Last updated 10/16/2019
The following terms and conditions (“Terms of Service“) govern all paid services (“Services“) offered by ProPhoto (“ProPhoto”, “we”, “us”, or “our”). (ProPhoto is owned and developed by Downshift LLC.) By purchasing any Services from ProPhoto, the purchaser (“Client“, “you“, or “your“) represents that you have read, understood and agree to these Terms of Service. If you do not agree to any of the terms or conditions set forth, you should not purchase any Services from ProPhoto, or, if you have already purchased Services, contact us immediately at firstname.lastname@example.org and we will make reasonable efforts to refund your purchase.
We reserve the right to update these Terms of Service at any time. We will alert you about any changes by updating the “Last updated” date listed at the top of these Terms of Service, and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Terms of Service to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms of Service by your continued use of the ProPhoto site (https://pro.photo or any sub-domain therein) after the date such revised Terms of Service are posted.
All payments listed on ProPhoto’s website are in United States Dollars (USD).
Due to the nature of Services offered, ProPhoto does not provide any refunds on purchased Services. In the event that Services have been purchased by the Client, but ProPhoto has done no work related to those Services, the Client may request a refund up to 30 days after purchase.
Once payment has been received, ProPhoto will contact the Client within 3 business days (Monday – Friday) with an information request, if necessary, to begin work on the Services purchased. The Client then has 7 business days after the request is sent to respond to ProPhoto with the information requested. If the information from this initial request is not received in that time, ProPhoto reserves the right to cancel the Client’s purchase and refund any payment received.
Any Service purchased will be completed by ProPhoto up to 30 days after the original purchase date, assuming we have received all information needed to complete the work. If for any reason we are unable to complete the work within 30 days, we will contact you prior to the 30 days and reschedule a new end date. If not all of the information needed to complete the work is received from the Client within 180 days after purchase, regardless of whether the Services purchased have actually been completed or not, the Services will be considered to be fully rendered, no additional work will be performed by ProPhoto on those paid Services and no refund will be provided.
During the the completion of Services, we will communicate with you as frequently as needed via email, phone and/or video services to inform you of progress and request any additional information that is required.
Scope of services provided
The scope of what will be provided for each Service offered by ProPhoto is laid out specifically in the description of each Service product. No work beyond what is explained within those descriptions will be performed by ProPhoto, unless where we deem it necessary. If we determine additional work is necessary beyond the original scope, before the additional work is started, we will communicate this to you and may bill for the additional work when applicable.
There may also be instances where we determine it is not necessary to perform all of the items listed in a Service product description in order to complete that particular Service. In such cases, we will communicate this to you as well. However, no refund (full or partial) will be provided when this occurs.
When the scope of a particular Service has been met, the Service will be considered to be completed and no additional work will be provided by ProPhoto to the Client. If the Client happens to undo, remove or lose any of the work that ProPhoto completed, the Client will be responsible for restoring that work. Or, if the Client needs ProPhoto to re-perform the Service, the Client will need to repurchase the Service.
Performing actions on a client’s behalf
In order to complete certain Services, ProPhoto may need to take certain action(s) on a Client’s behalf with a Client’s webhost. By purchasing the Service and providing ProPhoto with your hosting login, you hereby grant ProPhoto authorization to perform whatever actions are needed with your host to complete the Service. You also hereby grant ProPhoto authorization to contact your webhost on your behalf if necessary.
However, ProPhoto will never perform any actions that are unrelated to the Service work being completed. Nor will ProPhoto purchase any additional products from the Client’s webhost without first getting the Client’s consent, in the rare instance this is necessary.
Client assets and custom site work
To complete certain Services offered by ProPhoto, we may require the Client to provide us with assets including, but not limited to, graphics, images and text. ProPhoto recognizes that all assets provided by the Client are the property of the Client and we will not use them for any purpose other than to complete the Services purchased by the Client. After completion, we will delete all assets provided to us.
Although stated in several of the individual service product descriptions, it should be noted that none of the Services offered by ProPhoto will include any custom design work. This includes the creation of graphics, images, text, website design or layout. All assets required to complete the Services must be provided by the Client.
Warranty on services
When applicable, if a Service provided by ProPhoto includes a warranty, it will be mentioned in the description for that product. If no warranty is mentioned in a Service’s product description, then no warranty is provided for that particular Service.
Refusal of service
We reserve the right to refuse any of our paid Services to any persons, at any time, at our own discretion, without explanation. In these cases, if the Client has already paid for the Services, we will respectfully refund the purchase if no work has been performed. If a portion of the work has been completed, we will work with the Client to provide a pro-rata refund that is fair.
These Terms of Service and your use of the ProPhoto website are governed by and construed in accordance with the laws of the State of Michigan applicable to agreements made and to be entirely performed within the State of Michigan, without regard to its conflict of law principles.