Terms & Conditions

 

REFUNDS

All eligible refunds by Duyu Photography will be processed via the original form of payment. 

In some circumstances where the client's card account is closed and wishes for funds to be returned via another platform then we will require
additional forms of ID and verification of the new account to prevent fraudulent activity. This is to protect both the cardholder and Duyu Photography.

We take chargebacks very seriously and any fraudulent activity will be investigated to the fullest extent of the law.
Chargebacks initiated by the client for ineligible refunds will be coordinated with our payment gateway and any fees incurred by Duyu Photography will be passed on to the client.  

 

It is always advisable to discuss with Duyu Photography first before initiating any disputes.

  All service charges are nonrefundable if notified for cancellation within 24hrs or later of confirmed date of service.
  Cancellations notified to us before 24hrs is refundable minus the nonrefundable deposit.
  All products physical or digital are nonrefundable unless they are faulty or not delivered. Refer to below for more detail.




DEPOSITS
 

We require a deposit of $75 for the job order to be confirmed.
This deposit is nonrefundable and is deducted from your balance.
Duyu Photography is not liable for auto cancellations of appointments due to non payment of deposits.
Once a deposit is received by us, we shall secure your appointment with the dates and times as agreed.  
The date of deposit required will be advised to the client in the quote depending on the proximity to the shoot date.

Quotes are guaranteed once deposits have been received by us and within the agreement of the original scope of the job order.
If the client wishes to change the scope or direction of the job order then Duyu Photography may or may not charge more dependent on how much extra work or process change is required. Both parties may terminate the job order if either party does not agree to the extra cost quoted or widened scope of the job.
The deposit will still remain nonrefundable under any circumstances.

 

BALANCE DUE PAYMENT

Services

 

Approximately 3 days before the photoshoot we will send you a balance payment due email to finalise the time and duration of the photoshoot session.

Clients are to finalise the balance 1 day or earlier before the photoshoot date.

If a photoshoot session goes over 20mins from the paid schedule then an hourly charge is applicable.
This is considered as overtime.


If the client requires a postponement of the date it is free to do so 1 day or more before the shoot date.

Cancellations 1 day or more before the shoot date will be refundable to the client for any payments minus the nonrefundable deposit of 50%.
If cancellation falls within 24hrs of photoshoot day full monies received are 100% nonrefundable.
Quotes are guaranteed once deposits or balance have been received by us and within the agreement of the original scope of the job order.

 

If the client wishes to change the scope or direction of the job order then Duyu Photography may or may not charge more dependent on how much extra work or process change is required. Both parties may terminate the job order if either party does not agree to the extra cost quoted or widened scope of the job. The deposit will still remain nonrefundable under any circumstances.


Physical Products for sale

All physical products for sale require full payment before being confirmed for delivery sendout.
Any physical products sold online or offline through Duyu Photography are nonrefundable unless the product is faulty or damaged during transit.
Faulty products will be fully refundable, exchanged or repaired dependent on the suppliers terms and conditions.
Duyu Photography is merely acting as an agent for the supplier.
Damaged products during transit will be passed on to the external courier service or insurance company for investigation and they will advise of the outcome in regards to compensation. We may also be informed of any updates from the external courier services or insurance company in regards to any compensation.

** Please note that due to mockup restrictions parts of the photo may be cut off from view online. Actual print may present a larger area dependent on the manufacturer. | 



Once full payment has been received we will send the clients purchased product the next working day under normal circumstances. If there is an issue in courier service or product availability, then we will notify the client of the next date the product will be sent for delivery unless the client wishes for a refund to which we will be happy to provide for the client.

If you wish to complete a warranty claim against a manufacturer please let us know and we can assist in this process with you. 

 
Note that you are provided with up to 30 days upon receiving the faulty product, to return the faulty product back to us. One time reimbursement of postage by Duyu Photography for the return of the faulty product to us. Please notify us immediately if you encountered an issue with delivery and quality of goods so that we can assist you in applying for a refund | exchange. 

Digital products for sale

If a client purchases a digital product such as a stock/licenced image for sale and full payment is received by us then the client will be sent an email with a link to download the image. All digital products are nonrefundable once purchased and downloaded.


Digital products are final unless the digital product received was not as described. 
Resolution of digital images for download ranges from approximately  3000px through to 9500px dependent on the picture capability. 
If you require specific specs we will check the image properties if its suitable and let you know asap.

 

 


RATES

At times we may update prices on the website for any product or service. We will not be liable for any rate changes to clients who have not already paid a minimum deposit for a service.

 


FINALISATION OF JOB ORDER
 

All photoshoots are captured as RAW images and will require editing to enhance the depth of the images and remove blemishes.
Images that have been processed will be ready for download within 3 days of the shoot.
We will provide a link for the client to download the processed images via a cloud service that will be advised at the time.
Under some circumstances the processing of images may take longer than 3 days depending on the current load of work or an emergency situation that may have caused a major disruption to services.

A minimum  of $65 fee surcharge may apply to urgent requests within 24 hours.

 


CLIENT APPROVAL
 

It is the responsibility of the client to ensure that an authorised representative is present during the photoshoot for the client. If no authorised representative is present, the photographer’s direction shall be automatically accepted by the client. Duyu Photography takes responsibility for ensuring that the images supplied to the client are of a professional standard and delivered in reasonable time.

Duyu Photography shall not take responsibility in the case where subjects are not prepared for the photoshoot. Preparation requires ample rest by the subject and looking their best for the photoshoot day. This extends to the subjects being on time for the photoshoot and any other external circumstances not related or controlled by Duyu Photography that may disrupt the appointment time and duration of the shoot. The subject is the clients' responsibility to ensure the photoshoot runs smoothly on the day. If there is a disruption to the appointment by the client/subject then Duyu Photography will still reserve the allocated time and may extend the scheduled finish time to accommodate for the lost time by the client. This will depend on Duyu Photography’s schedule for the day and may require extra charges as we reaccommodate other clients schedules for the day.

 

 

LICENSING AND COPYRIGHT
 

All images whether processed or RAW format will remain the property of Duyu Photography.
 

Under normal circumstances, upon receipt of full payment the client will be licensed to use the images for display on their website/social media or for promotional purposes of the clients business/nonbusiness interests in any form.
This is on the condition that the images are not sold by the client to any entities/individuals for any reason.
Permission and fee agreement is required to onsell the images to third parties.

 

Duyu Photography reserves the right to use any images from a photography shoot only to promote our portfolio across all digital and print mediums.
Duyu Photography will not sell any client images on to external parties, photography stock websites unless we ask the client for permission.


Unprocessed | RAW files:- Duyu Photography does not sell RAW images to clients on a normal licence. If a client wishes specifically for the RAW images then an ownership of copyright transfer is required with fee agreement. As a result, Duyu Photography will delete all RAW/processed files to meet its obligation of this ownership transfer. Please enquire with Duyu Photography if you require RAW files to be released to you. 

FINAL EDITS
 

After the photoshoot, Duyu Photography will proceed to edit accordingly and deliver via cloud storage within 3 days.
In general photo edits involve adjusting colors and any blemishes to make the photo spotless and smooth.


Work beyond the above process may require a reassessment of the scope of the job order and may include extra charges.
The extra rate will be advised at the time of assessment and the timeline will not be guaranteed but estimated only for completion.

The processed images will be ready for collection within three days.
 

**
 

 

NOTES for PHOTOSHOOTS:

** Definitions:- The first photoshoot hour of the job order starts from the time the client and
Duyu Photography agreed upon to start prior to the photoshoot day. It finishes on the time the client
and Duyu Photography agree upon on the photoshoot day.  


** All processed jpgs:

  2048 x 2048 resolution (let us know if you require different specs)
  Overtime for photoshoots will be due before the release of edited images.
  Its in the best interests of the client to always have their own backup of images after Duyu Photography has provided the collection.
  We do not guarantee that the images would be available again as backup after its release to the client.



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***  LICENSED IMAGES *****


ARTWORK


EXTENDED LICENSE | COMMERCIAL USE AGREEMENT

 

THIS LICENSE AGREEMENT GRANTS

 

The usage of the downloaded file authorized by Duyu Photography . 
 

 

 

End user License Agreement

  • Agreement: This License Agreement constitutes the legal agreement between Duyu Photography (the "Company ") and licensee ("you” or “End User") for the license to downloads and use a copyrighted content, including Content, graphics, animations, video, audio, GIF, text, URL, links, files or any other material available via the Site (collectively "Content") from the Company's website, available at: (the “Site”). By downloading any of the Content, you acknowledge that you understand and accept the terms and conditions of this License Agreement and that you agree to be bound by it.

  • The End User (You) confirms that by purchasing the right to use the Content, according to this License Agreement, End User meet the following:

    You are at least 18 years of age and have the legal competence to enter into this License Agreement.

    You will not use the Content in any way that is explicitly restricted, or otherwise not expressly permitted by this License Agreement.

    Information You provide to the Company is accurate and true, including without limitation all payment and billing information.

    Except as otherwise stated in this License Agreement, any Content purchased and downloaded from the Site will only be accessed and used by you for the purposes and term stipulated in this License Agreement.

  • License: subject to your compliance with the terms and conditions of this License Agreement, including your payment obligations, Company hereby grants you, a non-exclusive, world-wide, fully revocable, personal, non- commercial right and license to download the Content, store them locally in your personal computer and use them solely for one or more of the following purposes:

    Personal Use – single account: means that the use is restricted to you solely for your personal – non- commercial use, including a single printing of such Content. Such Personal use includes, home or office decoration, albums, prints and personal property, personal blogs or websites, both traditional and online, provided that personal publications will not cause you or any third party publication service providers to assume or deem the ownership or rights of the Content.

    Personal Use - Print: as stated, the License includes the right to print the Content so long as it is for your personal-non-commercial use.

    Personal Use - Digital: means that the use includes multimedia presentations like PowerPoint, Social Media and home video or broadcasting.

    Extended License: If you have chosen to purchase an extended license, any of the applicable licenses terms will be attached to this Standard License as Schedule A and shall be an integral part of this License Agreement.

    Restrictions: It is hereby clarified that the rights in the Content are licensed but are not sold to you. Similar rights in the same Content may be sold to others as well and are not exclusively provided to you. Except as provided explicitly in this License Agreement, you are not permitted to copy, sub-license, transfer, sell, resell, assign, reproduce, publish or make any other use in the Content. Without derogating from the generality if the aforesaid, you are strictly restricted from doing any of the following:

    No False Representation of Authorship and/or Ownership. You may not falsely represent that you are the original creator of a Content (in whole or any part thereof).

    Use any Content or any content included therein in a manner that might found to be offensive, abusive, false or deceptive, including but not limited to depicting an Content or an object within an Content in one or more of the following manners: (a) together with or in connection with pornography, adult material, adult entertainment, escort services, dating services, or any similar nature of usage; (b) in connection with the advertisement or promotion of alcohol or tobacco products; (c) in a political context, such as the promotion, advertisement or endorsement of any party, candidate, or elected official, or in connection with any political policy or viewpoint; (d) as suffering from, or medicating for, a physical or mental ailment; or

(e) engaging in immoral or criminal activities.

  • Use any Content, content or object in a defamatory, or deceptive context, or in a manner that could be considered libelous, obscene, or illegal.

    Use Content or content which is labeled as "Editorial Use Only" for commercial purposes.

    Use a Content or portion of which in any manner that infringes upon any third party's rights, including without limitation intellectual property right, or would give rise to a claim of deceptive advertising or unfair competition.

    Use any Content (in whole or in part) as a trademark, service mark, logo, or other indication of origin, or as part thereof.

    Falsely represent, expressly or by way of implication, that any Content was created by you or anyone which is not the creator or copyright owner.

6. Ownership and Intellectual property;


Any of the Content available under this License (including any Extended License) are owned by the Company or its licensors. Any right which is not expressly provided under this License Agreement is reserved by Company and/or its licensors.

 

7. Term and Termination;

  • Termination by the Parties:

 

This License Agreement shall be effective starting of the day of completing the purchase and until terminated by you or by the Company. You can terminate this License Agreement by stop using any of the Content, and by deleting or destroying any copies made pursuant to this License Agreement. The Company may terminate this License Agreement in any event where you found to be in violation of this License Agreement.

 

2. Termination by non-renewal:

 

In cases where your periodical subscription is not renewed by you, this License Agreement will be automatically terminated. In which case, any Content which is used by you shall remain in this use but shall not be copied or otherwise be used for purposes other than permitted in this License Agreement.

 

3. Cancellations and Refunds:

 

In cases where you wish to cancel a purchase and get refund for your non-used purchase, please send an email to support@duyuphotography.co and provide full details of your account and purchase. Company reserves the right to request further details from you to process any request if it deems it is necessary. You will be entitled to get a refund only: (a) upon no more than 14 days from the purchase; and (b) you have never downloaded and/or copy and/or used any of the Content; Please note, you will not be entitled for a refund in case of Content download.

 

8. Representations and Warranties;

  • Company’s Representations;

Company represents and warrants that it has the legal authorizations, rights and permissions to provide the rights provided under this License Agreement and to grant the licenses granted herein. Company will comply with applicable laws, rules and regulations with respect to the Site, the Content, and the licensees granted herein.

  • No Other Warranties; Except as provided herein, the Content or any related content are provided "as is" without representations, warranties or guarantees of any kind, either express or implied, including, but not limited to, implied representations, warranties or conditions of merchantability, or fitness for a particular purpose. Company does not represent or warrant that the content will meet your requirements or that its use will be uninterrupted, complete or error free.

    Your Representations: You hereby represent and warrant that:

Your download and use of any Content will be only pursuant to the license acquired by you and in compliance with any applicable laws, rules regulation and this License Agreement.

You have the full right and authority to use the Content. In the event that you do not have such authority, you agree that you will be personally liable to Company for any breaches of the terms of this License Agreement.

  • Indemnification; You agree to defend, indemnify and hold harmless the Company and its licensors (including parent, subsidiaries, affiliates, and each of their respective officers, directors and employees) from all damages, liabilities and expenses (including reasonable legal fees) arising out of or in connection with any breach or alleged breach by you (or anyone acting on your behalf) of any of the terms of this License Agreement.

    Limitation of Liability: COMPANY AND/OR ITS LICENSORS WILL NOT BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY PUNITIVE, SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL OR OTHER SIMILAR DAMAGES, COSTS OR LOSSES ARISING OUT OF THIS LICENSE AGREEMENT, EVEN IF COMPANY OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, COSTS OR LOSSES

11. General Provisions.

  • Assignment. This License Agreement is personal to you and is not assignable by you without Company’s prior written consent. Company may assign this License Agreement, without notice or consent, to any corporate affiliate or to any successor in interest, provided that such entity agrees to be bound by these terms.

    Audit/Certificate of Compliance. Upon reasonable notice, you agree to provide to Company or anyone on Company’s behalf, sample copies of projects or end uses that contain Content (or any other licensed

content), including by providing Company with free of charge access to any pay-walled or otherwise restricted access website or platform where content is reproduced. In addition, upon reasonable notice, Company may, at its discretion, either through its own employees or through a third party, audit your records directly related to this License Agreement and your use of licensed Content in order to verify compliance with the terms of this License Agreement. If any audit reveals an underpayment by you or unauthorized use of Content, then in addition to paying Company any underpaid amount, you also agree to reimburse Company for the costs of conducting the audit.

  • Jurisdiction and Governing Law. This agreement will be governed by the laws of the State of Australia without reference to its laws relating to conflicts of law. Any disputes arising from or related to this agreement shall be finally settled by the competent courts of Australia. Company shall have the right to commence and prosecute any legal or equitable action or proceeding before any court of competent jurisdiction to obtain injunctive or other relief against you in the event that, in the opinion of Company, such action is necessary or desirable for any breach of this License Agreement.

    Severability. If one or more of the provisions in this License Agreement is found to be invalid, illegal or unenforceable in any respect, the validity, legality and enforceability of the remaining provisions should not be affected. Such provisions should be revised only to the extent necessary to make them enforceable.

    No Waiver. No action of either party, other than express written waiver, may be construed as a waiver of any provision of this License Agreement.

    Entire Agreement. No terms of conditions of this License Agreement may be added or deleted unless made in writing and accepted in writing by both parties, or issued electronically by Company and accepted by you. In the event of any inconsistency between the terms of this License Agreement and the terms contained on any purchase order sent by you, the terms of this License Agreement will apply.

    Notice. All notices required to be sent to Company under this agreement should be sent via email to support@duyuphotography.co. All notices to you will be sent via email to the email set out in your order details.


 

Schedule A – License Extensions:
 

COMMERCIAL USE  |  EXTENDED LICENCE – DIGITAL/PRINT:

 

Company hereby grants you a non-exclusive, non-assignable, non-transferable, fully revocable license to download, locally store and use the Content, including by displaying, reproducing, printing (unlimited) and distributing as part of the following uses (closed list): advertising campaigns, marketing, business presentations or such documents or presentations you upload online, video, film, television broadcast, incorporate Content on websites (including Social Media Platforms), incorporate Content into software, including mobile apps, as background Content or splash screens, provided that the primary purpose of the software is not the display of Content and further provided that Content or any digital files containing the Content cannot be unincorporated from the software, use Content in e/Books, including multi seat license electronic textbooks.


1. Only one single campaign permitted. |
You cannot mix campaigns eg. merchandising and editorial. Each must have its own licence |
2. Merchandise permitted - unlimited copies. |
3. Modification of file permitted - dpi, size, resolution only. |
4. Must not be resold or sublicensed by you. |
5. Credit statement to Duyu Photography is required in the campaign. |
6. Copyright and ownership is retained by Duyu Photography. |
7. Editorial use or Personal use permitted:
- unlimited copies/prints as long as there is no financial gain / merchandise / commercial purposes. |
8. Image must not be used as the primary subject by itself eg. Canvas print. |
9. Reassigning to third party permitted only if agency to client. |
10. Any licensed Images strictly not to be associated or linked to material/merchandise/editorial that is offensive to race, religion, gender, hate, violence and other forms of discrimination and must not be of pornographic in nature or linked to it.
​​​​​​

 

Such use requires the use of the following prominent copyright notice along any Content: Duyu Photography.

 

PERSONAL USE - UP TO Unlimited PRINTED COPIES:

 

Company hereby grants you a non-exclusive, non-assignable, non-transferable, fully revocable license to download, locally store and print the Content/s up to unlimited copies for your personal non-commercial use, including for the purpose of printing the Content on top of physical products such as calendars, T-shirts, posters and mugs, all of which for personal use.

 

EDITORIAL - UP TO Unlimited PRINTED COPIES:

 

Company hereby grants you a non-exclusive, non-assignable, non-transferable license to download, locally store and use the Content/s including by publishing, displaying, reproducing and distributing up to unlimited copies for editorial use. In addition to the limitations and restrictions listed under Section 5 to the Standard License Agreement, the following shall apply:

 

Content used for editorial purposes shall include the following credit: Duyu Photography.

Content that is labeled as “Editorial Use Only” shall not be used for any commercial, promotional, advertising or merchandising use.

Content may be cropped, provided that the editorial integrity of the Content is not materially changes or compromised. Content shall not otherwise be rotated, altered, changed or tampered with, either manually or electronically, without the express written permission of the Company.

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