This privacy policy tells you how we collect, use, and protect your personal information.
1. Company Information
Company : Xzel Wedding Films & Photography
Information Officer : Idowu Williams
Our Email : info@xzelweddings.co.za
Our website address is: https://xzelweddings.co.za
2. Definitions
2.1. “Policy” shall mean the Website Privacy Policy.
2.2. “Company” shall mean Xzel Wedding Films & Photography as stipulated under clause 1 of this Policy.
2.3. “Information Officer” shall mean the person registered as the information officer by the company as stipulated under clause 1 of this Policy.
2.4. “Personal Information” shall mean all information which may be considered to be personal in nature or information about an identifiable natural and / or existing juristic person
2.5. “User, you, your or yourself” shall refer to any person who makes use of the Website for any purposes whatsoever, whether or not such use is free of charge or paid for.
3.Use of Images
3.1 Images are strictly produced for the client’s private home use only.
3.2 Photographer hereby grants to the Client the following exclusive rights to use the Images for use as a personal demo, for the product or publication named in paragraph
3.2.1 These rights shall be worldwide, in all media and for the full life of the copyright. The Client is obtaining digital images for personal use only including non-commercial websites, and shall not sell said images or generate income from them in any form.
3.2.2 If any of the Photographer’s images are published (on the web or any other media), proper photo credit of “Images by Xzel Wedding Films & Photography ” is required. If Client is obtaining a print for newspaper announcement of the wedding, the Photographer authorizes Client to reproduce the print in the above manner. The Photographer shall retain the rights to use the images for publicity purpose in internet website or social media websites
4. Termination of Contract
4.1 In the event of a termination of the contract by the Client, the Client agrees that all fees already paid to the Photographer as of the date the notice of termination is received by the Photographer will be forfeited. Termination by the Client shall be in writing and sent by registered mail or email to the Photographer.
5. Modification of Contract
5.1Any modification sought in agreement by the Client shall be in writing and sent by registered mail or email to the Photographer. The client agrees to pay all expenses and loses if any, arising out of modification of the contract.
5.2 Photographer reserves the full rights to accept or not to accept those modifications in contract, and it is at Photographer’s discretion.
6. Liability
6.1 The Photographer and any of his agents or third party associates will not be liable in the unlikely event that a problem arises, whether due to an accident, loss of materials, acts of god, equipment or other failures.
6.2 The Photographer has working methods in place to prevent loss or damage to your images. However, there is the unlikely possibility that images may be lost, stolen or destroyed for reasons in or beyond our control.
6.3 The Photographer is not responsible for the loss of, or interference with, the photography due to restrictions on the location, including but not limited to, interference from surrounding devices, access limitations, flash restrictions, and the like.
6.4 This limitation on liability shall also apply in the event that photographic materials are damaged in processing (film and digital), lost through camera malfunction, lost in the mail, fire or otherwise lost or damaged without fault on the part of the Photographer.
6.5 Client understands the unpredictable and non-posed nature of photojournalism (assumption of risk) and waives any right to any civil action due to missed or lost photographs (including but not limited to the unintentional infliction of emotional distress and negligence). In the event the Photographer fails to perform for any other reason, the Photographer‘s liability is limited solely to the return of all payments received from the Client or part thereof according to the percentage of images supplied under this Agreement.
7. Warranty and Indemnity
7.1 The Photographer warrants and represents that he is the sole creator of the Images and owns all rights granted under this Contract, that the Images are an original creation (except for materials obtained with the written permission of others or materials from the public domain), that the Images do not infringe any other person’s copyrights or rights of literary property, nor do they violate the rights of privacy of, or libel, other persons.
7.2 The Client agrees to indemnify and hold harmless the Photographer against any claims, judgments, court costs, attorney’s fees, and other expenses arising from any alleged or actual breach of this warranty.
8. Permissions to Photograph
8.1 It is the sole responsibility of the Client to secure the permission of the, synagogue, temples or other venues of the wedding for the Photographer to photograph the ceremony/event.
8.2 The Client shall ensure the placement of the bridal party, the officiant(s) and the altar decorations so as to not obscure the view of the bride and groom.
8.3 The Photographer will abide by the rules of the church/synagogue/temple in regards to camera placement at the ceremony.
8.4 Many private venues/businesses are charging a photography permit fee. The client is responsible for the payment of such fee. In the event clients fail or refuse to pay for any such permit fee, the client is responsible for any and all related costs or fines if applicable.
9. Artificial Lighting
9.1 The Photographer makes no guarantee, either expressed or implied, in regard to the quality of the Images, if the artificial lighting provided by the clients at the venue is unsuitable or too dark for photography or filming.
9.2 It is strongly advised by the Photographer to avoid any use of colored LED lighting or any other form of colored or flickering lighting in the ambient areas, sitting areas or performance areas for the wedding.
9.3 Colored lighting if any should be restricted to the peripheral decorations only.
9.4 Bright and even lighting should be provided in all ceremony and guest areas.
9.5 The Photographer does not use a flash for shooting candid or creative shots.
10.Final Product
10.1 It is also understood that the Client is hiring the Photographer for his technical and artistic expertise and, therefore, the Photographer reserves the right to edit the Images as he sees fit. 10.2 The Photographer does not guarantee that everyone involved in the event will be photographed or will be included in the final Images.
11.Photographer Substitution
11.1 The Photographer may substitute another photographer to take the photographs in the event of Photographer’s illness or circumstances beyond his control.
11.2 In the event of such substitution, Photographer warrants that the photographer taking the photographs shall be a competent professional.
11.3 Under normal circumstances, a second photographer from the Photographer is there for the day anyway and this photographer will then shoot the day on his/her own.
11.4 If both photographers are unavailable and a replacement photographer cannot be found then liability is limited to a refund of any payments received.
12.Exclusive Photographer
12.1The Photographer and videographer shall be the exclusive retained by the Client for the purpose of documenting the wedding and other contracted event(s).
12.2Family and friends of the Client shall be permitted to photograph the wedding as long as they shall not interfere (standing in front of or behind the photographer), with the Photographers. 12.3 It is most preferred when all guests are requested not to photograph the wedding.
13.Coordinator
13.1 Due to the nature of typical wedding day and varieties of events taking place in several locations, the photographer will frequently move, change and secure his pieces of equipment throughout the day.
13.2 It is likely that the photographer is not in the proximity as the couple, therefore, is not aware what is about to be taken place.
13.3 It is the responsibility of the wedding coordinator/planner to inform the photographer when the next major event is about to take place. For example, starting with a ceremony, first dance, cake cutting, toss of bouquet…etc. In addition, the designated person shall be responsible for organizing and tracking all pose photos that are required. The photographer is there to take photos of all groups in front of him but cannot be responsible for organizing and tracking all the groups.
14.SHOOT LENGHT
14.1 Each shoot has a specified shoot length and extra hours will be charged for accordingly.
15. Payment
15.1 Please Note: We only accept payment via Debit/Credit card or Direct Bank Transfer / EFT (proof of payment to be sent before shoot date) / PayPal. We do not accept cash payments.
15.2 We request 60% of the total cost to be paid to book the date . Payment of the remaining 40% to be paid on or before the day of the event.
15.3 The editing and releasing of the photograph can only be done when all payments are recieved
16. LOCATION SHOOTS & traveling
16.1 Client will be responsible for the transportation of the location shoots.
16.2 Location within the radius of 30km (Returned ) within Polokwane is free
16.3 We charge R4.90 per kilometer.
16.4 Where the distance is more than 100km to Polokwane , we request a suitable guest House and feeding.
17. Extra hour shoots
17.1 Extra hour starts from 1 minute after the agreed hour to 60minute .
17.2 Maximum of 10 Hours in total can only be added
17.3 Extra Hour for photography cost R800 per Hour
17.4 Extra Hour for Filming cost R1000 per Hour
17.5 Extra Hour for photography and Filming cost R1500 per Hour
19 . working hour & Delivery
19.1 All pictures will be delivered same day in small format for social media and advertisement .
19.2 Final products for Photography only (from Basic Package to Standard Package takes 5 working days to be delivered in Large format)
19.3 Final products for Photography only (from Regular Package to Gold Package takes 10 working days to be delivered in Large format)
19.4 Final products for Photography only (from Platinum Package to Premium Package takes 20 working days to be delivered in Large format)
19.5 Final products for Film only (from Basic Package to Standard Package takes 5 working days to be delivered )
19.6 Final products for Film only (from Regular Package to Gold Package takes 10 working days to be delivered)
19.7 Final products for Film only (from Platinum Package to Premium Package takes 20 working days to be delivered )
19.8 Final products for Film & Photography (from Basic Package to Standard Package takes 7 working days to be delivered )
19.9 Final products for Film & Photography (from Regular Package to Gold Package takes 15 working days to be delivered )
19.10 Final products for Film only (from Platinum Package to Premium Package takes 30 working days to be delivered )
19.11 you can pick up your final product from our office at Polokwane
19.12 we also use courier guy to deliver to your address if you are far away from Polokwane
20. Cookies
20.1. The Website uses cookies in a limited way.
20.2. Cookies are small files containing information that a Website uses to track a visit by a user.
20.3. The Company uses session cookies to better understand how the Website is used by users to improve the performance of the Website for users, particularly the way search pages are delivered.
20.4. The Company has installed settings on the Website to ensure that session cookies do not remain on your computer at the end of your visit to the Website, and cannot be used to obtain any personally identifiable details.
21. Third-party Websites
21.1. The Website may contain links to third party websites.
21.2. In the event that you follow a link to any of these websites, it is important to note that these websites have their own terms of use and privacy policies and that the Company does not accept any responsibility or liability for them.
21.3. If you are a client of the Company, or are a user of the Website, and you have purchased products or services from the Company, the Company may use your contact details to send you details of any new similar products or services which the Company thinks you would be interested in. In doing so, the Company will at all times comply with any applicable direct marketing laws.
21.4. Any communications that you do receive from the Company pursuant to clause 10.1 will set out how to opt out of receiving future communications from the Company, free of charge, if you no longer wish to receive material for any reason whatsoever.
21.5. The Company will only send you marketing messages when you tick the relevant boxes at certain times when engaging with the Company.
21.6. As the Company is not responsible for any representations, information, warranties and / or content on any Website of any third party (including websites linked to this Website), the Company does not exercise control over third parties’ privacy policies and the onus is on the User to refer to the privacy policy of any such third party before providing them with any of your Personal Information.
22. Updating of Privacy Policy
22.1. The Company, in its sole discretion, reserves the right to update, modify or amend this Policy from time to time with or without notice.
22.2. You therefore agree and undertake to review the Policy whenever you visit the Website.
22.3. Save as expressly provided to the contrary in this Policy, any amended version of the Policy shall supersede and replace all previous versions thereof.