Terms & Conditions

Web Design & Photography

Web Design Terms & Conditions

This Services Agreement (the “Agreement”) contains the complete terms and conditions which govern your subscription of Website Design, Development and other Internet-related services provided by Nanu Graphics (the “Services”). As used in this Agreement, “Nanu Graphics” means the Designer and “Client”, “you”, or “your” means you. You acknowledge that you have read the Agreement, and you agree to its terms and conditions and all policies posted on the Nanu Graphics site. As referred to in this Agreement, “Site” refers to a World Wide Web site and “Nanu Graphics Site” refers to the Site located at the URL https://www.nanugraphics.com or any other successor Sites owned or maintained by Nanu Graphics.

The following terms and conditions apply to all website development / design services provided by Nanu Graphics to the Client.

Acceptance

It is not necessary for any Client to have signed an acceptance of these terms and conditions for them to apply. If a Client accepts a quote then the Client will be deemed to have satisfied themselves as to the terms applying and have accepted these terms and conditions in full.

Please read these terms and conditions carefully. Any purchase or use of our services implies that you have read and accepted our terms and conditions.

Charges

Charges for services to be provided by Nanu Graphics are defined in the project quotation that the Client receives via e-mail. Quotations are valid for a period of 30 days. Nanu Graphics reserves the right to alter or decline to provide a quotation after expiry of the 30 days.

Unless agreed otherwise with the Client, all website design services require an advance full payment of one hundred (100) percent of the project quotation total before the work is supplied to the Client for review.

Payment for services is due by online payment through Nanu Graphics payment invoice service.

Client Review

Nanu Graphics will provide the Client with an opportunity to review the appearance and content of the website during the design phase and once the overall website development is completed. At the completion of the project, such materials will be deemed to be accepted and approved unless the Client notifies Nanu graphics otherwise within ten (10) days of the date the materials are made available to the Client.

Turnaround Time and Content Control

Nanu Graphics will install and publicly post or supply the Client’s website by the date specified in the project proposal, or at date agreed with Client upon Nanu graphics receiving initial payment, unless a delay is specifically requested by the Client and agreed by Nanu Graphics.

In return, the Client agrees to delegate a single individual as a primary contact to aid Nanu Graphics with progressing the commission in a satisfactory and expedient manner.

During the project, Nanu graphics will require the Client to provide website content; text, images, movies and sound files.

Failure to provide required website

Nanu Graphics is a small business, to remain efficient we must ensure that work we have programmed is carried out at the scheduled time. On occasions we may have to reject offers for other work and enquiries to ensure that your work is completed at the time arranged.

This is why we ask that you provide all the required information in advance. On any occasion where progress cannot be made with your website because we have not been given the required information in the agreed time frame, and we are delayed as result, we reserve the right to impose a surcharge.

If you agree to provide us with the required information and subsequently fail to do within two week of project commencement we reserve the right to close the project and the balance remaining becomes payable immediately.

NOTE: Text content should be delivered as a Microsoft Word, Google Doc, email (or similar) document with the pages in the supplied document representing the content of the relevant pages on your website.

Payment

Invoices will be provided by Nanu graphics upon completion but before publishing the live website. Invoices are normally sent via email; however, the Client may choose to receive hard copy invoices. Invoices are due upon receipt.

Additional Expenses

Client agrees to reimburse Nanu Graphics for any additional expenses necessary for the completion of the work. Examples would be purchase of special fonts, stock photography, web forms, plugins etc.

Web Browsers

Nanu Graphics makes every effort to ensure websites are designed to be viewed by the majority of visitors. Websites are designed to work with the most popular current browsers (e.g. Firefox, Internet Explorer, Google Chrome, etc.). Client agrees that Nanu Graphics cannot guarantee correct functionality with all browser software across different operating systems.

Nanu Graphics cannot accept responsibility for web pages which do not display acceptably in new versions of browsers released after the website have been designed and handed over to the Client. As such, Nanu Graphics reserves the right to quote for any work involved in changing the website design or website code for it to work with updated browser software.

Default

Accounts unpaid thirty (30) days after the date of invoice will be considered in default. If the Client in default maintains any information or files on Nanu Graphics’ Web space, Nanu graphics will, at its discretion, remove all such material from its web space. Nanu Graphics is not responsible for any loss of data incurred due to the removal of the service. Removal of such material does not relieve the Client of the obligation to pay any outstanding charges assessed to the Client’s account. Clients with accounts in default agree to pay Nanu Graphics reasonable expenses, including legal fees and costs for collection by third-party agencies, incurred by Nanu Graphics in enforcing these Terms and Conditions.

Termination

Termination of services by the Client must be requested in a written notice and will be effective on receipt of such notice. Telephone requests for termination of services will not be honoured until and unless confirmed in writing. The Client will be invoiced for work completed to the date of first notice of cancellation for payment in full within thirty (30) days.

Indemnity

All Nanu Graphics services may be used for lawful purposes only. You agree to indemnify and hold Nanu Graphics harmless from any claims resulting from your use of our service that damages you or any other party.

Copyright

The Client retains the copyright to data, files and graphic logos provided by the Client, and grants Nanu Graphics the rights to publish and use such material. The Client must obtain permission and rights to use any information or files that are copyrighted by a third party. The Client is further responsible for granting Nanu Graphics permission and rights for use of the same and agrees to indemnify and hold harmless Nanu Graphics from any and all claims resulting from the Client’s negligence or inability to obtain proper copyright permissions. A contract for website design and/or placement shall be regarded as a guarantee by the Client to Nanu Graphics that all such permissions and authorities have been obtained. Evidence of permissions and authorities may be requested.

Standard Media Delivery

Unless otherwise specified in the project quotation, this Agreement assumes that any text will be provided by the Client in electronic format (ASCII text files delivered on thumb drive, CD or via e-mail or FTP) and that all photographs and other graphics will be provided physically in high quality print suitable for scanning or electronically in .gif, .jpeg, .png or .tiff format. Although every reasonable attempt shall be made by Nanu Graphics to return to the Client any images or printed material provided for use in creation of the Client’s website, such return cannot be guaranteed.

Design Credit

A link to Nanu Graphics will appear in either small type or by a small graphic at the bottom of the Client’s website. If a graphic is used, it will be designed to fit in with the overall site design. The Client also agrees that the website developed for the Client may be presented in Nanu Graphics’ portfolio. If Client wish to not have Nanu Graphics link or graph will pay Nanu Graphics $250 to have the link removed from the footer of Client’s site.

Access Requirements

If the Client’s website is to be installed on a third-party server, Nanu Graphics must be granted temporary read/write access to the Client’s storage directories which must be accessible via FTP. Depending on the specific nature of the project, other resources might also need to be configured on the server.

Post-Placement Alterations

Nanu Graphics cannot accept responsibility for any alterations caused by a third party occurring to the Client’s pages once installed. Such alterations include, but are not limited to additions, modifications or deletions.

General

These Terms and Conditions supersede all previous representations, understandings or agreements. The Client’s signature below or payment of an advance fee constitutes agreement to and acceptance of these Terms and Conditions. Payment online is an acceptance of our terms and conditions.

Governing Law

This Agreement shall be governed by Texas Law.

Liability

Nanu Graphics hereby excludes itself, its Employees and or Agents from all and any liability from:

Loss or damage caused by any inaccuracy;
Loss or damage caused by omission;
Loss or damage caused by delay or error, whether the result of negligence or other cause in the production of the web site;
Loss or damage to clients’ artwork/photos, supplied for the site. Immaterial whether the loss or damage results from negligence or otherwise.

The entire liability of Nanu Graphics to the Client in respect of any claim whatsoever or breach of this Agreement, whether or not arising out of negligence, shall be limited to the charges paid for the Services under this Agreement in respect of which the breach has arisen.

Severability

In the event any one or more of the provisions of this Agreement shall be held to be invalid, illegal or unenforceable, the remaining provisions of this Agreement shall be unimpaired and the Agreement shall not be void for this reason alone. Such invalid, illegal or unenforceable provision shall be replaced by a mutually acceptable valid, legal and enforceable provision, which comes closest to the intention of the parties underlying the invalid.

Contact Information

Legal Name of Company : Nanu Graphics
Name of Business : Nanu Graphics
Contact Person : Natalia Planz
Phone: (254) 307-0978
Place Of Registration : Belton, Texas
Physical Address : 528 E 28th Ave, Belton, TX 76513
Operating Hours : 9:00am to 4:00pm (Mon-Fri)

Photography Terms & Conditions

In the following terms and conditions “the Photographer” shall mean Natalia Planz trading as ‘Nanu Graphics’. “The Client” shall be those persons responsible for booking the photography services. It is agreed that the following terms set out the total agreement made between the parties and that no variation or modification of these terms shall be effective unless agreed by both parties in writing. “Image(s)” means the photographic material, whether still or moving, created by Photographer pursuant to this Agreement and includes, but is not limited to, transparencies, negatives, prints, or digital files, that were captured, recorded, stored, or delivered, in any type of analogue, photographic, optical, electronic, magnetic, digital, or any other, media.

Acceptance

Please read these terms and conditions carefully. Any purchase or use of our services implies that you have read and accepted our terms and conditions.

Copyright

Client acknowledges that Photographer is the Author of the Image(s) and also the first and sole owner of all copyrights of the Image(s). The Image(s) and all copyrights remain the exclusive property of Photographer without limitation. copyright of photographs remains with the Photographer. The Photographer grants the Client permission to make copies of the images under the following conditions. The images taken by the Photographer are for personal use by the Clients and their friends and relatives. Sale, Publication, Entry to awards or any Commercial use of the photographs is not allowed without prior written permission from the Photographer. The Client hereby allows the photographer to display any photograph covered by this contract and to generally promote the business in advertising, brochures, magazine articles, websites, social media, sample albums etc.

Images are licensed for specific use(s) and are not sold.

Client understands and agrees that it is not buying the Image(s) but is paying only for a license to use the Image(s) as specified on this Agreement. Note that buying the copyright to the Image(s) will always be much more expensive than any licensing fee.

The term of license begins from the date Photographer receives full payment of invoice and upon delivery of images.

Unless otherwise agreed, any rights granted are always non-exclusive, non-sub-licensable and non-transferable. Any Image(s) may not be used in a logo, corporate identity, trademark or other service mark.

The use of any Image(s) by Client will not constitute a work of joint authorship.

Copyright metadata contained within any digital file may not be altered, or removed, without the express consent of Photographer.

Unless otherwise agreed, Photographer retains the right to use the Image(s) for his self-promotion.

The Photographer will be responsible for creative choices in terms of the images captured during the shoot, but will take into account the Client’s reasonable instructions in respect of the shoot brief. Following completion of the shoot the Photographer will deliver final processed images sized for social media to the Client via a secure online gallery as soon as reasonably practical, but cannot guarantee urgent turnaround. Unless expressly agreed in writing the Client shall not be entitled to reject images on the basis of style or composition. RAW image files remain the property of the Photographer and will not be supplied.

General Liability and releases

Photographer will take all reasonable care in the production of the Image(s) and the performance of this agreement. But Photographer will not be liable for any loss, damages, or costs, suffered by Client, or by any third party, arising from Client’s use of any Image(s).

Client will indemnify, defend, and hold harmless, Photographer, his contractors, and his representatives, against any and all claims, liabilities, damages, costs, and expenses, including reasonable legal fees and expenses, that may arise from Client’s use of any Image(s).

Photographer is not responsible for obtaining model, property, trademark, copyright, or any other, releases in connection with the Image(s) unless specifically stated in this Agreement. It is Client’s responsibility to obtain all necessary permissions for any Image use that requires a release or other consents.

Should Photographer agree to deliver any releases, it is Client’s responsibility to determine whether such releases are suitable for Client’s purposes. Photographer gives no warranty or guarantee as to the legal validity of any release.

In any event, Photographer’s liability for all claims will not exceed the total amount paid under this Agreement.

Payment and Cancellations

Payment is expected during booking time. Photo shoot will not commence until booking payment has been made during booking. Client’s payment confirms the booking scheduled as well as full acceptance of the terms and conditions as published on the photographer’s website.

A booking is considered firm as from the date of payment. Accordingly the Photographer will, at his discretion, accept cancellations and issue a refund depending on the amount of notice received prior to the agreed date: More than 5 working days 75% refund, 3-4 working days 50% refund, 48 hours 25% refund. Cancellations with less than 24 hours notice will not receive a refund.

Payment will be made through Photographer invoice sent via email.

Force Majeure

In the very unlikely events of cancellation by the photographer or of total photographic failure, liability shall be limited to a full refund of any fees paid.

The photographer will endeavour to put the client(s) in touch with another photographer in the event they are unable to attend on the wedding date due to any cause beyond their reasonable control e.g. sudden illness, injury, victim of crime, flooding, traffic conditions, vehicle breakdown etc.

Weather Policy

We photograph in all weather except for rain. If rain is present the client will be given the option to reschedule at no additional charge. However, the weather should be evaluated several days prior to the shoot to prevent any rescheduling. The weather policy does not cover rescheduling or cancelling under 24 hours due to cloudy weather or lack of sun (rain must be present in order for the fee to be waived).

Rush Policy

A minimum of 72 hours notice is recommended when scheduling for a property shoot. A request for photos to be completed and delivered in under 12 hours from time of shoot is subject to a $50 rush fee.

Travel Surcharge

Properties outside of the Bell County area are subject to a minimum travel fee of $50 depending on distance. A larger travel surcharge will be assessed for specific locations, such as beach, major cities (Dallas, Austin, San Antonio, Houston even out of state) and properties significantly out of range. Properties in rural or remote areas may be subject to additional travel fees depending on the extent of the distance from a major paved roadway.

Photo Guarantee

Nanu graphics will make every effort to ensure the final images are of high quality and represent the property in the best way. Sometimes however, client or an agent/homeowner may feel these images do not meet those expectations. In this case, Nanu Graphics will work closely with the clients and/or agent/homeowner to correct the issue and photos. A reasonable amount of re-editing will be performed at no additional cost. If a return trip is requested due to issues in the photos regarding decluttering, additional photos not specifically requested prior to shoot, or other aspects that are not directly the responsibility of Nanu Graphics, there will be a charge. A minimum reshoot fee of $65 will be charged to the client or agent/client, unless it is the direct responsibility of the photographer where then there will not be a charge (ie. missing specific shot requested prior to shoot). Everyone has a different idea of their “best photo” but prior to hiring Nanu Graphics, please carefully review the portfolio as there will be no refunds issued to clients who are not happy with the “style” of photography. “Style” refers to image angles, color, and any other visual aspect of the photo.

Personal Accident

Any directions issued to clients, their guests or employees during a photographic shoot are deemed to be at said persons own risk. The photographer cannot be held responsible for any personal accidents during a photographic shoot.

Right to Refuse

Nanu Graphics reserves the right in its sole discretion to refuse service at any time for any reason. At any time, Nanu Graphics can terminate the relationship with or fire a client for overdue invoices, poor communication, or unreasonable requests.

Delivery

The photographer will endeavour to deliver digital negative files as quickly as possible. However this could take up to 4-6 weeks during busy periods.

By visiting or using any website owned by Nanu Graphics, or by hiring to provide photographic services, you are agreeing to be bound by these terms and conditions. You are also acknowledging that such agreement constitutes a binding contract between you and Nanu Graphics.

If you do not wish to be bound by these terms and conditions, please do not visit or use Nanu Graphics Website, www.nanugraphics.comor the photographic services of Nanu Graphics.

Nanu Graphics retains the right to change the the above terms at any time without notice.

Contact Information

Weekdays and weekends by appointment