. Licence – Photo Mosaics shall be granted artistic licence in relation to works created or photographed and digital retouching. The Designers judgement regarding number of photographs used and those used shall deemed to be correct.
9. Art & Photographs – Photo Mosaics will provide a pleasing colour balance but cannot guarantee exact colour matching. In the case of part mono/part colour images, the colours used will be subject to the designer’s artistic interpretation and will be deemed to be correct. Works are produced to the highest standards using quality materials and quality print processes. However, all photographs will, in time, fade. This is particularly true if they are left in bright sunlight and are not behind glass. Photo Mosaics cannot accept any responsibility for this gradual image deterioration. All works purchased are presumed to have been received in good condition unless the Client notifies Photo Mosaics in writing of any discrepancy or error within 3 days of receipt.
10. Payment – Full payment must be made before any orders shall be placed into production, via cash or card on this website or in person.
11. Prices – All services and/or goods are supplied at the current prices ruling at the time of supply and are subject to change without prior notice. Offers and discounts can only be claimed at checkout and not retrospectively and new promotions/discounts cannot be claimed against existing orders nor bookings. An additional charge is applied to all orders delivered on USB. All prices are inclusive of GST.
12. Reprint Orders – All re-orders shall be treated as an extension of this contract. No responsibility for error will be accepted.
13. Refund Policy – We will not refund, nor accept the return of/refusal to pay charges for, any technically acceptable photograph supplied either in print or in electronic format. No exception can be made as we cannot be held responsible for individual tastes or exceptions. Once an order has been placed, we will not offer a refund. We may at our discretion allow you to place an order for different products with the same value. This will not affect your statutory rights.
14. Intellectual Property - All photographs or music supplied by the client are deemed to be the intellectual property of the client supplying said images.
The responsibility for ensuring that copyright and ownership laws are maintained in respect of all artwork or music supplied by the customer for inclusion in an order remains with the customer. To the fullest extent permitted at law PHOTO MOSAICS shall not be liable for claims arising from the misuse or breach of copyright and/or ownership of artwork.
15. Storage of Images – Original digital images are kept on an active file for 4 weeks post order completion, after which time they will be deleted unless expressly stated otherwise by Photo Mosaics. All ordered works/images will be kept for 1 month from date of purchase.
16. Data Protection – In compliance with The Privacy Act 1988, personal data supplied to Photo Mosaics may be stored for future use. This data will only be used to inform you of future opportunities and to be kept up to date and will only be held as long as is necessary. Photo Mosaics will take all necessary steps to ensure the information is held and used in accordance with the above Act. However, should you not wish the data to be stored and/or removed please contact the Director at the address listed on the contract/invoice.
17. Lead times – are as follows;
Digital Art from receipt of images 10 working days maximum.
These lead times are a maximum estimate of the time it will take for your order to be ready for collection or post however Photo Mosaics sets to achieve far sooner.
Express orders are available via checkout thru purchase where Digital Art will be created within 3 days of receipt of images and express posted within 24hrs of print. Express service is available at checkout where cost is highlighted.
18. Collection and Delivery – All orders are delivered directly to your home for which a delivery charge will be applied.
19. SHELVED ORDERS – Orders which have been placed and no photos submitted will be followed up after approximately 2 weeks after initial order via email. If no images are submitted within 4 weeks to enable us to complete your order it shall be deemed final and fulfilled and you will be notified of this.
20. PHOTO MOSAICS – GIFT CARD/VOUCHER TERMS AND CONDITIONS:
· Our gift cards are valid 3 years from date of purchase and can be redeemed at “future store” (TBA) or via www.mosaicmemories.com.au
· This voucher is non-refundable and cannot be exchanged for cash in part or full and is valid for a single transaction only
· Strictly no extension of the expiry date from the date of issue will be allowed
· Photo Mosaics retains the right to reject any voucher that has been tampered with or found in any way unacceptable or fraudulent
· We are not responsible if a Gift Voucher is lost, stolen, damaged or destroyed and no replacement will be provided in these circumstances
· This voucher cannot be redeemed in order to purchase gift cards
21. STANDARD CROPPING AND ENHANCEMENT SERVICE –
**STANDARD CROPPING SERVICE DOES NOT INCLUDE CROPPING OFF PHOTOS WITHIN PHOTOS, SCANNED FILES WHICH ARE BORDERED AND REQUIRE SINGULAR CROPPING OR MULTIPLE IMAGES ON A SINGLE FILE WHICH REQUIRE MULTIPLE CROPPING AND ENHANCEMENTS. Providing such images will have us communicate the need to self crop such images or have us provide a quote to crop for you as each such image requires attention greater in time and detail than what a standard true photo file represents.