SERVICE AGREEMENT
This Agreement is between You, The Client, with contact information accurately defined in this online form and DevelopAll, Inc, owner of PhotoHand™, a duly registered corporation in the state of Delaware, with head office at offices at 272 Hull Avenue, Staten Island, NY, 10306.
WHEREAS, The Client desires to have one or more photographs and/or images restored and/or retouched.
WHEREAS, PhotoHand™ has the expertise and the resources to restore and/or retouch aforementioned photographs and/or images.
WHEREAS, The Client desires to acquire the services of PhotoHand™ in restoring/retouching aforementioned photographs and/or images.
TERMS OF SERVICE
I. RESPONSIBILITIES OF THE CLIENT
a. Provide digital photographs and/or images to be retouched/restored at a resolution of AT LEAST 300 DPI.
b. Upload the Photographs and/or Images via PhotoHand.com.
c. Provide an open line of communication for constructive comments and criticism to allow PhotoHand to deliver at the best of its ability.
d. Ensure that The Client has permission to have the photographs and/or images retouched/restored. The Client is responsible for obtaining all copyright releases prior to submitting the images to PhotoHnad. Neither PhotoHand, not its parent company – DevelopAll, Inc. - assume liability for legal actions as a result of copyright infringement should the Client fail to follow this legal requirement and will seek indemnification for any expenses incurred as a result.
e. Ensure that the photographs/images uploaded are not of malicious, pornographic, or illegal content.
f. Provide financial resources to compensate DevelopAll, Inc, the parent company of PhotoHand for the services provided through PhotoHand in the amount DevelopAll, Inc. requests for the service.
II.DUTIES AND RESPONSIBILITIES OF PhotoHand.com and DevelopAll, Inc.
a. PhotoHand™ commits to restoring/retouching the photographs and/or images to the best of its ability.
b. PhotoHand™ reserves the right to turn down photographs and/or images that it believes to be of malicious, pornographic, or illegal in nature. In such event, PhotoHand will refund the amount paid by the client IN FULL.
c. PhotoHand™ reserves the right to turn down photographs and/or images that it believes can not be restored/retouched to a level of quality usable by the client. In such event, PhotoHand will refund the amount paid by the client IN FULL.
d. PhotoHand™ will make the file available for download for a period of thirty (30) days from the completion of the project.
III. DISCLAIMER
The photograph(s) covered in this agreement are presented AS IS. PhotoHand™ is not responsible for final end-user utilization of these images and any damages the Licensee might incur in its use.
IV.GOVERNING LAW AND VENUE
This Agreement shall be construed in accordance with the laws the State of New York, USA, without regard to principles of conflict of laws. For all disputes and litigation arising under or relating to this Agreement, each party hereby agrees to jurisdiction and venue in the courts of the State of New York, USA.