TERMS AND CONDITIONS
Due to the company rebranding, any instances of "Cancian Digital" fall under "Black Lotus Digital"
General Website Terms and Conditions
These terms and conditions apply to the use of this website. By using this website, you agree to be bound by these terms and conditions. If you do not accept these terms and conditions, you must refrain from using this website.
We reserve the right to amend these terms and conditions from time to time. Amendments will be effective immediately upon notification on this website. Your continued use of the website following such notification will represent an agreement by you to be bound by the terms and conditions as amended.
This website, all content, copyright and all relevant copyright works is owned by Cancian Digital unless otherwise stated. All rights reserved.
Cancian Digitial ltd provides this website service with the aim of promoting and providing information to website visitors about our web design services. Cancian Digitial ltd will use reasonable endeavours to ensure the website is available at all times but will take no responsibility for any system failure or for any loss incurred as a result.
Links from this website to other sites including social media beyond the control of Robbie Cancian & Cancian Digitial ltd are provided for the convenience of the user. Such links do not represent any official endorsement or approval of any such website, product, organisation or service. We are not responsible for the content or privacy practices of any such website.
Every effort has been made to ensure the accuracy of all details within this website, however, no warranty can be given by the Company or its agents regarding the accuracy, adequacy or completeness of any information presented on the website.
To the extent permitted by law, any condition or warranty which would otherwise be implied in these terms and conditions is hereby excluded. Robbie Cancian & Cancian Digitial ltd accepts no responsibility for any loss, damage, costs or expense (whether direct or indirect) suffered or incurred by you as a result of or in connection with your use of this website or any linked websites or your reliance on any information contained or accessed through this website. This disclaimer does not attempt or purport to exclude liability arising under statute of law if, and to the extent, such liability cannot be lawfully excluded.
All information on the site is subject to change without notice.
Robbie Cancian & Cancian Digitial ltd uses its best endeavours to display information that is true, accurate and current, but reserves the right to change, alter, delete and adapt any services provided at any time without prior notice to any party. Robbie Cancian & Cancian Digital Limited takes no responsibility for any loss incurred as a result of any such inaccuracies, changes, alterations and adaptions.
Robbie Cancian & Cancian Digitial ltd reserves the right to edit any uploaded and displayed content and will not permit content that is unlawful, harmful, threatening, abusive, harassing, torturous, defamatory, vulgar, obscene, libellous, invasive of another’s privacy, hateful or racially, sexually, ethnically or otherwise objectionable or inappropriate.
Robbie Cancian & Cancian Digitial ltd reserves the right to terminate any services without notice.
Under no circumstances will Robbie Cancian &/or Cancian Digitial ltd be liable in any way for any content including, but not limited to any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any content posted to and communicated from the Cancian Digitial ltd website service.
All images, illustrations and samples of our work are to be used as a guide only and may represent nonstandard or upgrade options that are not included in the package price.
Robbie Cancian & Cancian Digitial ltd reserves the right to withdraw any service or package at any time without notice.
Photoshoot Terms and Conditions
These terms and conditions apply to photoshoots. Upon payment of a shoot deposit, you agree to be bound by these terms and conditions.
Locations: I am open to using different shoot locations. Indoor or outdoor. I am always happy to discuss options and make suggestions based off your shoot ideas.
Outdoor locations are always weather dependent and I reserve the right to postpone due to poor weather. Indoor locations where possible I can provide, however studio or location hire does not come under any shoot package and will be at your own expense.
Clothing: You will be required to organize and bring your own outfits for your shoot. Style is at your own discretion as it is your shoot. Nude or implied photo shoots will need to be discussed in details before the shoot date. I do not shoot these on a whim and they need to be planned out properly. I do not shoot xxx or anything open legged. If a client does not adhere to these terms I reserve the right to cancel the shoot.
Deposits: Deposits are non-refundable. We take these to help pay for travel, accommodation and general business costs long before the shoot dates take place. Your deposit may be "reused" up to one additional time after a cancellation for another shoot date or event.
Shoot Balance: The balance of your shoot must be paid at least five days before the date of your shoot unless otherwise talked about.
Cancellations: If you cancel outside of 48 hours then you will get a full refund less the deposit, if you cancel within 48 hours you get a half refund less deposit, cancel within 24 hours no refund will be given. It will be at our discretion if I allow a re-booking without any penalties.
Payments: Please use your name as the reference for all bank deposits.
all prices are including GST and a tax invoice can be provided upon request.
Previous Bookings: Any bookings made before the announcement of a discount, special or promo are not subject to the discounted price.
Support: I always encourage the use of a support person, model safety and comfort is paramount. Please make sure any support person is respectful at all times as you will assume responsibility for them at all times. If they are the cause of damage to location or equipment you will be billed for this. If they are disruptive I reserve the right to cancel the shoot. Please no more than 2 support people at a time, I don't need a group of people watching and being distracting.
Hair and Makeup: You will be required to organize your own hair and make up. I have a list of amazing make up artists that I prefer to use, you can find a list of them here. Hair and Makeup is always an additional cost and not included in any of my shoot packages (unless otherwise stated)
Image Copyright: Copyright of all purchased edited images will be passed over to the paying client, the amount of edited images is based off the shoot package purchased or quote. All unedited images (unless purchased) remain the property of Cancian Digital and may not be used online or by any 3rd party without prior consent.
Collaborations (TFP): We do not often do TFP, but in the offset that we do, copyright of any images produced remains with Cancian Digital. We may sell them to a 3rd party for promotional use, use them on our website/social media or paid subscription site. We will always ask permission before doing so.
Patreon: Any and all photo sets that are to be used on Patreon, will be discussed with the model prior with permission granted before hand. The Model waives any rights to any monies made via Patreon or any form of online subscription service.
Editing Terms and Conditions
These terms and conditions apply to editing images. Upon payment of a shoot deposit, you agree to be bound by these terms and conditions.
Image Processing: If I miss a detail or you want something fixed/changed please do not hesitate to let me know, my aim is to edit an image until you are 100% happy with it.
Within the first week since your shoot, you will be sent a private Dropbox link with all images from your shoot as a "light edit". From this link you will choose your allocated amount of images for editing.
Images will first be sent via Facebook messenger (or instagram) for approval then a high res version will be uploaded to your Dropbox folder. Once you are happy with the image you are free to share however you see fit. I only ask out of respect that you credit me where possible (especially if you crop out my logo on Instagram)
Please allow up to eight weeks for completion of your images from the date you selected all of your images for editing. If you take multiple days to choose your images, the date that the very last image is chosen will be the start point. Sometimes life gets in the way and I can fall behind in my deadlines, in this case I am usually always in contact and will let you know where your images are sitting within my schedule, otherwise feel free to send me a message and ask.
Please do not harass me every day wanting images, I have a process and a schedule for how I release my images. The moment I complete an image I always send it through, so not much point messaging asking if I have finished anything new, trust me if I have you will know!
I reserve the right to take sneak peek videos or images for my social media of completed edits (mainly Instagram). Some shoots of course are of a personal nature and might not want to be shared by the client, I always take this under advisement and seek permission before doing so. (So if you dont want anybody to see your images, nobody ever will)
Additional Images: Additional fully edited images may be purchased at anytime within one year of your shoot. These are $20 per image
Additional light Edits may be purchased at anytime within one year of your shoot. These are 5 images for $20 dollars.
All RAW images from your shoot may be purchased for $120, some specific software is required to be able to open these files.
I do not sell unedited images individually. I do not sell unedited images as JPEG.
All images get the same level of post processing, you may feel that your images don't need any editing at all and that's fine, but I will still do things my way. It's what you hired me for after all.
Unedited images and/or samples are prohibited from being posted online anywhere.
Terms of Engagement
By signing any agreement you have engaged Cancian Digital (“Service Provider”) to proceed with the requested services and agree to the terms and conditions as set out below.
The Service Provider will provide services in respect of development, supply and operation of products and services relating to Design and Information Technology.
You have engaged the Service Provider to perform the following services on your behalf:
Set out the services to be performed on behalf of the client
For most work, we will provide you with a price estimate for the work to be completed based on the information provided by you. The price estimate will be based on an hourly rate, plus GST and disbursements.
Should the scope of the services increase based on your instructions, a new price estimate will be provided to include this work.
Should this price estimate change once work has commenced, we will contact you to discuss.
Non-quoted fees for professional services are calculated on the time spent by Service Provider associates and staff attending to said services, multiplied by the relevant hourly rate or at the agreed fixed or discounted rates mentioned in the Services section of this agreement. Time is costed by reference to 15-minute units. The hourly rate is applied to all work done on the Client’s behalf, including making telephone calls, writing letters, researching the laws, negotiating with partners, and preparing documents.
The Client will be notified 30 days prior to any increase in hourly rate that affects the services set out in section 1 of this document.
All invoices will provide a description of the work or services undertaken on your behalf. All services bought on the client/s behalf are invoiced immediately and are due for payment within 7 days. All other invoices are generated at the end of the month and are due for payment by the 20th of the following month unless otherwise stated, with the exception of section 7 and 8 below.
All payments are to be made by direct credit or credit card to the bank account nominated on the invoice.
Any late payments may incur a penalty fee (as per section 9 below) and / or cessation of work until payment in full has been received.
4. Retainer / Deposit
We may require you to pay a retainer or deposit in advance. Generally, this is between 30% or 50% of the final bill. We will advise you of this at the conclusion of our initial discussion with you. Any retainer or deposit will need to be paid into the nominated bank account prior to the commencement of work. A deposit is non-refundable.
5. Client Responsibility
You understand that the Service Provider is not an employee, and that this will be a collaborative, professional relationship of equals where mutual professional respect, courtesy and consideration are expected. Due to the virtual nature of the relationship, you understand the importance of communication, especially via email, and agree to respond to questions, requests and communications from the Service Provider in a timely manner. You acknowledge and understand that the Service Provider is a business with other clients to serve and requires fair, realistic notice in order to attend to requests and projects. Poor planning or miscommunications on the part of yourself will not constitute an emergency for the Service Provider. You understand that the Service Provider may require detailed clarification of projects in order to meet expectations and provide the best support and highest quality work.
All materials or property belonging to the client as well as work performed, may be retained as security until payment of all outstanding invoices are received in full.
7. Services put on hold
In the event that a service agreed to in section 1 of this agreement is put on hold. The client agrees to pay all costs incurred to provide the service up until the point at which the Service Provider was notified of such hold on work. The Service Provider will provide an invoice for all work completed up until the service was put on hold and such invoice will be payable within 14 (fourteen) days.
8. Termination of Agreement by either party
Retainers may be terminated by either party for any reason with 10 (ten) days written notice being provided of intent to cancel. The Service Provider will provide an invoice for all work completed up to the end of the notice period provided and such invoice will be payable within 7 (seven) days. Section 6 above will apply until all outstanding invoices is paid in full.
9. Late Payment Penalties
Any payments not made within the specified period of time for payment will incur an administration charge at the rate of $80 every 7 (seven) days. Any amounts that are not paid because of a bona fide dispute between the parties that are ultimately paid later will incur an administration charge at half the specified rate until the time of payment. Any amounts not paid within 60 days will be sent a professional debt collection agency who may add their own additional charges.
No party to this agreement shall commence any court or arbitration proceedings relating to a dispute arising out of or related to this agreement, unless that party has first complied with this clause.
The parties agree to mediate any dispute with a Mediation Service selected by the Service Provider. The mediation shall be conducted by a mediator and at a fee agreed upon by both parties.
Only after the parties have attended a mediation can legal action be taken to resolve the dispute.
11. Indemnification / Release of Liability
You shall indemnify, defend and save the Service Provider harmless from any and all suits, costs, damages or proceedings, including, but not limited to, the Service Provider’s services, pertaining to any and all litigations in which you are a party. You shall pay all expenses incurred by the Service Provider including, but not limited to, all Solicitors fees, costs and expenses incurred should the Service Provider be named a party in any litigation in which you are a party. You shall further indemnify and hold harmless the Service Provider and its agents, officers, and directors from liability for any and all claims, costs, suits and damages, including attorneys’ fees arising directly or indirectly out of or in connection with this operation of yours, and from liability for injuries suffered by any person relating to yourself. This agreement to indemnify the Service Provider is not limited to any acts or omissions, statements or representations made by the Service Provider in the performance and/or non-performance of the Service Provider’s duties hereunder and relating to all contractual liabilities, which may be alleged or imposed against the Service Provider. All reasonable precautions will be taken to safeguard the property entrusted to the Service Provider. In the absence of negligence, however, the Service Provider will not be held liable for loss, destruction or damage of any kind resulting from items which are lost or delayed in transit, whether such transit is electronic, fax, mail or otherwise, nor for unauthorised use by others of such property. The Service Provider will not be held liable for any incidental, consequential or indirect damages, including without limitation damages for loss of profits, business interruption, loss of information, plagiarism etc. The Service Provider will not be held liable for typographical omissions or errors.