Terms of service

Welcome to Fotober. Fotober is a provider of editing services for photographers. We handle the photo processing based on your request, including three aspects of real estate, e-commerce, portrait and events.

By using Fotober, you agree these Terms of Services, this Agreement is effective for current users. All services that Fotober (hereafter referred to as “Fotober” or “we” or “us”) may be contracted to produce or provide for you (hereafter referred to as “you” or “the client”) will be subject to the following:

1. EDITING

We will always do our best to fulfill your needs and meet your goals. Fotober is committed to customer satisfaction and will work with you to correct any Fotober error, including but not limited to re-performing its services to correct such error. You will review and accept or reject the images. This process will repeat until you satisfy with the returned ones.

2. DELIVERY

Fotober returns the images to you via a public web address (e.g., URL). Although we make your edited images available only for you, there are inherent security limitations in a public web address which we cannot rectify.
Fotober offers different service pricing based on different requested delivery deadline. We will consider as if we can meet your delivery dates and give you the confirmation before charging express fees. If the actual date Fotober returns to you is in different from the price you paid, you may contact Fotober and raise the problems, and Fotober will refund any differences.

3. PAYMENT METHOD, REFUNDS, AND RETURNS POLICY.

You will be required to make online payments at the time of downloading outputs after accepting the quality of our work. All payments shall be made in USD, AUD, or CAD. We accept Credit Card payments online. As a vendor verified by Paypal, we also accept instant payment through Paypal.

Your payment is made by each transaction based on the invoice amount issued by Fotober for completed service. We are offering a preview mode for each project which can help you to review the quality of our service before making any payments to download the project files, and hence, we do not offer refunds after your acceptance, but our team can still keep further editing if you need any revisions to reach the best quality.

4. RIGHTS TO YOUR IMAGES

Fotober appreciates your business and will never claim rights to your images except as necessary to provide its services. When you transfer images to Fotober you represent and warrant to Fotober that you either own your images or have written permission from the copyright owner to make such images available to Fotober. Furthermore, you hereby grant to Fotober, solely for the purpose of providing its services to you the non-exclusive right to copy, store, display, modify, distribute, transmit, and make derivative works of your images. If you violate these provisions and transmit the images of others without their consent, you are solely responsible for any copyright violations that are committed as a result of your actions and you agree to indemnify and hold harmless Fotober, its officers, directors, employees and agents from any resulting costs and liability.

5. DISCLAIMER OF WARRANTIES

Except for the procedure set forth in section 1 (“editing”), the services are provided “as is”. Neither fotober nor its licensors or subcontractors makes any warranties, express, implied or statutory, regarding the services provided hereunder. All implied warranties as to satisfactory quality, performance, mechantability, fitness for particular purpose or noninfringement are expressly disclaimed. some jurisdictions do not allow the exclusion of implied warranties or limitations on how long an implied warranty may last, so such limitations or exclusions may not apply to you.

6. LIMITATION OF LIABILITY

In no event will Fotober, its licensors or subcontractors be liable to you for any special, incidental, consequential, indirect, punitive or exemplary damages of any kind, including but not limited to any lost profits, revenue, savings, business, data or goodwill, however used, whether for breach or repudiation of contract, tort, breach of warranty, negligence, or otherwise on any theory of liability, whether or not Fotober or a licensor or subcontractor of Fotober was advised of the possibility of such loss or damages. Notwithstanding any other provisions of this agreement, Fotober and its licensors and subcontractors’ total liability to you arising from or in relation to this agreement or Fotober or its subcontractors’ performance of the services shall be limited to the total payments to Fotober for the services performed on the relevant image. in no event will Fotober or its licensors or subcontractors be liable for the cost of procurement of substitute goods or services. the foregoing limitations shall not apply to damages arising from death or personal injury to persons or tangible property in any jurisdiction where such limitation is prohibited by applicable law. some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so such exclusions may not apply to you.

7. TERM

This Agreement shall be effective from the date you submit an image to Fotober until the date the returned image is deemed accepted, provided that Fotober may terminate this Agreement at any time and will return the fees paid by you for any image that Fotober has not edited and Fotober may or may not in Fotober’s sole discretion return fees paid for edited images not yet deemed accepted. Sections 1-8 of these Terms of Services, and any other provisions by their very nature, shall survive the expiration or termination of this Agreement.

8. GENERAL PROVISIONS

This Agreement applies only to you and may not be assigned or transferred by you. This Agreement shall be binding upon, and inure to the benefit of, the successors and assigns of Fotober. This Agreement will be governed by and construed according to the laws of Vietnam without regard to that body of law controlling conflicts of law. Fotober shall not be liable for any alleged loss or damages resulting from failure to perform due to acts of God, natural disasters, strike, shortages of labor, acts of civil or military authority, governmental priorities, fire, floods, epidemics, quarantine, energy crises, war, riots or interruption of Fotober’s production for reasons beyond Fotober’s reasonable control. Fotober may amend this Agreement at any time, and the terms that will govern Fotober’s service of a particular image are those in effect on the date you submit the image. No waiver will be implied from conduct or failure to enforce rights. If any part of this Agreement is found invalid or unenforceable, that part will be enforced to the maximum extent permitted by law and the remainder of this Agreement will remain in full force. In case of conflict between these Terms of Service and any other statement on Fotober’s website, these Terms of Service shall control. This Agreement represents the entire agreement between the parties relating to its subject matter and supersedes all other representations.