These Payment Terms are incorporated by reference into the Terms of Service and should be read and applied consistently therewith.
Last Updated: June 19, 2017
Terms of Service
These terms and conditions (“Payments Terms”) govern the payment services, including payment collection services, payments and payouts, conducted through or in connection with the Lokalphoto Site, Application or Services (“Payment Services”) that Sunshine Photo Company, LLC (“Lokalphoto”, “we”, “us” or “our”) provides to you in connection with your use of the Lokalphoto Site, Application and/or Services, and constitutes a binding legal agreement between you and Lokalphoto.
YOU ACKNOWLEDGE AND AGREE THAT, BY USING THE PAYMENT SERVICES, YOU ARE INDICATING THAT YOU HAVE READ, AND THAT YOU UNDERSTAND AND AGREE TO BE BOUND BY THESE PAYMENTS TERMS. IF YOU DO NOT AGREE TO THESE PAYMENTS TERMS, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE PAYMENT SERVICES. Failure to use the Payment Services in accordance with these Payments Terms may subject you to civil and criminal penalties. If you accept or agree to these Payments Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Payments Terms and, in such event, “you” and “your” will refer and apply to that company or other legal entity.
The Payment Services are intended solely for persons who are 18 or older. Any use of the Payment Services by anyone under 18 is expressly prohibited. By using the Payment Services you represent and warrant that you are 18 or older.
In order to use the Payment Services, you must first register to create a Lokalphoto Account and become a Member in accordance with the “Account Registration” section of the Lokalphoto Terms. You acknowledge and agree that anyone you authorize to use your Lokalphoto Account may use the Payment Services on your behalf and that you will be responsible for any payments made by such person.
You authorize Lokalphoto, directly or through third parties, to make any inquiries we consider necessary to help verify or check your identity or prevent fraud. This may include asking you to provide a form of government identification (e.g. driver’s license or passport), your date of birth, your address, and other information requiring you to take steps to confirm ownership of your email address, Payment Methods or Payout Methods; or attempting to screen your information against third party databases. You further authorize Lokalphoto (or its affiliate) to request a consumer report on you from a consumer reporting agency. This consumer report will be requested and utilized in compliance with applicable law, including the Fair Credit Reporting Act (U.S.). Lokalphoto reserves the right to close, suspend, or limit access to the Payment Services in the event we are unable to obtain or verify any of this information.
Financial Terms for Bookings
“Payment Method” means a payment method that you have added to your Lokalphoto Account, such as a credit card, debit card or PayPal.
“Payout Method” means a payout method that you have added to your Lokalphoto Account, such as PayPal, direct deposit or electronic funds transfer, a prepaid card or a debit card (where available).
Financial Terms for Photographers regarding Bookings
If, as a Photographer, you are unable to confirm or decide to reject a Booking request within the Booking Request Period, any amounts collected by Lokalphoto for the requested Booking will be refunded to the applicable Client’s Payment Method and any pre-authorization of such Payment Method will be released.
Lokalphoto will collect the Total Fees from each Client upon the Photographer’s confirmation of the Booking. Lokalphoto will initiate payment of the Photography Service Fees (less Lokalphoto’s Photographer Fees and any Taxes in respect of the Photographer Fees), to the Photographer in most cases within 48 hours of the delivery of the photographs through the Lokalphoto Gallery. If the Photographer elects to use a third party gallery to deliver photographs to clients, the Client must first confirm delivery of the photographs for payment to be initiated.
The time it takes for the Photographer to receive payouts once released by Lokalphoto may depend upon the Payout Method chosen by the Photographer. Some Payout Methods involve the use of third-party payment processors, who may impose their own additional charges for the use of their services on the Photographer, including by deducting their charges from the payout amount.
If you owe or agree to pay any amount via Lokalphoto to Lokalphoto (whether as a result of your Bookings or actions as a Client or otherwise), then Lokalphoto may (but is not obliged to) withhold the amount owing to Lokalphoto from any payout amounts due to you as a Photographer, and use the withheld amount to offset the amount owed by you to Lokalphoto. If Lokalphoto does so, then your obligation to pay Lokalphoto will be extinguished to the extent of the amount withheld by Lokalphoto, and Lokalphoto will cease to owe to you any obligations (including, but not limited to, any obligation to pay you) with respect to the amount withheld. In addition to the amount due, if your account is delinquent or you otherwise have chargebacks on your account, you may be charged fees that are incidental to our collection of these delinquent amounts and chargebacks. Such fees or charges may include collection fees, convenience fees, or other third party charges. You hereby explicitly agree that all communication in relation to delinquent accounts will be made by electronic mail or by phone, as provided to Lokalphoto and/or Lokalphoto by you. Such communication may be made by Lokalphoto or by anyone on their behalf, including but not limited to a third party collection agent.
Appointment of Lokalphoto as Limited Payment Collection Agent for Photographer
Financial Terms for Clients regarding Bookings
You acknowledge and agree that, notwithstanding the fact that Lokalphoto is not a party to the agreement between you and the Photographer, Lokalphoto acts as the Photographer’s payment collection agent for the limited purpose of accepting payments from you on behalf of the Photographer. Upon your payment of the Total Fees to Lokalphoto, your payment obligation to the Photographer for the Lokalphoto Fees is extinguished, and Lokalphoto is responsible for remitting the Photography Services Fees (less the Photographer Fees and any Taxes in respect of the Photographer Fees), in the manner described in these Payments Terms. In the event that Lokalphoto does not remit any such amounts as described in these Payments Terms, such Photographer will have recourse only against such Lokalphoto entity.
You as a Client agree that Lokalphoto may charge your Payment Method the Total Fees for any Booking requested in connection with your Lokalphoto Account. In order to establish a Booking pending the applicable Photographer’s confirmation of your requested Booking, you understand and agree that Lokalphoto, on behalf of the Photographer, reserves the right, in its sole discretion, to (i) obtain a pre-authorization via your Payment Method for the Total Fees or (ii) charge your Payment Method a nominal amount, not to exceed one dollar ($1) to verify your Payment Method. As a general rule, Lokalphoto will collect the Total Fees due once Lokalphoto receives confirmation of your Booking from the applicable Photographer In instances in which Lokalphoto is unable to collect Total Fees in the ordinary course, Lokalphoto may elect to collect Total Fees at a later point in time. Once the payment transaction for your requested Booking is successfully completed you will receive a confirmation email summarizing your confirmed Booking.
If a requested Booking is cancelled (i.e. not confirmed by the applicable Photographer), any amounts collected by Lokalphoto will be refunded to such Client, depending on the selections the Client makes via the Site and Application, and any pre-authorization of such Client’s Payment Method will be released, if applicable. The timing to receive such refund or for a pre-authorization to be released will be determined based on the Payment Method used and any applicable payment system (e.g., Visa, MasterCard, etc.) rules.
In connection with your requested Booking, you will be asked to provide customary billing information such as name, billing address and Payment Method information either to Lokalphoto or its third-party payment processor(s). You agree to pay Lokalphoto for any confirmed Bookings made in connection with your Lokalphoto Account in accordance with these Payments Terms by one of the methods supported by the Site or Application (e.g. by PayPal, credit card or debit card). You hereby authorize the collection of such amounts by charging the Payment Method provided as part of requesting the Booking, either directly by Lokalphoto or indirectly, via a third-party online payment processor or by one of the payment methods described on the Site or Application.
If Lokalphoto is unable to collect any amounts you owe for a confirmed Booking or a Damage Claim, Lokalphoto may engage in collection efforts to recover such amounts from you. You hereby explicitly agree that all communication in relation to amounts owed will be made by electronic mail or by phone, as provided to Lokalphoto and/or Lokalphoto by you. Such communication may be made by Lokalphoto, Lokalphoto or by anyone on their behalf, including but not limited to a third party collection agent.
Please note that Lokalphoto cannot control any fees that may be charged to a Client by his or her third-party payment service provider related to Lokalphoto’s collection of the Total Fees, and Lokalphoto disclaims all liability in this regard. Whatever Payment Method you use may be subject to additional terms and conditions imposed by the applicable third-party payment service provider; please review such terms and conditions before using your Payment Method.
Service Fees and Other Fees
Lokalphoto collects the Service Fees charged by Lokalphoto pursuant to the Lokalphoto Terms. Where applicable, Lokalphoto may also charge Taxes in respect of the Photographer Fees and Client Fees. Lokalphoto deducts the Photographer Fees from the Photography Services Fees before remitting the balance to the Photographer as described in these Payments Terms. Client Fees are, as noted above, included in the Total Fees.
Balances will be remitted by Lokalphoto to Photographers via the Payout Method selected by the Photographer in the Photographer’s currency of choice, depending upon the selections the Photographer makes via the Site, Application and Services. Amounts may be rounded up or down as described the “Rounding Off” portion of this Section 6.
More information on Services Fees can be found at www.Lokalphoto.com/help . Except as otherwise provided herein, Service Fees are non-refundable.
General Booking and Financial Terms
Cancellations and Refunds
The following is subject to Section 9.E of the Terms of Service , particularly with respect to late cancellation.
If, as a Client, you cancel your requested Booking before the requested Booking is confirmed by a Photographer, Lokalphoto will cancel any pre-authorization to your Payment Method and/or refund any nominal amounts charged to your Payment Method in connection with the requested Booking within a commercially reasonable time. If, as a Client, you wish to cancel a confirmed Booking made via the Site, Application and Services, either prior to or after arriving for Photography Services, Lokalphoto will refund the Photography Services Fees, Client Fees and any other amounts charged to you only as permitted under the Lokalphoto Terms, , including the terms of the applicable cancellation policy.
If a Photographer cancels a confirmed Booking made via the Site, Application or Services, Lokalphoto will refund the Total Fees for such Booking to the applicable Client within a commercially reasonable time of the cancellation. If the Client requests to book an alternative Listing and the Photographer associated with such alternative Listing confirms the Client’s requested Booking, then Lokalphoto will collect the Total Fees relating to the confirmed Booking for the Photography Services in the alternative Listing, in accordance with these Payments Terms.
If, as a Photographer, you cancel a confirmed Booking, you agree that Lokalphoto may collect any cancellation fees imposed pursuant to the Lokalphoto Terms . Lokalphoto will treat your cancellation as a payment authorization, and Lokalphoto may withhold any cancellation fees from your future payouts or charged to any Payment Method on file in your Lokalphoto Account.
If Lokalphoto decides for any reason that it is necessary or desirable to cancel a confirmed Booking made via the Site, Application and Services, you agree that Lokalphoto and the relevant Client or Photographer will not have any liability for such cancellations or refunds.
If, as a Photographer, your Client disputes the sufficiency of the Photography Services rendered and requests a refund, or Lokalphoto decides that it is necessary to issue a refund to the Client, you agree that in the event you have already been paid, Lokalphoto will be entitled to recover the amount of any such refund from you, including by subtracting such refund amount out from any future Photography Services Fees due to you.
Each Member agrees that Lokalphoto may collect from you any amount paid through the Resolution Center in connection with your Lokalphoto Account by charging the Payment Method associated with the relevant Booking or any other Payment Method on file in your Lokalphoto Account, or by withholding the amount from your future payouts. Lokalphoto will process such payments otherwise in accordance with these Payments Terms.
Each Member collecting payment for services or amenities via the Resolution Center hereby appoints Lokalphoto as that Member’s limited payment collection agent solely for the purpose of accepting funds from another Member for the purchase of services or amenities via the Resolution Center. Each Member agrees that payment made by a purchasing Member via the Resolution Center through Lokalphoto, shall be considered the same as a payment made directly to the Member, and the Member will make the service(s) or amenity(ies) available to the purchasing Member in the agreed-upon manner as if the Member has received the payment. Each Member understands that Lokalphoto accepts payments from purchasing Members as the Member’s limited payment collection agent and that Lokalphoto’s obligation to pay the Member is subject to and conditional upon successful receipt of the associated payments from purchasing Members. Lokalphoto does not guarantee payments to Members for amounts that have not been successfully received by Lokalphoto from purchasing Members. In accepting appointment as the limited payment collection agent of the Member, Lokalphoto assumes no liability for any acts or omissions of the Member.
If you are paying for services or amenities via the Resolution Center, you acknowledge and agree that, notwithstanding the fact that Lokalphoto is not a party to the agreement between you and the Member providing the service(s) or amenity(ies), Lokalphoto acts as the other Member’s payment collection agent for the limited purpose of accepting payments from you on behalf of the Member. Upon your payment of the funds to Lokalphoto, your payment obligation to the Member providing the service(s) or amenity(ies) for the agreed upon amount is extinguished, and Lokalphoto is responsible for remitting the funds, in the manner described in these Payments Terms. In the event that Lokalphoto does not remit any such amounts as described in these Payments Terms, such Member will have recourse only against such Lokalphoto entity.
Lokalphoto may, in its sole discretion, round up or round down amounts that are payable from or to Clients or Photographers to the nearest whole functional base unit in which the currency is denominated (e.g. to the nearest dollar, euro or other supported currency); for example, Lokalphoto will round up an amount of $101.50 to $102.00, and $101.49 to $101.00.
Payment Processing Errors
We will take steps to rectify any payment processing errors that we become aware of. These steps may include crediting or debiting (as appropriate) the same Payout Method or Payment Method used for the original payout to or payment by you, so that you end up receiving or paying the correct amount.
If, as a Client, you owe additional amounts to Lokalphoto due to a Booking Modification, you agree that Lokalphoto may collect such amounts by charging the Payment Method used to make your Booking. If, as a Photographer, you owe Lokalphoto any amounts due to a Booking Modification, you agree that Lokalphoto may collect those amounts pursuant to the “Financial Terms for Photographers regarding Bookings” portion of this Section 6 and as otherwise permitted under these Payments Terms.
Lokalphoto Photo Credits
Lokalphoto Photo Credits may be redeemed for applicable Bookings via the Site, Application and Services. You may only redeem Lokalphoto Photo Credits after the Lokalphoto Photo Credits are reflected in your Lokalphoto Account.
In any jurisdiction in which Lokalphoto facilitates direct Collection and Remittance pursuant to the Lokalphoto Terms , you hereby instruct and authorize Lokalphoto to collect Taxes from Clients on the Photographer’s behalf at the time Photography Service Fees are collected, and to remit such Taxes to the Tax Authority. The amount of Taxes, if any, collected and remitted by Lokalphoto will be visible to and separately stated to both Clients and Photographers on their respective transaction documents. You expressly agree to release, defend, indemnify, and hold Lokalphoto and its affiliates and subsidiaries, and their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, debts, obligations, and expenses, including, without limitation, reasonable legal and/or accounting fees, arising out of or in any way related to Taxes, including, without limitation, the applicability of, calculation, collection or remittance of Taxes in any amount or at all as to your transactions or Photography Services. Photographers and Clients further expressly grant Lokalphoto permission, without further notice, to store, transfer and disclose data and other information relating to them or to their transactions, Bookings, Photography Services and Taxes, including, but not limited to, personally identifiable information such as Photographer or Client’s name, Listing addresses, transaction dates and amounts, tax identification number(s), the amount of taxes collected from Clients or allegedly due, contact information and similar information, to the relevant Tax Authority.
Damage to Photography Equipment and Studios
If (i) you as a Client agree to pay the Photographer in connection with a Damage Claim, or (ii) Lokalphoto determines that you are responsible for damaging a Photography Studio, Photography Equipment, or any personal or other property related to the Photography Services pursuant to the Lokalphoto Terms, Lokalphoto may charge the Payment Method used to make the Booking in order to collect the amount of the Damage. If Lokalphoto is unable to collect from your Payment Method used to make the Booking, you agree that Lokalphoto may charge any other Payment Method on file in your Lokalphoto Account at the time of the Damage Claim.
Lokalphoto also reserves the right to otherwise collect payment from you and pursue any avenues available to Lokalphoto if Lokalphoto determines that you have damaged a Photography Studio, Photography Equipment, or any personal or other property related to the Photography Services. If we are unable to charge a Payment Method on file in your Lokalphoto Account or otherwise collect payment from you, you agree to remit payment for any damage to the Photography Services to the applicable Photographer or to Lokalphoto (if applicable).
Payment Method Information
You authorize Lokalphoto to store your Payment Method information and charge your Payment Method as outlined in these Payments Terms. If your Payment Method’s account information changes (e.g. account number, routing number, expiration date), we may acquire that information from our financial services partner or your bank and update your Payment Method on file in your Lokalphoto Account.
violate any local, state, provincial, national, or other law or regulation, or any order of a court;
use the Payment Services for any commercial or other purposes that are not expressly permitted by these Payments Terms;
use the Payment Services to transmit, distribute, post or submit any information concerning any other person or entity, including without limitation, photographs of others without their permission, personal contact information or credit, debit, calling card or account numbers;
register any Payment Method with your Lokalphoto account that is not yours or you do not have authorization to use;
post, upload, publish, submit or transmit any Content that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading (directly or by omission or failure to update information) or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any other person; or (vii) promotes illegal or harmful activities or substances;
attempt to probe, scan, or test the vulnerability of any Lokalphoto system or network or breach any security or authentication measures;
avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by Lokalphoto or any of Lokalphoto’ providers or any other third party (including another user) to protect the Payment Services;
forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Payment Services to send altered, deceptive or false source-identifying information;
attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Payment Services; or
advocate, encourage, or assist any third party in doing any of the foregoing.
Intellectual Property Ownership and Rights Notice
The Payment Services are protected by copyright, trademark, and other laws of the United States and foreign countries. You acknowledge and agree that the Payment Services, including all associated intellectual property rights, are the exclusive property of Lokalphoto and its licensors. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Payment Services. All trademarks, service marks, logos, trade names, and any other proprietary designations of Lokalphoto or Lokalphoto used on or in connection with the Payment Services are trademarks or registered trademarks of Lokalphoto or Lokalphoto in the United States and abroad. Trademarks, service marks, logos, trade names and any other proprietary designations of third parties used on or in connection with Payment Services are used for identification purposes only and may be the property of their respective owners. As a Photographer, Client or Member, you understand and agree that you are bound by the additional Terms, Guidelines and Policies that apply to your use of the Payment Services.
Additional Products and Terms
Certain Payment Services or new or different products and services offered by Lokalphoto from time to time may have different terms and conditions posted or require you to agree with and accept additional terms and conditions. If additional terms are required for any Payment Service or other product or service, Lokalphoto will provide you those additional terms and conditions at the time the Payment Service or other product or service is offered or made available to you. If there is a conflict between these Payments Terms and terms and conditions posted for a specific Payment Service or other product or service, the latter terms and conditions will take precedence with respect to your use of or access to that Payment Service or other product or service.
We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Payment Services (“Feedback”). You may submit Feedback by emailing us, through the “ Contact ” section of the Lokalphoto Site and Application. You acknowledge and agree that all Feedback you give us will be the sole and exclusive property of Lokalphoto and you hereby irrevocably assign to Lokalphoto and agree to irrevocably assign to Lokalphoto all of your right, title, and interest in and to all Feedback, including without limitation all worldwide patent, copyright, trade secret, moral and other proprietary or intellectual property rights therein, and waive any moral rights you may have in such Feedback. At Lokalphoto’s request and expense, you will execute documents and take such further acts as Lokalphoto may reasonably request to assist Lokalphoto to acquire, perfect, and maintain its intellectual property rights and other legal protections for the Feedback.
We may, in our discretion and without liability to you, with or without cause, with or without prior notice and at any time, decide to limit access to your Lokalphoto Account and any associated Payment Services.