Terms of Service

Terms of Service

1. Order Instructions:

Customers must provide Virtuous Graphics with written notice as to how exactly the customer wants the products to be displayed and expressed. Virtuous Graphics will consolidate these instructions into the Project Brief, which the Customer must agree to in writing before production may commence.  Any changes outside the scope of this project brief cannot be guaranteed or may require an additional fee 

2. Add on Services & Bulk Orders:

Customers that require custom or bulk orders, lifestyle photos, or photos with models or other custom requests, must contact Virtuous Graphics prior to placing their order for a custom quote Customers that require an oversized product must email prior to ordering to ensure Virtuous Graphics can photograph the item. Oversized products include products with a length, width, or height over 2 feet. 

3. Approval & Revisions:

Three “minor” revisions are included in all orders.  Revisions Virtuous Graphics consider to be “major” or for items outside the scope of the project brief may be subject to an additional fee.  If no response is provided to Virtuous Graphics within seven (7) days of the delivery of the post processed images, the order will be considered fulfilled.

4. Product Quality & Resulting Image:

Photo Orders: Virtuous Graphics is not responsible for flaws in the product photographed. Virtuous Graphics will photograph the item as it arrives at the studio. If the item has flaws, mis-labels, “waves” in the labels, nicks in the package or products, inherent damage, it will be photographed as such. If the item arrives unacceptably damaged as determined by our receivables department, you will be contacted and given a chance to send a new item to be photographed.
Virtuous Graphics may retouch certain minor flaws inherent in the product, but this is not required,nor will this always be a feasible option

 

5. Accepting Work / Right of Refusal:

In the event Virtuous Graphics is unable to fulfill an order request, Virtuous Graphics reserves the right to refund your order in full within 5 business days of accepting an order.

6. Prohibited items: 

Virtuous Graphics will not photograph any prohibited items. Under no circumstances may a customer deliver to us any merchandise that contains, any illegal or dangerous goods or substances.

7. Revisions:

Post initial deliverable, in the event the customer requests a revision, a design revision may take 3 business days; and a photo reshoot revision may take up to 5 business days, orlonger if a model and /or venue needs to be booked.

8. Re-Shoots:

Reshoots and edits: During the review period the customer may contact Virtuous Graphics to request changes to the Content such as reshoots, edits, or additional photos. Upon request, we will reshoot or edit photos free of charge under the following circumstances:

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o    Work not completed as specified on the project brief and accompanying shot list. If Virtuous Graphics makes an error and delivers work that is not correct as specified on the invoice and its accompanying shot list, Virtuous Graphics will reshoot or edit the work, as needed, to correct the error.

o    Customer requests images to be edited. If the customer sees anything in the Content that the customer would like Virtuous Graphics to touch-up, Virtuous Graphics will perform (3) rounds of editing, free of charge, at your request to further adjust details such as color, tone, minor blemishes, and any other adjustments that can be made without reshooting the Content.


Some change requests made during the review period may require an additional charge.

Additional photos/images: Photo and image quantity is limited to that specified on the Customer invoice or the package selected from the Virtuous Graphics website.  Any photo or image requests beyond this may be subject to additional fees.

Reshoots: Reshoots required by the Customer that fall outside the original scope of the project brief are subject to additional fees.

 

9. Refunds: 

All sales are final. Payments made to us are not refundable unless Virtuous Graphics has failed to uphold a responsibility specified within these terms of services. In the event Virtuous Sellers fails to uphold their responsibility under these terms of services, a refund will be processed via the same method as the payment was made. Credit card payments will be refunded to the same card payment was made. Payments by check will be refunded by company check.

10. Pricing:

Virtuous Graphics reserves the right to make changes to the prices at any time. Virtuous Graphics may offer other services that aren’t listed on www.virtousgraphics.com. If applicable, those rates will be disclosed prior to work being performed. Virtuous Graphics assumes no liability to the customer or to any third-party for any modifications or price changes.

11. Payment:

The Client must pay 100% of the costs up front through the website for orders less than 20 products. The customer must pay 100% upfront of their bill before any order starts.  In the event the customer has an outstanding bill, we reserve the right to take legal action, hold back deliverables, watermark images, and any other actions necessary until payment is received.

12. Indemnification:

To the fullest extent of the law, the customer shall indemnify, defend and hold harmless Virtuous Graphics, its officers, employees, agents, representatives, consultants, and contractors from and against any and all loss, costs, penalties, fines, damages, claims, expenses including attorney’s fees) or liabilities arising out of, resulting from, or in connection with the services offered by Virtuous Graphics or by customer’s violation of any law or the rights of a third-party.  It’s up to the customer, to always check deliverables and ensure that they’re Terms of Service compliant for the platform they’re uploading the work to. 

13. Shipping & Duties:

Customer is responsible for the shipping fees of samples  to the Virtuous Graphics studio in The Philippines, as well as any duties local customs charges is to be passed onto the customer. It is not the responsibility of Virtuous Graphics to pay for the cost of the duties for samples. If you wish to know the duty rate, you’ll need to email Virtuous Graphics before shipping your samples to get a duty quote/ estimate.

                                                                             

Return of Samples: Customers are responsible for the return shipping cost of samples.  If the Customer desires to have the samples returned, Virtuous Graphics must be informed in writing within fourteen (14) days of termination of the project.  If Virtuous Graphics is not informed of the Customer desire to have the samples returned in this time period, samples will safely be disposed of.

 

14. Disputes

Should Customer be un-willing or unable to provide the necessary information required to complete an order, Virtuous Graphics reserves the right to cancel & refund the order as well as to deny future service offerings to the Customer. Any dispute regarding this agreement shall be, at Virtuous Graphics sole discretion, either (1) arbitrated in Delaware under the rules of the American Arbitration Association and the laws of Delaware. Judgment on the arbitration award may be entered in any court having jurisdiction. Any dispute involving $10,000 or less may be submitted without arbitration to any court having jurisdiction thereof. The client shall pay all arbitration and court costs, Virtuous Graphics reasonable legal fees, and expenses, and legal interest of any award or judgment in the event of any ward or judgment in favor of Virtuous Graphics., or (2) adjudicated in Delaware under the laws of Delaware. The Client shall pay all court costs, the Photographer’s legal fees, and expenses, and legal interest on any award or judgment in the event of any award or judgment in favor for Virtuous Graphics. 

 

These changes to the TOS are effective beginning December 4, 2019.