Bloompress terms & conditions: Website & Social Media Content Creation

These Terms and Conditions ("Terms", "Terms and Conditions") govern your relationship with www.bloompress.com.au website (the "Service") operated by Bloompress ("us", "we", or "our").

Please read these Terms and Conditions carefully before using the Service.

Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.

By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.

PURCHASES

If you wish to purchase any product or service made available through the Service ("Purchase"), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information.

You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete.

By submitting such information, you grant us the right to provide the information to third parties for purposes of facilitating the completion of Purchases.

We reserve the right to refuse or cancel your order at any time for certain reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order or other reasons.

We reserve the right to refuse or cancel your order if fraud or an unauthorised or illegal transaction is suspected.

AVAILABILITY, ERRORS AND INACCURACIES

We are constantly updating our offerings of products and services on the Service. The products or services available on our Service may be mis-priced, described inaccurately, or unavailable, and we may experience delays in updating information on the Service and in our advertising on other web sites.

We cannot and do not guarantee the accuracy or completeness of any information, including prices, product images, specifications, availability, and services. We reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.

CONTESTS, SWEEPSTAKES AND PROMOTIONS

Any contests, sweepstakes or other promotions (collectively, "Promotions") made available through the Service may be governed by rules that are separate from these Terms. If you participate in any Promotions, please review the applicable rules as well as our Privacy Policy. If the rules for a Promotion conflict with these Terms, the Promotion rules will apply.

Payments

All individually quoted services in which do not fit into the ‘subscription’ or ‘hourly’ categories require a non-refundable 50% securing deposit for all that was quoted & accepted by the client. This covers all time, unforeseen challenges & the work required in getting started. Services will not commence until payment is made. Remaining payments are due upon completion of each service, ie: photography session payment, mentoring payment, social media planning payment.

SUBSCRIPTIONS

Some parts of the Service are billed on a subscription basis ("Subscription(s)"). You will be billed in advance on a recurring and periodic basis ("Billing Cycle"). Billing cycles are set on a monthly basis.

At the end of each Billing Cycle, your Subscription will automatically renew under the exact same conditions unless you cancel it or Bloompress cancels it. You may cancel your Subscription renewal either through your online account management page or by contacting Bloompress’ customer support team.

A valid payment method, including credit card or PayPal, is required to process the payment for your Subscription. You shall provide Bloompress with accurate and complete billing information including full name, address, state, zip code, telephone number, and a valid payment method information. By submitting such payment information, you automatically authorise Bloompress to charge all Subscription fees incurred through your account to any such payment instruments.

Should automatic billing fail to occur for any reason, Bloompress will issue an electronic invoice indicating that you must proceed manually, within a certain deadline date, with the full payment corresponding to the billing period as indicated on the invoice.

Should you wish, you may choose to make subscription payments via invoice each month. The invoice must be paid on time for the work to continue. Alternatively you may set up a automatic direct transfer monthly to ensure avoidance of late fees (see payment schedule).

CLIENT RESPONSIBILITIES

Bloompress is in no way liable or responsible for the sales of your businesses products & services, nor can we guarantee an increase in following and audience. We provide access to ongoing education, resources & tips on ways to better engage a following on the clients part.

All communications/correspondences are generally done via emails & phone. It is client’s responsibility to keep us updated with their relevant needs and briefings.

The client is fully responsible to ensure preparation is complete prior to arranged time of shoot & that they are ready for product / service / model to be photographed by time of arrival.

It is up to the client to arrange any models / props they require for the shoot. Our photographers expertise is best styling & shooting what you have provided for them to work with. With a visual eye, they work to get the best result & will direct accordingly.

If the client does not know where to begin with the search for an appropriate model, Bloompress will willingly & helpfully assist in this process. Bloompress cannot guarantee access to models, however we can assist in making the process smoother through recommendation or an existing network connection made through the business.

The onus is on the client to clearly brief Bloompress on business happenings month to month. Including but not limited to: expectations for month(s) ahead, new promotions / stock, changes in staff, any ideas / happenings in the general day to day of your business. We will assume nothing on your end has changed & the content scheduled ahead of time for release will remain unchanged unless otherwise informed.

If any extra work outside of arranged subscription tier is requested by the client, it will be charged accordingly as per our standard hourly rate. If requests continue for extra work on top of agreed subscription package, it is highly likely a higher price package would be more suitable for your business & will be recommended on our behalf.

Depending upon the functionalities required, there may be components such as Third Party Payment Gateways or SSL certificates involved in building a website/application. Any third-party component purchase costs (such as SSL, Payment gateway, Google Adwords, Plug-in licenses etc) are not included in our quotes. Bloom Creative Solutions will not be held responsible for any system/application errors from third parties.

Domain registration/renewal charges, website hosting and any other third party subscriptions are not included as a part of any project/proposal pricing unless mentioned otherwise. When required, payment will be made directly by client to third party domain service.

Clients must provide us with clear guidelines along with the specific details they may require. When such details are not provided, we will proceed with our understanding of the requirements. At a later stage, if a discrepancy arises, it may lead to additional costs to accommodate the changes & an increase in time before website is delivered. Thus, it is essential that you clarify every aspect of your website development and ensure that you have been quoted on the right requirements.

We operate in good faith and rely on our clients to disclose the full picture at the time of quotation. Any discrepancy arising due to unclear requirements will not be borne by Bloompress.

Bloompress will make every effort to complete the project/changes in the given timeframe. Reasonable delays are accepted if functionalities are redefined or modified.

Website content and all related materials need to be provided to us within the first two weeks of starting the project. Any delays thereafter may delay the project and may incur additional charges if it goes beyond reasonable timeframe.

PAYMENT SCHEDULE for ongoing subscriptions

Purchase of service requires the first payment instalment to be paid upfront. An automatic recurring payment will be withdrawn on the 1st day of every month thereafter. Failure to clear funds within 7 days will incur late fees of 10% and all work to be ceased until payment is made in full.

Content & mentoring session cancelations

Cancelations must be made with good reason (sickness, bad weather, emergency) at least 48 hours prior to the shoot or mentoring session.

TURNAROUND TIMINGS

Cancellation of a shoot requires 48 hours notice in advance. Upon cancellation the client will be required to rebook a preferred date. There may be limited availability due to other client bookings. Limited availability as a result of a cancellation may involve the client’s shoot rolling into the next billing period.

For content only packages: The Client shall receive all retouched images at an estimated delivery of if 24-36 hours after the shoot. The photographer may however inform the client of changes to delivery timings 48 hours prior to the shoot.

For any scope of work other than ongoing digital marketing management (monthly) a 50% deposit is required upon quote acceptance. After payment is received, work will then commence & you will have 2 weeks to provide all needed content. The remaining 50% is due within 14 days post-delivery of project. If final payment is overdue, you will incur further 10% penalty fee.

Website creation turnaround is within 60 days upon receiving all relevant content & information needed to progress to the website development faze.

Turn around for content only packages including once off & subscriptions, is within 14 days.

PACKAGE ESTIMATE

Package estimates are valid for 12 months from the date of purchase/quote.

REPRODUCTION OF WORK

Definition of photography usage rights as outlined in this service agreement is that upon purchase, the client has full rights to use images as they see fit for marketing, commercial & online use indefinitely. However Bloompress always reserves the right to full ownership of all content & imagery produced. The Client assumes rights to reproduce and display all work upon payment for the completed project.

The Photographer retains the right to make adaptations to the work and also personal rights to use the completed images for the purpose of photography competitions, publications on photography, educational purposes and marketing (this includes social media channels) of the photographer’s business. This may only occur after the images have been made publicly available.

Where applicable the Client will be given any necessary credit for usage of the images. The Client may credit the photographer by using @bloompress.

REJECTION/CANCELLATION OF PROJECT

The Client shall not unreasonably withhold acceptance of, or payment for their package. The Client shall bear all costs, expenses, and reasonable attorney’s fees in any action brought to recover payment under this contract or in which the photographer may become a party by reason of this contract.

Upon purchase of package the client agrees to the contract terms of the three month minimum commitment.

If prior to completions of the three month term, the Client requests a cancellation they will be required to pay out the balance of their minimum term.

Cancellation after the minimum term will require the Client to give their months notice in writing. The Client’s subscription will cease a month from the date Bloompress’ receives notice.

If a client wants to terminate service agreement & purchase all photography usage rights at commercial rates deemed by Bloompress & the general market. After purchase a digital link will be provided with every existing purchased image at a high resolution for download. Client will have two weeks to download all content before expiry of link.

FEE CHANGES

Bloompress, in its sole discretion and at any time, may modify the Subscription fees for the Subscriptions. Any Subscription fee change will become effective at the end of the then-current Billing Cycle.

Bloompress will provide you with a reasonable prior notice of any change in Subscription fees to give you an opportunity to either continue or terminate your Subscription before such change becomes effective.

Your continued use of the Service after the Subscription fee change comes into effect constitutes your agreement to pay the modified Subscription fee amount.

REFUNDS

Except when required by law, paid Subscription fees & any payments are non-refundable.

CONTENT

Our Service allows you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material ("Content"). You are responsible for the Content that you post to the Service, including its legality, reliability, and appropriateness.

By posting Content to the Service, you grant us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Service. You retain any and all of your rights to any Content you submit, post or display on or through the Service and you are responsible for protecting those rights. You agree that this license includes the right for us to make your Content available to other users of the Service, who may also use your Content subject to these Terms.

You represent and warrant that: (i) the Content is yours (you own it) or you have the right to use it and grant us the rights and license as provided in these Terms, and (ii) the posting of your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person.

Bloompress will endeavour to source information in terms of copywriting & blogging content from reputable & accurate sources that are relevant to the client’s business. However, Bloompress will not be held liable for any inaccurate information from these 3rd party sources.

Bloompress will provide references to information sourced from 3rd parties direct to the client for their information. Links + content will be provided prior to publishing.

ACCOUNTS

When you create an account with us, you must provide us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service.

You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service.

You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorised use of your account.

You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trade mark that is subject to any rights of another person or entity other than you without appropriate authorisation, or a name that is otherwise offensive, vulgar or obscene.

INTELLECTUAL PROPERTY

The Service and its original content (excluding Content provided by users), features and functionality are and will remain the exclusive property of Bloompress and its licensors. The Service is protected by copyright, trademark, and other laws of both the Australia and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Bloompress.

LINKS TO OTHER WEB SITES

Our Service may contain links to third-party web sites or services that are not owned or controlled by Bloompress.

Bloom Creative Solutions has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that Bloompress shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.

We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.

TERMINATION

We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.

Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service.

LIMITATION OF LIABILITY

In no event shall Bloompress, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorised access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

DISCLAIMER

Your use of the Service is at your sole risk. The Service is provided on an "AS IS" and "AS AVAILABLE" basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.

Bloompress its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.

GOVERNING LAW

These Terms shall be governed and construed in accordance with the laws of Australia, without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.

CHANGES

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.

CONTACT US

If you have any questions about these Terms, please contact us at hello@byjessi.com.