TERMS & CONDITIONS
Asset Factory – NZ’s #1 e-commerce content and creative hub; Our expert team comes armed with an in-depth knowledge of the e-commerce world, bringing life to your brand. Together let’s create engaging, beautiful content.
Customer – is the person or party deemed to be ultimately responsible for the payment of the Company’s Fees.
Company – refers to Asset Factory NZ Ltd (NZBN:9429043367764)
Payments – refers to any amount of money paid or payable by the Customer to the Company under the Contract and includes any additional fees.
Photography Services – are the services offered by the Company – photography, styling, post-production and retouching.
Services include; Motion/Video, On-Model, Ghost Mannequin, Flat-Lay, Product.
Studio – refers to the Company’s business premises at 326H New North Road, Kingsland, Auckland 1021.
Ecommerce and Digital – Imagery shot and retouched for online usage – web stores, social media platforms and in-store digital signage. This imagery will be produced accordingly meaning that the images are not prepared at print quality.
Retouching – Adjustments made to the imagery in post-production to enhance the product or model and colour of images specifically garments.
Ghost Mannequin – Garments photographed on our Vertical machine to give the effect that they are on an invisible person. This photography gives the garment a three dimensional and realistic feel and can be supplied with or without shadows.
Flat-Lay – Garments shot on our Horizontal machine. These can be used for clear cut imagery online as well as outfit grids and for social media. This imagery can be supplied with or without shadows.
Creative Content – Imagery shot and retouched for marketing and social media purposes. There may be additional fees for retouching campaign quality images dependent on usage.
Service offerings – Refers to the different service options offered by the Company to its Customers;
DIY or ‘Do It Yourself’ service offering;
1. Prepare your products in advance so you only have to finesse the finer details before you shoot them.
2. Take time before you arrive to understand how you want to use your imagery so we can guide your photographic setup.
3. Bring your products in on the day or arrange a time for pre-delivery the afternoon prior (subject to space availability)
4. Allow 15 minutes free training time before your booking and get started with your photoshoot.
5. Once you’re finished, we’ll guide you through the process of getting your image files or discuss any post-production work required, if any.
Drop & Run service offering;
1. Talk with us to create a detailed brief and shot list then let us know how and when you plan on using your images to establish the scope of the task and the photographic set-up.
2. Discuss the preparation required with us and deliver the products to Asset Factory with enough time prior to shooting.
3. We then shoot your products according to your brief and shot list then send drafts to you to discuss any additional post-production work required if any.
4. Arrange collection of your products and Asset Factory will get the image files to you once ready.
The Company may require a non-refundable deposit of up to 50% of the price prior to provision of services. If the services are cancelled with less than 48 hours’ notice, the Customer will incur a cancellation fee which may be deducted from the deposit.
Terms Unless otherwise agreed by the Company in writing, fees payable to the Company will be calculated according to the current hourly rate, half day rate or full day rates as outlined in our rate cards and booking confirmation emails. Payment must be made without any deduction, set off or counterclaim.
Rates for additional services will be quoted according to the brief.
Completed images will be supplied on settlement of invoice unless specified otherwise prior to shooting the job. Unless agreed otherwise with the Company in writing payment is to be made in full prior to the delivery of the images.
If agreed with the Company, payment made be made no later than the 20th day of the month following delivery of images.
If the Customer fails to make any payment to the Company by the due date the Company may, at its sole discretion (and without prejudice to any other rights or remedies available to it) require the Customer to pay, on demand, default interest on any amount outstanding at 2.5% per month accruing on a daily basis from the due date for payment until the date when payment is actually made. The Customer will also be liable to pay all expenses and costs (including legal costs on a solicitor-client basis) in connection with the Company recovering or attempting to recover any overdue amount.
The Customer must give the Company written notice within 5 working days of receiving an invoice if the invoice appears to be incorrect.
The notice must include full details of the error(s) claimed. If the Customer has not given the Company valid notice of the error(s) within 5 working days of receiving the invoice, the Customer agrees to treat the invoice as correct, and must pay the amount due on the due date. If an invoice is disputed and that dispute cannot be immediately resolved, the Company can withhold or defer any future delivery of images pending resolution or may part-deliver having regard to the undisputed component. Once the dispute is resolved, the Customer must pay the Company within 3 working days the resolved amount due. Time is of the essence in respect of the payment obligations of the Customer to the Company.
A studio day is the eight-hour period from 8.30am to 4.30pm unless otherwise agreed. A half day is considered a four-hour period starting either morning or afternoon from 8.30am to 12.30pm for the morning and 1.30pm to 5.30pm for the afternoon. We also supply hourly bookings; the minimum booking time is one hour on each machine. Where hair and make-up is required a 30 minutes allowance is available prior to the shoot for full day and half day bookings. For bookings less than a half day please come prepared to shoot within your allocated booking period. Use of the Studios by the Customer outside of a scheduled booking will attract the overtime rate as set out in the quote for every hour that the studio is in use in excess of the scheduled booking. The Company is not responsible for the late arrival of the Customer’s model and/or hair and makeup artist. If additional time is required to complete the shoot, then this will be charged based on the machine and incremental hourly rate. Although cleaning fees are included in our rates, clients are expected to be respectful of the studio areas and leave each area clean at the end of each shoot.
Pricing, quotes and rate cards are exclusive of GST meaning the amount payable for that supply will be increased by the amount of GST.
The Company will not be liable for any loss damage or injury occasioned to the Customer, its employees, contractors, garments or invitees while using or attending the Studios or in transit to and from the studio. The Customer promises that it has sufficient public liability and necessary insurances in place at all times during its hire or use of the Studios and indemnifies the Company against any loss or damage that may be occasioned to the Company or its employees due the Client’s use of the Studios or inadequate insurance cover. The Client will on demand produce to the Company evidence of currency of insurances required under this clause.
The Company has the right to end the agreement or refuse to offer the agreed services to the Customer if the Customer carries on or allows to be done to the equipment and or the studio any act or thing which:
A) shall make void or voidable any policy of insurance on the equipment and or the studio; or
B) may render any increased or extra premium payable for any policy of insurance on the equipment and or the studio
The Customer agrees to pay all freight, delivery, transportation, shipping, postage and courier cost whether incurred by the Customer or the Company in respect of the delivery and/or return of any of the products. It is expressly acknowledged that the Company shall not be liable for any delays in the delivery of garments under any circumstances. Please ensure you email us the correct information to add to your freight. Our loading dock is at the front of the building, please phone us for help if dropping products prior to the shoot. From the moment of freight, delivery, transportation, shipping, postage and courier of the product, or of the product being ready for shipment, the Customer assumes sole risk of all direct and indirect damage, afflicted to or caused by the product.
Cancellation fees – Bookings and Holds
A hold or booking on the Studio or any other service provided by the Company becomes a confirmed booking 48 hours prior to the date on which the services were agreed to be made available by the Company. A cancellation made with less than 48 hours’ notice will incur a fee of 50% of the Fee. A cancellation made with less than 24 hours’ notice will incur a fee of 100% of the Fee. We are not responsible for Customers not receiving or reading our emails chasing booking holds.
Supplied File Formats
StyleShoots can export your product photos and videos with different backgrounds and effects, in multiple file sizes, aspect ratios and file formats. Video can be supplied in MP4 and MOV in configurable dimensions and aspect ratios. Photos can be supplied in JPG and PNG in configurable dimensions and aspect ratios, TIFF in full resolution and RAW files straight from camera. The Imagery is exported to your required formats specified when booking the job.
If no dimension requirements are provided images will be supplied as high-resolution JPG.
PSD files are considered property of Asset Factory and are not supplied to the client.
Availability of Services
The Company will use reasonable endeavours to make sure that the Services remain available to the Customer for the duration of the hire. Notwithstanding the foregoing, the Company accepts no responsibility whatsoever for any loss arising due to unavailability of the Services. The Customer acknowledge that the Company have no responsibility to the Customer to ensure the Services are provided to the Customer on an uninterrupted basis. The Customer acknowledges that the Company may decline to provide Services to the Customer at their sole and unfettered discretion.
We work closely with an external postproduction team for our editing requirements. Two rounds of corrections are included in our per image rate charge of $10 + GST if the standard of retouching has not met the required brief. Corrections based on a new set of instructions are chargeable on a per image basis.
Image due date
Unless agreed upon prior to the shoot date, images will be supplied via WeTransfer the following days after shoot date if supplied straight from the machines. Images requiring postproduction or retouching can be provided with the following turnaround times;
24hr turnaround 100 images
48hr turnaround 200 images
3 days turnaround 300 images
4 days turnaround 400 images
Files will be saved by the Company for 30 days after which time they will be deleted.
If a dispute arises, the parties agree that before referring the dispute to a third party a period of no less than 10 working days shall pass to allow both parties time to attempt to negotiate or mediate an agreement. Failing an agreement acceptable to both parties being formed such disputes will be referred to a single arbitrator to be mutually agreed upon by the parties (or failing such agreement as appointed by the Arbitrators Institute of New Zealand council). Any determination of such arbitrator shall be final and binding on the parties and not subject to review. For disputes arising between the parties under this Agreement where the price is within the limits of the jurisdiction of the Disputes Tribunal the Customer expressly acknowledges and agrees that this contract may be taken as agreement that both parties’ consent for the dispute to be referred to the Disputes Tribunal for resolution.
This Agreement shall be subject to the laws and statutes of New Zealand and subject to the jurisdiction of the court geographically closest to the physical address of the Company. The Company reserves the right to review these terms and conditions at any time. If, following any such review, there is to be any changes to these terms and conditions, then that change will take effect from the date on which the Company notifies the customer of such change.