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Please read the following terms and conditions very carefully as your use of the Website and associated Services (as defined below) is subject to your acceptance of and compliance with the following terms and conditions including the applicable policies which are incorporated herein by way of reference and as amended from time to time (the "Terms").
In these Terms, references to "You" or "User" or "Buyer" or "Customer" shall mean the end user accessing the Website, its contents or using the Services offered. "Services" means a collective reference to the photography service provided by Matrimony.com Limited ('MCL') or through third party Service Providers. "Service Providers" mean independent third party service providers, and "we", "us", "our" and its affiliates.
This Agreement for photography services is only for the list of events & services specifically listed in the order. Any additional service request by you will be on chargeable basis. MCL will undertake the agreed service only on the scheduled date as agreed and specified in the order.
2. Payment terms.
( a ) You will have to pay 25% of the order value as advance to MCL. Your order shall be considered as executable only on receipt of the advance of 25% of the order value
( b ) 50% advance of the order value as mentioned in the order to be paid prior to 10 (ten) days of event. MCL shall allocate Photographer / Videographer to you only on receipt of 75% of the order value.
( c ) Balance 25% shall be paid to MCL at the time of providing album design.
( d ) The order value shall be inclusive of Taxes as applicable as on date.
( e ) Orders in respect of events happening in different cities/ towns of the same state or different states shall be taken at the discretion of MCL. Additional charges of Rs,2000/- ( Rupees Two Thousand only) for events happening in different cities/towns of the same state shall be paid by you.
( f ) Additional charges of Rs.1000/-( Rupees Thousand only) shall be paid for event in Dates separated by 24 hours.
3. Product delivery :
( a ) Raw photos & edited video in pen drive" shall be delivered to your address mentioned in the order within 10 ( Ten) working days after the completion of the last event mentioned in the order. On receipt of Raw Photos, you have to provide the photos for designing the Album. In case of confirmation of photo selection beyond 30 ( Thirty ) days, you shall be levied additional charges and you shall provide to MCL, the original footage handed over to you for selection of photos and album design. Further MCL shall not be liable for any delays in delivery of the Photo Album and the availability of event footage.
( b ) Photo album shall be designed and delivered in 10 ( Ten) working days post receipt of photo selection from you and Payment of the balance 25% of the order value. If there are any changes in design of the album by you, then the album shall be shipped within 7 ( seven) working days from the receipt of such intimation of changes.
( c ) The photo album/video (CD/pen drive) will be dispatched to your address as stated in the order.. MCL will not accept liability for loss of goods (photo album/video (CD/pen drive) dispatched if there has been a change of address and you have not given notification of this by phone or e-mail or in writing which has been acknowledged by MCL at their registered office address at 94, TVH Belciaa Tower-2,10th Floor, MRC Nagar, Mandaveli, Chennai 600028. In the case of un-notified delivery address changes MCL will request an additional fee to re-process the delivery of photo album/video (CD/pen drive) and re-deliver the photo album/video (CD/pen drive).
4. Cancellation Terms
( a ) If you cancel the order within 3 ( three ) working days after paying the advance of 25% of the order value, MCL shall pay you the refund of the amount paid by you.
( b ) If you cancel the order i.e. after 3 (three) working days of booking the order, then MCL shall pay 50% of the amount paid by you.
( c ) If you cancel the order one week prior to the event, then you shall not be entitled to any refund.
( d ) The amount paid for photography & videography services are not transferrable to any other product or services provided by MCL.
5. Change of date of event
If there is any change in the date of the event, then changes in date can be made only if a new date is provided by you at least 21 ( twenty one ) days before the event which will be subject to the discretion of MCL.
6. Accommodation for Photographers/Videographers overnight stay.
Accommodation to be provided by you at the event venue in case of previous evening reception and early morning muhurtham before 6 am.
7. MCL can revise the price periodically and all future orders including additional services not mentioned in the order shall be charged at the prevailing price only.
If photographer/videographer is able to accommodate alternations requested by you, then additional charges may be requested to reasonably cover additional costs incurred or additional working hours undertaken in order to accommodate the requested changes. Additional charges for travel may be made in cases where free travel was or was not included in the original coverage booked. Additional charges may be made for increased working hours in cases where an estimated finishing or starting time for the booking date had been previously agreed by MCL and you. However the discretion of MCL to accept the alterations is final.
9. Event hours
In terms of photographic/video coverage provided and hours worked by the photographer/videographer for the event, the coverage and hours worked shall be deemed to be detailed in Terms and Conditions. A full day's coverage will be deemed to be no more than continuous 6 (six) hours of work by the photographer/videographer. Additional hours will be charged extra.
10. Limitations of coverage
You agree that for booking, which involves religious place (like church/temple/mosque etc.) the photographer/videographers (as the case may be) may have the following limitations:
( a ) Movements are sometimes restricted by the management of the religious places. The area from which MCL are able to cover the ceremony may not be of the photographer/videographer's choice and the photographer/videographer's (as the case may be)/MCL cannot accept responsibility for any obstructed view or reduced image quality should this be the case.
( b ) The use of photography/videography equipment may sometimes be restricted/ forbidden during the ceremony by the management of the religious places, for the use of flash photography/videography. Consequently the photographer/videographers (as the case may be)/MCL accept no liability for the reduced quality of images should this be the case.
( c ) You accept the responsibility for discussing their requirements for photographic/videographic coverage of the event/ceremony with the management of the religious place or the organisers of their ceremony and will not hold the photographer/videographers (as the case may be)/MCL liable for any restrictions placed on photographer/videographers (as the case may be)/MCL by the organisers or the management of the religious place which result in the photographer/videographers (as the case may be) being unable to take photographs or being unable to take the same quality of photo/video as would normally be the case in unrestricted circumstances. The above restrictions shall also apply to any place or wedding hall or venue which place similar restrictions as mentioned above in this clause.
( d ) Photographer / videographer / MCL will not be held responsible for any ruined photographs due to guests, or any other flashes, or any other ruined photographs/video recording due to any other cause outside MCL's or photographer/videographer control.
( e ) The photographer/videographers /MCL cannot be held responsible for any lack of coverage for photo/video shoot due to the bride, groom or other members of the wedding party not being on time, to the concerned religious place, register office or wedding hall.
( f ) The Photographer cannot be held responsible for any personal accidents during photographic shoot.
( g ) Due to a variety of lighting conditions and the limitations of professional film or digital capture, some colors may alter slightly throughout a set of photographs. Please note that certain colors do not reproduce exactly on photographic film or paper and the photographer/videographer will not be liable if this is the case.
( h ) For a wedding or other occasion booking photographer/videographers (as the case may be) arranged through MCL shall endeavor to capture all the moments throughout the time of the booking as they occur. However, because of the nature of the event, as a one off, some unforeseen moments might not be recorded and you will not hold the photographer/videographers/MCL liable for this.
( i ) You agree that the color dyes in the photographs may fade or discolor over time due to improper maintenance exposure to moisture, and you hereby release MCL from any liability for any claims whatsoever, based upon the fading of the discoloration due to such circumstances/events.
( j ) The photographer/videographer will capture as many family/friends shots as possible in the time frame given but cannot be held accountable by you, family/friends in respect of shots missed for whatsoever reason.
( k ) You have to provide necessary stable electric connectivity at the venue for proper functioning of equipments used for coverage of event.
11. Third Party engagement.
MCL may engage third party for preparing the album and video, carryout limited professional photo correction (if technically possible), which includes red eye removal, color correction, blemish removal. It is understood that if a technicality prevents such third parties so engaged by MCL from performing image correction, or if a technicality prevents the final result to meet your requirement, then you will reconcile with the fact that such third party / MCL have performed to the best of their ability with regard to the specific task and that such third party / MCL shall have no further responsibility towards said photo/video correction. For Wedding photos MCL through third party shall do color enhancement. No manipulation of digital imaging (ex. Add more hair, slimmer body/face, straighten arm or leg position, tattoo removing, make up editing, etc.) shall be done either by MCL/third party so engaged by MCL.
12. Substitute Photographer
If the photographer/videographers (as the case may be) so nominated by MCL is unable to attend the wedding due to illness or any other unforeseen circumstances preventing his attendance, then in such circumstances, MCL shall arrange for a suitable replacement photographer/videographers (as the case may be) unless the same is not possible due to Force Majeure Events.
13. Your Responsibility
( a ) You are responsible for the conduct of your guests. You will direct all other service providers (florist, DJ, caterer, etc.) to provide any needed information and cooperation to the photographer/videographer. Coordination with other service providers is necessary to complete all the photography sessions as scheduled. You should share the photography/videographer schedule with other service providers to make sure that there is no conflict in times. In addition, events during the wedding day/event day should be planned to make the best use of time.
( b ) Neither the photographer/videographer / nor MCL will tolerate verbal or physical abusive language /behavior while rendering the Service, nor will photographer/videographer share their time or compete with guest photographers for their attention of the subjects. Unchecked guest conduct that interferes with photographer /videographer work at occasion may seriously affect the quality of the photographs/videos taken and increase the number of times photos must be re-taken. If you are unable to control the conduct of their guests, resulting in an unacceptable degree of misconduct, or if the conduct of any of their guests damages the equipment of the photographer/video camera, the same will result in the early or immediate departure of the photographer/videographer. You understand that in such an event, no refunds will be granted and MCL/ photographer/videographer retain their right to sue you for damages, if any.
14. Once you have paid the fees for services in full, MCL/ photographer/ videographer grant You the rights to use the materials provided including but not exclusive to photographic images, designs and slideshows/videos for their own personal use. Please note Commercial usage is excluded from this agreement and a separate agreement must be made with the photographer/videographer/MCL for commercial use of the materials supplied. Commercial use include use to promote any form of business or organisation. You agree not to use the final photographs / video images to any third party for advertising or other third party promotional events without prior written permission from the MCL.
15. You hereby agree to grant MCL full artistic license in relation to the poses and location photographed/videographed. The photographer/videographer's (as the case may be) judgment regarding the location, poses, number of photographs /video shoots, shall be deemed to be correct. You shall authorize MCL to verify and approve photographs on his behalf.
16. MCL retains the copyright of all images taken and may be used for advertising, competitions or promotional purposes at the photographer/videographer / MCL discretion. You hereby agree that MCL shall have the right to use such photos, videos and/or films in any medium of communication (including, without limitation, print, press, internet (including websites, social media) or any multimedia medium) and in any reasonable manner as MCL may decide in its sole discretion, without any restriction or limitation whatsoever. MCL shall ensure that such use of Yous and their guest image photo, video and/or film shall be free from any vulgar, obscene, misleading, defamatory, derogatory or libelous depiction of the persons visible in such advertising, competitions or promotional campaign. You agree not to use the final photographs / video images to any third party for advertising or other third party promotional events without prior written permission from the MCL.
17. You agree and understand that no one other than MCL or any designated third party of MCL is permitted to edit any photographs provided by MCL, unless MCL grants written permission for the same.
18. All print and presentation sizes quoted are approximate and subject to the discretion of MCL. Although all equipment is checked regularly by photographer/ videographer, they will not be responsible for photographs that are not produced due to technical failure of any kind, either at the shooting or processing stage.
19. In the unlikely event of total or part photographic/video-graphic equipment failure, hard drive failure, memory card failure, theft, death, injury or illness, accident, act of public enemy, enactment, rule or order or act of government, or other unforeseen circumstances beyond the photographer/videographer's control, such act or omission or event being deemed an event of force majeure, the photographer/videographer / MCL liability shall be limited to a full refund of all moneys paid and the photographer/videographer/MCL shall not be responsible for other compensation, damages including but not limited to consequential damages, indirect damages, remote damages, emotional loss, mental agony, or otherwise.
20. The photographer/ videographer will give suggestions for location photographs/ videographer if requested by you but will not be liable for the guarantee of the use of the location nor the conditions of the location including any charges for use of such locations.
All or any dispute arising hereof between you and MCL shall be subject to the courts jurisdiction at Chennai.
Any dispute or difference arising out of this Agreement, the construction of any provision of this Agreement or the rights, duties or liabilities of the Parties hereto under this Agreement, shall be settled amicably through mutual discussion between the Parties within ten (10) days, failing which the same shall be referred to adjudication by way of arbitration in accordance with the provisions under the Arbitration and Conciliation Act, 1996 (as amended), to be adjudicated by sole arbitrator nominated solely by MCL, and the venue, seat and or place of arbitration shall be Chennai. The award will be enforceable by decree of any competent court in Chennai. Language of Arbitration to be in English. Either Party may initiate arbitration on an issue by tendering Fifteen (15) days notice to the other Party. The non-prevailing Party will pay the arbitration fee and cost incurred by the other / prevailing Party. The arbitration proceedings shall be in English. Any award made in such arbitration will be final and binding on the Parties.
( a ) This agreement is subject to force majeure thereof due to act of god or act of war or any natural calamities or any promulgation of an act of the Government or statutory authorities.
( b ) Unless otherwise provided in this Agreement, any payment made by you to MCL is/are non-refundable and non-transferrable.