Photoset Terms of Service for Photographers

Version: 1.2
Effective Date: 2025-09-22
Last Updated: 2025-09-22

This Terms of Service Agreement (“Agreement”) governs the use of the Photoset platform (“Photoset,” “we,” “us,” or “our”) by registered photographers (“Photographer,” “you,” or “your”). By accessing or using Photoset (https://photoset.co.za), you agree to be bound by the terms and conditions set forth herein.

Compliance with the POPI Act

• Photoset complies with the Protection of Personal Information Act (POPIA) of South Africa.
• We implement reasonable technical and organizational measures to safeguard personal data.
• Photographers are responsible for handling client data in accordance with POPIA and may not export, misuse, or disclose such data.
• Parents or guardians may request the removal or restriction of personal data by contacting Photoset support.

Eligibility and Account Security

• You must be at least 18 years old or otherwise legally able to enter a binding contract to use Photoset.
• You are responsible for maintaining the confidentiality of your login credentials and all activity conducted through your account.

Payments and Banking Information

• Cleared funds are disbursed to photographers on a weekly basis via electronic transfer.
• Photographers must ensure accurate banking details are submitted via the designated account settings page.
• Photoset shall not be liable for payment delays or failures resulting from incorrect or incomplete banking information.
• Photographers are solely responsible for declaring and paying any applicable taxes (including VAT and income tax) arising from income received via Photoset.

Refunds and Chargebacks

• Refunds are only permitted where supported by the relevant payment provider. Certain payment methods, including EFT, may not support refunds.
• Orders are non-refundable after the designated print batch cutoff date.
• Where a refund cannot be processed through Photoset, the Photographer shall be solely responsible for resolving the matter directly with the client.
• In the event of a chargeback or disputed transaction, Photoset reserves the right to recover the value of the disputed amount from the Photographer.

Platform Usage and Gallery Retention

• Photoset is a transactional sales platform and not a long-term image storage service.
• Galleries that do not generate any orders within thirty (30) calendar days may be deleted without notice.
• Photographers remain responsible for retaining their own image backups.

System Availability and Limitation of Liability

• Photoset is provided “as is” and without warranty of any kind, express or implied.
• We do not guarantee uninterrupted access or error-free operation.
• Photoset shall not be liable for any loss of revenue, data, or business opportunity resulting from system outages, software faults, or third-party service disruptions.

Courier Fees and Print Fulfillment

• For direct-to-printer and school premium printing options, applicable courier fees will be displayed during shoot setup.
• Courier fees apply to print batches below a specified minimum value threshold.
• Third-party providers (printers, couriers, payment processors) may have their own terms and conditions, which apply in addition to this Agreement.

Use of Shoot Data and Analytics

• Photoset may use non-identifiable shoot metadata for internal analytics and service optimization.
• No personally identifiable information shall be disclosed or sold to third parties.
• Certain order and client data may be retained as required for legal, accounting, or compliance purposes.

Image Quality and Print Specifications

• For print fulfillment managed by Photoset, we will verify image ratios to ensure compatibility.
• Photographers are responsible for uploading images with sufficient bleed and resolution, particularly for branded school products (e.g., inclusion of coat of arms).

Support Services

• Support is available Monday through Friday, 08:00 to 17:00 SAST.
• All inquiries must be directed to the official support email: support@photoset.co.za.
• Communications sent via alternative channels (e.g., WhatsApp) may not be monitored and Photoset accepts no responsibility for missed requests sent outside official channels.

Termination and Suspension

• Photoset reserves the right to terminate access to the platform with thirty (30) days’ written notice and a stated reason.
• In cases of serious breach (including fraud, misuse of data, or upload of prohibited content), Photoset may suspend or terminate accounts immediately without notice.
• Photographers may terminate their account at any time via the account settings page.

Intellectual Property

• Photographers retain full copyright ownership of all images uploaded to the platform.
• By using Photoset, you grant us a non-exclusive, royalty-free license to display your images within galleries and client-facing interfaces for the purpose of fulfilling orders.

Pricing and Subscription Terms

• Subscription fees and platform pricing may be modified with thirty (30) days’ prior notice.
• Print product pricing is dynamic and reflects current supplier rates. Updated prices are displayed during shoot setup.
• Failure to pay subscription fees may result in suspension or termination of your account after 7 days of non-payment.

Amendments

• Photoset reserves the right to amend this Agreement at any time. Continued use of the platform following such amendments constitutes acceptance of the revised terms.

Jurisdiction and Governing Law

• This Agreement shall be governed by and construed in accordance with the laws of South Africa.
• Any disputes arising under or in connection with this Agreement shall be subject to the exclusive jurisdiction of the courts of KwaZulu-Natal.
• Parties agree to attempt to resolve disputes through good-faith negotiation before escalating to formal legal proceedings.

Indemnity

• Photographer agrees to indemnify and hold harmless Photoset from any claims, damages, or legal fees arising from their use of the platform or breach of this Agreement.

Force Majeure

• Photoset shall not be liable for any delay or failure in performance resulting from causes beyond its reasonable control, including but not limited to natural disasters, strikes, internet outages, or governmental actions.

Model Release

• Photographers uploading images featuring identifiable individuals, especially minors, must ensure that appropriate model releases have been obtained.

Client Communication

• Photographers are responsible for timely communication with clients regarding shoot details, delivery timelines, order queries, and refund disputes.
• Photoset will forward client enquiries received through the platform and will assist with platform-related issues. However, Photoset is not responsible for handling or resolving day-to-day client communication, service-related matters, or disputes on behalf of photographers.

Image Retention and Backup

• Photographers are solely responsible for backing up their own images. Photoset does not provide long-term image storage.

Prohibited Content

• Photographers may not upload illegal, defamatory, explicit, or otherwise inappropriate content.
• Photoset reserves the right to remove such content and suspend or terminate the Photographer’s account.