Terms and Conditions
This agreement applies as between you, the User of our Services and FLOGANZA Dubai, United Arab Emirates, the provider of the Services. Your agreement to comply with and be bound by these terms and conditions is deemed to occur upon your first use of our Services. If you do not agree to be bound by these terms and conditions, you should not use our Services.
§ 1 General
(1) FLOGANZA shall provide services in the field of photography. FLOGANZA shall provide all deliveries and services exclusively on the basis of these terms and conditions. These are an integral part of the respective contracts for services concluded with the Client.
(2) The Client's terms and conditions shall not become part of the contract.
(3) The basis for the contract is the respective offer from FLOGANZA, in which all agreed services as well as the remuneration are stipulated. These offers from FLOGANZA are subject to change and non-binding.
(4) The contract shall be concluded with the written placement of the offered order.
(5) "Photographs" within the meaning of these Terms and Conditions are all products produced by FLOGANZA, irrespective of the technical form or medium in which they were produced or are available.
The Client acknowledges that the photographic material supplied by FLOGANZA is a copyrighted photographic work within the meaning of UAE Federal Law No.7 of 2002and other copyright and intellectual property protection laws.
(6) In the case of photographs of persons and objects in which third party copyrights, property rights or other rights of third parties exist, the client shall be obliged to pay the costs incurred for the production of the photographs.
(7) In the case of photographs of persons and objects in respect of which third party copyrights or other third party rights exist, the client shall be obliged to obtain the consent of the persons depicted and the holders of the rights required for the production and use of the photographs.
(8) The Client is advised that images are always subject to FLOGANZA' artistic scope of design. Complaints and / or notices of defects with regard to the artistic scope exercised by FLOGANZA, the location of the photograph and the optical and technical means of photography used are excluded. Subsequent requests for changes by the client require a separate agreement and commissioning and shall be remunerated separately.
(9) FLOGANZA selects the pictures to be submitted to the client for approval. These services are to be checked by the client and confirmed in writing or by payment of the fee.
(10) FLOGANZA and his agents shall be granted reasonable breaks including meals during a shooting.
(11) FLOGANZA shall not be obliged to permanently archive the photographic material unless expressly agreed otherwise in writing. Original files, such as RAW files, shall remain with FLOGANZA. They shall only be handed over to the Client if a separate written agreement has been made.
§ 2 Copyrights, rights of use, self-promotion
(1) The photographer shall be entitled to the exclusive copyright to all photos taken within the scope of the respective order. Copyrights are not transferable copyright law, copyrights are not transferable. FLOGANZA shall obtain from the photographer the exclusive right of use for all types of use, whether known or unknown.
(2) FLOGANZA shall transfer a non-exclusive right of use to the photographs to the client in each case. This includes exclusively the private, non-commercial commercial use. Any alteration, further processing (e.g. by photo composing, montage or by electronic means for the creation of a new copyrighted work) of the photos supplied requires the express permission of FLOGANZA. The same applies to the passing on of rights of use to third parties, which the Client is generally not permitted to do.
(3) A commercial/industrial use of the photographic works afterwards - in whatever form - by the client himself or by third parties may only be made with the prior written consent of FLOGANZA. This shall also apply to image files which have been digitally or otherwise modified or digitally or otherwise altered or alienated.
(4) The rights of use to be transferred shall not pass to the client until the agreed fee has been paid in full.
(5) If the photographer grants permission to use the photographs, he/she may demand to be named as the as the author of the photograph. If he/she exercises this right, the infringement of the right to be named shall entitle the photographer to compensation.
(6) The Client shall only receive edited photographic material in high resolution in JPG format. The delivery of unedited, digital raw data (RAW) is excluded. The storage of the digital image data is not part of the order. The storage is therefore without guarantee. The minimum number of photographs is determined by the confirmation of the offer.
(7) Individual deviations from the rights of use and copyrights and special conditions for persons of contemporary history must be agreed in writing.
§ 2 Copyrights Policy
This copyright policyapplies to www.floganzaubai.com operated byFLOGANZA of Palm Jumeirah, Dubai, United Arab Emirates.(“we”, “our”or “us”).
This is a statement of FLOGANZA`copyright and its policy and guidelines relating to use of copyright owned by FLOGANZA.
For purposes of this document, references to copyright or marks include all trade and images and logos owned by FLOGANZA Projects operating as trading as entities managed by FLOGANZA fall within this copyright policy.
FLOGANZA`copyright, images and logosrepresent intellectual property rights owned by FLOGANZA and as such are valued assets of FLOGANZA
Any licensed use by you of an FLOGANZA copyright must be authorised by applicable law without a license and requires proper acknowledgment and strict compliance with the below Guidelines. Any other use of an FLOGANZA copyright requires an appropriate license agreement. Requests for a copyright license may be submitted to us. By using any FLOGANZA copyright, you are acknowledging that FLOGANZA is the sole owner of the copyright and agreeing not to interfere with FLOGANZA` rights in the copyright, including challenging FLOGANZA` use, registration of, or application to register such copyright.
You agree that you will not harm, misuse, or bring into disrepute any FLOGANZA copyright and that the goodwill, if any, derived from your use of any FLOGANZA copyright exclusively inures to the benefit of and belongs to FLOGANZA You may not use any FLOGANZA copyright in metatags, search fields, hidden text, or any other form that has the purpose or effect of diverting or confusing consumers without FLOGANZA's prior written permission.
Other product names or copyrights, including those appearing on FLOGANZA` websites, that are not owned by FLOGANZA are for identification purposes only and may be the registered or unregistered copyright of their respective owners. No license or right is granted by FLOGANZA by implication, estoppel or otherwise to any such third party names or copyright or to the FLOGANZA copyright hereby.
DMCA and UAE Federal Law No.7 of 2002
We take the intellectual property rights of others seriously and are asking our users and visitor to do the same. FLOGANZA, prides itself to be in full compliance with the Digital Millennium Copyright Act (DMCA), the UAE Federal Law No.7 of 2002and other copyright and intellectual property protection laws.
If you own a copyright or if you are officially acting on behalf of a copyright owner and want to report a claim that a copyright is infringed on or through our website, please send us a notice outlining the following to the email address below.
· A description of the copyrighted work that you claim is being infringed;
· A link or the URL or other location of the material you claim is infringing;
· Your name, address, telephone number, and email address;
· An electronic or physical signature of the owner of the copyright or a person authorised to act on the owner's behalf.
Please also include the following statements:
· “I have a good faith belief that the use of the copyrighted material I am complaining about is not authorised by the copyright owner, its agent, or the law”
· “The information in this notice is accurate and, under penalty of perjury, I am the owner, or authorised to act on behalf of the owner, of the copyright or of an exclusive right that is allegedly infringed”
Our Email address for Notices isin
Please note the following:
We are regularly monitoring this email inbox and will be reviewing your submission within 24 hours and notify you of the outcome or in some cases request further details. This typically includes the time it takes to action your request.
Questions
Should you have any questions in regard to copyright, please contact us.
§ 4 Remuneration
(1) For the production of the photographs, a fee shall be charged as an hourly rate, daily rate or agreed flat rate including the statutory value added tax and plus travel expenses, if any.
(2) Due invoices shall be paid. Until the purchase price has been paid in full, the photos supplied remain the property of FLOGANZA.
(3) If the time allotted for the execution of the order is substantially exceeded for reasons for which FLOGANZA or his agent is not responsible, or if the client requests that this time be or extended at the request of the client, the fee of FLOGANZA, if a lump sum price based on a time frame was agreed upon, shall be increased time frame was agreed, shall be increased in accordance with the additional time required. If a time-based fee has been agreed, FLOGANZA shall also receive the agreed hourly or daily rate for the waiting time, unless the Client proves that FLOGANZA has not incurred any damage.
(4) A deposit of 20% is due upon signing of the contract. Only upon receipt of the amount by FLOGANZA shall the dates stated in the contract be deemed booked. If the advance payment is not received on time, FLOGANZA is not obliged to carry out the order. The deposit of 20% is non-refundable.
§ 5 Liability / Transfer of Risk
(1) The Photographer shall be liable for damages of any kind whatsoever in connection with the performance of the contract for himself and his agents only in the event of intent or gross negligence. This does not apply to damages resulting from injury to life, body or health as well as from the breach of essential contractual obligations, which caused by him/ her or his/her agents through culpable breach of duty.
(2) FLOGANZA shall only be liable for damage to or loss of the digital image data in the event of intent and gross negligence.
(3) FLOGANZA shall not be liable for damage, defects or loss caused by subcontractors or suppliers who provide their services on their own account.
(4) Delivery dates for photographs are only binding if they have been expressly confirmed by FLOGANZA. FLOGANZA is liable for exceeding the deadline only in the case of intent and gross negligence.
(5) FLOGANZA and awarding of bookings to FLOGANZA, as well as the execution, shall be carried out with the utmost care. FLOGANZA shall not be liable for any damages or consequences resulting therefrom.
(6) Complaints of any kind must be received by FLOGANZA within 2 days after delivery of the pictures. After expiry of this period the pictures shall be deemed to have been accepted in accordance with the contract and free of defects.
(7) Delivery dates for pictures are only binding if they have been confirmed in writing by FLOGANZA. FLOGANZA shall only be liable for exceeding the deadline in the event of intent.
§ 6 Final Provisions / Severability Clause
(1) The law of the United Arab Emirates shall apply exclusively.
(2) Subsidiary agreements to the contract do not exist and, if subsequently desired, must be in writing to be effective.
(3) Should a provision of these terms and conditions be or become invalid, or should the terms and conditions contain a loophole, the legal validity of the remaining provisions shall remain unaffected. In place of the invalid provision, a valid provision shall be deemed to have been agreed upon which is the economic intentions of the parties; the same applies in the event of a loophole.
§ 7 Refund Policy
This copyright policyapplies to the Photography Services provided byFLOGANZA Dubai, Dubai, United Arab Emirates.(“we”, “our”or “us”).
Our goal at FLOGANZA Dubaiis your complete satisfaction with your purchase and that you are satisfied with your purchases.
Photographs taken and sent to you
Due to the nature of digital photography and the fact that photographs, once sent, cannot be returned. Thus, we have a strict NO REFUNDS POLICY. If you have selected and purchased an incorrect photo, you should notify us and we will do our very best to send you the correct photograph. Please note that refunds will NOT be given is you simply “don't like”, or any other reason, a photograph that you have previously selected and already received. If you in the unlikely event that we have made a mistake, have received a photo which was not selected by you and as documented on the invoice, we will send you the correct photo free of charge.
Upon booking your photo shoot
Technical Issues, bad weather and unforeseen circumstances
In the case of camera failure, inclement weather, or any other unforeseen incident that prevents us from shooting on the scheduled date you will be edible to rebook your photo shoot or in certain situations at our discretion receive a refund of 80%, however rebooking the shooting is considered the preferred method.
No show and non-attendance
No refund will be given under any circumstances if you fail to attend the session on the day and at the time listed, when the booking was made.
Rescheduling your photo shoot
If you need to reschedule your photo shoot, please let us know as soon as possible and no later than 7 days prior your photo shoot to see if we can move your photo shoot to a different day or time. You may risk losing your booking fee of 20% if your date has been in high demand or if you do not reschedule.
Cancellation
◦ 100% non-refundable if cancelled within 24 hours before the photoshootfor the individual package and 48 hours before the photoshoot for the Group package.
◦ 80% refundable till 24 hours before the photoshoot for the individual package and 48 hours before the photoshoot for the Group package.
◦ Deposit of 20% non-refundable.
When booking your photo shoot
Since we provide non-tangible irrevocable goods and services, we do not issue refunds once the session or event is booked. Upon booking you agree to reserve the time and date of services along with a non-refundable, non-transferable reservation fee equal to 20% of the total photography fee. No date is reserved until the fee is received. The balance due for the services must be paid in full no less than 24 hours before the event date. In the event that you fail to remit payment as specified, we have the right to immediately terminate our Agreement without further obligation, retain any monies already paid, and not attend the photo shoot. However, we realise that exceptional circumstance can take place and based on individual circumstances different arrangements may at our sole discretion be made.
Exchanges
Photographs taken are considered a custom product and therefore there are no refunds/returns or exchanges unless a defect or damage during shipping or transfer is evident and reported within 48 hours from the date the photographs was received.
Questions
If you have any questions, please contact us.