In order to use our services, you must be at least 18 years of age and able to enter legal contracts. When contacting us, provide complete, true, and current contact information.

We reserve the right to update the terms and conditions as needed. The revised terms shall take effect and remain in full force immediately upon publication.

If we need to contact you about your account, your project, billing, legal notices, or any other issue, we will contact you with the email address you have provided. We may also contact you by phone or postal mail, but are not required to do so. Please ensure that you ‘whitelist’ our info@studioachromatique.com email address to ensure that we do not go into your spam folder.

You are responsible for the costs of shipping your merchandise to and from our studio, and any necessary insurance for your product if needed. Choose a shipping provider with reliable tracking information and signature confirmation. If a shipment is lost, delayed or damaged, while in transit to and from our studio, we are not responsible for such loss, damage or delays.

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a) PROHIBITED ITEMS - Please do not send us any merchandise that contains narcotics, illegal drugs or controlled substances, any dangerous weapons, firearms, explosives, dangerous chemicals, obscene or pornographic materials/merchandise that is unlawful to possess in the province of Quebec, Canada.

b) SHIPPING TO US - When shipping your merchandise to us, please make sure the packages are carefully packed to ensure protection during transit. 

All packages should clearly include your name, company name (if applicable), address and phone number.

c) RETURN SHIPPING - If you would like your merchandise back after your project is complete, you can either provide a prepaid return label, or we will quote you the cost of return prior to shipping. You may also come pick up your samples in person during business hours. All return shipments are subject to our Limitation of Liability below.

d) LIMITATION OF LIABILITY FOR DAMAGE OR LOSS OF MERCHANDISE - If your merchandise becomes damaged or lost while in our possession, we will at our option replace, repair, or reimburse you for for the value of the Merchandise up to a maximum  of $500CAD total lifetime aggregate. For Merchandise valued at more than $500CAD, you should purchase your own insurance covering loss or damage to the Merchandise while in our possession and during transit to and from the studio. We are not liable for loss or damage to Merchandise exceeding a total value of $500CAD, regardless of quantity.

e) STORAGE - Upon request, we will store your Merchandise in our studio free of charge for up to 4 months after completion of your project. After 4 months, you must arrange with us for Merchandise to be returned, picked up, donated or discarded. If we are unable to obtain your preferences, Merchandise will be subject to our Abandonment policy in point 4g. However, if you wish for us to keep your samples for future projects, we will keep them for up to 1 year. If at the 1 year mark no new projects have been done, we will reach out to you for updates. If there is no response or if we do not obtain your shipping preference, the Merchandise will be subject to our Abandonment policy as well.

f) DONATING OR DISCARDING - If you do not want the Merchandise returned to you at the completion of your project, please let us know and we will donate or discard the Merchandise. We are not able to offer compensation or credit for donated or discarded Merchandise. If you choose to have your Merchandise donated or discarded, we will decide which persons or organizations receive the Merchandise or whether it is discarded instead of donated.

g) ABANDONMENT - If your Merchandise is in our possession and we weren’t able to reach you regarding it’s return, it will be considered abandoned after the time periods below have expired. If we try to obtain return shipping information or payment for return shipping and 30 days pass without us receiving the necessary information or payment, we will then email you a notice informing you that the Merchandise is at risk of being donated, discarded or sold. If another 30 days passes after we have emailed the aforementioned notice and we still have not received your return shipping information or payment, you agree that all title, interest, and ownership of the Merchandise shall be transferred to Studio A-Chromatique and the Merchandise will be donated, discarded or sold at our discretion and you will not receive any compensation for the Merchandise or proceeds from any sale.

a) PAYMENT TERMS - Payment is required to begin work on your project. When payment is received, your project is added to the next available opening on our production schedule. A non-refundable deposit of 25% is required before your project begins. The deposit is non-refundable once the project is already in the photography or retouching stage. The remaining balance will be due before the end of the 10 business days from the date of shooting and before delivering the final, unwatermarked images. Alternate payment terms may override this section if agreed upon by both parties in writing. 

b)NON-PAYMENT - If payment for our services is not rendered, we may take legal action to collect payments due. We may also exercise the Notice and Notice regime to issue takedown notices requesting the removal from website(s) any Content we’ve delivered to you that has gone unpaid. We may also seek injunctive relief to prevent unpaid Content from being published, reproduced, or displayed. Additionally, we may pursue legal action for actual, statutory, and punitive damages for copyright infringement if you publish or use our Content without remitting payment.

Payments made to us are refundable under certain circumstances as outlined below. No other refunds, returns, exchanged, or changes may be made except for the following:

If rush projects are not completed within the deadline, we will refund the rush fee portion of the project. No other refunds will be made for rush orders delivered after the deadline indicated on the invoice/email.

If you cancel your order within 48 hours of payment, we will refund your entire payment only if we receive an email indicating you wish to cancel your order. Cancellations done more than 48 hours after payment will not be refunded. Due to tight time constraints, rush orders of 5 business days or less will also not be reimbursed.

Refunds will be processed via the same method as the payment was made. Payments by cheque will be refunded by company check.

Our current pricing is published on our main page or in each subsection (eCommerce, Creative, Video & Retouching). We reserve the right to make changes to the prices we charge for our services at any time by publishing the new rates to our website. We may offer other services that aren’t listed on our website and, if applicable, those rates will be disclosed prior to work being performed.

You agree to be responsible for and pay any and all applicable sales, use, or value added taxes or duties imposed by any jurisdiction as a result of the work performed for you by us or in connection with any license we grant you.

a) ALTERATION AND ACCURACY - As part of our creative process, you agree we may make any alterations to the Content that we feel is appropriate. This includes but is not limited to color adjustments, brightness adjustments, dust removal, scratch removal, distortion removal, correction of defects, correction of manufacturing inconsistencies or errors, compositing of multiple images, adding graphics, and other alterations necessary. The Content is our artistic interpretation of the Merchandise we photograph for you. We do not guarantee that the Content will be a flawless or perfectly accurate representation of your Merchandise. It is your responsibility to ensure that the Content is an accurate representation of the Merchandise.

b) CREATIVE DIRECTION  - As our client, you may elect to provide creative direction over any aspect of the project, such as lighting, arrangement, camera angle, and editing. If you choose to exercise this creative direction, you must provide us with these directions in advance so it can be properly recorded on the invoice, shot list and/or any attachments. You must ensure this creative direction has been correctly recorded to the invoice and any attachments prior to payment. You are not required to provide direction on creative aspects of your project. Any aspects of the project for which you have not provided specific creative direction will be left up to the judgment of our production team.

c) INVOICE AND ANY ATTACHMENTS DETAIL ALL DIRECTION -  We will complete your order as it is described on the invoice and any attached documents. Our best understanding of any direction, instructions, or ideas you send to us, or we discuss with you, will be described on the invoice and any attachments. It is very important that you carefully read the invoice and any attachments to ensure they accurately reflect the work you would like for us to perform for you. If the invoice is not accurate, do not submit payment. Instead, please contact us and we will make the necessary changes. By submitting payment for an invoice, you agree the invoice correctly described the work you would like us to perform. In the case where any written or verbal communication is inconsistent with the order as written on the invoice, the invoice and any attachments shall govern.

d) REVIEW PERIOD - Immediately following the completion of the project, you will receive a download link with the final images. We allow up to 10 business days for you to provide feedback regarding the delivered Content. After 10 days, if we have not heard from you, your order will be closed and your Merchandise will be shipped back, donated or discarded as requested at the beginning of the project. If you request corrections after the 10 days, fees will apply to reopen the project.

e) RESHOOTS AND CORRECTIONS - During the review period, you may contact us to request changes to the images such as reshoots, edits or additional photos. Upon request we will reshoot or edit photos free of charge under the following conditions:

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If we make an error and deliver work that is not correct as specified on the provided shot list or references, we will reshoot or edit the work as needed to correct the error.

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If you see anything in the Content that you’d like us to touch up, we will be happy to perform up to a maximum of 3 versions/corrections free of charge at your request to further adjust details that do not need reshooting, such as color correction, exposure, blemishes, and other small adjustments.

Some change requests made during the review period may require additional charges. Examples include but are not limited to:

Additional photos - If you request additional photos that were not previously included on the invoice or shot list, we will inform you of the cost and request payment prior to completion of the extra work.

Reshoots - If we have photographed items as they were described on the invoice/shot list but you would like to see them changed, such as different lighting, camera angle, positioning, or anything else that requires them to be reshot, then we may quote an additional charge to cover the cost of reshooting them.

After production is complete, the Content will be delivered to you via Google Drive link. We will email you a link so you can view and download all the work that we have completed for you. While we make every effort to ensure availability, stability and security of this service, we cannot guarantee 100% uptime or that it will be secure against all attacks. You agree that we are not responsible for loss associated with the availability, security, or confidentiality of the Content delivered through our Google Drive. We recommend that you make backup copies of all Content for your records in the event of data loss. We are not obligated to store or archive the Content for you and if we do this, such storage should be considered as a convenience only.

You may use Content we deliver to you in connection with your order, only after full payment has been received, for any permitted use that does not violate this agreement. The rights granted herein are subject to the prohibited uses in Section 12. We hereby grant you the following rights:

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a) PERPETUAL USE - There is no expiration date on your rights to use the Content, meaning you can use the Content forever with no end date.

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b) EXCLUSIVE USE - You have the exclusive right to use the Content. Which means we will not license the content to other parties. However, we retain the right to use the Content for our own promotion publication and internal use.

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c) WORLDWIDE USE - There are no geographical restrictions on your use of the Content. You may use the Content worldwide.

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d) UNLIMITED USE - Except as provided in section 14b below, you may use and display the Content an unlimited number of times.

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e) DERIVATIVE WORKS - You may modify, retouch, combine, crop, annotate, or otherwise edit and create derivative works from the Content. Our Content contained within derivative works you create remain our copyrighted material and the terms and restrictions within this license also apply to those derivative works.

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f) PERMITTED USES INCLUDE BUT ARE NOT LIMITED TO - websites, online stores, online advertising, email newsletters, video, film, television, printed advertisements, printed catalogs, product packaging, billboards, computer software, and mobile applications.

a) UNLAWFUL USE - You may not use the Content in any illegal manner. You may not use the Content in any defamatory manner or use the Content to harass any person. Content may not be used for pornographic purposes. You may not use the Content in any way that violates the trademark, copyright, or other intellectual property rights of any party.

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b) MAY NOT BE USED IN A LOGO OR TRADEMARK - Content may not be used as a part of, or incorporated into any logo or trademark.

a) COPYRIGHT OWNERSHIP - All Content remains the copyrighted property of Studio A-Chromatique. No transfer of copyright ownership in any of the Content is granted unless explicitly agreed to in writing by us.

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b) TRANSFER AND SUB-LICENSING - You may not transfer or sub-license the Content to any other party with the following exceptions:

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    SUBCONTRACTORS - Your subcontractors may use the Content for the purpose of achieving your final intended use. Examples include but are not limited to: Your website designer using the Content to publish to your website. Your printing company uses Content to print a catalog. Your marketing company creates and broadcasts advertisements. Your subcontractors may not use the Content for any purpose other than facilitating your intended end-use.

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    YOUR EMPLOYER OR CLIENT - If you are ordering our services on behalf of your employer or your client then you may permit that entity to use the Content. If you permit your employer or client to use the Content, you certify that you have received authorization that they are bound to this entire agreement. If such authorization has not been granted to you then they may not use the content.

c) NO CLAIM OF AUTHORSHIP - You may not claim that you are the author of the Content. In any case where the author of the Content is specified, it must be attributed to “Copyright Studio A-Chromatique”

a) INTELLECTUAL PROPERTY VISIBLE ON MERCHANDISE - In some cases, Merchandise you direct us to photograph, or props used in conjunction with that Merchandise, may contain trademarks, logos, artwork, or copyrighted designs that become visible in the finished Content we product for you at your direction. By directing us to photograph Merchandise containing visible intellectual property, you certify that you either own, or have received explicit permission from the owner to use any and all trademarks, logos, artworks or copyrighted material visible on all of the Merchandise you have directed us to photograph. By using the Content, you certify that the Content and your use of the Content does not infringe on the intellectual property rights of any third party. You understand that it is your sole responsibility to obtain necessary permissions to use any and all trademarks, logos, artwork, copyrighted designs, or other intellectual property visible within the Content.

b) STOCK PHOTOGRAPHY AND ARTWORK - If stock photography or other artworks owned by third parties are incorporated into the Content we produce for you, we certify that this content has been paid for and/or licensed by us for use in the Content in accordance with the terms of service of the respective supplier. When printing Content containing the aforementioned stock photography and artwork, the maximum number of printed copies that may be produced shall not exceed 500,000 print copies. This restriction does not apply to electronic display, such as on a website.

We certify that we have obtained appropriate releases from any models depicted in the Content and the Content will not infringe on any moral right, privacy right, or right of publicity of any model depicted within the Content so long as the Content is used in accordance with sections 11 and 12 of this agreement.

The Content is provided, to the maximum extent permitted by law, “as-is” with no warranties of any kind, either express or implied, including but not limited to warranties of merchantability or fitness for a particular purpose. We do not warrant or represent that the Content will meet your requirements or that the Content will be free of errors.

a) ACCESS AND USE ON CONTENT - Unless noted otherwise, all materials on the website including text, images, logos, icons, photographs, and any other materials written or otherwise that are part of the website (collectively the “Contents”) are copyrighted property owned by Studio A-Chromatique, one of its affiliates, or by third parties who have authorized their materials for use on our website and are protected by Canada and international copyright laws. Canada and international copyright laws also protect the arrangement of Contents on this website and the method of presentation of these materials. You may not reproduce, publish, transmit, distribute, display, modify, create derivative works from, sell or exploit in any way, in whole or in part, any of the Contents, the website, or any related materials, except that we grant you non-transferable, non-exclusive, limited permission to access Content and display this website on your computer or device. This permission is on the condition that you do not modify the Content on this website, that you keep intact any copyright or trademark notices, and that you accept the terms, conditions and license accompanying any Content contained within this website.

b) WEBSITE SECURITY - Users are strictly prohibited from violating or attempting to violate the security of this website, including but not limited to:

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    UNAUTHORIZED ACCESS - Accessing data not intended for a user or logging into any server or account that the user is not authorized to access.

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    VULNERABILITY SCANNING - Attempting to scan or test the vulnerability of the website or any system or network associated with the operation of studioachromatique.com

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    INTERFERENCE - Attempting to interfere, without limitation, with service between the website and any user, with the secure operation of the website, or with the stability of the website via means of submitting a virus to the website, overloading, “flooding”, “spamming”, “mail bombing”, or crashing the website.

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    SPAMMING - Sending unsolicited email, including promotions and/or other advertising of products or services.

c) ACCURACY - We make every effort to ensure the accuracy of the information contained on our website. However, we are not liable for typographical errors, pricing errors, omissions, or mistakes that may be present in the content of the website. If you find an error on our website, please contact us so we can fix it.

d) LINKED WEBSITES - This website contains links to third party websites. We do not accept any responsibility for any such links and do not endorse or monitor them for content. We shall not be responsible for any damage or loss sustained through the use of these linked websites or their services.

e) INTERNET TRANSMISSION PROBLEMS AND VIRUSES - Due to transmission problems or technical difficulties with the Internet or this website, it is possible for you to receive inaccurate, incomplete, or outdated copies of information from this website. It is also possible for computer viruses or malicious software to affect this website or be inadvertently downloaded from this website. We shall not be liable for any inaccurate or incomplete information delivered to you as a result of a technical or transmission error. We are also not responsible for any damage caused by malicious software or viruses downloaded in connection with the use of this website. We recommend you use appropriate commercially available antivirus software to help protect yourself from this type of attack.

If we feel your project is not a good fit, we reserve the right to refuse service and decline the project.

You agree to indemnify and hold us and our employees, officers, and owners harmless from any losses, including all attorney fees that may result from any claims you make that are prohibited under these Terms due to any Limitation of Liability or other provision. You agree to indemnify, defend, and hold us harmless from any losses, including attorney fees, which result from third party claims alleging you did something that, if true, would be a violation of any of these Terms.

You assume full responsibility for any loss that results from your use of our service or Content to the maximum extent permitted by law. We and our employees, officers, and owners, are not liable for any indirect, special, punitive or consequential damages under any circumstances, including but not limited to delays, even if based on negligence or if we’ve been advised of the possibility of such damages.

If any of these Terms are found to be unenforceable for any reason, such as provision shall be modified only to the extent necessary to make the provision enforceable and all other Terms shall remain in full force and effect. If we choose not to act on a breach of these Terms for any reason, it does not constitute a waiver of our rights with respect to such a breach or any subsequent breaches of these Terms.

 In the event of litigation, the prevailing party shall be entitled to collect from the other party it’s reasonable costs and necessary disbursements and attorneys’ fees incurred in enforcing this Agreement.

If you violate any of these Terms, we may seek injunctive relief from the courts or any other equitable relief.

You may not assign your rights under these Terms to any other party. However, we may assign our rights to any other entity or individual at our discretion.

These Terms shall be governed and construed in accordance with Quebec law as such law applies to agreements between Quebec residents entered into and to be performed within Quebec and without effect to any Quebec laws regarding conflicts of law. Any action or proceeding arising from these Terms or your use of our service or content must be held in the province and federal courts in Montreal, Quebec.

These Terms of Service make up the entire agreement and supersede all prior agreements, understandings, and representations.

If you have any questions about this agreement, our website, or any of our services, please direct these inquiries to:

Studio A-Chromatique

info@studioachromatique.com

438-275-8574