Term and Conditions
Welcome to Vivah Moments. These Terms and Conditions (“Terms”) govern all services provided by Vivah Moments (referred to as “The Company,” “We,” “Us,” or “Our”) and the client (referred to as “You” or “The Client”) in relation to wedding photography, cinematography, and related services. By booking our services, making a payment, or signing a service agreement, you explicitly accept and agree to be bound by these Terms.
1. Booking and Financial Obligations
1.1. Service Agreement: All services are confirmed only upon the execution of a formal Service Agreement (Contract) and the payment of the non-refundable Retainer Fee.
1.2. Retainer Fee (Non-Refundable): A non-refundable retainer fee amounting to 30% of the total package cost is required to secure the event date(s). This fee is essential to cover the Company’s reservation of the date, administrative costs, and loss of opportunity to book other clients.
1.3. Payment Schedule: The remaining balance must be paid according to the following schedule (or as detailed in the final invoice):
50% of the total package is due 60 days before the event date.
The final balance of 20% is due 14 days before the final event day.
1.4. Late Payment: The Company reserves the right to charge a late payment fee of 2% per week for any payment overdue by more than 7 days. No photography or cinematography services, including final delivery of images/films, will be provided until the full payment is cleared.
2. Cancellation and Postponement
2.1. Cancellation by Client: If the Client cancels the contract for any reason:
The retainer fee (30%) is immediately forfeited.
If cancellation occurs within 90 days of the event date, the Client shall be liable to pay an additional 50% of the remaining balance as a cancellation penalty to compensate for lost business.
2.2. Postponement: If the Client postpones the event, the Company will endeavor to transfer the retainer fee to the new date, subject to its availability. If the Company is unavailable for the new date, the retainer fee will be forfeited, and a new contract will be required for the new date, with no further liability on the Company.
2.3. Cancellation by Company (Force Majeure): If the Company is unable to perform the services due to unforeseen circumstances (e.g., severe illness, accident, natural disaster, government order), the Company’s liability is strictly limited to the return of all payments received, excluding the non-refundable retainer fee.
3. Copyright and Usage Rights
3.1. Copyright Ownership (India): The copyright in all photographs and films produced remains the exclusive intellectual property of Vivah Moments as per the Indian Copyright Act, 1957.
3.2. Client License: The Client is granted a perpetual, non-exclusive, non-commercial license to reproduce, print, and share the final delivered digital files for personal use (e.g., sharing with family and friends, personal social media use). This license does not permit the Client to sell the content or use it for any commercial or financial gain without the Company’s explicit written consent.
3.3. Promotional Use: The Client grants Vivah Moments, its successors, and assigns the irrevocable right to use all images and footage captured at the event for the Company’s portfolio, website, social media, sample albums, advertising, and other promotional purposes. If the Client requires full privacy and non-disclosure, a separate, specific non-disclosure agreement (NDA) and an associated fee must be negotiated and executed.
4. Limitation of Liability and Redressal
4.1. Maximum Liability: In the event of loss or damage to the images/films (e.g., due to equipment failure or data corruption), the Company’s liability shall be limited to the total amount paid by the Client for the services.
4.2. Grievance Redressal: In accordance with Indian regulations, any complaints or grievances regarding the data handling or service should be addressed to the designated Grievance Officer via email at info@vivahmoments.com. The officer will acknowledge the complaint within 48 hours and resolve it within one month.
5. Governing Law and Jurisdiction
These Terms and Conditions shall be governed by and construed in accordance with the laws of the Republic of India. Any disputes, claims, and actions arising out of or related to this agreement or the services provided shall be subject to the exclusive jurisdiction of the Courts in Delhi, India.