iFoto Pty Ltd. T/A's Edupic School Photography Terms and Conditions

The following Terms and Conditions are bound between all schools contracting iFoto Pty Ltd. trading as Edupic school photography to provide a school photography service, herein referred to as Edupic

PROFESSIONAL STAFF AND TRAINING
Edupic will at all times provide professional service standards, executed by professionally trained and dedicated photographers and assistants. All Edupic staff are qualified and additionally trained by Edupic.

METHOD OF DELIVERY
At the time of Delivery, Edupic guarantees that all products will be complete and clearly labeled for easy distribution to students and their families.
Delivery will be by Registered Post or Private Courier. No photographic packages will be delivered by regular post unless requested specifically, in writing, by the school/client. Edupic accepts no responsibility for packages that are sent in an alternative method to our standard operating procedure, where that variation is at the request of our client.
Where any package that has been duly ordered and paid for has suffered misadventure due to an error or omission by Edupic, Edupic will replace that package with priority from the time of notification and acceptance of fault.

COMPLAINTS HANDLING AND LIMIT OF LIABILITY
Where the client is not satisfied with the quality of the package of photographs that they have purchased, Edupic will reprint the images or refund the value of the package of photographs where there is a material fault with the product that affects its merchantable quality, upon return of the images that are the subject of the complaint.
All complaints will be handled on a confidential case-by-case basis.
Edupic limits its liability in any case of dissatisfaction to the cost of reproducing the work or re-performing the work, refunding any monies claimed, however that liability will not exceed the value of the sale.
With respect to above, Edupic will exercise its sole discretion in remedying any dissatisfaction.

Edupic will only discuss the quality and remedy of individual packages with students or their families once the product has been delivered. No complaints will be accepted after 7 days from delivery.

COPYWRITE
Edupic does with respect to any and all State and Commonwealth legislation retain and own all images that are produced under this contract.
The school will be provided with a CD Rom of all final images that were captured during the photography session. These images are for the use only by the school for internal purposes or for inclusion in electronic or print publications that are distributed without charge.
Only with the express permission of Edupic may a person or organisation use or reproduce images for personal financial gain or commercial benefit.
Edupic reserves its right to seek compensation from any person or organisation that does or seeks to breach the protected copyright of its images.
No image is to be reproduced for commercial or personal financial gain by the school or any of its employees, contractors or agents, without the express written permission from Edupic.
The school accepts liability on behalf of any organisation or member whom infringes the copyright of those images.

FEES AND COSTS
The Fee Structure for this service is attached as an addendum to your booking confirmation documents that you receive at the time of booking.
There will be neither increase nor decrease of those fees without the mutual agreement of both Edupic and School. However such alteration is not guaranteed if requested by either party individually.
Payment can be made by Cash, Cheque, Australian Money Order, Credit Card (Visa, Bank Card, Master Card and American Express). An administration fee of $5.00 plus any additional bank charges will be payable for any declined transactions.
Late orders will incur a $15.00 loading on each order per student, to be paid by the parent/student ordering.

DELIVERY PLUS GUARANTEE – TERMS AND CONDITIONS

Edupic will guarantee shipping of the product within 30 working days of the photo shoot where standard backgrounds are used for portraiture photography, and 45 working days where a school elects to take the option of green-screen portraiture for background manipulation. Failure to ship the order within the specified time frame where the school has complied with all conditions of the Agreement will result in a 100% money refund to the students, as well as delivery of the packages.
The School will undertake all tasks as required by Edupic as detailed below to qualify for this agreement.
Upon failure at any time to comply with a process or request by Edupic, as outlined in this Contract, the Delivery Guarantee will be void, however not affect the Policy of Edupic to achieve delivery within the respective time frame.
Edupic will provide the school with online viewing capabilities for the purposes of proofing all images within 10 working days from the scheduled photography booking where standard backgrounds are used for portraiture and 20 working days where the school has elected to take the option of green-screen portraiture.
The school will complete all naming and proofing of images within 10 working days of the images being made available online, returning advice of changes via the secure log in section of Edupic On Line.
All naming and approval must be completed through the secure log in section of the Edupic web site.
The Guarantee will be void in the event that the school does not provide at least 10 working days for production of the photographic packages and the guaranteed shipping date.
It is the responsibility of the School to notify Edupic where shipping does not occur within the specified time period.

COMMISSIONS AND INCENTIVES
All commissions and incentive entitlements accrued by the School will be registered in the EduRewards section of the school’s online log in section. To be eligible, the School must Register on-line and accept to participate, including accepting the Terms and Conditions of EduRewards.

ADMINISTRATIVE REQUIREMENTS - INTERNAL MARKETING
The School is charged with the responsibility of making all reasonable efforts available for the promotion and advertisement of the School Photographic Services within the school prior to the scheduled booking.
The school will be supplied with access to posters and advertising material from the Edupic web site, www.edupic.com.au, which can be reproduced in colour or black and white, in A4 and A3 sizes.
Order Forms are to be distributed to students at least 3 weeks prior to the scheduled booking, or as early as practicable where a period of at least 3 weeks is determined to be to the detriment of maximising awareness and sales for school photography.
The school may make use of Edupic SMS service to increase awareness of school photo day and assist in the promotion of school photography. There is no charge applicable for utilising this facility.
Where the school has failed in its obligation to comply with the requirements of internal marketing and Edupic experienced economic or consequential loss, the school accepts liability for that loss and any additional costs reasonably incurred in rectifying the situation.
Liability will be limited to the value of 85% of the national per head order average for Edupic in the previous Calendar year ($21.00 for 2006) multiplied by the number of students enrolled, less any sales received through school photography at the school.

ADMINSTRATIVE REQUIREMENTS - STUDENT/SCHOOL MANAGEMENT
On the day of the scheduled photography booking, the school is required to provide 1 (one) staff member at all times to be in supervision of the photography activity, and to also assist with communications and management of the students within the school.
The School is responsible for the management and behaviors of all students and the effect of any misbehavior or mismanagement.
The school is responsible for the development of an appropriate timetable for service provision, and the communication of that timetable within the school community. Edupic will give professional advice where the school requires assistance.

ADMINSTRATIVE REQUIREMENTS – STUDENT DETAILS
The School will provide a names list in the requested format prior to photography day. The format required will be advised to the school well in advance and it is essential that it is strictly adhered to.
Where an incorrect names list is provided, the School accepts liability for professional costs and time in correcting the initial errors.
By providing a students name/details to Edupic and where that student is photographed by Edupic, the school accepts complete liability for any media, publication or consent forms that are required to be completed and signed by the student, his/her parent/guardian/career. The school completely indemnifies Edupic against any resultant action where a student is presented for photography, or class/group images are taken/approved including the image of any student where said consent is absent.

ADMINISTRATIVE REQUIREMENTS – ACCURACY OF INFORMATION
Edupic will not act to verify any or all of the information provided by the school when booking photography.
It is the responsibility of the school to provide only information that is accurate, as that information will affect the business decisions of Edupic. The school may be held liable for any adverse effect cause from the provision of incorrect or inaccurate information.
The school accepts that liability, which is limited to the value of the Edupac 1 ($25.00) multiplied by the number of students actually enrolled or said to be enrolled, whichever is greater, and agrees to remit that sum within 7 days of being advised. Where inaccurate or incorrect information has been supplied., this liability will be less the value of any sales made from school photography.
It is the responsibility of the school to act to ensure maximum attendance occurs on the day, or to advise Edupic of any abnormal absenteeism. Abnormal absenteeism is an occurrence of greater the 10% of all students enrolled. The school accepts that Edupic may at is discretion seek compensation from the school to the value of $25.00 multiplied by the difference between the number of students attending on photo day and 90% of the total number of students enrolled. The school accepts liability of this fee where it is applied and will remit funds to Edupic within 7 days of receiving a Tax Invoice from Edupic.

CANCELLATION/CHANGES TO BOOKING

The school is required to give at least 30 working days written notice of any cancellation prior to the booking.
Failure to provide at least 30 working days notice will incur a cancellation fee of $16.00 multiplied by the number of students enrolled at the time of booking.
A booking may only be altered with mutual consent between the School and Edupic. Where mutual consent is unobtainable within the 30 working days prior to a booking, a cancellation fee may be payable. Any change of date must fall within the same calendar year of the original booking.
Edupic will use its discretion with regard to applying a cancellation fee, and the school accepts liability for this when accepting these Terms and booking with Edupic.

LIMIT OF LIABILITY - DISCLAIMER
The Terms, Conditions, Warranties and Guarantees in this contract are binding on both Edupic and the School, notwithstanding exposure to Edupic of any event or action precluding Edupic from conducting business, including without limitation, instances of terrorism, natural disaster, large company theft or loss. Any and all instances will be provided with supporting documentation in writing. All work affected will be refunded or re-performed, at Edupic’s discretion.

FAILURE TO COMPLY
Where the school breaches or fails to comply with the terms, conditions and requirements under the agreement to supply school photography, they accept liability for any economic loss that Edupic may experience and any costs that Edupic may incur due to consequential loss. No entitlements will be honored under eduRewards or pre-agreed incentives and commissions where the school has breached these Terms and will be withheld until an agreement is reached between Edupic and the School.