Terms & Conditions
In the following Terms & Conditions,
“Business” shall mean Conxept Studio, its associate partners and the stakeholders of the entity.
“Client” shall mean “You”, the parties to the contract and associate members such as but is not limited to “family members”, “relatives”, “employees” and “stakeholders”.
“Event/Event Date/Event Day” shall mean the date, time, location and activity of service to be carried out to create the product/deliverables.
“Product/Products” shall mean the photos and/or videos produced, stated in the contract.
“Intellectual property” shall mean the unprocessed photos, videos and/or strategic planning carried out by the business to create the product/products.
“Service/Services” shall mean the activity involved to be carried out that is agreed between the Client and Business set out in the contract.
1) Entire Agreement
This agreement contains the entire understanding between the Business and Client, regardless of who pays for the services tied to this contract.
The only way to add/change this agreement is to do so in writing and/or signed by the business and client. In the event that any part of this agreement is found to be invalid and unenforceable, the remainder of this agreement shall remain valid and enforceable. Should the agreement exist in multiple languages, the agreement in English shall remain valid and enforceable.
Any agreement to waive one or more provisions of this agreement or any failure by one or both parties to enforce a provision of this agreement shall not constitute a waiver of any other portion or provision of this agreement.
It is agreed that the following terms and conditions set out the entire agreement made between the parties, and that no variation or modification of the contract shall be effective unless agreed by both parties in writing and signed to acknowledge.
The business reserves the right to alter its terms and conditions at its discretion without informing unless stated otherwise.
Each party acknowledges that, in entering into the contract, it has not relied on any statement, representation, assurance or warranty (whether made negligently or innocently) other than those expressly set out in the quotation/contract/invoice and these Terms & Conditions.
2) Invoice Terms
Softcopy/Softcopies/JPEGs/Photos refers to the digital version of the captured image/video that has been processed by the business for delivery to the client.
Cinematic Film/Film/Cinematic Highlights/Highlights refers to the video that has been processed by the business.
Deliverables refers to the product/products agreed to be given to the clients.
Coverage/Coverage time refers to the total number of hours the business has been engaged for to execute the service.
Cloud Drive refers to the form of online data transfer selected by the business.
Processing Time refers to the time required to edit the intellectual property created by the business.
Quick Edits are Softcopy/Softcopies/JPEGs/Photos that undergo an express color grading for clients and is subject to the availability of the photographer and his/her schedule.
Camera Angles refers to the number of camera that will be present to create the intellectual property.
3) Rights & Respect
The Relationship Between The Client and Business. The relationship between both parties is not an employer-employee relationship and the business is not contracted to take orders from the client. The business reserves the right to reject any service to be performed outside of the quote/contract/invoice unless agreed upon between both the business and the client in writing and signature. The business is not liable to honour non-written agreements made outside of the quotation or contract. In the event the client insists/demands the business to execute the service, the business reserves the rights to dismiss the client at immediate notice. The liability is limited to (i) the client fulfilling any payments that have been incurred and (ii) the business delivering all agreed deliverables up to the point of dismissal.
The Copyright Act 2021. As of 21 November 2021, The Copyright Act 2021 grants the creator of the intellectual property the full rights of ownership. “Raw images or video footages” are intellectual properties and refers to the unprocessed photos and videos captured by the business during the event. By default, requests for intellectual properties will be rejected. By default, the business can use the product(s) for means such as, but is not limited to, advertising, brochures, magazines, articles, websites, sampled albums, social media, portfolio or etc. for its establishment and marketing only. The business however, is not allowed to make direct sales with the product/products. This does not change even after the end of the project. Should the client wish to opt out, an opt-out fee of SGD1,000 will be charged in a separate invoice unless stated otherwise.
Client Owns All Product. As part of this job, the business is creating a “product” for the Client. To avoid confusion, “product” is the finished product, as well as drafts, notes, materials, and anything else except for RAW files and intellectual property that the business works on—that is, conceives, creates, designs, develops, invents, works on, or reduces to practice—as part of this project, whether before the date of this Contract or after. The business hereby gives the Client this product once the Client pays for it in full. This means the business is giving the Client all of its rights to the work product, and the Client will be the sole owner of the product. The Client can use the work product however it wants or it can decide not to use the product at all. The Client, for example, can modify, or destroy it, as it sees fit.
Third Party Ownership of Product. While the client reserves the right and ownership to the product, the client is not allowed to provide it to third parties with intent to make a sale of the product. The client agrees to seek a written approval from the business before ownership sharing with third parties.
The Services Provided. The business agrees to provide the services as outlined in the quotation/invoice or contact. Modifications to the services provided will be reviewed on a case-by-case basis on the possibility of execution by the business before entering a written agreement between the client and business. The business does not guarantee the client on the availability or coverage of any specific moment, individual, or location.
The Production. Photos and/or videos taken during the event will be at the discretion of the business and all effort will be made to comply with the client’s requirements. However, photographers or videographers of the business reserves the rights to disapprove/reject any request(s) that he or she deems inappropriate/unethical/insensitive/offensive. The business reserves the rights to dismiss the client at immediate notice. The liability is limited to (i) the client fulfilling any payments that have been incurred and (ii) the business delivering all agreed deliverables up to the point of dismissal.
Special/Late/Last-minute Requests are not binding instructions, although every effort is made to comply with the client’s wishes, the business does not undertake to guarantee any specific product nor incorporate any specific background, location, or group arrangements due to changes in weather and the availability and willingness of subjects.
4) Booking and Payment
Securement of The Business’s Availability. The availability and services are confirmed with an authorized signature on the quote/invoice/contract and a deposit from the client. The deposit has a cool-off period of 2 hours from the time of transaction before it is non-refundable. For example, if the time of transaction is 1.00PM, the latest time for a refund request will be 2.59PM and 59 seconds. The client can request to refund the deposit should he/she wishes to cancel the service any time during this period. The deposit will be 20% of the “TOTAL PAYABLE” and is due at the time the signed quote/invoice/contract is submitted unless stated otherwise.
Reservation of availability. Booking of a particular date is made on a first come first serve basis. The business does not and will not reserve any dates for clients who are still in their decision-making process.
Additional Request(s). Request for additional products/services/special requests must be made (pre-production) before or during the time of service (production) only. Requests are not binding instructions. Hence, the personnel of the business carrying out the service retains the authority to accept or reject the request. Request(s) may include a charge. The photographer/videographer will let the client know about the charge before proceeding with the request(s). These charges will be reflected in a separate invoice.
Additional Charges. Additional charges such as travel expenses, accommodation, overtime fees, may apply as outlined in the quote/invoice/contract.
Balance Due Payments. The remaining/balance payment is to be paid in full within 3 business days after the event, of which failure to do so would halt the processing of the products. Defaulting of payment is not advisable and will be dealt with legally. No product(s) will be delivered until payment has been received in full. It is the client’s responsibility to ensure payment is made to the correct account disclosed in the quotation or invoice.
5) Cancellation and Rescheduling
Postponement of the confirmed service prior to “EVENT DATE” will be treated as a cancellation according to the cancellation table structure below. The business can accommodate the later date, subjected to availability, and a new contract will commence.
Cancellation of confirmed order prior to “EVENT DATE” will incur the following charges:
Days prior to Event Date Charges based on “TOTAL PAYABLE”
61 Days - Full refund of any payments paid
7 to 60 Days - Deposit Forfeited
2-6 Days - Additional 30%
1 or less than a day - Additional 50%
6) Workflow and Media Matters
Preparation of equipments/materials. The business will have the equipment ready in operational condition before the event start time stated on the invoice.
Damage to Busines Properties. Full replacement/repair fees will be imposed on the client in the event gears, equipment, or props owned by the business is damaged by the negligence of the client’s or their guest’s request, suggestions or acts.
Confirmation of Edits. Edits are product/products that has undergone a processe executed by the business to achieve the look and style it is known for. There shall be no changes/re-edits after the client’s confirmation of receipt of the product/products. Any changes/re-edits will incur an additional charges at the discretion of the business.
Delivery of Product/Products. All product/products will be delivered within the stipulated time frame unless stated otherwise in writing. The business is not liable for verbal agreements. A rush fee is available and will be billed upon request by the client. This expedited process is subjected to the availability of the business.
Limitation of Liability (Equipment limitations and ambient conditions). Due to a variety of lighting conditions and the limitations of digital sensors, some colours may alter throughout a set of photos. The business will do its best to ensure the consistency of all the photos but does not guarantees it.
Delay of Deliveries. While the business will do its best to deliver the products within the stipulated time frame, the business is not liable for the delays caused by COVID-19, equipment failure, shipping or third parties such as, but is not limited to, suppliers, etc. The business will do its best to rectify the situation with the next best alternative solution. The business will prioritise quality of all its products first.
Delays during Peak Periods of the year. Delays due to high volume are expected during the peak periods of the calendar year. The business will inform the client of delays.
7) Privacy and Data Protection
Personal Data Protection Act (PDPA). The business and client shall handle any personal data exchanged in accordance with the PDPA of Singapore and shall not disclose it to any third parties without a written consent, except as required by law. Both parties shall retain personal data for as long as necessary to fulfill the purposes for which it was collected.
8) Force Majeure / Act of God
A Force Majeure Event refers to an event occurrence beyond the control of either party, which by its nature, could not have been foreseen or, if it could have been foreseen, was unavoidable, and includes, without limitation, storms, floods, sabotage, sudden illness, injury, a victim of crime, traffic conditions, breakdown, accident, failure of energy resources, etc. In the event the business is affected by a Force Majeure Event, the business will do its best to assess the situation and take the next best course of actions.
(i) In the very unlikely event of cancellation by the photographer OR of total photographic failure, the professional on-site will do his or her best to rectify any problems. The liability shall be limited to a refund of any fees paid.
(ii) The business will endeavor to put the client in touch with another personnel in the event they are unable to attend on the event date due to any cause beyond their reasonable control (e.g. sudden illness, injury, a victim of crime, traffic conditions, breakdown, etc). Should there be no professionals available during that period, the liability of the business is limited to a refund of any fees paid.
9) Limitation of liability
While the business will make reasonable efforts to provide high-quality services, they do not guarantee specific results or outcomes. The Client acknowledges that the artistic interpretation and style of the business are subjective, and the business cannot be held responsible if the Client's expectations do not align with their artistic vision.
The business shall not be liable for any indirect, consequential, incidental, or special damages arising out of or in connection with this Agreement, including but not limited to lost profits, loss of data, or loss of business opportunities.
The business's liability for any direct damages arising out of or in connection with this Agreement shall be limited to the total amount paid by the Client for the services.
10) Dispute Resolution
Any disputes or disagreements arising out of or in connection with this Agreement (Quote/Invoice/Contract) shall be resolved amicably through good faith negotiations between the Client and the business.
If the parties are unable to reach a resolution through negotiation, either party may initiate mediation by providing written notice to the other party. The mediation shall be conducted in accordance with the mediation rules of the Singapore Mediation Centre.
If mediation does not result in a resolution within a reasonable time or is not agreed upon by both parties, any unresolved dispute shall be submitted to binding arbitration in accordance with the Arbitration Act of Singapore.
The arbitration proceedings shall be conducted in Singapore, and the arbitration award shall be final and binding on both parties. The language of the arbitration shall be English.
Notwithstanding the above, either party may seek injunctive relief or other equitable remedies from a court of competent jurisdiction to prevent or stop any actual or threatened breach of this Agreement.