Termini di servizio

These terms are between Davide Balduzzi, trading as Balduzzi Capture, ABN 43 216 248 196, Byron Bay NSW ("Balduzzi Capture", "we", "us") and the person or business that books us (the "Client", "you"). They apply when you book us, pay us, or use our website, balduzzicapture.com.

Our services are photography, film, website design and development, and brand identity, including one-off bookings, one-off projects and monthly plans. The details of each booking are in the quote, proposal, invoice or booking confirmation, which forms part of these terms. If they conflict, the quote wins for that booking.

A booking is confirmed when you accept a quote in writing (email is enough), pay a deposit or invoice, or we start work, whichever comes first. A conversation alone doesn't confirm a booking. We can decline a booking, or stop one, if the work would be unlawful, unsafe or outside what we do.

The starter session is $500 for one hour on location in Byron Bay, the Northern Rivers or the Gold Coast, photos only, for a first booking. All the good photos are edited and delivered within 48 hours. If you book a larger project with us within 60 days of the session, the $500 is credited against it. The credit has no cash value and doesn't apply to anything booked after the 60 days. Further away, travel is added and quoted first. Clause 4 applies to rescheduling.

What you receive. A shoot delivers a selection of edited photographs and, if the quote says so, edited films, in the formats agreed. Unselected images and unedited footage are not included unless the quote says so.

Timing. Photos are normally delivered within 24–48 hours and a film within about a week. These are targets, not guarantees. They can move if you are slow to give feedback or if something outside our control happens.

Rescheduling and cancelling. You can reschedule a booked shoot once without charge with at least 48 hours' notice. Later changes, or cancelling inside that window may be charged up to the full shoot fee, because the day is held for you. If weather or illness stops a shoot, we will offer a new date and won't charge extra.

Access, people and places. You are responsible for arranging access to the location and for any permission needed from the venue and from people who appear (staff, models, customers, guests). We may stop or change a shoot if it isn't safe or if someone doesn't want to be photographed.

Travel. Travel outside Byron Bay, the Northern Rivers and the Gold Coast, and any accommodation, is quoted and agreed before booking.

We own the copyright in the photographs and films we make. Once you have paid in full, you receive a perpetual, worldwide, non-exclusive licence to use the final delivered work for your own business and brand, including your website, social media, advertising, print, press and packaging. You may edit it, for example by cropping or colour-matching, but not in a way that changes its meaning or harms our reputation.

You may not sell the work, licence it to others, or use it as stock without our written agreement.

Extended and commercial uses are agreed and quoted separately. The licence above covers the ordinary promotion of your own business. Anything beyond that needs a separate written agreement and fee, discussed before the work is used. This includes, for example: large paid advertising campaigns (such as broadcast, cinema, billboards and other outdoor, or national and multi-market campaigns); books, magazines, exhibitions and other publications; products and merchandise; stock, resale or licensing to anyone else; and any use that earns you or a third party a different kind of income from the work. If you're not sure whether a use is covered, ask us first.

We may use the completed work in our portfolio, website, social media, pitches and marketing unless you tell us before the shoot that you need confidentiality, and we have agreed that in writing (an NDA also works). If the work shows a person, we'll respect a reasonable request to take it down.

Scope. A website quote covers up to five pages as set out in the quote. Copywriting, photography, domain registration, content entry, advertising and search engine work are not included unless the quote says so. You are responsible for the accuracy and legality of the content you supply.

Your responsibilities. You provide content, feedback and approvals on time. Delays on your side move the timeline and don't entitle you to a discount or refund. If a project is inactive for 30 days or more, we may pause or close it, and work done to that point remains payable.

Third-party services. Websites rely on services we don't control, such as hosting, domain registrars, payment providers and form and email services. We aren't responsible for their outages, changes, prices or loss of data.

No guarantees. We build to current good practice but do not promise search rankings, visitor numbers, conversion rates, uptime, or compatibility with every device, browser or future software update.

Hosting and upkeep. Where you're on hosting and upkeep (currently $90 a month), we host the site, keep it current and make small changes. Larger changes are quoted. Your domain name always stays registered in your name.

After launch. If you stop upkeep, maintenance, updates, security and backups become your responsibility. We aren't liable for problems caused by changes you or others make to the site.

Handover. When you have paid in full, you may ask for the site files, and we will provide them in full.

A brand identity may include research, logo, colour palette, typography, tone of voice, photo and art direction, guidelines, mockups, templates, business cards and an email signature, as the quote lists. Parts may be designed by a specialist we work with, under our art direction.

Revisions. A fixed-price identity includes two rounds of revisions to the concepts we present. A new direction, extra concepts or a changed brief are extra and quoted.

Files. You receive the agreed deliverables in the agreed formats. Editable working files are included only if the quote says so.

Your approval. You approve the final work before it is used. We don't check trademarks, registrations or legal availability of a name or logo, and aren't responsible for those issues.

Third-party assets. Fonts, stock images and templates may need their own licences. You are responsible for buying and keeping any licences, unless the quote says we've included them.

Term. A monthly plan runs for 12 months, billed monthly in advance. It continues month to month after that, until you give 30 days' written notice.

Leaving early. If you end a plan before the 12 months are up, the website discount you haven't yet earned is payable, as set out in the quote, and the site files are then handed over in full. The shoots and services still to come in the term aren't refunded.

Unused shoots. Shoots and allowances included in a plan are for use within the term and lapse at the end of it.

Price changes. After the first 12 months we may change plan prices with 30 days' written notice. Carrying on after that date means you accept the new price.

If payments stop. We may pause shoots and suspend hosted websites while a payment is overdue.

Currency. Prices on our website are shown in Australian dollars (AUD). If you are outside Australia, we can quote and invoice in your own currency, for example USD, EUR or GBP. The currency, and the amount in that currency, are stated on your quote and invoice, and that amount is what you pay. The conversion from AUD is made at the exchange rate on the date of the quote, and the quote stays valid for 14 days; after that it may be re-quoted. We aren't responsible for currency conversion charges, international transaction fees or exchange-rate movements applied by your bank, card issuer or payment provider.

Tax. Amounts exclude GST, which is added where it applies, and exclude any other tax that applies in your country.

Payment terms. Anything built once, such as an identity, a website build or a launch film, is paid upfront or by deposit as the quote says. Invoices are due within 7 days unless the quote says otherwise, in cleared funds.

If an invoice is overdue we may pause work and deliverables until it is paid, and we aren't responsible for delays caused by late payment. We may ask for full or part payment upfront for any later booking. If we have to recover an unpaid invoice, you are responsible, to the extent the law permits, for the reasonable costs we incur doing so, such as a collection agency or legal fees.

Once a project has started, or a shoot day has been held for you, we don't give refunds, except where the law requires. For monthly plans, clause 8 applies, and payments already made are not refunded. Nothing here limits your rights under the Australian Consumer Law (clause 14).

You agree to give accurate information and timely feedback, to make sure everything you supply is yours to use, lawful and accurate, to keep your logins and accounts secure, and to use our work lawfully and not in a misleading way.

Fine art prints are sold through our Pic-Time store, and the store's own terms apply to ordering, production, shipping and returns. Buying a print gives you the print and permission to display it, not copyright in the photograph. You may not reproduce or sell copies. Images on this website are protected by copyright.

Each of us will keep the other's non-public business information confidential and use it only for the booking, except where the law requires disclosure. This doesn't limit our right to show completed work under clause 5. We handle personal information under the Australian Privacy Principles and our Privacy Policy at balduzzicapture.com/privacy.

To the extent the law allows:

• our total liability for any booking is limited to the fees you paid for it in the three months before the event that led to the claim;
• we aren't liable for indirect or consequential loss, including loss of profit, revenue, data, business or reputation;
• we aren't liable for loss from delays, technical problems, third-party services, content you supplied, or how you use the work after approving it.

Nothing in these terms excludes or limits any consumer guarantee, right or remedy under the Australian Consumer Law or any other law that cannot lawfully be excluded. Where our liability for breaching such a guarantee can be limited, it is limited, at our choice, to supplying the services again or paying the cost of having them supplied again.

You agree to cover us against claims, losses and reasonable costs arising from your breach of these terms, from material you supplied (including claims that it infringes someone's rights or that a person didn't consent to their image being used), or from your use of the work in a way we didn't agree to. This clause continues after the booking ends.

• Independent contractor. We work as an independent contractor. These terms don't create a partnership, agency or employment.
• Events beyond our control. Neither of us is liable for a failure or delay caused by something outside our reasonable control, such as a natural disaster, illness, an outage or government action. The affected side will tell the other and carry on as soon as it reasonably can.
• Ending a booking. We may end a booking at once if you breach these terms and don't fix it within 7 days of written notice (where it can be fixed), if you don't pay on time, or if you act in a way that could harm our reputation or people we work with. Amounts for work done remain payable, and any licence in unpaid work is paused until it is paid.
• Whole agreement. These terms and the accepted quote are the whole agreement and replace earlier discussions. If part of them is unenforceable, the rest still applies. Not enforcing a right now doesn't waive it later. You can't transfer your rights without our written consent. We may update these terms; changes apply from when they are published, and carrying on with us means you accept them.
• Governing law. These terms are governed by the law of New South Wales, Australia, and both sides submit to its courts.

Davide Balduzzi, trading as Balduzzi Capture · ABN 43 216 248 196 · Byron Bay, NSW · hello@balduzzicapture.com