This Photography Services Agreement (hereinafter referred to as “the Agreement”) is made and entered into as of [Date], by and between SantaCruz Foto Lab, a photography service provider based in Tenerife, Santa Cruz, Spain (hereinafter referred to as “the Company”), and its clients (hereinafter referred to as “the Clients”). This Agreement outlines the terms and conditions governing the use of the Company’s services, ensuring clarity, fairness, and mutual understanding.
“SantaCruz Foto Lab” refers to the photography service provider specializing in capturing, editing, and selling high-quality photographs of clients participating in surf lessons organized by local surf schools, operating through santacruzfotolab.com and its subdomains.
“Clients” refer to individuals who participate in surf lessons and purchase photographs from SantaCruz Foto Lab’s website or subdomains.
“Subdomains” refer to the individual web platforms managed by SantaCruz Foto Lab, including but not limited to ikaika.santacruzfotolab.com, k16.santacruzfotolab.com, kontraola.santacruzfotolab.com, and friends.santacruzfotolab.com.
“Photographs” refer to the digital images captured and edited by SantaCruz Foto Lab during surf lessons, available for preview and purchase on the Company’s website and subdomains.
“High-Resolution Digital Downloads” refer to purchased photographs provided without watermarks, suitable for personal or public use.
“Watermarked Photos” refer to preview images displayed on the website or subdomains, which cannot be used or published without purchase.
“Payment Gateways” refer to the platforms used to process payments for photographs, including PayPal and Stripe.
“Refund” refers to the reimbursement of payments made by Clients, subject to the Company’s refund policy and applicable conditions.
“Privacy Policy” refers to the Company’s guidelines on data collection, usage, protection, and sharing, as outlined on santacruzfotolab.com.
“Technical Support” refers to assistance provided by the Company for issues related to photo downloads, account access, or other service-related concerns.
Primary Domain: The primary domain of SantaCruz Foto Lab is santacruzfotolab.com. This domain serves as the main platform for providing photography services, including the preview, purchase, and download of high-quality photographs captured during surf lessons.
Subdomains: SantaCruz Foto Lab operates several subdomains, including but not limited to ikaika.santacruzfotolab.com, k16.santacruzfotolab.com, kontraola.santacruzfotolab.com, and friends.santacruzfotolab.com. These subdomains are tailored to serve specific surf schools and provide clients with access to photographs related to their respective surf lessons.
Ownership and Management: SantaCruz Foto Lab owns and manages both the primary domain and all associated subdomains. The company is responsible for ensuring the functionality, security, and content of these domains.
Purpose of Subdomains: Each subdomain is designed to cater to the needs of a specific surf school, allowing clients to preview and purchase photographs from their surf lessons. Despite their tailored purposes, all subdomains remain under the exclusive control and management of SantaCruz Foto Lab.
Access and Use: Users may access the primary domain and subdomains to view and purchase photographs. Unauthorized use, duplication, or tampering with the domains or their content is strictly prohibited.
Content and Updates: The content on the primary domain and subdomains is regularly updated to reflect the latest photographs and services. SantaCruz Foto Lab reserves the right to modify or remove content as necessary.
Technical Support and Maintenance: SantaCruz Foto Lab provides technical support for issues related to accessing the domains or downloading purchased photographs. The company ensures regular maintenance to maintain the functionality and security of the domains.
Legal Compliance: The operations of the primary domain and subdomains comply with European and Spanish laws, including the General Data Protection Regulation (GDPR). User data collected through these domains is managed in accordance with the company’s privacy policy.
Dispute Resolution: Any disputes arising from the use of the primary domain or subdomains will be addressed through SantaCruz Foto Lab’s support channels, including email and WhatsApp.
Termination of Access: SantaCruz Foto Lab reserves the right to terminate access to the primary domain or subdomains for users who violate the terms of use.
Contact Information: For any issues or assistance related to the primary domain or subdomains, users may contact SantaCruz Foto Lab at:
1.1 The photos offered for sale depict clients participating in surf lessons organized by local surf schools in Tenerife, Santa Cruz, Spain.
1.2 All photos are high-quality, professionally edited, and available in digital format.
1.3 Photos are previewed with watermarks on the website and subdomains, and delivered in high resolution without watermarks upon purchase.
1.4 Photos are taken with the prior consent of clients, obtained during their surf lesson registration process.
2.1 The target audience comprises individuals participating in surf lessons organized by local surf schools in Tenerife, Santa Cruz, Spain.
2.2 The service is specifically tailored to surf enthusiasts who wish to capture and preserve their surfing experiences.
3.1 Each photo is priced at €8.
3.2 Discounts are applied at checkout for larger cart quantities, with details of such discounts displayed on the website.
3.3 Payments are processed securely through PayPal and Stripe.
3.4 All payments are final and non-refundable, except in specific cases outlined in the refund policy.
4.1 Photos are available for preview and purchase on the main website and its subdomains.
4.2 Purchased photos are delivered as high-resolution digital downloads.
4.3 Photos remain available online for a maximum of four weeks from the date of upload, after which they are removed.
5.1 Customer support is available to address technical issues related to photo downloads.
5.2 Clients can contact the support team via the WhatsApp button on the website or by emailing info@santacruzfotolab.com.
6.1 The business model complies with European consumer protection laws, particularly those governing digital goods and services.
6.2 All operations are conducted in accordance with the laws of Spain, Tenerife, Santa Cruz.
7.1 Photos are taken with the explicit consent of clients and are intended for personal or public use, excluding unauthorized use of watermarked images.
7.2 Clients may request the removal of specific photos for personal reasons by contacting info@santacruzfotolab.com.
1.1 User registration is required to facilitate the purchase and secure download of photographs.
1.2 Registration ensures secure transactions and enables personalized customer support.
2.1 The following information is mandatory for registration:
2.2 Optional information, such as a phone number, may be provided to enhance customer support.
3.1 The collected information will be used as follows:
3.2 Data will not be shared with third parties except for trusted partners, such as payment processors, to facilitate transactions.
4.1 Advanced security measures, including encryption and secure servers, are implemented to protect user data.
4.2 Passwords are stored in encrypted form and cannot be accessed by SantaCruz Foto Lab.
5.1 Users must provide accurate and up-to-date information during registration.
5.2 Users are responsible for maintaining the confidentiality of their account credentials and for all activities conducted under their account.
6.1 Users may update or delete their account information through their account settings or by contacting customer support at info@santacruzfotolab.com.
6.2 SantaCruz Foto Lab reserves the right to terminate accounts in cases of misuse or violation of the terms and conditions.
7.1 SantaCruz Foto Lab complies with GDPR regulations, ensuring user rights to access, correct, or delete their personal data.
7.2 Users can exercise these rights by contacting info@santacruzfotolab.com.
7.3 For detailed information on data handling, users are encouraged to review the Privacy Policy.
8.1 During registration, users must agree to the Terms and Conditions and Privacy Policy by providing explicit consent through a checkbox or similar mechanism.
9.1 Users must be at least 16 years old to register, in compliance with GDPR and to ensure appropriate use of the platform.
10.1 Users may opt-in or opt-out of receiving marketing communications during the registration process.
11.1 User data will be retained until the account is deleted or as required by applicable laws.
12.1 Users may contact customer support via WhatsApp or email at info@santacruzfotolab.com for any issues related to their account or the registration process.
1.1 Payments for services provided by SantaCruz Foto Lab are processed exclusively through PayPal and Stripe, both of which are globally recognized and secure payment platforms.
1.2 All transactions are conducted in Euros (€).
1.3 Upon successful payment, customers will receive an email confirmation detailing their purchase.
2.1 All sales are final and non-refundable due to the nature of digital goods.
2.2 Refunds will only be issued in the following exceptional cases:
2.3 To request a refund in the above cases, customers must:
2.4 Approved refunds will be processed within 14 business days.
3.1 All transactions are encrypted using SSL (Secure Socket Layer) technology to ensure the protection of sensitive information.
3.2 Payments are processed through PayPal and Stripe, which comply with PCI DSS (Payment Card Industry Data Security Standard).
3.3 SantaCruz Foto Lab does not store customers’ payment details on its servers. Payment information is securely handled by the payment processors.
3.4 Transactions are monitored for fraudulent activity, and any suspicious transactions may be flagged or canceled.
4.1 Customers are responsible for providing accurate payment and contact information during the checkout process.
4.2 For any payment-related issues, customers are encouraged to contact the support team via email at info@santacruzfotolab.com or through the WhatsApp button on the website before initiating a dispute with the payment processor.
5.1 All payment processing activities comply with the General Data Protection Regulation (GDPR) and other applicable European laws.
5.2 Any disputes or legal matters related to payment processing are governed by the laws of Spain, Tenerife, Santa Cruz.
1.1 All photographs captured during surf lessons are the exclusive property of SantaCruz Foto Lab until purchased by the client.
1.2 Ownership includes all intellectual property rights as defined under applicable European and Spanish laws.
2.1 Upon purchase, clients are granted a non-exclusive, royalty-free, perpetual license to use the photos for personal and public purposes, including but not limited to social media, printing, and sharing.
2.2 The license does not transfer ownership of the photos to the client. SantaCruz Foto Lab retains all intellectual property rights over the photos.
3.1 Photos with visible watermarks are strictly for preview purposes and cannot be used, published, or shared in any form.
3.2 Purchased photos may not be resold, redistributed, or used for commercial purposes without prior written consent from SantaCruz Foto Lab.
3.3 Any unauthorized use of photos will result in legal action under applicable intellectual property laws.
4.1 All photos are taken with prior consent obtained during the registration process for surf lessons.
4.2 This consent includes the right for SantaCruz Foto Lab to capture, edit, and publish photos on its website and subdomains for preview and purchase.
5.1 Clients may request the removal of specific photos for personal reasons by contacting info@santacruzfotolab.com.
5.2 SantaCruz Foto Lab will review and process removal requests within a reasonable timeframe.
6.1 Photos will be available online for a maximum of four weeks from the date of publication. After this period, they will be removed from the website and subdomains.
7.1 This clause is governed by European and Spanish intellectual property laws, which protect SantaCruz Foto Lab’s rights over all photos.
8.1 Any disputes regarding photo ownership or usage will be resolved under the laws of Spain, Tenerife, Santa Cruz.
9.1 By purchasing photos, clients acknowledge and agree to the terms outlined in this Content Ownership clause.
1.1 Personal Data: SantaCruz Foto Lab collects the following personal data from users:
1.2 Non-Personal Data: The following non-personal data is collected to improve services and ensure security:
1.3 Purpose of Collection:
1.4 Consent: Data is collected only with the user’s explicit consent, obtained during registration or purchase.
2.1 Storage Location: All user data is stored on secure servers located within the European Union, in compliance with GDPR.
2.2 Security Measures:
2.3 Data Retention:
3.1 No Sale of Data: SantaCruz Foto Lab does not sell, trade, or rent personal data to third parties.
3.2 Trusted Partners:
3.3 Legal Obligations: Data may be shared if required by law or to protect SantaCruz Foto Lab’s legal rights.
3.4 Anonymized Data: Aggregated and anonymized data may be shared for analytics or marketing purposes without identifying individual users.
4.1 Access and Correction: Users may request access to their personal data and correct inaccuracies by contacting info@santacruzfotolab.com.
4.2 Deletion and Portability: Users may request the deletion of their data or its transfer to another service provider.
4.3 Withdrawal of Consent: Users may withdraw consent for data processing at any time, though this may limit access to certain services.
4.4 Complaint Mechanism: Users may lodge complaints with the relevant data protection authority in Spain if they believe their rights have been violated.
5.1 Types of Cookies: Cookies are used for essential website functions (e.g., login, cart functionality) and analytics.
5.2 User Control: Users can manage cookie preferences through browser settings or the cookie consent banner on the website.
5.3 Third-Party Cookies: Third-party cookies, such as those from Google Analytics, are used for analytics purposes. Links to their privacy policies are provided for transparency.
6.1 Privacy Policy Updates: SantaCruz Foto Lab reserves the right to update this Privacy Policy. Changes will be communicated via the website.
6.2 Consent Mechanism: User consent for data collection and processing is obtained through clear, affirmative actions, such as checkboxes during registration or purchase.
6.3 Contact Information: For privacy-related inquiries, users may contact info@santacruzfotolab.com.
7.1 SantaCruz Foto Lab affirms compliance with GDPR and other applicable data protection laws.
7.2 Users may contact the Data Protection Officer (DPO) at info@santacruzfotolab.com for further assistance.
1.1 Customers must first attempt to resolve any disputes by contacting SantaCruz Foto Lab through the following methods:
1.2 Customers are required to provide the following details when raising a dispute:
1.3 SantaCruz Foto Lab will acknowledge receipt of the dispute and respond within seven (7) business days.
2.1 If the dispute cannot be resolved informally, either party may initiate mediation within thirty (30) days of the informal resolution attempt.
2.2 Mediation will be conducted by a neutral third party agreed upon by both SantaCruz Foto Lab and the customer.
2.3 The costs of mediation will be shared equally between the parties.
3.1 If mediation fails, disputes involving amounts exceeding fifty euros (€50) may proceed to binding arbitration.
3.2 Arbitration will be conducted in accordance with Spanish arbitration laws.
3.3 The decision of the arbitrator will be final and binding on both parties.
4.1 Frivolous or malicious claims are excluded from the dispute resolution process.
4.2 Disputes related to unauthorized payments or technical issues with photo downloads are eligible for resolution.
5.1 All disputes will be governed by the laws of Spain.
5.2 Unresolved disputes will be handled exclusively in the courts of Tenerife, Santa Cruz, Spain.
6.1 Customers must initiate disputes within sixty (60) days of the issue arising.
6.2 Failure to follow the dispute resolution process may result in dismissal of the claim.
7.1 SantaCruz Foto Lab commits to transparency and fair treatment during the dispute resolution process.
7.2 Customers will receive regular updates on the status of their dispute.
8.1 Legal action may only be pursued after all other dispute resolution steps have been exhausted.
8.2 SantaCruz Foto Lab’s liability is limited to the value of the disputed transaction.
Applicable Law: These Terms and Conditions, including all matters relating to the use of the website, subdomains, and services provided by SantaCruz Foto Lab, shall be governed by and construed in accordance with the laws of Spain.
Jurisdiction: Any disputes arising under or in connection with these Terms and Conditions, or the use of the website, subdomains, and services, shall be subject to the exclusive jurisdiction of the courts of Tenerife, Santa Cruz.
Scope of Application: This clause applies to all users of the website and subdomains, regardless of their location, and covers all services provided by SantaCruz Foto Lab.
Compliance with EU Laws: SantaCruz Foto Lab operates in compliance with European Union laws, including the General Data Protection Regulation (GDPR), ensuring the protection of user data and consumer rights.
Scope of Termination: This Termination Policy applies to user accounts and access to services provided on santacruzfotolab.com and its subdomains, including but not limited to ikaika.santacruzfotolab.com, k16.santacruzfotolab.com, kontraola.santacruzfotolab.com, and friends.santacruzfotolab.com.
2.1 Unauthorized Use of Photos: User accounts may be terminated if users download, share, or publish watermarked photos without purchase or prior consent.
2.2 Fraudulent Activities: Accounts involved in fraudulent payment activities, such as chargebacks or unauthorized transactions, will be terminated.
2.3 Violation of Terms: Accounts may be terminated for breaching the Terms and Conditions, including misuse of the platform or attempts to bypass payment systems.
2.4 Abuse of Support Services: Accounts may be terminated if users engage in abusive, threatening, or inappropriate behavior towards customer support staff.
2.5 Non-Compliance with Legal Obligations: Accounts failing to comply with applicable laws, including GDPR and intellectual property laws, may be terminated.
3.1 Notification: Users will receive written notice via email detailing the reason for termination, except in cases of severe violations.
3.2 Immediate Termination: In cases of severe violations, such as fraud or illegal activities, SantaCruz Foto Lab reserves the right to terminate accounts immediately without prior notice.
3.3 Appeal Process: Users may appeal the termination decision by contacting info@santacruzfotolab.com within seven (7) days of receiving the termination notice.
4.1 Access Revocation: Terminated accounts will lose access to all purchased photos and services provided by SantaCruz Foto Lab.
4.2 Data Deletion: Personal data associated with terminated accounts will be deleted in compliance with GDPR, except where retention is required by law.
4.3 No Refunds: No refunds will be issued for terminated accounts, except in cases explicitly outlined in the Refund Policy.
Users whose accounts have been terminated are prohibited from creating new accounts without prior written consent from SantaCruz Foto Lab.
SantaCruz Foto Lab reserves the right to terminate accounts or services at its sole discretion, provided such actions comply with applicable laws.
This Termination Policy is governed by European law, specifically the laws of Spain, Tenerife, Santa Cruz.
This Termination Policy is made available on santacruzfotolab.com and its subdomains to ensure users are aware of the conditions.
Purpose: Users may contact SantaCruz Foto Lab for support, inquiries, or issues related to the services provided, including technical assistance, photo removal requests, or other service-related concerns.
Email:
Phone:
WhatsApp:
Data Privacy and Security: Any personal data shared during communication will be handled securely and in compliance with GDPR regulations. The data will only be used to address the specific issue or inquiry.
Limitations on Use: The provided contact methods are strictly for service-related inquiries. Spam, unrelated inquiries, or abusive communication will not be tolerated and may result in the user being blocked from further contact.
Language of Communication: SantaCruz Foto Lab accepts communication in Spanish and English.
Disclaimer: SantaCruz Foto Lab is not responsible for delays in response due to high inquiry volumes or technical issues.
Updates to Contact Information: SantaCruz Foto Lab reserves the right to update contact details. Users should refer to the website for the most current information.
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