TERMS AND CONDITIONS
- Spirie Marketing Solutions Pvt. Ltd., a company incorporated under the Companies act 1956, registered office at 301,302 Interface 16, Mindspace, Malad West, Mumbai, 400064. (Service Provider)
- The person or entity listed on the Order Request Form (the Customer).
- The Customer wishes to avail the services offered by the Service Provider as listed in the Order Request Form.
- The service provider agrees to provide the services as listed in the Order Request Form.
- These terms and conditions shall apply to the provision of services by the service provider to the Customer.
Price and Payment
- Orders for our services would be accepted at the Customer's premises by our representative.
- For an order to be valid the Customer shall complete the Order Request Form provided by the representative of the Service Provider.
- if opted, in the Order Request Form, two tentative photo-shoot schedules would be mentioned by the Customer. The Service Provider shall communicate the acceptance or otherwise of the same upon receipt of the full payment for its services with the Customer on his registered contact details provided for in the Order Request Form.
- The Service Provider shall arrange the date for the photo shoot, which shall be not less than seven working (7) days from the date on which the order is accepted by the Service Provider and within thirty (30) days from the date on which the Order is accepted by the Service Provider,
Rescheduling of Photoshoot
- At the time of signing the Order Request Form, the Customer shall pay the full price. Orders shall not be confirmed until the full price is paid.
- The price is to be paid by cheque / DD/ online payment; the full amount must be paid to the Service Provider by the Customer on the date of the submission of the Order Request Form.
- Subject to the rescheduling provisions set out in Clause 3 below, the price paid shall be non-refundable.
- The Service Provider, after the receipt of the payment of the price, will issue an invoice in respect of the full Price.
- If you do not allow the Service Provider access to your premises to undertake the photo shoot then an additional fee will be charged when the photo shoot is rearranged. This will be equal to the full cost of the services.
- Once the date of the photo shoot is confirmed, the Customer may reschedule the photo shoot to a mutually agreed alternative date not less than three (3) working days prior to the date on which the photo shoot is arranged. The rescheduled date needs to be a working day within 15 days from the original photoshoot date, any further rescheduling will not be permitted. The Service Provider may also reschedule with prior intimation to the Customer and fix a date mutually accepted by both the parties.
Third party application/platform
- Subject to any specific requirements set out by the Customer, the Service Provider shall use its own exclusive judgment when selecting equipment and deciding up on artistic factors such as composition, lighting and photographic style.
- Subject to the nature of the photo shoot and the specific requirements of the Customer, the Service provider will take limited pano's as per the package selected by the Customer. If the Customer is purchasing Gold package then there will be up to 10 pano's and for Platinum package up to 25 pano's. In case of Knowledge Graph, there is no photography services provided.
- The Customer warrants that the designated areas of the premises to be photographed are not covered by the intellectual property rights of third parties and shall not require anyone's permission outside of this Agreement for the Service Provider to complete the photo shoot and provide the services specified in this Agreement to the Customer.
- The photographs will be made available on the day of the photo shoot for confirmation by the Customer, on the request of the customer.
- The Service Provider shall be free to sub-contract any of its obligations under this Agreement provided that any and all sub-contractors are reasonably skilled in the relevant practices and provided that no additional charges are passed on to the Customer.
- The Customer authorizes the Service Provider for the selected photographs to be released to third parties for the purposes of this Agreement in particular for the purpose of the image processing and integration into any third party application/platform.
- It is a clear understanding between the parties that the Photography services has to be scheduled within 30 days of Cheque Clearance/Online Payment date. If the Photoshoot of the business premise could not happen for any reason within the said 30 days, the customer is not eligible for a refund of the payment and the services will be deemed to have been provided.
Complaints and Dispute Resolution
- The Service Provider does not own or manage any third party application/platform including but not limited to third party websites, Google, Street View, Facebook. The Service Provider makes no representations and warranties about the function and operation of any third party application/platform. Service Provider is just a facilitator and the parties exclude all liability of the Service Provider for any changes in any third party application/platform and any causes of these changes. Service provider is not liable to refund the price paid by the customer due to change in function and operation of any third party application/platform.
Language, Law and Jurisdiction
- Any complaints made about the services provided by the Service Provider under the terms of this Agreement must be made in writing within seven (7) business days and may be transmitted to the Service Provider by email to ‘firstname.lastname@example.org’.
- The Service Provider will review all complaints and respond within thirty (30) Business Days. A response may be in writing, by telephone or by email.
- If the Customer is not satisfied by the Service Provider's response, the parties shall attempt to resolve any dispute arising out of or relating to the Agreement through negotiations directly or between their appointed representatives who have the authority to settle such disputes.
- If negotiations under Sub-clause 6.3 above do not resolve the matter within thirty (30) business days of receipt of a written invitation to negotiate, the parties will endeavour to settle the dispute amicably through discussions. In the event that the dispute cannot be amicably resolved within 30 days of the dispute, shall be referred to arbitration by a sole arbitrator mutually appointed by the Parties, in accordance with the provisions of the Arbitration and Conciliation Act, 1996, as amended from time to time, and that the place of arbitration shall be Mumbai; the language of arbitration, proceedings and award shall be English. Nothing herein contained prevents any involved party from taking such remedy/recourse as available to it under the law to protect its interests other than arbitral proceedings.
- Nothing in this Clause 6 shall prohibit either Party from applying to a court for interim injunctive relief.
- The decision and outcome of the final method of dispute resolution under this Clause 6 shall be final and binding on both parties.
- This Agreement is only available in English.
- This Agreement shall be governed by, and construed in accordance with, the laws of India.
- Subject to the provisions of Clause 6, any dispute, controversy, proceedings or claim between the parties relating to this Agreement shall fall within the jurisdiction of the courts of Mumbai.