This document is an electronic record in terms of the Information Technology Act, 2000 and rules there under pertaining to electronic records as applicable and amended. This electronic record is generated by a computer system and does not require any physical or digital signatures.
This document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and the terms and conditions for access or usage of Gavara naidu matrimony services/wedding-photography (the “Website”).
Please read the following terms and conditions very carefully as your use of the Website and associated Services (as defined below) is subject to your acceptance of and compliance with the following terms and conditions including the applicable policies which are incorporated herein by way of reference and as amended from time to time (the “Terms”).
ACCESSING, BROWSING OR OTHERWISE USING THE WEBSITE INDICATES YOUR AGREEMENT TO ALL THE TERMS AND CONDITIONS UNDER THESE TERMS, SO PLEASE READ THE TERMS CAREFULLY BEFORE PROCEEDING. By impliedly or expressly accepting these Terms of Use, You also accept and agree that you have read, understood and are bound by the Terms, regardless of how you subscribe to or use the Services. If you do not want to be bound by the Terms, you must not use the Website or the Services.
In these Terms, references to “You” or “User” or “Buyer” or “Customer” shall mean the end user accessing the Website, its contents or using the Services offered. “Services” means a collective reference to the photography service provided by Gavara naidu matrimony services or through third party Service Providers. “Service Providers” mean independent third party service providers, and “we”, “us”, “our” and its affiliates.
Introduction:
This Agreement for photography services shall be effective from the date of issue of invoice/receipt by Gavara naidu matrimony services to the customer.
This Agreement for photography services is only for the list of events & services specifically listed in the invoice/receipt and any additional request will be chargeable additionally by Gavara naidu matrimony services on the Customer.
We will only deal with matters concerning the booking, with the customer mentioned in the receipt/invoice.
Gavara naidu matrimony services shall merely identify and arrange the photographer/Videographer as per customer’s requirement. The services of the photographer/videographer shall be availed directly by the Customer.
Gavara naidu matrimony services shall ensure that they provide the service on the date agreed with the customer in the receipt/invoice for fulfilling the Service and product.
If the photographer/videographers (as the case may be) so nominated by Gavara naidu matrimony services is unable to attend the wedding due to illness or any other unforeseen circumstances preventing his attendance, then in such circumstances, Gavara naidu matrimony services shall arrange for a suitable replacement photographer/videographers (as the case may be) to the Customer, unless the same is prohibited due to Force Majeure Events.
You agree that the price as mentioned in the receipt/invoice are standard price list then applicable. Gavara naidu matrimony services can adjust this price list periodically and future orders shall be charged at the price in effect at the time when the invoice is issued. Further the price indicated also includes the charges payable by the Customer to the photographer/videographer.
Gavara naidu matrimony services shall pay to the photographer/videographer upfront on behalf of the customer. The said amount shall be recovered from the customer on actuals by Gavara naidu matrimony services. The Customer shall be charged 100% fee and expenses for any required reshoot, so requested by the client.
The due performance of the contracts is subject to conditions below, and they cannot be varied in any way by the customer, unless agreed in writing by Gavara naidu matrimony services in writing.
The Customer hereby agrees to grant Gavara naidu matrimony services full artistic license in relation to the poses and location photographed/video graphed. The photographer/videographer’s (as the case may be) judgment regarding the location, poses, number of photographs /video shoots, shall be deemed to be correct. The customer shall authorize Gavara naidu matrimony services to verify and approve photographs on his behalf.
You agree that the color dyes in the photographs may fade or discolor over time due to improper maintenance exposure to moisture, and you hereby release Gavara naidu matrimony services from any liability for any claims whatsoever, based upon the fading of the discoloration due to such circumstances/events.
The customer is also aware that Gavara naidu matrimony services is not responsible for any quality of reprints made by the customer.
The customer agree to pay as per the agreed payment schedule and understand that in any event of cancellation this advance is non-refundable and non-transferable to any other products or services being so provided by Gavara naidu matrimony services.
The customer agrees that if the original date booked for the photography service is changed to another date by the customer to suit the customer then a fresh application needs to be signed and current agreement/invoice is/are deemed void.
The customer agrees to pay the full remaining balance of the package service purchased immediately on completion of final photo and video shoot on the day of the wedding.
Gavara naidu matrimony services agrees that every effort will be made to provide the highest quality services through its accredited personnel in the prevailing conditions.
The Customer agrees that for a booking involving a religious place (like church/temple/mosque etc.) the photographer/videographers (as the case may be) may have the following limitations:
a. Movements are sometimes restricted by the management of the religious places. The area from which Gavara naidu matrimony services are able to cover the ceremony may not be of the photographer/videographer’s choice and the photographer/videographer’s (as the case may be)/ Gavara naidu matrimony services cannot accept responsibility for any obstructed view or reduced image quality should this be the case.
b. The use of photography/videography equipment may sometimes be restricted/ forbidden during the ceremony by the management of the religious places, for the use of flash photography/videography. Consequently the photographer/videographers (as the case may be)/ Gavara naidu matrimony services accept no liability for the reduced quality of images should this be the case.
c. The Customer accept the responsibility for discussing their requirements for photographic/video graphic coverage of the event/ceremony with the management of the religious place or the organizers of their ceremony and will not hold the photographer/videographers (as the case may be)/ Gavara naidu matrimony services liable for any restrictions placed on photographer/videographers (as the case may be)/ Gavara naidu matrimony services by the organizers or the management of the religious place which result in the photographer/videographers (as the case may be) being unable to take photographs or being unable to take the same quality of photo/video as would normally be the case in unrestricted circumstances. The above restrictions shall also apply to any place or wedding hall or venue which place similar restrictions as mentioned above in this clause.
The above restrictions shall also apply to any place or wedding hall or venue which placed similar restrictions as mentioned above in this clause.
For a wedding or other occasion booking photographer/videographers (as the case may be) arranged through Gavara naidu matrimony services shall endeavor to capture all the moments throughout the time of the booking as they occur. However, because of the nature of the event, as a one off, some unforeseen moments might not be recorded and you will not hold the photographer/videographers/ Gavara naidu matrimony services liable for this.
Gavara naidu matrimony services may engage third party for preparing the album and video, and the Customer to carryout limited professional photo correction (if technically possible), which includes red eye removal, color correction, blemish removal. It is understood that if a technicality prevents such third parties so engaged by Gavara naidu matrimony services from performing image correction, or if a technicality prevents the final result to meet the Customers requirement, the Customer will reside with the fact that such third party / Gavara naidu matrimony services have performed to the best of their ability with regard to the specific task and that such third party / Gavara naidu matrimony services shall have no further responsibility towards said photo/video correction. For Wedding photos Gavara naidu matrimony services through third party only do color enhancement. No manipulation of digital imaging (ex. Add more hair, slimmer body/face, straighten arm or leg position, tattoo removing, make up editing, etc.) shall be done either by Gavara naidu matrimony services /third party so engaged by Gavara naidu matrimony services
The photographer/videographers / Gavara naidu matrimony services cannot be held responsible for any lack of coverage for photo/video shoot due to the bride, groom or other members of the wedding party not being on time, to the concerned religious place, register office or wedding hall.
The Customer understands
a. That there is no obligation for Gavara naidu matrimony services to keep / record or store any of their wedding images/raw footage for a period no longer than 90 days should Gavara naidu matrimony services wish to delete them.
b. For Wedding photos Gavara naidu matrimony services through third party only do color enhancement.
c. No manipulation of digital imaging (ex. Add more hair, slimmer body/face, straighten arm or leg position, tattoo removing, make up editing, etc.) shall be done either by Gavara naidu matrimony services /third party so engaged by Gavara naidu matrimony services.
If the photographer/videographer arranged through Gavara naidu matrimony services is/are required to remain after the meal time, a meal should be provided to each such photographer/videographer.
The Customer understands that Photographs will retain their color and brilliance much longer when displayed under better lighting conditions.
Photographer / videographer / Gavara naidu matrimony services will not be held responsible for any ruined photographs due to guests, or any other flashes, or any other ruined photographs/video recording due to any other cause outside Gavara naidu matrimony services ‘s or photographer/videographer control.
The Customer is responsible for the conduct of their guests. The Customer will direct all other service providers (florist, DJ, caterer, etc.) to provide any needed information and cooperation to the photographer/videographer. Coordination with other service providers is necessary to complete all the photography sessions as scheduled. The Customer should share the photography/videographer schedule with other service providers to make sure that there is no conflict in times. In addition, events during the wedding day/event day should be planned to make the best use of time from all vendors.
Neither the photographer/videographer / nor Gavara naidu matrimony services will tolerate verbal or physical abusive language /behavior while rendering the Service, nor will photographer/videographer share their time or compete with guest photographers for their attention of the subjects. Unchecked guest conduct that interferes with photographer /videographer work at occasion may seriously affect the quality of the photographs/videos taken and increase the number of times photos must be re-taken. If the customer is unable to control the conduct of their guests, resulting in an unacceptable degree of misconduct, or if the conduct of any of their guests damages the equipment of the photographer/video camera, the same will result in the early or immediate departure of the photographer/videographer. The Customers understands that in such an event, no refunds will be granted and Gavara naidu matrimony services / photographer/videographer retain their right to sue the customer for damages, if any.
In terms of photographic/video coverage provided and hours worked by the photographer/videographer for the Customer the coverage and hours worked shall be deemed to be that which is detailed in the brochure sent to the Client and in these Terms and Conditions. Any additional coverage provided and/or hours worked by the photographer/videographer will be at the discretion of the photographer/ videographer if it has not been agreed formally in writing beforehand, detailing specific hours and timings for work. A full day’s coverage will be deemed to be no more than 11 hours of work by the photographer/videographer. If the Customers require the photographer/videographer to cover their evening reception including the bride and groom’s first dance, the first dance would be conducted no later than 8pm or before the end of an 11 hour working day for the photographer/ videographer if the end of an 11 hour day falls before
8pm.
Once the Customer have paid the fees for services in full, Gavara naidu matrimony services / photographer/ videographer grant the Customer the rights to use the materials provided including but not exclusive to photographic images, designs and slideshows/videos for their own personal use. Please note Commercial usage is excluded from this agreement and a separate agreement must be made with the photographer/videographer/ Gavara naidu matrimony services for commercial use of the materials supplied, commercial use include use to promote any form of business or organization. The customer agree not to use the final photographs / video images to any third party for advertising or other third party promotional events without prior written permission from the Gavara naidu matrimony services.
All other orders such as albums and photographic prints/videos will take approximately two to four weeks after the final shoot. The photographer/videographer will make every attempt to provide the Customer with their orders as soon as possible but cannot guarantee a quicker service that the one detailed above.
The Customer will be informed by either telephone or e-mail once the photo album/video (CD/pen drive) is ready and available for collection or once the order has been dispatched to the Customer. If there is any issue in retrieving data from the CD/pen drive the issue should be informed to Gavara naidu matrimony services within one week of the delivery.
The photo album/video (CD/pen drive) will be dispatched to the Customers address as stated on the invoice. Gavara naidu matrimony services will not accept liability for loss of goods (photo album/video (CD/pen drive) dispatched if there has been a change of address and the Customer have not given notification of this by phone or e-mail or in writing which has been acknowledged by Gavara naidu matrimony services at their registered office address at 4-A, Melapudur Main road, Near Subway, Trichy – 620001. In the case of un-notified delivery address changes Gavara naidu matrimony services will request an additional fee to re-process the delivery of photo album/video (CD/pen drive) and re-deliver the photo album/video (CD/pen drive).
Please also note that if photographer/videographer are able to accommodate alternations requested by the Customer, then additional charges may be requested to reasonably cover additional costs incurred or additional working hours undertaken in order to accommodate the requested changes. Additional charges for travel may be made in cases where free travel was or was not included in the original coverage booked. Additional charges may be made for increased working hours in cases where an estimated finishing or starting time for the booking date had been previously agreed by photographer / videographer / Gavara naidu matrimony services and the Customers. The photographer/videographer will inform the Customer of any additional charges required in order to accommodate bookings either verbally or in e-mail before changes to bookings are finalized.
Due to a variety of lighting conditions and the limitations of professional film or digital capture, some colors may alter slightly throughout a set of photographs. Please note that certain colors do not reproduce exactly on photographic film or paper and the photographer/videographer will not be liable if this is the case.
It is understood that all photographic printing is undertaken within the technical limitations of the process and that colour may not necessarily be facsimile over the whole range of colours within a subject. It is also understood that prints made at different times or in different sizes may be variable in colour balance and photographer/videographer / Gavara naidu matrimony services will not be liable if this is the case.
All print and presentation sizes quoted are approximate and subject to the discretion of Gavara naidu matrimony services. Although all equipment is checked regularly by photographer/ videographer, they will not be responsible for photographs that are not produced due to technical failure of any kind, either at the shooting or processing stage.The photographer/videographer will capture as many family/friends shots as possible in the time frame given but cannot be held accountable by the customer for family/friends shots missed for whatsoever reason.
In the unlikely event of total or part photographic/video-graphic equipment failure, hard drive failure, memory card failure, theft, death, injury or illness, accident, act of public enemy, enactment, rule or order or act of government, or other unforeseen circumstances beyond the photographer/videographer’s control, such act or omission or event being deemed an event of force majeure, the photographer/videographer / Gavara naidu matrimony services liability shall be limited to a full refund of all moneys paid and the photographer/videographer/ Gavara naidu matrimony services shall not be responsible for other compensation, damages including but not limited to consequential damages, indirect damages, remote damages, emotional loss, mental agony, or otherwise.
The photographer/videographer / Gavara naidu matrimony services retains the copyright of all images taken and may be used for advertising, competitions or promotional purposes at the photographer/videographer / Gavara naidu matrimony services discretion. Customer hereby agree that Gavara naidu matrimony services shall have the right to use such photos, videos and/or films in any medium of communication (including, without limitation, print, press, internet (including websites, social media) or any multimedia medium) and in any reasonable manner as Gavara naidu matrimony services may decide in its sole discretion, without any restriction or limitation whatsoever. Gavara naidu matrimony services shall ensure that such use of Customers and their guest image photo, video and/or film shall be free from any vulgar, obscene, misleading, defamatory, derogatory or libelous depiction of the persons visible in such advertising, competitions or promotional campaign. The customer agree not to use the final photographs / video images to any third party for advertising or other third party promotional events without prior written permission from the Gavara naidu matrimony services.
The Customer agrees and understands that no one other than Gavara naidu matrimony services or any designated third party of Gavara naidu matrimony services is permitted to edit any photographs provided by Gavara naidu matrimony services.
In booking for the Service, Customer has taken into consideration the photographer/videographer’s style and are hereby granting artistic license in all aspects relating to the photos/video taken at the event so sought to be photographed/video graphed for by the Customer.
The photographer/ videographer will give suggestions for location photographs/ videographer if requested by the customer but will not be liable for the guarantee of the use of the location nor the conditions of the location including any charges for use of such locations.
If the wedding is cancelled by the customer or family for any reason 30 days or less prior to the wedding day the customer agrees to pay the full balance of the photography package.
This agreement is subject to force majeure thereof due to act of god or act of war or any natural calamities or any promulgation of an act of the Government or statutory authorities.
Unless otherwise provided in this Agreement, any payments made by Customer to Gavara naidu matrimony services is/are non-refundable and non-transferrable.
All taxes (including any future) levied on end product delivered to Customer by Gavara naidu matrimony services, if any, will be borne by Customer.
All or any dispute arising hereof between Customer and Gavara naidu matrimony services shall be subject to the court’s jurisdiction at Chennai.
Any dispute or difference arising out of this Agreement, the construction of any provision of this Agreement or the rights, duties or liabilities of the Parties hereto under this Agreement, shall be settled amicably through mutual discussion between the Parties within ten (10) days, failing which the same shall be referred to adjudication by way of arbitration in accordance with the provisions under the Arbitration and Conciliation Act, 1996 (as amended), to be adjudicated by sole arbitrator nominated solely by Gavara naidu matrimony services, and the venue, seat and or place of arbitration shall be Trichy. The award will be enforceable by decree of any competent court in Trichy. Language of Arbitration to be in English. Either Party may initiate arbitration on an issue by tendering Fifteen (15) days notice to the other Party. The non-prevailing Party will pay the arbitration fee and cost incurred by the other / prevailing Party. The arbitration proceedings shall be in English. Any award made in such arbitration will be final and binding on the Parties.