We want you to be happy!
Guidelines when submitting orders
1. Certified Reseller / Professional Photographer
By creating an account with fotofafa you certify you are a full time, professional photographer and are using fotofafa as a wholesale service to edit and design your images which you are then reselling to your clients.
2. SHARE MORE, EXPECT MORE
Many orders have custom or specific details for us to follow. Knowing these details will help us and you in meeting all expectations. Always mention specific file names. Always share explicit and implicit directions.
3. PERFECTION POLICY
Our team and partners pride themselves on bringing decades of collective experience. But we are all human and this can be a subjective business. If we do make a mistake please let us know within 7 days, we value your feedback and we strive for a betterfinished product.
4. RE-DO + REFUND POLICIES
We are confident that we will deliver a service and a finished product that your end consumer will be satisfied with. However, we realize there is a chance that you might have a concern or complaint. If we make a mistake, you have our word, we will fix it! All we ask is that you notify us of any concerns and/or issues within 7 days. We rarely offer refunds but do always redo the job until you are completely satisfied. Please know that if your issue is received after 7 days from receiving the finished product, we cannot be liable for making any corrections.
5. RETENTION OF DIGITAL FILES
We process a lot of images and a lot of orders. All images will therefore only be held for 7 days from the date the job was completed and returned. It is the customer’s responsibility to contact us within those 7 days to clearly state the details of any issue, otherwise the before and after images will automatically be delete. Orders that are part of a sequence of orders to be placed over separate days will be held for 14 days to allow for additional time to review the finished order and submit the next order.
Basic Terms
You hereafter stated as Customer
fotofafa hereafter stated as Contractor
Customers use of the Contractors Products and Services (as defined in section 2 Contractors Products and Services) is governed by a legal agreement between Customer and the Contractor. This document describes that agreement and defines some of its terms.
The agreement between Customer and Contractor contains terms that are set forth herein and are always included. These are referred to as “Basic Terms”.
In addition, there may be other terms that are based on your specific relationship with Contractor and are defined within that specific relationship. These are referred to as “Specific Use Terms”.
Taken together, the “Basic Terms” and “Specific Use Terms” are referred to as the “Terms of Use” or “Terms”.
In case of a conflict between “Basic Terms” and “Specific Use Terms”, the “Specific Use Terms” will apply.
1Acceptance of Terms of Use
1.1
In order to use the Contractors Products and Services, Customer must accept these Terms of Use. If the Terms are not accepted then the Customer must exit this web site (site) and not setup an account or place an order. Failure to do so will constitute acceptance of these Terms.
1.2
Use of the Contractors Products and Services including, but not limited to, accessing the Contractors website, constitutes acceptance of this agreement.
2The Contractors Products and Services
2.1
The Contractor will, at its sole discretion, decide which Products and Services will be offered, how they will be delivered and the specific features of each Product and Service.
2.2
Products and Services are specification and quantity based. This means that certain features, minimums and/or set maximums for those quantities are required. The Contractor reserves the right to change these features, minimums and/or maximums at any time.
2.3
Products and Services may not be reproduced in any form without express written consent from the Contractor and/or the product and/or service owner.
2.4
Customers agree to pay for the Contractors Products and Services fees, related packing and shipping fees and appropriate taxes.
2.5
Products and Services will become the Customers responsibility when the Contractor passes them to the shipping carrier. The Contractor will, where possible, provide a tracking number for the shipment.
3Customers use of the Contractors Products and Services
3.1
Customer will provide the Contractor with certain information. Customer understands that this information is to facilitate any orders and attests to the accuracy of the information that is provided.
3.2
Customer may not copy, modify, de-code or reverse engineer our Products and Services, including our web site.
3.3
Proprietary Information
3.3.1
Some of the information shared is proprietary to the Contractor and should be treated as such.
3.3.2
Nothing transfers or modifies the ownership of or rights to any content on the Contractors web site.
3.4
Studio Conduct
3.4.1
The Contractor reserves the right to refuse orders and to terminate accounts of customers involved in any of the following activities:
3.4.1.1
Ordering products or services for images which Customers do not have the legal rights to.
3.4.1.2
Providing false or misleading or providing information Customers do not have the right to disclose.
3.4.1.3
Transmitting any images or materials which are defamatory, harmful, threatening, unlawful, harassing, obscene, vulgar, invasive of another’s privacy, or otherwise objectionable.
3.4.1.4
Transmitting materials containing software viruses or malicious programs designed to interrupt, destroy or limit the functionality of any computer system.
3.4.1.5
Attacking or interfering with (or attempting to do so) the Contractors website, servers, networks or equipment connected to this site. Including disobeying required procedures and policies of networks connected to the Contractors website.
4Other Basic Terms
4.1
Termination
4.1.1
Customer may terminate their relationship with the Contractor at any time.
4.1.2
The Contractor may terminate this agreement at any time if:
4.1.2.1
Customer has breached its terms, or have indicated that Customer no longer intend to comply with them
4.1.2.2
The Contractor is, for whatever reason, unable to deliver its products and services to you
4.1.2.3
The Contractor determines that delivering any of its products and services is no longer in its best interest
4.2
Exclusion of warranty
4.2.1
Customers expressly understand and agree that your use of the contractors products and services, including the web site, is at your sole risk and that the contractors products and services are provided “as is” and “as available.”
4.2.2
The Contractor does not represent or warrant to that:
4.2.2.1
Your use of the products and services will be uninterrupted, efficient, secure or free from error,
4.2.2.2
The contractors products and services will meet your requirements,
4.2.2.3
That defects in any software or service provided will be corrected, and
4.2.2.4
Any information obtained by Customer will be accurate or reliable.
4.2.3
Any items, including content, downloaded or otherwise obtained through the use of the Contractors products and services is done at your own risk. Customer will be solely responsible for any damage to your computer system or other device or any loss of data that results from the download of any such items
4.2.4
No warranty that is not expressly stated in these terms shall result from any advice or information, whether oral or written, obtained by Customer from Contractor or from the contractors products and services. The contractor further expressly disclaims all warranties and conditions of any kind, whether expressed or implied, including, but not limited to the implied warranties and conditions of merchantability, fitness for a particular purpose and non-infringement.
4.3
Limitation of liability
4.3.1
Customer understands and agrees that the Contractor shall not be liable to Customer for:
4.3.1.1
Any damages that may be incurred by you, however caused. This shall include, but not be limited to, any loss of profit, any loss of goodwill or business reputation, any loss of data suffered, cost of procurement of substitute goods or services, or other tangible or intangible loss;
4.3.1.2
Any loss or damage incurred, including but not limited to loss or damage as a result of:
4.3.1.2.1
Any reliance placed by Customer on the completeness, accuracy or existence of any advertising, or as a result of any relationship or transaction between Customer and any advertiser or sponsor whose advertising appears on the Contractors web site;
4.3.1.2.2
Any changes which the Contractor may make to its products and services;
4.3.1.2.3
The deletion of, corruption of, or failure to store, any content and other communications data maintained or transmitted by or through your use of the Contractors products and services;
4.3.1.2.4
Customers failure, intentional or otherwise, to provide the Contractor with accurate account information;
4.3.1.2.5
Customers failure, intentional or otherwise, to keep your password or account details secure and confidential;
4.3.2
The limitations on the Contractors liability to Customer shall apply whether or not Contractor has been advised of or should have been aware of the possibility of any such losses arising.
4.4
Copyright, Other Infringements & Other Notifications
4.4.1
The Contractor will respond to reports of copyright and other infringements. Please send an email to the email address listed on their website.
4.4.2
The Contractor will also review for appropriateness any content for which such a request is submitted. The Contractor reserves the right to allow, not allow or modify the display of any content for any reason. Requests for content review should be sent to the email address listed on their website.
4.5
Information on Linked Sites
4.5.1
The Contractor provides Customer with information on its various business partners and others that may offer products and services that are of interest to you. This information may include links to other web sites.
4.5.2
Customer understand that the Contractor has no control over the information offered by its partners, whether directly through the Contractors web site or through links provided on the Contractors web site.
4.5.3
Customer agrees that the Contractor has no responsibility for your use of any products or services for which information was obtained either directly from or via a link provided on the Contractors web site.
4.6
Other Terms
4.6.1
Customer understands that any products or services Customer uses that are provided by a third party are subject to an agreement between Customer and that third party. The terms of this agreement are not affected by, nor do not affect, Customers agreement for the use of third party products or services.
4.6.2
Excluding any products or services that the Contractor may provide to Customer under a separate agreement, Customer understands that these Terms of Use constitute the entire agreement between Customer and the Contractor.
4.6.3
If any of the provisions of this agreement are determined to be invalid by any court of law, then that provision will be removed from the agreement and the rest of the agreement will remain in force.
4.6.4
The laws of the State of Ohio shall govern this agreement and your relationship with the Contractor. To resolve any legal matter arising out of this agreement, Customer agree and the Contractor agree to submit to the exclusive jurisdiction of the courts in Clark County, Ohio.
5Quality
5.1
Quality Products and Services Guaranteed
5.1.1
The Contractor will make reasonable effort to ensure that Customer is satisfied with the quality of the Contractors Products and Services.
5.1.2
In order to ensure satisfaction with the quality of our Products and Services, the Contractor will, at its sole discretion and to the best of its ability, provide again the Contractors product or service with which Customer is not satisfied.
5.1.3
To report problems with the quality of our Products and Services, please send an email to the email address listed on their website. Customer may also call the Contractor at using the number on their website. Please include your name and the order number.
5.2
Products Damaged by Shipping and Handling
5.2.1
Customer understands that the delivery of the Contractors Products and Services requires a process of packaging by the Contractor or third-party and shipment to Customer via a third-party carrier. This process is referred to as “shipping and handling”.
5.2.2
The Contractor makes a reasonable effort to ensure that our Products and Services are delivered to Customer undamaged. The Contractor also understands that, despite its best efforts, the shipment and handling process can deliver our Products and Services damaged, in whole or in part.
5.2.3
The Contractor will replace our Products and Services that are damaged during shipping and handling, at no charge to you, in accordance with the following procedures:
5.2.3.1
Where possible, refuse to accept delivery of items that are obviously damaged. Ask the shipper to return the item to the Contractor.
5.2.3.2
Contact our customer service upon receipt of the damaged delivery. To contact the Contractors Customer Service and report problems with our Products and Services damaged during shipping and handling, please send an email to the email address listed on their website or a written notice to the Contractor at the address set forth at the beginning of this agreement. Customers may also call the Contractor using the number on their website. Please include your name and the order number. This will make it easier for the Contractor to resend your items.
6Billings and Payments
6.1
The Contractors Billings and Payments Are Done Electronically
6.1.1
The Contractor has developed and implemented billing and payment processes that leverage existing secure electronic payment systems.
6.2
Billings to Customer from the Contractor
6.2.1
Customer will be asked to present a valid credit or charge card for payment through our PayPal account. Orders for our products and services will not be processed without a valid credit or charge card.
6.2.2
The Contractor allows Customer make payments through PayPal either through an established account or signing in as a guest. The Contractors goal is ensure all transactions are processed in a secure fashion.
6.3
Refunds and Other Payments from the Contractor
6.3.1
The Contractor makes every effort to process refunds using the same payment system that was used for the original transaction. In most cases, this will be the credit or charge card that was used for the transaction.
6.3.2
The Contractor reserves the right to use alternative payment systems to process refunds and other payments when the Contractor, at its sole discretion, determines such alternate method to be more appropriate.