Terms of Service
Last Updated: November 27, 2024
Agreement to Terms
Welcome to ZZMEDIA. These Terms of Service ("Terms") govern your access to and use of our website, services, and products. By accessing or using our services, you agree to be bound by these Terms.
If you do not agree to these Terms, please do not use our services. We reserve the right to modify these Terms at any time, and such modifications will be effective immediately upon posting.
Our Services
ZZMEDIA provides professional creative services including:
- Photography services (commercial, product, event, portrait)
- Videography services (commercial, promotional, event coverage)
- Web design and development
- Web hosting services
- Digital content creation and consulting
The specific scope, deliverables, timeline, and pricing for each project will be outlined in a separate project agreement or contract.
Account Registration and Use
To access certain features of our services, you may be required to create an account. When creating an account, you agree to:
- Provide accurate, current, and complete information
- Maintain and promptly update your account information
- Keep your password secure and confidential
- Notify us immediately of any unauthorized use of your account
- Accept responsibility for all activities under your account
You must be at least 18 years old to create an account and use our services. We reserve the right to refuse service, terminate accounts, or cancel orders at our sole discretion.
Booking and Payment Terms
Booking Process
All bookings are subject to availability and confirmation. A booking is confirmed only when:
- You have received written confirmation from ZZMEDIA
- The required deposit has been received and processed
- All necessary project details have been provided
Payment Terms
- A non-refundable deposit (typically 50%) is required to secure your booking
- The remaining balance is due before or on the day of service delivery
- Payment can be made via credit card, debit card, or other approved methods
- All payments are processed securely through Stripe
- Late payments may result in project delays or cancellation
- Additional fees may apply for rush orders or last-minute changes
Pricing
All prices are quoted in USD and are subject to change without notice. Quoted prices are valid for 30 days unless otherwise stated. Prices do not include applicable taxes unless specified.
Refunds and Cancellations
- Deposits are non-refundable except in cases where ZZMEDIA cancels the service
- Cancellations made 14+ days before the scheduled date: Deposit minus $100 processing fee
- Cancellations made 7-13 days before: 50% refund of total project cost
- Cancellations made less than 7 days before: No refund
- Rescheduling is subject to availability and may incur additional fees
Intellectual Property Rights
Ownership of Work
ZZMEDIA retains copyright and all intellectual property rights to all creative work produced until full payment is received. Upon full payment:
- You receive a license to use the final delivered work for your agreed purposes
- ZZMEDIA retains the right to use the work for portfolio, marketing, and promotional purposes unless otherwise agreed in writing
- You may not resell, redistribute, or claim authorship of the work
- Raw files, drafts, and unused work remain the property of ZZMEDIA
Client-Provided Materials
You represent and warrant that any materials you provide to us:
- Do not infringe on any third-party intellectual property rights
- You have the right to use and license to ZZMEDIA
- Do not violate any laws or regulations
Usage Rights and Licenses
Unless a separate commercial license agreement is purchased, the standard license includes:
- Personal or internal business use
- Use on your website and social media channels
- Use in presentations and marketing materials
- Print and digital publication rights for your business
Additional licensing fees apply for:
- Commercial redistribution or resale
- Large-scale advertising campaigns
- Broadcast or theatrical use
- Transfer of copyright ownership
Client Responsibilities
As a client, you agree to:
- Provide accurate project requirements and timely feedback
- Secure necessary permissions, releases, and access to locations
- Ensure the safety of our team during on-location work
- Provide access to necessary resources and information
- Review and approve deliverables within the agreed timeframe
- Communicate any concerns or issues promptly
- Respect our team's time and expertise
Deliverables and Timelines
Project timelines and deliverables will be outlined in your project agreement. Please note:
- Timelines are estimates and may vary based on project complexity
- Delays caused by client feedback or approval cycles may extend delivery dates
- Rush delivery may be available for an additional fee
- We will notify you of any anticipated delays as soon as possible
- Final deliverables are provided via secure digital download or as specified
- It is your responsibility to download and backup all files
- We are not responsible for files lost after the specified retention period (typically 90 days)
Revisions and Changes
Each project includes a specified number of revision rounds (typically 2-3). Additional revisions beyond the agreed scope may incur extra charges.
Changes to project scope, deliverables, or requirements after work has commenced may result in:
- Additional fees based on time and resources required
- Extended delivery timelines
- A revised project agreement
Limitation of Liability
To the maximum extent permitted by law:
- ZZMEDIA's total liability for any claim shall not exceed the amount paid for the specific service
- We are not liable for any indirect, incidental, special, or consequential damages
- We are not responsible for equipment failure, data loss, or technical issues beyond our control
- We maintain professional liability insurance but are not liable for third-party claims resulting from your use of our deliverables
In the event of equipment failure or unforeseen circumstances preventing service delivery, we will either reschedule at no additional cost or provide a full refund.
Warranties and Disclaimers
We warrant that:
- Services will be performed with reasonable care and skill
- Work will be substantially as described in your project agreement
- We have the right to provide the services and grant the usage rights specified
However, our services are provided "as is" without any other warranties, express or implied. We do not guarantee:
- Specific business results or outcomes from using our services
- Uninterrupted or error-free service delivery
- Compatibility with all platforms, devices, or software
Indemnification
You agree to indemnify, defend, and hold harmless ZZMEDIA and its officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including attorney's fees) arising from:
- Your use of our services
- Your breach of these Terms
- Your violation of any rights of another party
- Materials or information you provide to us
Confidentiality
We respect the confidentiality of your business information. We will not disclose confidential information shared during the course of our engagement except:
- With your written consent
- As required by law
- To our service providers bound by confidentiality obligations
- When using the work for portfolio purposes (non-confidential aspects only)
If your project requires strict confidentiality, please request a Non-Disclosure Agreement (NDA).
Termination
Either party may terminate a project agreement:
- For convenience with written notice and payment for work completed
- Immediately for breach of these Terms
- Immediately if the other party becomes insolvent or ceases operations
Upon termination, you will pay for all work completed to date. We will deliver all completed work and you will receive a pro-rated refund for any unperformed services that were prepaid.
Governing Law and Disputes
These Terms are governed by and construed in accordance with the laws of the State of Louisiana, United States, without regard to its conflict of law provisions.
Any disputes arising from these Terms or our services shall be resolved through:
- Good faith negotiations between the parties
- Mediation, if negotiations fail
- Binding arbitration in Louisiana, if mediation fails
You agree to waive your right to participate in class action lawsuits or class-wide arbitration.
Miscellaneous Provisions
Entire Agreement
These Terms, together with any project-specific agreements, constitute the entire agreement between you and ZZMEDIA.
Severability
If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force and effect.
Waiver
Our failure to enforce any right or provision of these Terms will not constitute a waiver of such right or provision.
Assignment
You may not assign or transfer these Terms without our prior written consent. We may assign our rights and obligations without restriction.
Force Majeure
We are not liable for any delay or failure to perform due to causes beyond our reasonable control, including natural disasters, war, terrorism, labor disputes, or government actions.
Contact Information
If you have any questions about these Terms of Service, please contact us:
Acknowledgment
By using ZZMEDIA's services, you acknowledge that you have read these Terms of Service, understand them, and agree to be bound by them. If you do not agree to these Terms, you must not use our services.