These Terms of Service (“Terms,” or the “Agreement”) are a legal agreement. By using our Service, using Content produced by our Service, or by delivering Product to us, you are agreeing to these terms.
Virtuous Graphics is a Service (the “Service”), which primarily produces product photography and related Content which may include photographs, graphics, video, logos and audio recordings, ( referred to as “Content”). Any products you send us, we refer to as “Product” in these Terms. Our Website, which can be accessed at www.virtuousgraphics.com is referred to as the “Website.”
www.virtuousgraphics.com is owned by Virtuous Graphics LLC a Delaware Limited Liability Corporation (“www.virtuousgraphics.com,” “we,” or “us”). By using our Service, whether as an individual or as a representative of an entity that is using our Service, you are a “Client” (or “you”) according to these Terms.
In order to use our Service, you must:
- Submit a completed “Contact Form”;
- Agree to these Terms Of Service;
- Provide complete and current contact information.
We may update or make changes to these Terms of Service on our Website. The revised Terms shall take effect and remain in full force immediately upon publication.
Communication to you about your account, order, billing, Product, legal notices, or anything else related to the Service we provide, will be sent to the email address you provided when starting your order (and also on your Basecamp card, should you already be in production with us). We may also contact you via telephone, but are not required to do so. You should ensure any email coming from the domain “Virtuous Graphics.com” is added to a “whitelist” to prevent the email being rejected as spam.
You are responsible for the costs of shipping your Product to and from our studio, plus any necessary insurance. We advise that you choose a shipping provider with reliable tracking information and signature confirmation. Our recommended shippers are DHL and FedEx. Immediately after shipment do provide us with the tracking number. Due to the Import tax and other tax laws of the Philippines, we do not recommend shipment with standard mail. If a shipment is lost, delayed, or damaged, while in transit to our studio, we are not responsible for such loss, damage or delays.
- Prohibited items. Do not send us any Product that contains, any illegal drug, or controlled substance, or any weapon, firearm, explosive, dangerous chemical or pornographic materials or any Product that is unlawful to possess in the Philippines.
- Shipping of Product to us. When shipping Product to our studio, do follow these guidelines:
- Packages should be carefully packed to ensure the protection of the Product during transit.
- All packages should include your name, company name, address, email address, and phone number.
- Shipments should be addressed to Virtuous Graphics; U-A, 3F Carson Building, Orense corner Del Carmen Streets; Guadalupe Nuevo, Makati City 1212, Philippines
- Once received we will document with a picture to you once we have received the Product so that you can confirm the product condition is as shipped.
- Return shipping to the sender. If you specify return shipping when ordering with us, we will return your Product to you after completion of the project. You must provide a prepaid return label from one of our preferred carriers. We do not provide return item return services beyond repacking your item and shipping it. Do note you need to specify the exact address you wish to have your product returned to, and this address needs to be stated on the return label. All return shipments are subject to our Limitation of Liability in section 4 (d) below.
- Limitation of liability for damage or loss of Product. If your Product becomes damaged or lost while in our possession, we will, at our option, repair or reimburse you for the value of the Product up to a maximum of $250 USD. For Product valued more than $250 USD you should purchase your own insurance covering loss or damage to the Product while in our possession and during transit to and from our studio. We are not liable for loss or damage to Product exceeding a total value of $250 USD, regardless of quantity unless otherwise agreed upon between both parties.
- Storage. Upon request, we will store your Product in our facility, free of charge, for up to 30 days after completion of your project. After 30 days, you must arrange with us for Product to be returned, donated, or discarded. If we are unable to obtain your preference, Product will be subject to our Abandonment policy in section 3 (7) below.
- Donating or discarding. If you do not want the Product returned to you at the completion of your project, let us know and we will donate or discard the Product. We are not able to offer compensation or credit for donated or discarded Product. If you choose to have your Product donated or discarded, we will decide which persons or organizations receive the Product.
- Abandonment. If your Product is in our possession and we aren’t able to reach you regarding its return, it will be considered abandoned after the time periods detailed below have expired. If 30 days pass without us receiving the necessary information on action to take on your product, we will email you a notice informing you that your Product is at risk of being donated or discarded. If another 30 days passes after we have emailed the aforementioned notice, you agree that all title and ownership of the Product shall be transferred to us and the Product will be donated or discarded, at our option.
5. Invoicing and payment
- Payment terms. Payment is required to begin work on your project. When payment is received, your project is added to the next available opening on our production schedule. The timeline of the project deliverable depends on your cooperation and response rate with our team. All payments are required in full before any production is initiated. Alternate payment terms may override this section if agreed to in writing by both parties.
- Non-payment. In case of an alternative payment agreement and if final payment for our services is not received, we may take legal action to collect payments due. In the case you have already received our deliverables we can exercise our rights under the Digital Millennium Copyright Act to issue takedown notices requesting the removal from website(s), any Content we have delivered to you which have gone unpaid. We may also seek injunctive relief to prevent unpaid Content from being published or displayed. Additionally, we can pursue legal action for actual damages for copyright infringement if you publish or use our Content without remitting payment.
- Project abandonment. When payment is received, we see that your project is started as fast as possible. In the case that we have received your payment and you remain unresponsive towards our team for a period of 30 days or more, we reserve the right to put your project on hold. A project on hold will need to be restarted with a new timeline. Your project can be on hold for a maximum of 90 days from which we reserve the right to abandon the project and refund the payment.
6. Refund policy
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 Graphics 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.
Current pricing is published on the pricing page of our Website. We may make changes to the prices we charge for our services at any time by publishing the new rates to our Website. We may offer other services that aren’t listed on our pricing page and, if applicable, those rates will be disclosed before work is being performed.
8. Production and creative process
Production and creative processes are commenced once the quote is paid in full. The following points are meant as guidelines for you as our client to understand the customer journey, your rights and the processes behind. The following points can be subject to changes.
- Creative direction. As our client, you are required to provide creative direction in two forms; by filling out our “Client Intake Form” and later signing off your “Project Brief”. This initial form serves as the design and product information guidelines for our creative team to produce your “Project Brief” which will illustrate all your overall deliverables. You must sign off your “Project Brief” so that there is no misalignment between what will be created and what is expected. Any aspects of the project for which you have not provided specific creative direction will be left up to the judgment of our production team.
- Project Brief details all directions of production. We will complete your order as it is described on the signed off Project Brief. Our best understanding of any direction, instructions, ideas you send to us, or ideas we discuss with you, will be described on the Project Brief. It is very important that you carefully read the Project Brief to ensure they accurately describe the work you would like us to perform for you. If the Project Brief is not accurate, do not sign it off. Instead, contact your account manager and they will make the necessary changes. By submitting sign off for the Project Brief, you agree the Project Brief correctly describes the work you would like us to perform. In the case where any written or verbal communication is inconsistent with the order, the Project Brief shall govern.
- Review period. Immediately after the project is complete you will receive a notification on Basecamp that contains a link to view and download the Content. We allow up to 10 business days for you to provide us with feedback regarding the delivered Content. See 4.2 below for the revision process. After 10 days, if we have not heard from you, your order will be closed and your Product will be shipped back, donated, or discarded, as you have requested.
- Reshoots and revisions. During the review period, you may contact us through our Revision and Request Form 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:
- Work not completed as specified on the Project Brief. If we make an error and deliver work that is not correct as specified on the Project Brief, we will reshoot or edit the work, as needed, to correct the error.
- Request of minor revisions. If you see anything in the Content that you’d like us to touch-up, we will be happy to perform up to two (2) rounds of minor editing, free of charge, at your request to further adjust details such as color, tone and any other adjustments that can be made without reshooting the Content. We allow revisions for a maximum of 10 business days and recommend our clients to revise within 72 hours of each revision.
Please note that we do not conduct major revisions free of charge. Upon starting a project with us you will be sent a revision sheet overview. To view the difference between major and minor revision please click here.
- Some change requests made during the review period may require an additional charge. Examples include:
- Additional photos. If you request additional photos that were not previously included on the Project Brief we will inform you of the cost and request payment prior to completion of the work.
- Reshoots. If we have photographed images as they are described on the Project Brief but you would like to see them changed that requires them to be re-shot, then we may quote an additional charge to cover the cost of reshooting your project.
After production is complete, the Content will be delivered through DropBox via your Basecamp project card. You agree that we are not responsible for loss associated with the availability, security, or confidentiality of the Content delivered through DropBox or Basecamp. We recommend that you make backup copies of all Content for your records in the event of data loss. We will only store pictures up to three months afterwards and it will be deleted.
We do not provide editable files (PSD) as part of the deliverables. If you wish to have the editable files these can be purchased at an additional fee.
10. License and permitted use of Content
You may use Content we deliver to you in connection with your order, only after full payment has been submitted, for any permitted use that does not violate this agreement. We hereby grant to you the following rights:
- Perpetual use. There is no expiration date on your rights to use the Content, meaning you can use the Content forever with no end date.
- Exclusive use. You have the exclusive right to use the Content. However, we retain the right to use the Content for our own promotional publication and internal use, including our portfolio and marketing materials. We will not use footage of your Content that contains your brand name.
- Unlimited use. Except as provided in section 12(b) below, you may display the Content an unlimited number of times.
11. Copyright ownership & transfer
- Copyright ownership. All Content remains the copyrighted intellectual property of Virtuous Graphics LLC until handed over to you upon final deliverable. Once content is handed over you have full ownership of the copyright of your materials.
12. Intellectual property of third parties
- Intellectual property visible on Product. Products you direct us to photograph may contain trademarks, logos, or copyrighted designs that become visible in the finished Content we produce for you at your direction. By directing us to photograph Product containing visible intellectual property, you certify that you either own, or have received permission from the owner, to use any and all trademarks or copyrighted designs, visible on all of the Product you have directed us to photograph. By using the Content, you certify that the Content and your use of the Content, does not infringe on the intellectual property rights of any third party. You accept that it is your sole responsibility to obtain necessary permission to use any and all trademarks, logos, artwork, copyrighted designs, or other intellectual property visible within the Content.
- Stock photography and artwork. If stock photography or other artworks owned by third parties are incorporated into the Content we produce for you, we certify that this content has been paid for and/or licensed by us for use in the Content in accordance with the terms of service of the respective supplier. When printing Content containing aforementioned stock photography and artwork, the maximum number of printed copies that may be produced shall not exceed 400,000 print copies. This restriction does not apply to electronic displays, such as on a website.
13. No warranties
The Content is provided, to the maximum extent permissible by law, with no warranties of any kind, either express or implied, including, but not limited to warranties of merchantability or fitness for a particular purpose. We do not warrant or represent that the Content will meet your requirements or that the Content will be free of errors.
Additionally, we do not warrant that the Content will guarantee improvements in sales of the Content’s listing. We cannot be held liable in the case that you are not satisfied with the performance of the Content.
- Use of content. Unless noted otherwise, all materials on the Website (collectively, the “Contents”) are copyrighted property owned by Virtuous Graphics.com, one of its affiliates, or by third parties who have authorized their materials for use on our Website and are protected by U.S. and international copyright laws.
- Cyber security Users are strictly prohibited from violating or attempting to violate the security of this Website, including but not limited to:
- Interference. Attempting to interfere, without limitation, with service between the Website and any user using means of submitting a virus to the Website, overloading, “flooding,” “spamming,” “mail bombing,” or “crashing” the Website.
- Spamming. Sending unsolicited email, including promotions and/or other advertising of products or services.
- Accuracy of information. We make every effort to ensure the accuracy of the information contained on this Website. We are not liable for typographic errors, pricing errors, omissions, or mistakes that may be present in the content of the Website. If you find an error on our website please contact us so we can take action.
- Links on Website. This Website contains links to third party websites. We do not accept responsibility for any such links and do not endorse or monitor them for content. We are not responsible for any damage or loss sustained through the use of these linked websites or their services.
- Cache problems and viruses. Due to technical difficulties with the Internet or this Website, it is possible for you to receive inaccurate incomplete, or outdated copies of information from this Website. It is also possible for malicious software to affect this Website or be inadvertently downloaded from this Website. We are not responsible for any inaccurate or incomplete information delivered to you as a result of technical problems. We are also not responsible for any damage caused by malicious software or viruses downloaded in connection with the use of this Website.
15. Refusal of service
If we feel your project is not a good fit, we reserve the right to refuse service and decline the project. In the case we have accepted your payment, but unable to deliver your project we will refund your payment within 5 days. We also reserve the right to end an engagement should you be verbally hostile against our employees, we wish for all collaborations to happen in a fair and formal manner. Any concerns you may have of our employees engagement towards you can at any point be raised to our management team.
You agree to indemnify and hold us and our employees, officers, and owners, harmless from any losses, including all attorney fees that may result from any claims you make that are prohibited under these Terms due to any Limitation of Liability or other provision. You agree to indemnify and hold us harmless against any losses, including attorney fees, which result from third-party claims alleging you did something that, if true, would be a violation of any of these Terms.
17. Limitation of liability
You assume full responsibility for any loss and performance that results from your use of our Service or Content. We and our employees and owners, are not liable for any indirect or consequential damages under any circumstances.
If any of these Terms are found to be unenforceable for any reason, such provision shall be modified only to the extent necessary to make the provision enforceable and all other Terms shall remain in full force and effect. If we choose not to act on a breach of these Terms for whatever reason, it does not constitute a waiver of our rights with respect to such a breach or any subsequent breaches of these Terms.
19. Attorney fees
In the event of litigation, the prevailing party shall have the right to collect from the other party its reasonable costs and necessary disbursements and attorneys’ fees incurred in enforcing this Agreement.
20. Equitable relief
If you violate these Terms we may seek injunctive relief from the courts.
You may not assign your rights under these Terms to any other party. However, we may assign our rights to any other entity or individual at our discretion.
22. Governing law
These Terms shall be governed and construed under Nevada law as such law applies to agreements between Nevada residents entered into and to be performed within Delaware and without effect to any Delaware laws regarding conflicts of law. Any action or proceeding arising from these Terms or your use of our Service or Content must be held in the State and Federal courts in Dover, Delaware.
23. Entire Agreement
These Terms of Service make up the entire Agreement and supersede all prior agreements, understandings, and representations.
- Promotional offers
Promotional deals will follow a separate Terms of Service that are specific for the particular deal.
- What personally identifiable information is collected from you through the web site, how it is used and with whom it may be shared.
- What choices are available to you regarding the use of your data.
- The security procedures in place to protect the misuse of your information.
- How you can correct any inaccuracies in the information.
Information collection, use, and sharing
We are the sole owners of the information collected on this site. We only have access to or collect information that you voluntarily give us via email or another direct contact from you. We will not sell or rent this information to anyone.
We will use your information to respond to you, regarding the reason you contacted us. We will not share your information with any third party outside of our organization, other than as necessary to fulfill your request..
Unless you ask us not to, we may contact you via email in the future to tell you about specials, new products or services..
Your access to and control over information
You may unsubscribe future marketing emails at any time by using our unsubscribe feature by contacting firstname.lastname@example.org .
We use “cookies” on this site. A cookie is a piece of data stored on a site visitor’s computer or device to help us improve your access to our site and identify repeat visitors to our site. For instance, when we use a cookie to identify you, you would not have to log in a password more than once, thereby saving time while on our site. Cookies can also enable us to track and target the interests of our users to enhance the experience on our site. Usage of a cookie is in no way linked to any personally identifiable information on our site.
This web site contains links to other sites. Please be aware that we are not responsible for the content or privacy practices of such other sites. We encourage our users to be aware when they leave our site and to read the privacy statements of any other site that collects personally identifiable information.
We take precautions to protect your information. When you submit sensitive information via the Website, your information is protected both online and offline.
Only employees who need the information to perform a specific job (for example: billing or customer service) are granted access to personally identifiable information. The computers/servers in which we store personally identifiable information are kept in a secure environment.
U-A 3F Carson Building
Orense corner Del Carmen Streets
Guadalupe Nuevo, Makati City