1. Objet
These Terms and Conditions govern the contractual relationship between photALL, a company specializing in image retouching for businesses and individuals, and any legal or natural person wishing to use its services (the “Client”).
2. Services Offered
photALL provides the following services: RETOUCH, CUT-OUT, PRO PHOTO, RESTORATION, creatALL, SORT AND SELECTION, and PHOTO+.
- Based in Hong Kong, photALL relies on an international team of retouchers, notably in Vietnam.
- The services include the use of photALL’s tools (software, widgets, websites, etc.), which allow you to upload, download, transmit, and store your images and data.
- Once a project is accepted, photALL strives to begin work as soon as possible to meet the agreed-upon deadlines.
3. Submitted Content
The Client agrees not to send photALL any content that:
- Violates the laws of the Client’s country or could result in legal proceedings;
- The Client does not have the legitimate rights to use or publish (e.g., copyrights, right of publicity, intellectual property rights, etc.);
- Violates privacy, intellectual property, or the rights of minors;
- Contains viruses, malware, or any other malicious software.
If illicit or harmful content is provided, photALL reserves the right to suspend or terminate the contract and take any necessary legal action.
4. Security of the User Account
- Access to the Client’s photALL account is protected by a personal password. The Client is responsible for maintaining the confidentiality of their login credentials and for any use of their account.
- The Client must immediately inform photALL of any unauthorized use of their account or any security breach.
- photALL disclaims any liability for losses or damages resulting from the Client’s inability to maintain the security of their credentials or provide accurate information.
5. Payment, Deposits, and Terms
1. Méthodes de Paiement
- Payments are generally made online via credit card or PayPal (USD or EUR). Other payment methods may be arranged upon request.
- Full payment is required before delivery of the retouched images. In the absence of payment, no delivery of the retouched files will be made.
2. Deposits and Usage
- A deposit may be required for major or recurring services. This deposit represents a firm commitment between photALL and the Client.
- The remaining balance of the Client’s deposit can be viewed at any time through the dedicated photALL portal.
- The deposit paid by the Client is valid for six (6) months from the date of payment.
- If there is no Project and no communication from the Client during this six (6)-month period, the unused balance of the deposit will be definitively retained by photALL as compensation.
- No refund or later use of the remaining deposit can be claimed after the expiration of the six (6)-month period.
- It is exclusively the Client’s responsibility to contact photALL before the deadline to discuss the next steps for the Project. In the absence of any action or communication within the specified period, the deposit is irrevocably forfeited, with no possibility of objection or further recourse.
3. Validation et Invoicing
- An invoice (or quote) indicating the cost of the planned work will be sent for approval.
- As soon as the deposit or full payment is received (according to the agreed-upon terms), photALL will begin work.
6. Refunds
1. General principle
- The amounts collected by photALL cover image-editing work already done or to be done. photALL generally favors offering a credit or additional image services rather than a refund.
- However, photALL reserves the right to assess each refund request on a case-by-case basis, in direct communication with the Client.
2. Delivery Delays
- In case of a delay in delivering the initial version, a credit (or equivalent) may be offered as compensation.
3. Client Dissatisfaction
- If the Client is dissatisfied with the work, they can request a free revision within three (3) days of delivery (see “Revision Policy” below).
- No credit will be granted in this scenario, but photALL will carry out a revision to best meet the Client’s requirements.
- A poor-quality original photo cannot become flawless, even with advanced retouching. Subjective comments (“I don’t like it,” “It’s not pretty”) do not constitute valid grounds for a refund.
4. Special Cases
- These provisions do not affect any legal rights the Client may have under applicable law.
7. Revision Policy
- Possible Revisions: Two (2) free revisions are included (except for PHOTO+, where no revisions are offered).
- Request Deadline: Revision requests must be made within three (3) days of the project’s delivery. After this period, the project is considered final.
- Scope of Revisions: The Client’s instructions must not differ from the initial request. Any significant change of direction or additional instructions will result in an extra charge.
8. Photo Replacement
- No photo substitution is allowed once work has commenced.
- If an incorrect photo (e.g., someone else’s picture) is sent and the work has already been performed, the Client will be charged for that project and must place a new order for the intended image.
9. Data Storage
- photALL does not serve as an unlimited photo storage service. Original and retouched files are stored for up to thirty (30) days after delivery to allow the Client time to download them.
- After this period, the files are removed from our servers with no possibility of retrieval.
- photALL does not provide photo printing services.
10. Account Closure and Business Relations
- At the Client’s Initiative: The Client may close their account at any time and stop using our services.
- At photALL’s Initiative:
- photALL may terminate or suspend a user account at any time, especially in cases of abuse or non-compliance with these Terms and Conditions.
- Any unjustified payment dispute will immediately end the business relationship.
11. Confidentiality and Privacy
- photALL undertakes never to disclose the Client’s personal information or photos, except where required by law or with the Client’s written consent.
- All staff are bound by a confidentiality clause. Processed images are considered sensitive data.
- Photos sent for free testing may be used by photALL for demonstration, training, or promotional purposes, unless the Client explicitly objects.
- Cookies are used solely for site maintenance and administration on photALL.com, never for targeted advertising.
Data Collection
photALL does not collect or store information from any public or private sources other than direct exchanges with the Client.
Minors’ Protection
Photographs of minors are never used without the written consent of their parents or guardians.
For any questions about privacy or your personal data, please contact: client@photall.com
Pour toute question concernant la confidentialité ou vos données personnelles, vous pouvez contacter : client@photall.com
12. Final Provisions
- These Terms and Conditions are governed by the applicable law of the jurisdiction in which photALL is established.
- Any dispute will be handled according to the law and the competent courts of the jurisdiction where photALL is established, or any other court mutually agreed upon by the parties.
- In the event of a discrepancy between the French version and any translated version of these Terms and Conditions, the French version will prevail.
Last Updated: January 1, 2024
By using photALL, you acknowledge having read these Terms and Conditions and agree to adhere to them. Thank you for your trust!
