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Terms and Conditions for Photographers and Freelancers

1. Agreement to Terms

By accepting an assignment from Fiche, you agree to comply with and be bound by these terms and conditions.

2. Definition of Freelancers

For the purposes of these terms and conditions, "freelancers" refers to individuals who come to work with Fiche for any events. This includes but is not limited to photographers, videographers, cinematographers, drone pilots, and other related professionals.

3. Scope of Work

- Photographers or freelancers shall perform the services described in the assignment details provided by Fiche. - All work must be completed by the agreed deadline unless otherwise stated.

4. Professional Conduct

- Photographers or freelancers must conduct themselves in a professional manner at all times. - Any interaction with clients must be respectful and courteous. - Photographers or freelancers should adhere to the agreed-upon timing for the event to ensure punctuality and professionalism.

5. Equipment and Materials

- Photographers or freelancers are responsible for providing their own equipment and materials unless otherwise agreed upon. - Equipment must be in good working condition to ensure high-quality output. - If equipment is provided by Fiche for any event, the concerned photographer or freelancer is fully responsible for the equipment. In case of any damage, the photographer or freelancer will be liable for repair or replacement costs.

6. Intellectual Property

- All photographs or videos taken during the assignment are the property of Fiche. - Photographers or freelancers shall not use any images or footage for personal use or distribution without prior written consent from Fiche. - Photographers or freelancers cannot use their work done for Fiche in their portfolio. They may state that they have worked with Fiche but cannot use any files or images created during these assignments.

7. Confidentiality

- Photographers or freelancers must keep all information regarding Fiche and its clients confidential. - Any breach of confidentiality will result in immediate termination of the contract and potential legal action.

8. Payment Terms

- Payment terms will be specified in the assignment details. - Payments will be made within 7 - 14 days of shoot day, subject to satisfactory completion of the assignment.

9. Cancellation and Rescheduling

- Fiche reserves the right to cancel or reschedule assignments with reasonable notice. - If a photographer or freelancer needs to cancel or reschedule, they must notify Fiche as soon as possible.

10. Liability and Insurance

- Photographers and freelancers must have their own insurance covering personal liability, equipment, and any potential damages. - Fiche is not liable for any loss or damage to the photographer's or freelancer's equipment.

11. Termination

- Fiche reserves the right to terminate the agreement at any time for any reason. - Photographers or freelancers may terminate their agreement with Fiche by providing at least 14 days' written notice.

12. Governing Law

These terms and conditions are governed by the laws of India. Any disputes will be resolved in the courts of Tamil Nadu.

13. Acceptance

By accepting assignments from Fiche, photographers or freelancers acknowledge that they have read, understood, and agree to these terms and conditions.

Copyright and Usage Policy

1. Ownership:

- Default Ownership: By default, Fiche retains the copyright to all photos and videos taken during the photoshoot. This includes any edited or unedited versions of the media files. - Exclusive Rights: As the copyright holder, Fiche has the exclusive right to reproduce, distribute, display, and create derivative works from the photos and videos.

2. Usage Rights:

- Advertisement and Social Media: Fiche may use the photos and videos for promotional purposes, including but not limited to advertising, marketing campaigns, and social media posts. This helps showcase our work and attract new customers. - Non-commercial Assurance: Photos and videos will not be sold or used for direct commercial gain without the explicit consent of the user. Commercial use would involve selling the media to third parties or using it in paid advertisements outside of Fiche's promotional activities.

3. User's Rights:

- Personal Use: Users are granted a non-exclusive, non-transferable license to use the photos and videos for personal purposes. This includes sharing on personal social media accounts, printing for personal use, and other non-commercial activities. - Copyright Purchase: Users who wish to obtain full copyright ownership of their photos and videos must pay an additional fee of 10% of the total photoshoot amount. This transfer of copyright will grant the user all rights to reproduce, distribute, display, and create derivative works from the media files without restriction.

4. Process for Copyright Purchase:

- Request: Users must request the transfer of copyright at the time of booking or before the final balance payment. - Payment: The additional 10% fee must be paid along with the final balance payment. - Transfer Documentation: Upon receipt of the full payment, Fiche will provide a written agreement transferring the copyright to the user. This document will outline the rights granted and serve as proof of ownership.

5. Third-Party Involvement:

- Model Releases: If any third parties (e.g., models, makeup artists) are involved in the photoshoot, Fiche will ensure that all necessary model releases or permissions are obtained to use the photos and videos for the purposes stated above. - Collaborators’ Rights: Any collaborators involved in the shoot who wish to use the photos or videos for their portfolios or personal promotion will need to seek permission from both Fiche and the user (if the user has purchased the copyright).

6. User Consent:

- Agreement: By booking a photoshoot with Fiche, users agree to this Copyright and Usage Policy. Users will be required to acknowledge and accept these terms during the booking process. - Opt-out: Users who do not agree to the default usage rights must inform Fiche before the photoshoot. In such cases, users may be required to pay the additional fee to obtain full copyright ownership. By clearly defining the ownership and usage rights, Fiche ensures transparency and protects the interests of both the company and the users. This policy helps maintain a fair and professional relationship while allowing Fiche to promote its services effectively.

Booking and Payment Policy

1.Booking Process:

- Mobile App Booking: Users can book a photoshoot through the Fiche mobile app. The app allows users to select the type of photoshoot, date, time, and location. -Availability Confirmation: Once the booking request is submitted, users will receive a confirmation of availability.

2.Advance Payment:

- 50% Deposit: To secure a booking, users are required to pay 50% of the total photoshoot amount as an advance deposit. - Payment Methods: The advance payment can be made via various methods such as credit/debit cards, online banking, or other digital payment options available in the mobile app. - Payment Confirmation: Upon successful payment, users will receive a confirmation receipt and booking details via email and within the app.

3.Balance Payment:

- Due Date: The remaining balance must be paid before the day of the photoshoot. Users will receive reminders via app notifications as the due date approaches. - Payment Methods: Similar to the advance payment, the balance can be paid through the same digital payment options available in the app. - Final Confirmation: Once the balance payment is received, users will receive a final confirmation and detailed itinerary for the photoshoot day.

4.Cancellation and Refund Policy:

-No Cancellations: Booked photoshoots cannot be cancelled by the user. This policy is in place to ensure that our photographers and resources are efficiently managed. - No Refunds: Payments made (both the advance deposit and the balance) are non-refundable. Users are advised to be certain about their booking details before confirming the payment.

5. Rescheduling:

- Rescheduling Requests: Users may request to reschedule their photoshoot up to 3 days before the scheduled date. Rescheduling is subject to availability and must be done through the mobile app or by contacting customer support. - Rescheduling Fee: A nominal fee may apply for rescheduling to cover administrative costs. Users will be informed of any applicable fees at the time of the rescheduling request.

6.Failure to Pay Balance:

- Payment Reminder: Users will receive reminders to pay the remaining balance before the photoshoot date. - Booking Forfeiture: If the balance is not paid by the due date, the booking may be forfeited, and the advance payment will not be refunded. Users are strongly encouraged to complete their payments on time to avoid any inconvenience.

7. Exceptional Circumstances:

- Force Majeure: In the event of unforeseen circumstances such as natural disasters, severe weather conditions, or other force majeure events, Fiche reserves the right to reschedule the photoshoot without additional charges. Users will be notified as soon as possible in such cases. - Health and Safety: If a user or photographer falls ill or faces a health emergency, the photoshoot can be rescheduled without a fee. Documentation may be required for verification.

8. Communication and Support:

- Customer Support: For any booking or payment-related inquiries, users can contact our customer support team through the app, email, or phone. Our support team is available to assist with any issues or questions. - Notifications: Users will receive all important notifications related to their booking, payments, and reminders through email and app notifications to ensure they are always informed. By adhering to this comprehensive Booking and Payment Policy, Fiche aims to provide a smooth and reliable experience for users while ensuring the efficient management of our services and resources.

Security Policy

1.Data Protection:

- User Information: All personal and payment information provided by users is encrypted and securely stored. We use industry-standard encryption protocols to protect user data from unauthorized access. - Photos and Videos: All photos and videos from the photoshoots are stored in secure servers. Access to these files is restricted to authorized personnel only.

2. Access Control:

- App Access: Users must create a secure account with a strong password. Multi-factor authentication (MFA) is recommended to further protect accounts. - Internal Access: Employees and contractors with access to user data and media files undergo background checks and receive training on data security best practices.

3. Confidentiality:

- Data Sharing: User data, photos, and videos will not be shared with third parties without explicit consent, except where required by law. - Non-commercial Use: As stated in our copyright policy, user photos and videos will not be used for commercial purposes without user consent.

4. Incident Response:

- Breach Notification: In the event of a data breach, affected users will be notified within 72 hours. Our team will work promptly to contain and remedy the breach. - Mitigation Measures: We will conduct a thorough investigation to understand the cause of the breach and implement measures to prevent future incidents.

5. Regular Audits:

- Security Audits: Regular security audits will be conducted to ensure compliance with our security policies and to identify potential vulnerabilities. - Updates and Improvements: Based on audit findings, we will continuously update and improve our security measures.

6. User Responsibility:

- Account Security: Users are responsible for maintaining the confidentiality of their account credentials. We recommend changing passwords regularly and avoiding the reuse of passwords across different services. - Suspicious Activity: Users should immediately report any suspicious activity or potential security breaches to our support team.
By adhering to this security policy, Fiche ensures the safety and confidentiality of our users' data and media files, fostering a secure and trustworthy environment for all.