Terms and Conditions
The following terms and conditions will apply for any Services ordered from Natalia Ancora Photography (‘NA’). This agreement is made between NA and those ordering the Services (‘Client’). By ordering the Services Client agrees to be bound by these terms and conditions.
Subject to the terms and conditions of this Agreement, NA will provide the services of photography ("Services"). The Services will be provided on the date or dates agreed by the parties (“Date”).
2. Fees and Payment
2.1. The Client will pay NA the fees for the Services as agreed by the parties ("Fees").
2.2. Before any booking is confirmed, a deposit must be paid by the Client. The deposit is not refundable in the event of cancellation by the Client.
2.3. The remainder of the Fees will be due at latest within 7 days of the Date.
2.4. Without prejudice to any other rights or remedy NA may have, if the Client fails to pay the Fees by the dates due, NA may:
2.4.1. charge interest on the sum from the due date for payment at the annual rate of 3% above the cash rate from time to time set by the Reserve Bank of Australia; and
2.4.2. suspend all Services until the outstanding payment(s) have been made in full.
3.1. NA shall perform the Services specified with reasonable skill and care and use reasonable endeavours to supply the Services.
3.2. NA shall use reasonable endeavours to ensure that all milestones or deadlines agreed by the parties are met.
4. Client Obligations
4.1. The Client shall:
4.1.1. Co-operate with NA in all matters relating to the Services;
4.1.2. provide, in a timely manner, such information as NA may reasonably require in order
to perform the Services;
4.1.3. Ensure that the Client’s venue where the Services are to take place is in good
working order and suitable for the purpose of the Services; and
4.1.4. Obtain and maintain, unless NA has agreed to do so, all necessary licences and consents
necessary for NA to provide the Services in the venue in which the Services are to take place.
4.2. If NA's performance of its obligations under this Agreement is prevented or delayed by any
act or omission of the Client, its agents, subcontractors, consultants or employees, NA
shall not be liable for any costs, charges or losses sustained or incurred by the Client that arise
directly or indirectly from such prevention or delay.
Both parties shall keep confidential all aspects of the Agreement and information about the other party unless the information is required to be disclosed by law, already in the public domain or the other party has authorised in writing disclosure of specific information.
6. Intellectual Property Rights
6.1. Both parties agree that other than as outlined in this Agreement, neither party assigns or transfers any intellectual property rights to the other party.
6.2. The Client agrees and states that all materials and content provided to NA do not infringe or violate any copyright, trademark, patent or intellectual property rights of any third person or entity.
6.3. The Client agrees that NA may use the images taken as part of the Services on its website and for promotional purposes.
7.1. The Client will be liable for the Fees in full if it cancels on the Date, under clause 7.2, or if NA gives notice of termination to the Client pursuant to clause 7.3.
7.2. NA reserves the right to cancel this Agreement and/or to cancel the Services if it takes the view, acting reasonably, that the performance of the Services at the venue where the Services are to be performed poses a risk to the health and safety of NA's employees, contractors, event attendees or the general public.
7.3. Either party may give notice to terminate this Agreement in the event that the other:
7.3.1. materially breaches the Agreement and fails to remedy such breach within 30 days of notice given by the party not in breach to the other;
7.3.2. breaches the Agreement where such breach is not capable of remedy; or
7.3.3. goes into liquidation, receivership, administrative receivership, administration, becomes insolvent or ceases trading or a petition is presented for its winding-up or bankruptcy.
8. Loss or Damage
8.1. In no event will either NA be liable for (a) any loss of profit, loss of revenue, loss of contracts, loss of anticipated savings, loss of goodwill, loss of opportunity, loss of data, loss of reputation or loss of business, whether caused directly or indirectly; or (b) any indirect, punitive, incidental, special or consequential damages arising out of the Agreement; or (c) any damages in excess of the amount of the Fees. The foregoing disclaimers and limitations shall apply to the maximum extent permitted by applicable law and in each case whether based in contract, tort, strict liability or otherwise.
8.2. The Client will indemnify NA against all liabilities, costs, expenses, damages and losses (including legal fees) that NA may suffer as a result of the breach of this Agreement by the Client.
9. Force Majeure
Neither party shall be liable for failing to fulfil or for delaying the fulfilment of any of its obligations due to acts, events, omissions or accidents beyond its reasonable control including, without limitation, an act of God, compliance with any law or governmental order, rule, regulation or direction, malicious damage, civil commotion, military authority, war, armed conflict or terrorist attack, riot, fire, flood, or storm or other act, event, omission or accident beyond its reasonable control (each a ). The Client and NA agree that where a Force Majeure Event has occurred, without prejudice to other remedies, they will discuss in good faith how to resolve any resulting problems. Notwithstanding the foregoing, no party will be released from its obligations hereunder as a result of any event contributed to by the fault on the part of the party claiming Force Majeure nor will a party be released from its obligations hereunder due to the effects of a Force Majeure occurrence that could have been avoided or mitigated by the exercise of reasonable care and diligence on the part of the party claiming relief.
10. Entire Agreement
It is agreed by the parties that this Agreement forms the entire agreement between them. No change or any modification to this Agreement will be valid unless agreed in writing by the parties.
11. Sub-Agreements and Assignment
The Client shall not sub-agreement or transfer, assign, charge, or otherwise dispose of the Agreement or any part of it without the prior written consent of NA.
A failure by either party to exercise their rights under this Agreement shall not be a waiver of those rights.
If any provision or part-provision of this Agreement is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this clause shall not affect the validity and enforceability of the rest of this Agreement.
14. Law and Venue
This Agreement shall be governed by and construed in accordance with the laws of the State in which the Services took place. The parties submit to the exclusive jurisdiction of the courts of the State in which the Services took place.