Terms and Conditions

Welcome to PhotoProsZM's Terms and Conditions. These Terms and Conditions ("Terms") govern your use of the PhotoProsZM website (www.photoproszm.com), mobile applications, and the services we provide, including photography, stationery, graphic design, printing, and related services (collectively, the "Services").

By accessing our website, making a purchase, booking a service, or otherwise 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.

PhotoProsZM reserves the right to amend these Terms at any time. Any changes will be effective immediately upon posting on our website. Your continued use of our Services following the posting of revised Terms means you accept and agree to the changes.

In these Terms:

• "Customer," "you," or "your" refers to any individual or entity who accesses our website or uses our Services.
• "PhotoProsZM," "we," "us," or "our" refers to PhotoProsZM, a company registered in Zambia.
• "Content" refers to all information, text, graphics, photographs, designs, logos, videos, and other materials that may be available on our website or through our Services.
• "Products" refers to any physical items produced or sold by PhotoProsZM, including printed materials, photographs, stationery, t-shirts, and other merchandise.

3.1 Account Creation

To access certain features of our Services, you may be required to register for an account. When you register, you agree to provide accurate, current, and complete information and to update such information to keep it accurate, current, and complete.

3.2 Account Security

You are responsible for safeguarding the password that you use to access our Services and for any activities or actions under your password. We recommend that you create a strong password and change it periodically. PhotoProsZM cannot and will not be liable for any loss or damage arising from your failure to comply with this security obligation.

3.3 Account Termination

We reserve the right to suspend or terminate your account at our sole discretion, without notice, for conduct that we believe violates these Terms or is harmful to other users of our Services, us, or third parties, or for any other reason.

4.1 Service Availability

PhotoProsZM offers various services including photography, graphic design, printing, stationery, and t-shirt printing. The availability of these services may vary and is subject to change without notice. We reserve the right to modify, suspend, or discontinue any service at any time.

4.2 Product Availability

All products are subject to availability. We reserve the right to discontinue any product at any time. If a product is unavailable after you place an order, we will notify you and provide options for substitution or refund.

4.3 Pricing and Payment

All prices are quoted in Zambian Kwacha (ZMW) unless otherwise specified. Prices are subject to change without notice. Payment for services and products must be made in full before delivery or at the time of service, unless otherwise agreed in writing.

We accept various payment methods as indicated on our website. By providing a payment method, you represent and warrant that you are authorized to use the designated payment method and that the payment information you provide is true and accurate.

4.4 Taxes

Prices displayed on our website may not include applicable taxes. Any taxes or duties that may be imposed on your purchase will be calculated and added at checkout or invoiced separately.

5.1 Booking Process

When booking photography sessions or other time-based services, a non-refundable deposit may be required to secure your appointment. The amount of the deposit will be specified during the booking process and will be applied to the total cost of the service.

5.2 Cancellations and Rescheduling

• For photography services, cancellations made more than 48 hours before the scheduled appointment may receive a credit toward future services (excluding the non-refundable deposit).
• Cancellations made less than 48 hours before the scheduled appointment will result in forfeiture of any payments made.
• Rescheduling requests must be made at least 24 hours before the scheduled appointment to avoid additional fees.
• For wedding and event photography, separate cancellation policies apply as specified in your service agreement.

5.3 Late Arrivals

If you arrive late for a scheduled appointment, your session may be shortened to accommodate other scheduled appointments. The full service fee will still apply.

6.1 Custom Design Process

For custom design services, you will have the opportunity to review and approve designs before final production. The number of revisions included will be specified in your service agreement.

6.2 Approval of Designs

You are responsible for carefully reviewing all proofs and designs before approving them for production. Once you have approved a design, any errors discovered after production has begun will be your responsibility, and additional charges may apply for corrections or reprints.

6.3 Rush Orders

Additional fees may apply for expedited or rush orders. Rush service availability is not guaranteed and depends on our current production schedule.

7.1 Delivery Methods

We offer various delivery methods, including in-store pickup, local delivery, and shipping. Availability of delivery methods may vary based on your location and the products ordered.

7.2 Delivery Timeframes

Estimated delivery timeframes are provided at checkout. These are estimates only and not guaranteed delivery dates. Factors outside our control, such as weather conditions or carrier delays, may affect actual delivery times.

7.3 Shipping Costs

Shipping costs are calculated based on the weight of the products, delivery location, and selected shipping method. These costs will be displayed at checkout before you complete your purchase.

7.4 Inspection of Products

You should inspect all products upon delivery. Any damages or discrepancies must be reported to us within 48 hours of receipt.

8.1 Return Policy

• Custom-made or personalized items cannot be returned unless they are defective.
• Standard products in original, unused condition may be returned within 7 days of delivery for a refund or exchange.
• Photography services, once rendered, are not eligible for refunds except in cases of clear technical defects in the final delivered images.

8.2 Refund Process

Approved refunds will be processed using the original payment method, unless otherwise agreed upon. Refunds may take up to 14 business days to process, depending on your payment provider.

8.3 Damaged or Defective Products

If you receive a damaged or defective product, please contact us within 48 hours with photographs of the damage. We may replace the item or issue a refund at our discretion.

9.1 Ownership of Designs and Photographs

• For photography services, PhotoProsZM retains copyright ownership of all images created. You are purchasing a license to use the images as specified in your service agreement, not the copyright to the images themselves.
• For graphic design services, upon full payment, you will receive ownership rights to the final designs as specified in your service agreement.

9.2 License to Use

The specific rights granted to you regarding the use of photographs and designs will be detailed in your service agreement. Standard licenses typically include personal use but may restrict commercial use or modifications.

9.3 Portfolio Usage

Unless otherwise specified in writing, you grant PhotoProsZM permission to use photographs and designs created for you in our portfolio, website, social media, and marketing materials. If you wish to restrict this usage, you must inform us in writing before services are rendered.

9.4 Customer-Provided Content

By providing content (such as images, logos, or text) for us to use in creating products or delivering services, you represent and warrant that you own or have the right to use and authorize us to use such content. You agree to indemnify us against any claims related to the use of such content.

10.1 Acceptable Use

You agree to use our website only for lawful purposes and in a way that does not infringe upon the rights of others or restrict their use of the website. Prohibited activities include but are not limited to:

• Using the website in any fraudulent or unlawful manner
• Attempting to gain unauthorized access to our systems
• Uploading viruses or malicious code
• Collecting user information without consent
• Impersonating another person or entity

10.2 User Content

If you post content on our website (such as reviews or comments), you retain ownership of your content, but you grant us a non-exclusive, royalty-free, transferable, sublicensable license to use, reproduce, modify, adapt, publish, and display such content in connection with our Services.

10.3 Third-Party Links

Our website may contain links to third-party websites. These links are provided for your convenience only. We have no control over and assume no responsibility for the content, privacy policies, or practices of any third-party websites.

11.1 Service Limitations

While we strive for excellence in all our services, we cannot guarantee that:

• Photographs will capture every moment or person at an event
• Colors in printed products will exactly match colors displayed on your screen
• Digital files will remain compatible with future software or hardware

11.2 Liability Cap

To the maximum extent permitted by law, PhotoProsZM's total liability to you for any damages or losses arising from your use of our Services shall not exceed the amount you paid for the specific service or product that gave rise to the claim.

11.3 Exclusion of Liability

PhotoProsZM shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, or use, arising out of or in any way connected with your use of our Services.

You agree to indemnify, defend, and hold harmless PhotoProsZM, its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses, including reasonable attorneys' fees, arising out of or in any way connected with your access to or use of our Services, your violation of these Terms, or your violation of any rights of another.

PhotoProsZM shall not be liable for any failure or delay in performing our obligations where such failure or delay results from events beyond our reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, epidemics, or pandemics.

14.1 Informal Resolution

If you have a dispute with PhotoProsZM, you agree to contact us first and attempt to resolve the dispute informally by sending a written notice to [support@photoproszm.com].

14.2 Governing Law

These Terms shall be governed by and construed in accordance with the laws of Zambia, without regard to its conflict of law provisions.

14.3 Jurisdiction

Any legal action or proceeding arising under these Terms shall be brought exclusively in the courts located in Lusaka, Zambia, and you hereby consent to the personal jurisdiction and venue therein.

Your use of our Services is also governed by our Privacy Policy, which is incorporated into these Terms by reference. Please review our Privacy Policy at [www.photoproszm.com/privacy].

If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect and enforceable.

These Terms constitute the entire agreement between you and PhotoProsZM regarding your use of our Services, superseding any prior agreements between you and PhotoProsZM relating to your use of our Services.

If you have any questions about these Terms, please contact us at:

PhotoProsZM
Email: legal@photoproszm.com
Phone: +260 9633 449 11
Address: [Monze, Southern province, Zambia]

Thank you for choosing PhotoProsZM for your creative needs.