In consideration of the covenants and agreements contained in this agreement, the parties to this agreement agree as follows:

ENGAGEMENT

The customer ("client") hereby agrees that Photoflutter is granted full production and editorial control by the client regarding all aspects of editing and creating any slideshow production. In return, Photoflutter agrees to work with the client to create a slideshow album that meets their specifications. Photoflutter agrees to make every provision possible to incorporate the client's suggestions and ideas into the slideshow. The client is to make all design and editorial suggestions prior to creation. After the client has received the slideshow, changes can be made free of charge only (1) if Photoflutter failed to meet the specifications given by the client prior to creation (2) names, dates, quotes are incorrect according to the order form filled out by the client.

The client is responsible for numbering each photograph for the purpose of specifying the order in which they are to appear. Photoflutter will make every attempt to place the photos in the exact order requested, but does not guarantee the exact order specified. Photoflutter assumes the right to alter the order requested by the client (the order may be slightly changed to increase visual appeal, to help the "flow" of the slideshow, etc.) If no order is specified, Photoflutter will attempt to categorize the photos chronologically. In this case, Photoflutter is not responsible for photos that appear in the incorrect order.

Every possible attempt is made to include every photo sent to us. However, Photoflutter does not guarantee any specific photo to be included in the slideshow. Considering that certain photographs, depending on their quality and visual appearance, are impossible to repair and/or include in the presentation, Photoflutter reserves the right to eliminate photographs from the slideshow. Photos considered to be obscene or offensive will not be included. Photoflutter also reserves the right to crop, color correct, or retouch any photograph used in the presentation to increase visual appeal and in the creation of menus and submenus. Photoflutter is not responsible for photographs that appear to be slightly darker/lighter than the original prints, as specific colors may not appear to be the same on a television screen. All attempts will be made, however, to produce accurate representation of each photo.

Photoflutter agrees to make every attempt possible to verify all information given by the client in the online order form. It is the ultimate responsibility of the client, however, to ensure that all information provided on the order form is correct prior to submission. In the event that incorrect information is included in the slideshow as a result of incorrect information provided in the order form (e.g. misspelled name, incorrect date, wrong background choice, etc.), it is the financial responsibility of the client to purchase an additional copy with the correct information and/or return the incorrect videos to Photoflutter to be corrected and returned (standard shipping applies).

PAYMENT

Photoflutter will not begin work on the client's slideshow until full payment is received unless otherwise agreed upon with a Photoflutter representative. This includes payment for extra copies, CD's, shipping, etc. Payment is non-refundable. Any bank charges incurred due to insufficient funds, will be charged to the client along with a ₤25 service charge. Full payment must be received before the slideshow is delivered with no exceptions. All selections are final once the client has turned in the completed order form (this includes all photograph/music/package selections, etc.) unless otherwise agreed upon with a Photoflutter representative. All photographs and music selections will be returned to the client only after full payment has been received.

COPYRIGHT

The Copyright of all slideshow designs is retained by Photoflutter. Reproduction in any form is prohibited. Original files remain the property of Photoflutter and will not be used for advertising, display, or any other purpose
All music used in our slideshows is copyrighted material by which Photoflutter does not hold copyrights. By submitting an order form and agreeing to Photoflutter terms of service, clients agree that they have purchased and possess their own original copy of all music used in their slideshow. Under copyright law, customers may then display their slideshow for personal family and friends. Mass production of a slideshow is strictly prohibited without purchasing the additional copyright licensing per song used.

Professional photographers hold all copyrights to their images, and must agree to their use in your slideshow. It is the sole responsibility of you, the client, to obtain any agreement with any professional photographer prior to submitting such work to Photoflutter. Photoflutter will assume such agreement has been established and assumes no legal responsibility for the failure of you, the client, to do so. Photoflutter will not remove or alter the logos of professional photographers appearing on any photo. If your photographer has questions or concerns, they may contact us directly. Photoflutter will be happy to make arrangements with the photographer and will include their company logo at the end of the slideshow if requested.

SHIPPING & HANDLING

A shipping and handling fee of ₤10* will be added to the slideshow price. Overseas shipping rates will be added in addition to the ₤10 shipping and handling fee* for all overseas sells. If overnight shipping is required as a result of late payment by the client or a last-minute order, an additional charge of ₤10 will be added, bringing the shipping and handling total to ₤20* for U.K residents. Additional overseas rates also apply.*₤20 shipping and handling fee may be waived on orders over ₤100.
Risk of loss will be on the purchaser. Shipping insurance is recommended but is optional. Any insurance requested by the client will cost the client only the actual charge of insurance.

Warranties

Photoflutter products and service are sold "as is" and Photoflutter expressly disclaims all warranties, whether express or implied, including but not limited to any implied warranty of fitness for a particular purpose. Photoflutter does not assume or authorize any other person to assume on the behalf Photoflutter, any liability in connection with the sale of it's products.

EXTENUATING CIRCUMSTANCES

The due performance of this agreement is subject to alteration or cancellation by Photoflutter owing to any cause beyond their control. Photoflutter takes the utmost care in respect to processing, designing, and transporting client’s DVD slideshows. Every care is taken in designing, and processing using professional materials. In the unlikely event of total technological failure, or any extenuating circumstances that prevent the video from being shipped on time, Photoflutter’ liability shall be limited to a full refund of all money paid for the event package. Photoflutter is not responsible for DVDs lost during shipment or DVDs that do not arrive on time due to mishandling during shipment. In the event that a DVD is damaged during the shipping process, Photoflutter will ship a new DVD to the client (at no additional cost) upon the client's return of the damaged product.

CLIENT AGREEMENT

It is mutually agreed that the following terms form an integral part of this contract and that no variation or modification of this contract shall be effective unless accepted by Photoflutter in writing.