1. Introduction: These Terms and Conditions ("Terms") govern your use of the website madeyephotography.co.za (the "Website") and the photography services offered by MadEye Photography ("we", "us", or "our"), a business operating in South Africa. By accessing or using the Website, or by engaging our photography services, you agree to be bound by these Terms. If you disagree with any part of these Terms, you may not access the Website or use our services.

2. Website Copyright: All content displayed on the Website, including but not limited to photographs, text, graphics, logos, and images, is the property of MadEye Photography or its licensors and is protected by South African and international copyright laws. You may not reproduce, modify, distribute, or commercially exploit any content from the Website without our express written permission. (See Section 4 for details on photographs delivered as part of our services).

3. Use of Website: The Website is provided for your personal and non-commercial use. You may not use the Website for any illegal or unauthorized purpose. You agree not to: a. Violate any applicable laws or regulations, including the Protection of Personal Information Act (POPIA). b. Infringe upon the rights of any third party, including intellectual property rights. c. Transmit any viruses, malware, or other harmful code. d. Disrupt or interfere with the security or performance of the Website. e. Use the Website to collect or store personal data about others without their consent or in violation of POPIA.

4. Photography Services:

If you engage us to provide photography services, you agree to the following:

• Booking and Payment: A deposit of 50% is required to secure your booking date. The remaining balance is due no later than the shoot date. Images will not be delivered until full payment has been received. Late payments may be subject to interest at the maximum rate permitted under South African law. A booking is confirmed only once the deposit has been received.

• Rescheduling and Cancellation: We require 10 days' written notice for rescheduling or cancellation. Cancellations with less than 10 days’ notice will result in forfeiture of the deposit. Rescheduling is subject to availability.

• Travel Fees: Travel fees may apply for shoots outside of Cape Town and will be quoted in advance.

• Overtime and Additional Services: Shoots exceeding the agreed duration may be billed at an additional hourly rate. Any additional services requested on-site that fall outside the original agreed scope may incur additional charges.

• Delivery Timeframe: Edited images will be delivered within 10 business days after the shoot date, unless otherwise agreed in writing. Delivery is made via an online gallery platform (currently Pixieset) or secure file transfer.

• Image Storage and Archiving: Final edited images will be available via the online gallery for a limited period as specified in the gallery notification. MadEye Photography will retain delivered final images for a period of 3 months from the delivery date. After this period, we are not responsible for archiving or storing images. Clients are solely responsible for downloading and backing up their files upon delivery.

• Creative Style and Editing: The client acknowledges that they are familiar with MadEye Photography’s portfolio and editing style. Editing decisions are made at the photographer’s discretion and consistent with the photographer’s artistic approach. Requests for substantial re-editing, additional retouching, virtual staging, object removal, or stylistic alterations may incur additional fees.

• Usage Rights – Commercial and Non-Commercial:

  All photographs remain the copyright of MadEye Photography.

  Commercial Clients (including estate agents, property managers, Airbnb hosts, developers, and businesses): A non-exclusive, non-transferable license is granted to use the images for marketing and promotional purposes relating solely to the specific property or project photographed. Images may not be resold, sublicensed, transferred to third parties, or used for unrelated projects without written consent.

  Private Clients: A non-exclusive, royalty-free license is granted for personal, non-commercial use only.

• Portfolio and Marketing Use: MadEye Photography retains the right to use all images for portfolio display, website content, social media, competitions, publications, advertising, and promotional purposes unless otherwise agreed in writing prior to the shoot.

• Property Permissions and Access: The client warrants that they have obtained all necessary permissions from property owners, tenants, body corporates, homeowners associations, or relevant authorities for the photography (including drone photography) to take place. MadEye Photography shall not be held liable for claims arising from failure to obtain required permissions.

• Drone Operations: Drone photography is subject to weather conditions, aviation regulations, and airspace restrictions within South Africa. MadEye Photography reserves the right to cancel, reschedule, or modify drone operations if conditions are unsafe or legally restricted. Where drone services cannot be completed due to regulatory or safety limitations beyond our reasonable control, no liability shall arise, and any rescheduling or refund shall be at the discretion of MadEye Photography.

5. Disclaimer of Warranties: The Website and the content provided on it are provided "as is" and "as available" without warranties of any kind, express or implied. We disclaim all warranties, including but not limited to, implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. We do not warrant that the Website will be uninterrupted, error-free, secure, or free of viruses or other harmful components.

6. Limitation of Liability: To the fullest extent permitted by South African law, MadEye Photography (including its owner, employees, and agents) shall not be liable for: a. Any damages arising from your access to or use of, or inability to access or use, the Website, including but not limited to, direct, indirect, incidental, consequential, or punitive damages. b. Any loss or damage to persons or property during the provision of photography services, unless caused by our gross negligence or wilful misconduct. Our total liability for any claim arising out of our services is limited to the total fee paid for those services. c. We are not liable for compromised images due to factors beyond our reasonable control (e.g., subject cooperation, weather, environmental conditions) or for the subjective aesthetic dissatisfaction of the client if the images meet reasonable professional standards. Under no circumstances shall liability exceed the total amount paid by the client for the specific services rendered. MadEye Photography shall not be liable for any indirect, special, or consequential damages including loss of income, business opportunity, or reputational damage.

7. Indemnification: You agree to indemnify, defend, and hold harmless MadEye Photography, its owner, employees, and agents from and against any claims, losses, damages, liabilities, costs, and expenses (including reasonable attorney's fees) arising from or related to: a. Your use of the Website. b. Your violation of these Terms. c. Your violation of any third-party right, including copyright or privacy rights. d. Any claim arising from your specific instructions or requirements related to the photography services.  

8. Privacy and Data Protection (POPIA): We are committed to protecting your privacy. Any personal information collected through the Website or during the booking process will be handled in accordance with our Privacy Policy and the requirements of the South African Protection of Personal Information Act (POPIA). Please review our separate Privacy Policy [https://madeyephotography.co.za/privacy-policy] for details on how we collect, use, store, and protect your personal information. If you do not have a separate Privacy Policy, you must create one detailing your data practices.

9. Force Majeure: We shall not be liable for any failure or delay in performing our obligations (including conducting a shoot or delivering images) where such failure or delay results from any cause beyond our reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, pandemics, epidemics, equipment failure, or governmental restrictions ("Force Majeure Event"). We will notify you as soon as reasonably possible if a Force Majeure Event occurs and will endeavour to reschedule services or find alternative solutions where feasible.  

10. Dispute Resolution: We aim to resolve any disagreements amicably. Should any dispute arise from these Terms or our services, we encourage you to contact us directly first. If a resolution cannot be reached informally, the parties agree to attempt mediation before pursuing any other legal remedies available under South African law in the courts of Cape Town.

11. Termination: We reserve the right to terminate or suspend your access to the Website and/or refuse service at any time, for any reason, including breach of these Terms, without prior notice or liability.

12. Governing Law: These Terms shall be governed by and construed in accordance with the laws of the Republic of South Africa, without regard to its conflict of law principles.

13. Entire Agreement: These Terms, together with any specific booking confirmation or service agreement provided for photography services and our Privacy Policy, constitute the entire agreement between you and MadEye Photography regarding your use of the Website and our services, superseding any prior agreements or understandings.  

14. Changes to Terms: We reserve the right to revise these Terms at any time by updating this page. The revised Terms will be effective immediately upon posting. You are bound by any revisions and should therefore periodically visit this page to review the current Terms. Your continued use of the Website or engagement of our services after changes are posted constitutes your acceptance of the revised Terms.

15. Contact Us:

If you have any questions about these Terms, please contact us at quen@madeyephotography.co.za