Terms and Conditions

TERMS AND CONDITIONS

By accepting the goods and or services from 11 Studios, you agree you have fully read and understand these terms and conditions and it serves as a legabinding contract for which you are bound.

PAYMENTS

WEBSITE & HOSTING

Website design and email services will not begin until a deposit of half ( 50% ) of contracted agreement has been paid in full. Upon completion of the initial 50% of the contracted work has been completed, we will request an additional 25% payment to continue work and all prior payments and deposits up to this point will be non-refundable. A final bill, plus any change orders, will be submitted upon completion of 75% of the contracted agreement. Any change orders beyond this point will be paid, in full, at time of request and prior to live deployment.  Upon completion of the website, or live deployment, whichever comes first, the contracted agreement will be considered fullfilled and all payments will be non refundable. We will not deploy live websites until all payments have been received. By continuing to utilize our services, you remain bound to these terms and conditions.

PHOTOGRAPHY

The end time negotiated in your contract or invoice, will constitute the end of your photography session and this agreement will be conscidered fulfilled. You may purchase more hours, during the time of the event, at $250.00/hr. 11 Studios cannot guarantee extra time can be allotted and will reserve the right to deny service without legal repercussion.

FEES

Late payments on rendered goods are subject to a $15.00 service charge in addition to a 2.5% per month service charge to any unpaid balance after 30 days of the invoice terms. Payments not received within 90 days will be turned over to collections, and reported to the credit bureau, and further legal action will be taken.

You agree to be responsible for the payment of any legal fees and costs associated with any collection efforts necessitated by the failure to timely pay the amount invoiced. You further agree to submit to the jurisdiction of the courts of the State of Tennessee that such courts shall be the sole and exclusive venues for the resolution of any dispute arising with respect to the goods that are subject to this invoice, whether as to collection or for the disposition of any other issues, and that the laws of the State of Tennessee shall be applied exclusively to the resolution and disposition of same.

CANCELLATIONS

Photography

You may reschedule your session one (1) time within 6 weeks after your original session date. Cancellations must be in written form 24 prior to the scheduled start time, EST, otherwise all services will be conscidered fulfilled.

Website Design

Terminated contracts will abide by your individual agreement during the time of purchase.

 

REFUNDS

Photography

Deposits are non-refundable. Payments beyond the deposit are nonrefundable starting 48 hours prior to your session.

Website Design

Refunds contracts will abide by your individual agreement during the time of purchase.

 

RETURNS

Tangibles – Claims for damages, shortages, etc. must be made within 48 hours of good receipts. Goods will not be accepted without a return authorization.

DIGITAL DELIVERY

Photography

A digital download link of your images will be provided, 8 weeks for all non wedding sessions, or 12 weeks for weddings, after the event date unless otherwise specified, in writing, prior to your event. If the end of the 12 weeks falls on a weekend, holiday, or vacation, you will be provided your digital images the following working business day. You must download your files within 4 weeks of delivery. We reserve the right to remove download links after this time to save on hosting space. You may request and purchase a copy of your files for $25.00 after this time.

RELEASE OF LIABILITY

You agree to release 11 Studios, its’ employees and contractors, from any liability ( including attorney fee’s ) in the event of a natural disaster, illness, motor vehicle accidents, sickness, death, unforeseen hardware or equipment failure, accidental damage to equipment, accidental or purposeful damage to 11 Studios equipment from you or your guests, or loss / partial loss of image data files which prevents 11 studios from obtaining image files or continuing services during your event date. 11 Studios, or appointed personnel, may negotiate a refund, minus any labor hours at the rate of $250.00/hr for photography, plus $50.00/hr for edited images provided and $95.00/hr for design hours completed.

COPYRIGHT

All images and designs, files and artwork are fully copyrighted and will remain the property of 11 Studios.

After 8 weeks, or upon the delivery of your images, designs, art files or live deployment, whichever comes first, you release 11 Studios and all photographers, employees and contractors representing 11 Studios from any liability ( including attorney fee’s ) due to loss or damage of the images or data files, and you also release 11 Studios from any obligation to maintain copies of any digital file, image or photograph. You hereby grant to 11 Studios the right to use and publish the images, edited images, and all photographs taken at your event to further promote it’s service, including portfolio, website, display , advertisement, social media platforms, printed form and editorial use with or without your name, company name or fictitious name. You waive any and all rights to review or approve any uses of the images, any written copy or finished product.

By accepting receipt of goods and/or services on this invoice, you also agree NOT TO SELL OR ALTER PROVIDED PHOTOGRAPHS, REDISTRIBUTE OR SELL GRAPHIC ARTWORK OR WEBSITE DESIGNS, online or in person without written approval and authorization from 11 Studios. 11 Studios owns the full copyright to all art and photography and you are provided a transferable print or usage release.

 

WEBSITE USE TERMS

These Website Use Terms and our Privacy Policy apply to your access to and use of this website. By accessing, browsing, or using this website, you acknowledge that you have read, understood and agreed to these Terms and the Privacy Policy. If you do not agree to these Terms or the Privacy Policy, please do not use this website.

You may buy goods offered online by us by completing the order form available on our website. To buy goods via our website, you must be at least 18 years of age. By placing an order, you confirm that you are at least 18 years of age and that all information you provide is accurate, compete and not misleading.

You agree to deal with us in good faith and in compliance with all applicable laws. We may cancel orders where we consider that you have not dealt with us in good faith or have otherwise breached applicable laws, even if the order confirmed and credit card charged. If your credit card is charged for the purchase and we cancel the order, we will notify you and credit your credit card account for the amount charged, less delivery charges and applicable taxes and duties, at our discretion.

You must register with our website to be able to make purchases from our online store. Once you submit an order, you cannot cancel it once the order has been process. All orders are subject to acceptance by us, at our discretion.

USE OF THIS WEBSITE

You agree to comply with all domestic and international laws applicable to your use of this website. Without limitation, you agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of this website, including by uploading or transmitting through the website any viruses, worms, trojans or other potentially destructive programs designed to interfere with, interrupt or disrupt the normal operating procedures of this website or any computer. You must not impersonate or misappropriate the identity of another person. Use of this website in contravention of these Terms may result in you being banned from the website and being liable to 11 Studios for breach of contract and/or infringing applicable law.

INFORMATION ON THE WEBSITE

Information on this website may or may not change from time to time. It is not promised or guaranteed to be correct, current or complete. This website may contain technical inaccuracies or typographical errors. 11 Studios assumes no responsibility (and expressly disclaims responsibility) for updating this site to keep information current or to ensure the accuracy or completeness of any posted information. Accordingly, you should confirm the accuracy and completeness of all posted information before making any decision based on information on this website.

ADVICE

This website may contain advice and other tips and information including in relation to photography, design and hosting. That advice and information is of a general nature only. It should not be relied on as applying to your specific situation. Obtain specialist advice in appropriate situations.

THIRD-PARTY MATERIAL

This website may provide links or references to third party websites (Linked Sites) or display material sourced from a third party (including a product supplier or consumer) (Third Party Material). 11 Studios is not responsible for and does not endorse: (a) the content of Linked Sites or Third Party Material; (b) any use or misuse of information you may supply to or obtain from a Linked Site or any Third Party Material; or (c) any goods or services offered via Linked Sites. 11 Studios does not warrant or represent the accuracy, utility or any other characteristic of Third Party Material or information or content appearing on Linked Sites. Millers is not a party to or responsible for any transactions you may enter into with third parties, even if you learn of such parties (or use a link to such parties) from this website.

VIRUSES

You are responsible to protect your computer from malicious or destructive content and programs such as viruses, worms and Trojans, and to protect your information as you deem appropriate.

CONTRIBUTION OF CONTENT

11 Studios may allow user-generated content on this website including video, photos, wall posts and comments, at its discretion from time to time. However, 11 Studios is not responsible for the content submitted and does not endorse the opinions expressed by the users of this website. You must not post on this website any material that is abusive, defamatory or obscene or which is contrary to law or to the rights of any party. 11 Studios may block or delete from this website any material you post that 11 Studios decides contravenes those requirements. By submitting content, you agree that 11 Studios may use this content including your name, either temporarily or permanently, for testimonial, marketing or other purposes in any media without any compensation to you. You promise that all content you submit is your original work and that submitting it does not infringe the intellectual property or other rights of any person.

DISCLAIMER OF WARRANTY

You use this website at your sole risk. To the extent legally permitted, all materials, information, products, programs and services are provided “as is”, with no warranties, conditions, representations or guarantees (Warranties) whatsoever. To the extent legally permitted, 11 Studios expressly disclaims all implied, statutory and other Warranties, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement of proprietary and intellectual property rights. Security measures have been deployed to the 11 Studios servers to the best of our ability to defend hack, worms, viruses, attacks, etc., breeches,  to the best of our ability. We utilize the https protocol and provide a hash ssl certificiate which encrypts your data on transfer from your browser to our servers. We save passwords and personal information, encrypted, in our database(s) in the event this information has been compromised. This is an extra security measure taken to safeguard your data. Credit Card information and SSN are not saved on the 11 Studios server. Your Credit Card information may be saved, by the Quickbooks Online Software, and 11 Studios is not held responsible for a breech of the Quickbooks Online Software program. Please visit the Quickbooks website to read their terms and conditions.

In the unlikely event that our website host servers or email servers have been compromised, without limitation, 11 Studios does not warrant or guarantee that your personal data will not be compromise or that the functions within this website will be uninterrupted, error-free or secure, that any defects will be corrected, or that the 11 Studios server will be available or free of viruses or other harmful elements. You agree that in using this website you have not relied on any Warranty made by 11 Studios not expressly contained in these Terms. You understand and agree that if you upload personal information, download or otherwise obtain materials, information, products, software, programs or services, you do so at your own discretion and risk and that you will be solely responsible for any damages that may result, including loss of data or damage to your computer system. If applicable law prohibits the exclusion of any of the Warranties referred to above, to the extent legally permitted, 11 Studios limits its liability for breach of any such Warranties to resupply of the affected products or services or payment of the cost of resupply of the affected products or services, at 11 Studios discretion.

AGREEMENT

By accepting the goods and or services reflected in the invoice or contract, you agree you are of legal age. You also agree you have fully read and understand these terms and conditions and it serves as a legal binding contract for which you are bound.

In regards to photography, the end time negotiated in your contract or invoice, will constitute the end of your photography session and this agreement will be conscidered fulfilled. You may purchase more hours, during the time of the event, at $250.00/hr. 11 Studios cannot guarantee extra time can be allotted and will reserve the right to deny service without legal repercussion.

 

PAYMENTS

A non-refundable deposit is required to reserve your photography date. Sessions must be paid in full before photography serves begin. Website design and email services will not begin until a deposit of 50% of contracted agreement has been paid in full. Artwork and live website deployment will be rendered upon payment of final invoice, no exceptions.

 

FEES

Late payments on rendered goods are subject to a $15.00 service charge in addition to a 2.5% per month service charge to any unpaid balance after 30 days of the invoice terms. Payments not received within 90 days will be turned over to collections, and reported to the credit bureau, and further legal action will be taken.

You agree to be responsible for the payment of any legal fees and costs associated with any collection efforts necessitated by the failure to timely pay the amount invoiced. You further agree to submit to the jurisdiction of the courts of the State of Tennessee that such courts shall be the sole and exclusive venues for the resolution of any dispute arising with respect to the goods that are subject to this invoice, wether as to collection or for the disposition of any other issues, and that the laws of the State of Tennessee shall be applied exclusively to the resolution and disposition of same.

 

RETURNS

Tangibles – Claims for damages, shortages, etc. must be made within 48 hours of good receipts. Goods will not be accepted without a return authorization.

 

DELIVERY OF GOODS

A digital download of your images / files will be provided 4-8 weeks after the event date unless it was otherwise specified prior to your event. If the end of the 8 weeks fall on a weekend, holiday, or vacation, you will be provided your digital images the following working business day.

 

CANCELLATIONS

You may reschedule your session one (1) time within 6 weeks after your original session date. Cancellations must be in written form 24 prior to the scheduled start time, EST, otherwise all services will be conscidered fulfilled. 

 

REFUNDS

Deposits are non-refundable. Photography payments beyond the deposit are nonrefundable starting 48 hours prior to your session. 

 

RELEASE OF LIABILITY

You agree to release 11 Studios, its’ employees and contractors, from any liability ( including attorney fee’s ) in the event of a natural disaster, illness, motor vehicle accidents, sickness, death, unforeseen hardware or equipment failure, accidental damage to equipment, accidental or purposeful damage to 11 Studios equipment from you or your guests, or loss / partial loss of image data files which prevents 11 studios from obtaining image files or continuing services during your event date. 11 Studios, or appointed personnel, may negotiate a refund, minus any labor hours at the rate of $250.00/hr for photography, plus $50.00/hr for edited images provided and $95.00/hr for design hours completed.

 

COPYRIGHT

All images and designs, files and artwork are fully copyrighted and will remain the property of 11 Studios Photography.

After 8 weeks, or upon the delivery of your images, designs, art files or live deployment, whichever comes first, you release 11 Studios and all photographers, employees and contractors representing 11 Studios from any liability ( including attorney fee’s ) due to loss or damage of the images or data files, and you also release 11 Studios from any obligation to maintain copies of any digital file, image or photograph. You hereby grant to 11 Studios the right to use and publish the images, edited images, and all photographs taken at your event to further promote it’s service, including portfolio, website, display , advertisement, social media platforms, printed form and editorial use with or without your name, company name or fictitious name. You waive any and all rights to review or approve any uses of the images, any written copy or finished product.

By accepting receipt of goods and/or services on this invoice, you also agree NOT TO SELL OR ALTER PROVIDED PHOTOGRAPHS, REDISTRIBUTE OR SELL GRAPHIC ARTWORK OR WEBSITE DESIGNS, online or in person without written approval and authorization from 11 Studios. 11 Studios owns the full copyright to all art and photography and you are provided a transferrable print or usage release.

 

 If this policy is violated, 11 Studios reserves the right to take all necessary & appropriate actions under the law.

Terms and Conditions March 14, 2018