dlphoto Terms & Conditions
These Terms and Policies Govern the Below.
VOUCHERS
- Vouchers are valid for 12 months from date of issue
- Vouchers are not transferrable
- Vouchers may not be redeemed for cash
- Vouchers are non-refundable.
- We do not adhere to the conditions of force majeure in any way or form
COURSES AND WORKSHOPS
- All fees are required in full upon confirmation and will be regarded as confirmed once payment reflects.
- Courses and workshops are not transferrable once confirmed.
- We do not adhere to cash refunds in any form whatsoever.
- We do not adhere to the conditions of force majeure in any way or form.
PHOTOGRAPHY SERVICES
- Full payment is required upfront (non-refundable).
- Booking dates are confirmed upon receipt of payment.
- Two working day notice period is needed for rescheduling.
- If pre-arranged on request, images will be backed up for 5 days post-handover.
- We do not adhere to cash or cancellation refunds in any form whatsoever.
- We do not adhere to the conditions of force majeure in any way or form
STUDIO RENTALS
- Full payment is required upfront (non-refundable).
- Booking dates are confirmed upon receipt of payment.
- Two working day notice period is needed for rescheduling.
- The renter is responsible for all activities and must have public liability insurance.
- The Studio must be returned in the same condition as it was upon handover. Should the client
- fail to do so, the client will be liable for any immediate costs incurred, as determined by dlphoto at that time.
- We do not adhere to the conditions of force majeure in any way or form.
TERMS OF BUSINESS AND SERVICE AGREEMENT
1. APPLICATION OF TERMS
These Terms of Business govern all photography, videography, studio hire, podcast recording, editing, production, content creation and related services provided by dlphoto Studio. By booking any service with dlphoto, paying in full, in the form of a deposit, accepting a quotation, signing a booking form, attending a session, or otherwise instructing dlphoto to perform services, the client acknowledges acceptance of these Terms.
These Terms apply to all services provided by dlphoto unless specifically amended in writing.
2. SERVICES PROVIDED
Services may include, but are not limited to:
Photography Services
Corporate photography, Headshots and branding photography, Events and conferences, Weddings, Product photography, Fashion photography, Family photography, Real estate photography
Lifestyle photography, Studio photography, Commercial photography, Videography services
Podcast and Production Services
Podcast recording, Studio hire, Multi-camera recording, Audio recording, Editing and post-production, Social media clips, Promotional cuts, Livestreaming, Content exports, Raw footage handling, Content strategy support, Distribution assistance, Additional services may be agreed in writing.
3. QUOTATIONS
All quotations remain valid for 14 days unless otherwise stated.
Quotations may be revised where:
- scope changes;
- project requirements increase;
- additional time becomes necessary;
- additional editing or deliverables are requested.
Acceptance of a quotation constitutes agreement to these Terms.
4. BOOKINGS AND PAYMENT TERMS
No booking shall be considered confirmed until:
- payment in full; or
- any agreed deposit payment has been received as cleared funds.
No dates, times, studio sessions, production schedules or resources are reserved until booking confirmation has occurred.
dlphoto reserves the right to decline attendance, recording, production or delivery where payment requirements have not been satisfied.
5. PROOF OF PAYMENT REQUIREMENTS
Proof of payment alone does not constitute payment. A booking shall only be deemed confirmed upon actual clearance and receipt of funds into dlphoto’s nominated account.
dlphoto reserves the right to verify all payments prior to performance.
If a client supplies:
- false proof of payment;
- altered proof of payment;
- misleading payment confirmation;
- fraudulent banking documentation;
- inaccurate payment information,
Such conduct shall constitute a material breach.
Any services provided due to reliance upon such payment representation shall be deemed to have been provided under material misrepresentation.
dlphoto expressly reserves all legal rights including:
- suspension of services;
- immediate cancellation;
- debt recovery;
- recovery of damages;
- legal proceedings;
- claims relating to intellectual property and unauthorized use.
6. DEPOSITS
Deposits are non-refundable unless cancelled by dlphoto.
Deposits secure time, scheduling, resources and preparation.
Rescheduling requests remain entirely at dlphoto’s discretion.
7. CLIENT RESPONSIBILITIES
Clients agree:
- to provide accurate information;
- to attend on time;
- to secure required permissions;
- to obtain location permissions where necessary;
- to ensure guests or participants comply with venue requirements;
- to ensure all participants consent to recording.
Delays caused by clients may reduce production time.
8. PODCAST RECORDING TERMS
The client accepts:
- recording quality depends on participant cooperation;
- interruptions or technical issues may occasionally occur;
- final edits remain subject to production processes;
- live streaming involves third-party platforms beyond dlphoto’s control.
Clients are responsible for obtaining all guest consents and permissions. dlphoto accepts no responsibility for claims arising from statements made during recordings.
9. DELIVERY OF CONTENT
Delivery dates are estimates only. dlphoto shall use reasonable efforts to meet timelines but does not guarantee delivery dates.
Files may be supplied through: cloud links, digital download, hard drive transfer, client portals, physical media.
Clients must download and backup content promptly. Unless otherwise agreed, dlphoto is not required to retain files beyond 5 days.
10. INTELLECTUAL PROPERTY
All copyright, neighboring rights, production rights, editing rights, ownership rights and associated intellectual property in:
- photographs;
- recordings;
- podcast footage;
- raw files;
- edited materials;
- audio;
- promotional clips;
- social media cuts;
- project files;
- derivative works;
- backups;
- exports
remain the sole property of dlphoto unless expressly assigned in writing.
No transfer, assignment or license of rights shall occur unless payment has been received in full. Any client license granted is conditional upon full payment. Where payment has not been received, any use rights are automatically suspended.
11. UNAUTHORISED USE
No content may be:
- published;
- reproduced;
- edited;
- distributed;
- uploaded;
- monetized;
- broadcast;
- streamed;
- stored commercially;
- used for advertising
without payment and written authority. Unauthorized use may result in legal action.
12. PROMOTIONAL USE BY DLPHOTO
Unless agreed otherwise in writing, dlphoto may use completed work for:
- website portfolios;
- social media;
- marketing;
- awards;
- promotional activity.
Clients requesting confidentiality must notify dlphoto in writing.
13. CANCELLATIONS
Cancellation within:
- 14 days: deposit forfeited
- 7 days: 50% payable
- 48 hours: 100% payable
because scheduling opportunities are lost.
14. LIMITATION OF LIABILITY
To the maximum extent permitted by South African law:
dlphoto shall not be liable for:
- indirect loss;
- loss of profits;
- consequential damages;
- third-party platform failures;
- internet failures;
- force majeure;
- equipment failures beyond reasonable control.
Liability shall never exceed amounts actually paid by the client.
15. FORCE MAJEURE
dlphoto shall not be liable for delay or failure resulting from:
- illness;
- power failures;
- acts of God;
- strikes;
- riots;
- government action;
- internet outages;
- venue closures;
- equipment failure beyond reasonable control.
16. POPIA AND DATA PROTECTION
dlphoto processes personal information in accordance with:
- Protection of Personal Information Act 4 of 2013 (POPIA)
Information collected may include:
- names
- contact information
- recordings
- images
- business information
Information shall only be used for lawful business purposes.
17. BREACH
Should the client breach these Terms, dlphoto reserves the right to:
- suspend work;
- retain content;
- recover legal fees;
- institute proceedings;
- claim damages.
18. GOVERNING LAW
These Terms shall be governed by the laws of the Republic of South Africa. The parties’ consent to the jurisdiction of South African courts.
