TERMS & CONDITIONS,
PRIVACY POLICY, DISCLAIMERS
This website www.ekphotography.com.au is owned and operated by EK Photography, ABN 61 912 786 183.
The terms ‘us’ or ‘our’ or ‘we’ or ‘Eleni Katerina’ or ‘EK Photography’ or ‘EK Photography AU’ or ‘ekphotography’ or ‘ekphotographyau’ or ‘ekphotography.au’ or ‘Eleni Katerina Photography’ refers to the owner of the website (and it’s photographers), whose registered office is in Adelaide, Australia. The term ‘you’ or ‘your’ or ‘The Client’ or ‘our clients’ refers to the website user and or Eleni Katerina Photography’s clients. Eleni Katerina Photography is a business that provides photography services and related products such as USB drives.
When you visit this website and use our services or purchase our products you agree that you have read these Terms & Conditions, Privacy Policy, all related documents and agree to be bound by them.
Please read these Usage Terms carefully, as they set out your rights and obligations in relation to the use of this website and all services and products provided through this website and or through the business EK Photography. Should you not agree with any of these terms, please do not use this website.
The content of this website is provided ‘as is’ for your general information and use only. It is subject to change without prior notice.
VARIATION
These terms apply from 03/08/2022 and remain in force until revoked. We may update our terms and conditions from time-to-time and the new provisions will apply from the date they are updated, without prior notice.
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REFUND POLICY
Eleni Katerina Photography requires a deposit to secure bookings. This deposit is NON REFUNDABLE and will come off the total package when the balance is due. If session is cancelled after deposit has been received, the deposit is forfeited, please contact eleni@ekphotography.com.au to discuss a credit voucher. Please reach out for further information around this. Terms & Conditions will be emailed through with booking information and payment of deposit confirms acceptance of Terms & Conditions.
EVENT BOOKING TERMS
PAYMENT TERMS: Once payment of deposit has been received, EK Photography reserves your date and time as directed by the client in communication exchanges. Should a change be required, please immediately reach out to EK Photography to ensure we can accommodate. Final payment terms for the remaining balance is strictly by no later than 10am the morning of event. Please contact EK Photography should you need any assistance with this. There may be an additional fee for any previously undisclosed travel, an invoice will be forwarded after the event in this instance.
ZERO TOLERANCE OF BULLYING/ABUSE/HARRASSMENT: Any and all forms of Bullying, Harassment and/or Abuse, including physical or verbal, will NOT BE TOLERATED and may result in the Photographer leaving early. The full balance will be forfeited should this happen and EK Photography will not be held liable for any photographs not captured due to this or any host/guest interference.
COOPERATION & GUEST COOPERATION: The client agrees to positive cooperation and communication to achieve the best possible result. EK Photography is not responsible for key individuals' failure to be present or to cooperate during the session, or for missed images due to the above or details not being revealed to EK Photography. The clientis responsible for the conduct of their guests. The client or their authorised representative will direct all other suppliers to provide any required information and cooperation to the photographer. EK Photography will not share its time or compete with guest photographers for the attention of the subjects. Unchecked guest conduct that interferes with photography may adversely affect the quality and/or quantity of the photographs taken. Unruly guest behaviour and/or damage to photographic equipment may result in immediate early departure of photographer. Client understands in such an event, no refund will be granted and the Client will be held responsible for the costs of any repair/replacement of any equipment damage caused by such event during session.
COMPLETION: EK Photography will deliver images within the timeframe as suggested via communications. However there may be times where it will not be possible, this includes Public Holidays and Weekends as these are usually our Peak Periods. If this happens, EK Photography will deliver the images on the next available business day. The timeframe begins on the next business day after your event, any and all forms of harassment within the timeframe will not be accepted.
DIGITAL NEGATIVES, PRINTS & COPYRIGHTS: The photographic digital negatives or prints produced by Eleni Katerina Photography are protected under Australian Copyright Law (all rights reserved) and may not be reproduced in any manner without Eleni Katerina Photography's express written consent. The Client has limited copyright ownership of the reulting images, which whill be transdferred to the client under the following conditions: 1. The digital images and digital files are the property of the client for personal use and for purposes of distribution to family and friends of client. 2. The Client must obtain written permission from, and compensate ELeni Katerina Photography prior to an event where the Client, the Client's friends or relatives, Client's associates/colleagues, publish or sell the photographs for profit.
MODEL RELEASE: The Client hereby assigns and grants EK Photography and its legal representatives the irrevocable and unrestricted right to use and publish photographs of the client or in which the Client may be included, for editorial, trade, advertising and or any other purposes and in any manner or medium; to alter the same without restriciton; and to copyright same. The Client hereby releases EK Photography and its representatives and assigns all claims and liability relating to said photographs. EK Photography may display and use photographs taken for advertising, display, website and internet promotion, industry competitions/contests, public display such as shopping districts, photography instructional books, store fronts, window displays, studio displays, television, magazine advertising and any other purpose thought proper by EK Photography.
EXCLUSIVITY: It is understood and agreed that Eleni Katerina Photography will act as the sole and exlusive photographer of the event, because of the fact that flashes from guest's camera may aversely affect shots taken by EK Photography. The Client acknowledges that they are responsible for notifying all guests that guest photography is restricted at any time that the photographer is in session.
COLOUR CASTING: Due to the nature of certain events, where third party lighting is in use (eg. Stage Lights, DJ equipment and/or lighting, venue lighting and/or decorative lighting) where colour is cast onto subjects and people during the night, EK Photography will not be held liable for any colour casting caused by the venue or other vendors. EK Photography will do its best to minimise and overcome any colour casting to the best of its ability but cannot guarantee the images will be colour cast free.
FAKE TAN: Although EK Photography will take all necessary steps to ensure your images are professionally edited in a manner where skin tone will look natural, due to the use of high grade equipment, some bronzers and fake tan can sometimes turn out with a tint of green or orange. In the event the client would like the images manipulated to rectify such issues, the client agrees t be charged $23.00 per image.
PROFESSIONAL IMAGE MANIPULATION: EK Photography will professionally edit all images prior to delivery with little skin retouching (temporary blemishes, food, or dark spots may be lightly retouched or removed). EK Photography will allow for limited image manipulation (if technically possible) of up to ten (10) images after delivery. Including skin retouching, opening of an individuals eyes, red eye removal, colour correction, the removal or insertion of missing people and/or objects, special effects, glamorization etc.
OVERSTAY RULES: Should the client request for EK Photography to stay on after the agreed finish time it will be at EK Photography's discretion to accept or decline. In the event of acceptance, and the Photographer chooses to stay, the client will be invoiced for additional charges following the event, which will require payment in full prior to delivery of images. Failure to pay additional fees will result in the delay of the images being delivered to client. Additional rates will be charged hourly irrespective of the actual minutes of overstay, a flat hourly rate will be charged) beginning immediately after the original finish time. The fee is charged at $150.00 per hour above the agreed package.
VERY IMPORTANT: The images will if delivered by Cloud Link, will be available for up to 90 days after your event. After this they will be permanently deleted and may not be recoverable. We recommend the client immediately copies the images to two different storage locations.
Payment of booking deposit confirms acceptance of these terms and conditions. EK Photography will always be more than happy to further discuss specific requirements of the event and of the booking terms.
DISCLAIMER (GENERAL)
Whilst every care is taken, Eleni Katerina Photography does not provide any guarantee or warranty as to the performance, accuracy, timeliness, completeness or suitability of the information and materials found or offered on this website for any particular purpose. The information available through this website is provided for visitors, for educational, entertainment and informational purposes only. You are solely responsible for any actions you take or results you obtain as a result of using the information on this website. You acknowledge and agree that no information or advice provided by us including that contained on this website in any way constitutes health, legal, governmental, medical, professional advice or advice of any other regulated industry or creates a warranty of any kind with respect to this website. This disclaimer applies to the fullest extent permitted by Australian and International Law and survives any termination or expiration of this agreement or your use of this website or the services or products found on this website.
COPYRIGHT, INTELLECTUAL PROPERTY, PERMISSION & PRIVACY
Any offers made on this website are available to Australian Residents ONLY.
Eleni Katerina Photography, under Australian Copyright Law and through international treaties, owns the intellectual property rights of all content of this website or has permission to use or display the material on this website.
You MUST NOT use, copy, display, distribute, modify, translate, reformat, incorporate into advertisements and other works, promote, create derivative works, or in any way exploit or allow others to exploit any of our website content in whole or in part except as expressly authorised by us in writing.
By jurisdiction, use of this site and the provision of services by Eleni Katerina Photography, are governed by and are subject to Australian Law. It is a condition of this site that you submit to this jurisdiction.
PERMISSION: Please email eleni@ekphotography.com.au if you require permission to reproduce any content from this website including but not limited to any photos, images, logos or texts. Images and item descriptions owned by third parties may be posted on this website from time to time, and are the responsibility of those third parties and may be subject to copyright. You must seek permission from the third party before using any of their content. The names of actual companies and products mentioned on this website may be the trademarks of their respective owners.
PRIVACY: Your privacy and the confidentiality of your personal information is important to us, and is fundamental to the way we conduct business. Eleni Katerina Photography is sensitive to privacy issues and treats very seriously the ongoing trust our clients have placed in us.
Any information provided to Eleni Katerina Photography is secured and treated with the utmost respect and care. Eleni Katerina Photography will never provide or sell any personal information supplied via this website, or any and all contact methods to any third party.
You can access any personal information held by Eleni Katerina Photography at any time by writing to us at eleni@ekphotography.com.au
PERSONAL USE ONLY
You may access material from the website for your personal use only. Sharing or downloading any intellectual property or copyright material from this website for commercial use of any sort, without written permission is expressly prohibited. You agree not to change or delete any copyright or proprietary notice from materials (including metadata from images or photos) downloaded from this website or any site accessible through this website. Except as otherwise expressly granted to you in writing, we do not grant you any other express or implied right or licence to our website content, photos or our intellectual property.
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CONSENT
The Client consents that their name and photographs presented on this website may be used for the purpose of display, portfolio, advertising, website or any publication, directory or forum; printed and/or online; to promote our work or our business. The Client agrees that the images taken by EK Photography can be used without additional compensation to them; the Client. If the Client does not consent to this item, Eleni Katerina Photography must be notified in writing before the session/shoot/event. All respect will be given to a Client’s expressed request to non-consent.
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NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of this website, you warrant that you will not use this website for any purpose that is unlawful or prohibited by these terms and conditions. You may not use this website in any manner which could damage, disable, overburden, or impair this website or interfere with any other person’s use and enjoyment of this website. You agree not to hack into areas of this website that are not intentionally made available to you (such as client galleries).
You expressly agree not to:
(1) engage in any internal or external spamming, or other similar actions engage in any unlawful or immoral acts, or acts that are in violation of these terms and conditions
(2) decompile, reverse engineer, or try to copy or imitate this website or underlying content and/or use the website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus or other malicious computer software
(3) use data collected from the website for any direct marketing activity (including without limitation email marketing, social media marketing, online marketing, SMS marketing, telemarketing, and direct mailing)
(4) use data collected from the website to contact individuals, companies or other persons or entities for marketing purposes.
You must ensure that all the information you supply to us through our website, or in relation to our website, is true, accurate, current, complete and not misleading.
COPYRIGHT INFRINGEMENT
If you believe that there is material on our website that infringes third party intellectual property rights, please email eleni@ekphotography.com.au with sufficient information to enable us to determine who the owner of the intellectual property is and to remove it from the website, if appropriate.
COOKIES
This website uses cookies to monitor browsing preferences. By using our website you consent to our use of cookies in accordance with the terms of our privacy policy.
THIRD-PARTY LINKS
This website may also from time to time include links to other websites which are not controlled by us. These links are there to provide you with further information. You acknowledge that they are used at your own risk. Third-party links on our website do not signify that we recommend or endorse the websites. We have no control over the nature, content and availability of those websites.
MEANS OF CONTACT
You may initiate contact through our online chat facility, email address or contact form. Any digital communication initiated from the website is subject to the same website usage terms.
WEBSITE SECURITY
Eleni Katerina Photography makes every effort to maintain the security of the EK Photography website including but not limited to encryption to the extent that we deem advisable to protect your personal information, the integrity of the website and conduct our business. However, we do not guarantee the security of the website, our records, or your content. Eleni Katerina disclaims any and all liability for any computer virus or technological problems that we do not intentionally cause or that are beyond our control. You are advised to install and maintain up-to-date security software on your computer for your further protection. Eleni Katerina Photography website is hosted by third-party services; therefore, the website may be inaccessible from time to time.
LIMITATION OF LIABILITY
Eleni Katerina Photography will not be liable to you or any other person or entity for any damages whatsoever arising as a result of your use of this website in any way, subject to the requirements of Australian Consumer Law. Where warranties are implied by law, you acknowledge and agree that the total aggregate liability to us is limited at our discretion to the provision of those services again, or to a refund equal to the total amount paid by you for the particular services that are the subject of the cause of action, even if those services were provided to you without cost. This limitation of liability applies to the fullest extent permitted by law and shall survive any termination or expiration of this agreement or your use of this website or the services found on this website.
INDEMNITY
You agree to indemnify and defend Eleni Katerina Photography from any claims, damages, liabilities, costs, or expenses (including without limitation court costs, collection costs, and reasonable legal fees) related to: (1) your unauthorised use of this website, or products or services included or advertised on this website (2) your breach of these Terms & Conditions and Website Usage Terms.
Use of this website is unauthorised in any jurisdiction that does not give effect to all provisions of these website usage terms, including without limitation, this paragraph. If you are resident in a jurisdiction where the use of this website is unauthorised, it is your responsibility to stop using this website.
VALIDITY
Any offers made on this website are available to Australian Residents ONLY.
If any part of these terms and conditions is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the terms and conditions will continue in effect. These Terms and Conditions & Privacy Policy, form the entire agreement between you and Eleni Katerina Photography.
FEEDBACK, COMMENTS OR COMPLAINTS
We welcome and appreciate your feedback!
If you have any questions, please email eleni@ekphotography.com.au.
We endeavour to respond to all enquiries within three business days.