TERMS OF SERVICE
This Terms of Service were last modified 16.09.2024 and has only English version.
ABRAKADABRA Photodesign (full name ABRAKADABRA Photodesign Kristinova) is own and operated by Vera Kristinova as a sole proprietorship. The business was established in October 2022 and is located in Ålesund, Norway.
Acceptance of Terms of Service
By using services of Abrakadabra Photodesign, you accept and agree to be bound by the Terms of Service. In addition, when using AP's services, you shall be subject to any posted guidelines or rules applicable to such services. Any participation in these services will constitute acceptance of the Terms of Service. If you do not agree to abide by the above, please do not use services of Abrakadabra Photodesign.
1. ABRAKADABRA Photodesign (AP) Services
AP offers the following services:
i) Photographing, with the main focus on lifestyle photography.
ii) Creating design photo items in digital form – photobooks, photocalendars and photocollages (for example photocards or photoposters);
iii) Editing and manipulating of photographs digitally. This service is bound to service i) and ii);
iv) Printing of photo-items with delivery to an address specified by the customer via CEWE photoprogram. This service is bound to creating photo-items in digital form as stated in ii).
v) Printing of digital photographs from photoshoots as stated in i) via LUNDEBY Foto photoservices.
AP uses third-party free or licensed programs that are intended for editing and manipulating photos, creating photo-items, and printing (CEWE, Adobe Lightroom & Photoshop) and third party photo-services (CEWE, LUNDEBY Foto). AP uses a third-party licensed on-line sharing platform ("cloud") for sharing and sending large amount of data (such as edited photographs and pre-views of photo-items) to the customer (Dropbox).
Visit www.cewe.no / www.dropbox.com / www.adobe.com / www.lundebyfoto.no for more information about the services of these third parties.
2. Disclaimer
AP website, AP's social media profiles, AP’s documents downloadable from AP websites, or AP's emails may contain links to other websites that are not owned or controlled by AP. AP therefore cannot assume responsibility for the content or general practices of any of these third-party websites and/or their services and practices. Therefore, AP strongly advises you to read the terms and conditions and privacy policy of any website that you visit as a result of following a link that is posted on AP's website, AP's social media profiles, and any document or email sent to you by AP.
All of the content presented on AP's website, AP's social media profiles, and AP’s documents is edited, checked, and verified for accuracy and safety as much as it is possible to do so. However, AP cannot guarantee either the accuracy or safety of the content and any external links as stated above. AP can therefore not be held responsible for any problems or damage that occurs as a result of making use of any content and information contained on AP's website, AP's social media profiles, and AP’s documents and emails, and external links.
3. Personal data and privacy policy
AP handles all personal data (contact information, personal information, and photos) obtained from you confidentially and such information will never be distributed to a third party, and it will never be publicly visible without your written consent. Personal information and digital photos obtained from you will be used solely for creating photo-items and photoediting associated with it and will not be used for AP’s marketing or any other purposes without your written consent. Your contact information will be used solely for communication, invoicing and shipment of photo-items or photoprints and will not be used for any other purposes. You agree that AP uses your contact information for shipment of photo-items or photoprints via CEWE photoprogram and LUDEBY foto, and invoicing via Conta accounting platform.
Third parties that AP uses to operate own services (CEWE, Dropbox, Adobe, Lundeby Foto, Conta) have their own privacy policies when it comes to upload and storage of photos and handling sensitive data over which AP has no control or influence. You are strongly advised to read privacy policies of these third parties before using AP’s services. Visit www.cewe.no / www.dropbox.com / www.adobe.com / www.lundebyfoto.no / www.conta.no for more information.
4. Communication
The communication between AP and you is by email, phone or social media (f.e. Messanger and Instagram). Any documents issued by AP will be in digital form (pdf, word, jpeg, web-side) and will be sent to you by email. Larger amount of data will be sent via a confidential Dropbox link provided by AP. Each assignment will be specified by AP in a non-commitment offer by email. In case of any delays or changes, you will be informed by email, phone text messages, social media messages. You are advised to check your email/messages regularly, including spam folder.
5. Lifestyle photoshoot
To execute a lifestyle photoshoot, a legal contract (Photography Services Agreement - PSA) signed by both the photographer and the client prior to the photoshoot is mandatory; this applies for both regular photoshoots and so called "model call" photoshoots. The PSA will be send by the photographer and clarifies:
- Involved parties
- Scope of work (among others the time, duration and place for the photoshoot)
- Fees and cancellation policy
- Work product
- Purchase and payment
- Copyright, print release, authorship
- Photographing children and pets
- Indemnification clauses
- Duty of Client
- Exclusivity
- General model release
- Additional notes
- Client's statements
6. Fees and cancellation policy
You have the right to cancel any assignment of creating a photo-items before half of the agreed delivery time has elapsed without any charge. After that AP will charge 50% of the price for creating the photo-item as a compensation fee.
Upon signing the PSA for a photoshoot, the photographer agrees to not advertise availability of the time slot to any other potential clients and reserve the time slot for the client. The client has the right to terminate this agreement for any reason without any fee more than 72 hours (3 days) prior to the photoshoot. If the client cancels the photoshoot for any reason less than 72 hours (3 days) prior to the photoshoot, the client agrees to pay the photographer a compensation fee of 2000,- NOK. If the client wishes to postpone the photoshoot instead of cancelling, no fees will be charged. However, the client agrees to postpone maximum 3 times within a period of 1 year from the first photoshoot. If the client fails to attend the third postponed photoshoot or exceeds 1 year, the photoshoot will be regarded as cancelled with a compensation fee of 2000,- NOK to the photographer, and this will also terminate the PSA. Each postponing has to be agreed upon in writing.
7. Upload and storage of photos for photo-items
AP accepts receiving photos from the customer for creating a photo-item only digitally, i) uploaded via a confidential Dropbox link provided by AP, or ii) by email (in case of single photos, not a large batch).
AP will keep Client's photos in a confidential Dropbox folder on-line (referred to as Photolibrary) for the purposes of creating your photo-item digitally and photoediting associated with it. After finishing the assignment, the customer’s Photolibrary will be moved and stored indefinitely in an off-line digital archive unless the customer gives a written notice (by email) that AP should delete the Photolibrary from the archive. AP will archive the photos and the created photo-item, as well as its prev-views, as stated in16) Archiving of photo-items and photographs.
8. Artistic style
By using AP's photography services, you agree to give the photographer (Vera Kristinova) the lead in executing the photo session. You are also encouraged to get familiar with the editing style of the photographer by reviewing on-line AP’s Gallery and photos posted on AP's social media profiles (Facebook and Instagram). The photographer will not change her own editing style upon customer's requests. By using AP’s photography services you agree to obtain edited photos in accordance with AP’s editing style.
AP uses CEWE photoprogram for creating photo-items, utilizing many of the design features contained within the program. In addition, AP puts a great deal of own creativity and design skills into the arrangement of the photos on the page, placement of captions and headings, choice of fonts, and addition of various design features, photo effects and colour schemes. It is an artistic process which gives the photo-items their uniqueness and a distinct artistic style associated with AP. AP will take into consideration your personal taste and preferences, but by using AP’s services you give AP permission and “free hand” to create photo-items in accordance with AP’s artistic style. You are therefore encouraged to visit on-line AP’s Gallery to check the AP’s artistic style.
9. Revision of photo-items
Each photo-item must be thoroughly revised and acknowledged by you before it is sent to print by AP. Pre-views of the photo-item will be sent to you via a confidential Dropbox link for revision. The revision assures correct texts, captions and headings, f.e. dates, names, description of events etc., including correct spelling, and correct photos, including correct chronological order. AP is not responsible for any mistakes in written text and photos after the photo-item was acknowledged by the customer and printed. You may also suggest minor changes in the artistic style during the revision to match better your personal taste and preferences. Maximum of five revisions are permitted for each photo-item.
10. Prices of photo-items
All prices are given at AP's web-pages are in NOK (Norwegian crown) including value added tax (VAT) and include creating the photo-item and print of the basic photo-item. The prices for the photo-items vary according to the photo-item and its extend, and extra features. Therefore, the price will be further specified by AP for each assignment in a non-commitment offer.
The price for printing of the photo-item and shipment (further referred to as CEWE price) is based on the photo-item format and extra features, specified by the customer, in the latest version of the CEWE photoprogram. AP has no influence over the CEWE prices and the CEWE prices are subject to change without prior notice. Therefore, the CEWE price per date of submitting the photo-item to the print is valid and covered by the customer. AP will inform you about the CEWE price via email. If the printing company offers discounts, AP will include this discount into invoicing.
11. Delivery times for photo-items
The delivery time for the photo-items is given as the number of working days (Monday to Friday) and varies according to the photo-item and its extend. Therefore, it will be specified by AP for each assignment in a non-commitment offer.
The delivery times starts with receiving all the photos for the Photolibrary and ends with sending the photo-item for the revision. In case of many orders or in case of unforeseen events causing delays (sickness, power shortage resulting in inability to use computer and internet etc.), the delivery time can be prolonged (maximally tripled) which will be communicated to the customer as soon as possible. AP reserves the right to cancel the assignment should it not be possible to deliver in agreed delivery time due to unforeseen events.
The period when the photo-items are waiting for revision and acknowledgement by the customer is not counted into the delivery time. The time needed to apply changes specified under the revision will be agreed on between AP and the customer shortly after the revision. After the final acknowledgment by the customer, AP will send the photo-item for printing as soon as possible, typically within 1-2 working days.
12. Shipment of printed photo-items
The time it takes to print and deliver the photo-item to the customer is not counted into the delivery times and is not by any means controlled or influenced by AP. AP is also not responsible for any damages to the photo-items caused by printing, packaging and transport, or any other dispatch and shipment related issues. AP will re-send any important delivery messages received from the printing company or shipment company to the customer, regarding state of the order, tracking information, delays, etc.
13. Purchase and payment
You will receive a legally binding invoice issued by AP after the assignment is finished, i.e. digital photos from a photosession are delivered, or a photo-item is dispatched from print.
The price for the photo-item consists of price for creating the photo-item and the CEWE price (price for print of the photo-item incl. shipment, incl. any discounts that the printing company offers at the time of invoicing. The latter price is retrieved from the latest version of the CEWE photoprogram at the day of invoicing. Should the CEWE price change between invoicing and submitting the order to the print, you will receive an additional invoice or refund to balance the difference.
Unless agreed differently in PSA, the client can purchase photos of own choice as photo packages for prices advertised at Photographer’s webpages (see here) within 2 months from receiving the link with the photogallery. In case Photographer has changed the prices within the 2 months, the prices as per date of photoshoot apply. Purchasing additional photos from the photoshoot any time later after the payment is done is possible; the prices at the time of inquiry apply.
In the unlikely scenario that the client does not wish to purchase any digital photos or does not choose any photos within 2 months from receiving the link with the photogallery, the client agrees to pay a compensation fee of 3000,- NOK to compensate the photographer’s time and expenses related to the photoshoot and photo editing.
14. Refund/Return Policy
AP will not accept any printed photo-items as a part of a complain. The multiple revisions of the photo-item serve as a tool to view and review the photo-item thoroughly by the customer, and give sufficient room for changes and improvements, revision of all texts and control of the chronological order of photos. Each photo-item (it's content and design) has to be acknowledged by the customer before the photo-item is sent to print.
Should you be unhappy with the quality of print or shipment, the complains must be directed to the printing company (customer service at www.cewe.no) by you. AP takes no responsibility for printing and shipment as stated in 10) Shipment of photo-items in this agreement.
Should you be unhappy with the AP photography services, AP is open for asserted discussion, and appropriate compensation.
14. Children's birthday and other events (such as parties, celebrations, gatherings, weddings)
The person ordering AP's photography services (further termed as the organizer) for the event is responsible for informing at least one of the parents/guardians of all the underage participants of the event as well as all the adult participants of the event about the presence of a female photographer (Vera Kristinova), and her task to take photos during the event, which might include photographing all the participants, i.e. both children and adults. In case a participant expresses reservations against being photographed, which means that him/herself and/or his/her children should not be photographed, the organizer must inform about this the photographer prior the event. The organizer of the event is the only recipient of the photos taken during the event. Any further inquiries about the photos need to be taken directly with the organizer. AP will not share by any means the photos with the participants of the event, except for the organizer.
All photos and personal data are handled confidentially as stated in 3) Personal data and privacy policy of this agreement. AP will not use the photographs for AP’s marketing or any other purposes without a written consent (by email, text messages) of the persons on the photographs, in case of children - of one of their parents/guardians. AP will archive the photos as stated in 15) Archiving of photo-items and photographs.
15. Archiving of digital photo-items and photographs
Photographs taken by AP shall remain in possession of AP and will be archived on an external off-line hard-disc (archive) for at least 5 years, but ideally indefinitely. AP reserves the right to keep the edited photos and created photo-items (incl. edited photos within the photo-item) in digital form in the archive as an evidence of working with the assignment (think of it also as a back-up should something happen to your photo-item and you wished another copy). In accordance with the privacy policy stated in 3) Personal data and privacy policy of this agreement, AP will not use the photographs and photo-items for AP’s marketing or any other purposes without your written consent (by email, text messages, and clarified in PSA).
16. Gift cards
Validity of gift cards purchased from AP is one year from the date of purchase, or as stated on the gift card. Gift cards are non-refundable and cannot be exchanged for other AP's services.
17. Copyright
Photos and pre-views of created photo-items that are posted at www.abrakadara-photodesign.com belong to ABRAKADABRA Photodesign Kristinova and are protected by copyright, with the exception of several illustrative figures of photobooks and photocalendars that are copied from the CEWE Photoprogram. Pre-views of photo-items that contain your photos, and photographs taken as a result of photography services, will not be posted on-line or used for AP’s commercial purposes without your written consent (by email, text messages, PSA).
The copyright ownership and full intellectual property rights to all photos taken during a photoshoot are maintained by the photographer at all times. The hotographer grants the client rights for personal use for life, including print release, for the purchased photos. The client is not permitted to use the photos for commercial purposes. The client is not permitted to edit, adjust, or alter the photos in any way without prior consultation with the photographer, except for cropping the photos.
Authorship credit in the name of Photographer (ABRAKADABRA Photodesign or Lifestyle photographer Vera Kristinova) or a link to Photographer’s domain (www.abrakadabra-photodesign.com) or Photographer’s Facebook or Instagram profile (#abrakadabraphotodesign) must accompany any photos from a photoshoot posted or displayed publicly and on any social media platforms by the client or client’s affiliates.
18. Changes to these Terms of Service
AP reserves the right to modify these Terms of Service at any time. Your decision to use services offered by AP after such changes have been made constitutes your formal acceptance of the new Terms of Service. Therefore, AP asks that you check and review the Terms of Service for such changes on an occasional basis. Should you not agree to any part of Terms of Service or any changes, AP asks and advises that you do not use AP’s services.
If you have any questions regarding the Terms of Service, please, feel free to ask.
Thank you for reading & have a fabulous day! :)
Vera Kristinova
Your dedicated lifestyle photographer