Terms of Service and Conditions Agreement

INTRO
Thank you for choosing us  for your photo enhancement, retouching and/or restoration. These Terms of Service govern your use of our services. By placing an order with us, you are stating your agreement to these Terms of Service, and a binding legal agreement is created. You must be 18 years or older to use our services.

ARCHIVING OF PROJECTS/IMAGES
LunchBoxPhoto™ archives projects and images for one year. These are never shared with a third party without your express consent. If requested, all client images will be deleted after ten days from the time the order is sent to the client. Once deleted, it will no longer exist at LunchBoxPhoto™. 

QUALITY OF OUTPUT
Final output depends substantially on the quality of the original work we receive. LunchBoxPhoto™ will make our best efforts to consult with you prior to our work.  If, in the opinion of LunchBoxPhoto™, the initial image will not produce a quality output you will have an option to cancel your order.  For specific recommendations regarding the submission of digital photos please click here.

COLOR ACCURACY
Accurate color reproduction starts from the beginning. If a client sends us a hard copy image we will start it in a color-managed work flow to ensure, as close as possible, accurate color reproduction. However, if a client will be displaying the work we send back on a TV or computer monitor, please note that unless that TV and/or monitor has been recently color calibrated using calibration equipment, the monitor will rarely display the colors accurately.  We generally use Adobe RGB 1998. We encourage clients to use Adobe RGB 1998 and embed this profile into their images. If a client has used a different color space we will attempt to use that space as well, as long as we know beforehand. However, if clients has not properly profiled/calibrated their monitors, what they see on their screen still may not represent what we see on ours. Please take this into consideration.

GUARANTEE, RETURNS AND REFUND POLICY
Simply put, if you're not happy, we're not happy!  LunchBoxPhoto™ takes great pride in supplying you with superior quality, friendly and affordable digital photo services. If we cannot achieve what you need, you can request a refund.

PROOFING
LunchBoxPhoto™ orders include a digital (watermarked) proof via email as part of the process.

REJECTIONS
If in the rare case a proof is rejected or otherwise cancelled, the client’s liability will be limited to 50% of the total service cost including any retouching/painting fees, custom requests, or restoration charges. There will be no obligation to pay for printing or shipping costs. All monies will be refunded to the customer less 50% the service costs as described above.

OUR GUARANTEE
Upon receiving your digital proof, if you are not 100% satisfied with the results, we will get to work immediately performing one round of minor changes, free of charge! The object of this is to correct any discrepancies between the initial description of what you wanted, and our understanding of your requirements. Note: If you have changed your mind as to what services you want, or desire more customized work, we will let you know (prior to beginning this type of additional work) what the extra cost will be. At LunchBoxPhoto™ you won't find any hidden charges or confusing policies.

RETURNS & REFUNDS
Once a proof is authorized or the digital proof option is waived, the order will go to print. In all cases, LunchBoxPhoto™ guarantees craftsmanship of the finished product, as it pertains to the services we performed for you. At this point the general policy for Returns and Refunds for craftsmanship and damage will apply (see below).

For United States Orders: If an item is being sent to a (non - P.O. Box) United States address, and arrives physically damaged due to the fault of the mail carrier service, we will replace the product at our expense as long as an allowed claim is successfully filed against the shipper. (more information)

For Non-United States Orders: If an item is being sent to an address outside of the United States, we won't have the ability to track the package or insure that it arrives safely. Certain foreign mail systems range from very reliable to nearly non-existent. For such orders, the client assumes full responsibility for items damaged during shipping. If foreign mail damage does occur, we will work with the client to arrange a new printing at minimal cost.

Additionally, if an item arrives with errors or mistakes by LunchBoxPhoto™ (e.g., a misspelling, wrong print size, etc.) we will fix and replace the item at no charge. We will not be responsible for errors in spelling if captions were submitted to us that way or were not caught by the client during the proofing process.

We must receive from you notice of any damage within 8 days of receipt. It is a result of shipping we will require your assistance in filing a damage claim with that particular shipper. In ANY case, retail ALL packaging materials for the shipper to inspect.  In rare cases you may have to send the original packaging that was damaged back to us in order to file the claim. 

PRODUCTION TIME
Most services generally take 3-7 days to complete. If during the consultation process, we assess the client's needs to be longer than the usual turnaround, we'll give a revised production time. Please note that production times can only be met as long as we receive timely responses from the client particularly in the case of proofing. In the case where changes are requested in middle of the process a revised production time will be given to the client. In all cases we will work with the client to find a way to meet deadlines. However, in the case of changes or revisions or communications delays, production times may take longer than originally quoted and/or ordered. FOR RUSH AND TIME SENSITIVE ORDERS WE MAKE EVERY EFFORT TO ENSURE THAT THE ITEM WILL SHIP ON TIME, HOWEVER, IT IS IMPERATIVE THAT YOU FOLLOW UP ON THE DAY OF SHIPPING TO ENSURE ACTUAL SHIPMENT. THIS HELPS TO AVOID POSSIBLE ISSUES DUE TO COMMUNICATION DELAYS. THE ONLY REFUND AVAILABLE FOR A MISSED PRODUCTION TIME DUE TO AN ERROR BY LunchBoxPhoto™ IS THE EXTRA COST PAID FOR RUSH DELIVERY.

SHIPPING POLICY
(NOTE: Due to practical limitations, we offer no warranty on orders mailed to P.O. Boxes or addresses that are outside the United States.) LunchBoxPhoto™ will ship your package using registered & insured mail unless you specify another method.  We do not normally ship items with signature required as most customers are not home to receive packages during the day. If you need signature required, please specify this when you place your order. LunchBoxPhoto™ will not be responsible for shipments that are lost, damaged, or not delivered in a timely fashion by the shipper. In the case of lost, damaged, or delayed shipments we will help you to file a claim with the shipper and we will send a replacement to you.  In the case of sending a replacement, charges may apply including the cost to reproduce the items ordered, and for the replacement shipping charge.  

PRODUCT QUALITY
We make every effort to ensure that your final product looks as good as you expect. This includes but is not limited to our using what we deem to be appropriate high-quality photo paper, inks, and printers. We take these extra steps to help ensure that your prints experience years of protection from fading and cracking. However, LunchBoxPhoto™ has no control over these prints once they leave our hands. So, we cannot guarantee against long-term fading and cracking or other related defects. Please take precautions when displaying your prints.  Keep them out of sunlight which fades print colors.

FEES ON NON-PAYMENTS
All payments are to be paid in advance prior to shipment of any products unless specific arrangements have been made between LunchBoxPhoto™ and the customer.

FEES: A $32 fee will be added to the balance of any payment owed for returned checks or in instances where the client has charged back the payment through their credit card due to any error.

Finance charges will accrue at a rate of 1.4% per month on the open balances.


THE USE OF IMAGES 
LunchBoxPhoto™ will use images and prints you supply to us to create the products according to your request. These may include prints or image files, slides and documents you send. You must have the right to use the images you supply to us.  By placing an order with LunchBoxPhoto™ you are representing and warranting to LunchBoxPhoto™ that you have that right, that all images you supply belong to you, and that you have obtained any third party permissions that may be required to use all images. These permissions may include, but are not limited to, the permission of the photographers of any professional photographs you supply to LunchBoxPhoto™ for use in the final product. 

By placing your order you are representing and warranting to LunchBoxPhoto™ that you have all such rights and any necessary permission from third parties. By placing an order with us, you are also agreeing to indemnify LunchBoxPhoto™ against all liability that may arise as the result of a claim by any third party that inclusion of the materials you supply to us in your final product violates any copyright or other rights. LunchBoxPhoto™ expressly disclaims any responsibility or liability to any third party arising out of the content of the materials you supply to us for inclusion in your final product, and you agree to be solely responsible as to any such claim. 

Important: We have no problem with adult nude photography. HOWEVER - LunchBoxPhoto™ reserves the right not to work on any image if it determines the content to be hateful, harmful or otherwise objectionable or contrary to any law.  LunchBoxPhoto™ will not accept any photos that depict minors or any persons who it appears is or might be a minor engaged in any form of sexual conduct or any conduct that might otherwise be harmful in any way, including, but not limited to content that does or might violate any federal or state child pornography law, child exploitation law or law that prohibits harmful depictions of minors. If necessary for the protection of minors or as required by law, LunchBoxPhoto™ will disclose such material to the proper authorities. In all cases, you accept full legal responsibility for any photos or materials you send to us. You also agree to being solely responsible in checking any local, state or other laws to ensure that services and products you obtain from LunchBoxPhoto™ are not in violation of any applicable laws.

LUNCHBOXPHOTO™ COPYRIGHTS & TRADEMARKS
All logos, graphics, text used to identify LunchBoxPhoto™ and its products and services are the trademarks and sole property of LunchBoxPhoto™.  All such protected material cannot be copied, displayed, or used in derivative works without the express permission of LunchBoxPhoto™.  Any third party logos, graphics and marks displayed by LunchBoxPhoto™ are the property of the respective owners and these cannot be used, copied or displayed in any way without express permission of the owners of these marks.

DISCLAIMER:
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO ANY APPLICABLE LAW, LUNCHBOXPHOTO™ DISCLAIMS ALL WARRANTIES EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF ITS PRODUCTS AND SERVICES. UNDER NO CIRCUMSTANCES SHALL LunchBoxPhoto™ BE LIABLE FOR ANY DAMAGES, INCLUDING BUT NOT LIMITED TO ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES TO CUSTOMERS PHOTOS, SLIDES, NEGATIVES OR ANY MATERIALS, INCLUDING BUT NOT LIMITED TO AS A RESULT OF THEFT, FIRE, FLOOD, NATURAL DISASTER, WAR, OR TERRORISM.  BY PURCHASING ANY SERVICES AND/OR PRODUCTS THROUGH THIS WEBSITE OR FROM LUNCHBOXPHOTO™, YOU ARE AGREEING TO ALL THE TERMS AND CONDITIONS CONTAINED HEREIN.

OTHER / GENERAL
These Terms and Conditions shall be governed by the laws of Texas where LunchBoxPhoto™ is located. If a court should find any one of the provisions of these terms not enforceable, you do agree that the remaining terms shall remain in force. Further, these Terms and Conditions represent the full agreement between you and LunchBoxPhoto™.  LunchBoxPhoto™ also has the right to modify these Terms and Conditions at any time. Should you continue to use the service after notice of the changes, your use will constitute an acceptance of these changes.

--- end ---