Website Terms of Use, Service Terms & Conditions, and Privacy Policy

Glossary — Key Terms Explained

Part A — Website Terms of Use

These Terms govern your access to and use of our website (the "Site"). By using the Site, you agree to these Terms.

1. Who we are

Ember Media is a sole-proprietor media business based in Singapore. References to "we", "us" or "our" mean this business. References to "you" or "your" mean any person accessing or using the Site.

2. Acceptance and changes

We may change these Terms at any time by posting an updated version on the Site. Your continued use of the Site after changes are posted constitutes your acceptance.

3. Access and acceptable use

1. You are responsible for all access to the Site made using your internet connection, device, or account.
2. You must not use the Site for any unlawful purpose, transmit malware, attempt to gain unauthorised access, harvest data, or interfere with security, hosting or network services.
3. You must not copy, frame, mirror, scrape, reproduce, modify, distribute, or build a database from the Site (including images, text and layout) without our prior written permission, except for normal personal browsing.
4. You must not use any automated system (including robots, spiders or offline readers) to access the Site in a manner that sends more request messages than a human can reasonably produce.

4. Intellectual property

All content on the Site (including images, text, logos and layouts) is owned by us or our licensors and is protected by copyright and other intellectual property rights. We grant you a limited, revocable, non-exclusive licence to view the Site on your personal device for your own non-commercial use only.

You may not remove any copyright or proprietary notices, or use our content for training AI models, data mining or any competing service, without our prior written consent.

5. Third-party links

Links to other websites are provided for convenience only. We do not endorse and are not responsible for third-party sites or their content, products or services. You access them at your own risk.

6. Disclaimers and limitation of liability

1. The Site (including all content) is provided on an "as is" and "as available" basis. To the fullest extent permitted by law, we exclude all warranties, representations or guarantees (express or implied) relating to the Site, including accuracy, completeness, availability, non-infringement, or fitness for a particular purpose.
2. To the fullest extent permitted by law, we are not liable for:
   • loss of profit, revenue, business, contracts, goodwill, or anticipated savings;
   • loss or corruption of data; or
   • any indirect, consequential, or special loss arising out of or in connection with your use of (or inability to use) the Site.
3. In any event, our total aggregate liability arising from or in connection with the Site (whether in contract, tort, negligence or otherwise) is limited to SGD 100.
4. Nothing in these Terms limits or excludes liability that cannot be limited or excluded under Singapore law.

7. Suspension / termination

We may suspend or terminate your access to the Site at any time, with or without notice, if we reasonably believe you have breached these Terms or for any other operational or security reason.

8. Governing law and jurisdiction

These Terms are governed by Singapore law. The courts of Singapore have non-exclusive jurisdiction in relation to any dispute. However, we may bring proceedings in any jurisdiction where you are resident or where a breach occurs.

Part B — Service Terms & Conditions (Photo / Video Services)

These Service Terms apply to all quotations, bookings and media services provided by us. By confirming a booking, paying any retainer, or instructing us to proceed, you agree to these Terms.

1. Definitions and scope

In these Terms:

• "Client" means the person or entity commissioning the Services.
• "Services" means photography, videography, editing and related services described in our quotation or invoice.
• "Deliverables" means the final edited photos, videos or other content supplied under the Services.
• "Event Date(s)" includes wedding dates, event dates, shoot dates and any scheduled sessions.

These Terms, together with our quotation/invoice and any agreed written variations, form the entire agreement between you and us for the relevant engagement.

2. Quotations, scope and booking

1. Quotations state the Services, coverage hours, crew size, deliverables, and any anticipated expenses. Quotations are typically valid for 14 days unless otherwise stated.
2. Variations after acceptance (for example extra hours, locations, deliverables or scope changes) will be separately quoted and provided only once agreed in writing (including email or WhatsApp confirmation).
3. Contract formation: A binding contract is formed when:
   • We issue you a written quotation
   • You accept it in writing (email confirmation is sufficient)
   • You pay the 50% non-refundable retainer
   Until all three conditions are met, either party may withdraw without obligation. Enquiries alone do not create a binding contract.
4. The retainer is non-refundable because it secures your date exclusively, meaning we turn away other bookings and reserve that time for you.
5. The remaining balance is due as stated on the invoice, and in any case no later than on, or immediately after, delivery of the Deliverables, unless otherwise agreed in writing (for example for corporate clients with approved payment terms).
6. We reserve the right to withhold Deliverables and suspend licences to use them until all sums due (including late payment interest and agreed extras) are received in full.
7. All fees are quoted and payable in Singapore Dollars (SGD) unless otherwise stated. Any applicable taxes or government charges will be set out on your invoice.
8. Accepted payment methods (for example PayNow, bank transfer or card payment) will be indicated on your invoice or in our booking email. You are responsible for any bank charges or foreign exchange fees applied by your payment provider.
9. Unless explicitly stated as a fixed package booking, prices and inclusions may be updated from time to time. Once your booking is confirmed with a retainer and written acceptance, your agreed price will not change except where you request variations to the scope or incur additional expenses.
10. If you ask us to split an invoice between multiple payers, we may charge a small administrative fee and will treat the person making the booking as primarily responsible for any unpaid amounts.
11. Where your employer or any third party has agreed to pay some or all of our fees but fails to do so, you (as the Client) remain ultimately responsible for payment of all sums due.

3. Client responsibilities and cooperation

1. You are responsible for:
   • providing accurate event details, schedules and contact information;
   • ensuring we have access to locations and any required passes/permits (unless we have expressly agreed to obtain these);
   • obtaining any necessary permissions from venues, officiants, or relevant authorities;
   • informing us of any important moments, people, or cultural/religious requirements.
2. You must designate a primary contact person on the Event Date to assist with group photos, timings and coordination where needed.
3. For weddings and events, we will make reasonable efforts to capture key moments, but we cannot guarantee coverage of every individual or moment. Missed shots due to late running, crowding, non-cooperation, movement restrictions, or other factors beyond our control are not our responsibility.
4. You warrant that:
   • all materials you provide (for example logos, music, scripts) do not infringe third-party rights; and
   • you have obtained all necessary consents from individuals and venues whose images or property may appear in the Deliverables.
5. Model releases for commercial work: For corporate and brand clients, you must ensure written model releases or appearance consents are obtained from all identifiable individuals before the shoot. We can provide a standard template. Where releases are not obtained, usage may be limited to non-commercial purposes or internal use only.
6. You agree to indemnify us against any claims or losses arising from your breach of these warranties.

4. Rescheduling, lateness and cancellation

1. Reasonable rescheduling is subject to our availability. We may charge a reasonable rescheduling fee (for example to cover lost bookings or additional administration) which will be notified in advance.
2. If the Client or key participants are late, coverage will continue within the original scheduled time where possible; extensions may require overtime fees at our prevailing rates.
3. Client cancellation:
   • More than 30 days before the Event Date: retainer is forfeited; any additional payments received are refunded.
   • 30 days or less before the Event Date: 100% of the agreed fee is payable (less any unincurred third-party costs).
4. If we cancel due to reasons within our control (excluding force majeure), we will:
   • Use reasonable efforts to arrange a suitable replacement photographer of comparable skill and style, subject to your approval; or
   • Refund all amounts paid in full.
   We are not liable for any consequential losses, including but not limited to costs of rebooking, venue deposits, or lost opportunities.
5. Force majeure: If we cannot perform due to events beyond our reasonable control, we may arrange a substitute crew of similar skill where possible, or refund amounts paid for the affected Services (less work already performed). We are not liable for any further loss, costs or damages.

   Force majeure events include but are not limited to: illness (including COVID-19 or infectious disease), accident, severe weather, natural disasters, government restrictions or lockdowns, venue closure, transport failures, and acts of terrorism.

   If a force majeure event affects the Client's event, we will work with you to reschedule where possible, but the retainer remains non-refundable unless we cannot provide the Services on any mutually agreed alternative date within 6 months.

6. Backup photographer: In the unlikely event of emergency illness or injury, we will use reasonable efforts to provide a replacement photographer of similar skill and style. If we cannot do so, this will be treated as a force majeure event per Section 4.5.

5. Overtime, expenses and third-party costs

1. Overtime is billed in hourly blocks at our prevailing rates per crew member, rounded up to the nearest hour, unless otherwise agreed.
2. Reasonable out-of-pocket expenses (for example parking, tolls, permits, special equipment rental) will be billed at cost, with receipts available on request.
3. Where third-party services (for example additional videographers, live-stream operators, hair/makeup, musicians) are booked through or recommended by us, they remain independent contractors. We are not liable for their acts or omissions, and your remedies lie directly against those third parties.

6. Creative discretion, style and venue rules

1. Our creative approach, style, selection and editing of images and footage are at our professional discretion. You acknowledge that you have reviewed our portfolio and are satisfied our style is suitable.
2. We cannot guarantee specific shots, compositions, or outcomes, even if requested.
3. Venue or officiant restrictions may limit our movement, angles, lighting or use of equipment (including flash and drones). Such restrictions may affect the final Deliverables and are not our responsibility.
4. We may decline to follow any instructions that, in our professional judgement, would compromise safety, break laws or regulations, or unreasonably risk equipment.
5. Weather and outdoor shoots: For outdoor shoots:
   • We will monitor weather forecasts and advise if conditions may affect the planned shoot
   • If weather conditions on the day make it unsafe or impractical to shoot (in our reasonable opinion), we may propose rescheduling; this is not a cancellation
   • If you choose to proceed despite our advice, we are not responsible for quality limitations
   • No refund applies if the Client cancels due to weather concerns
6. Drone and aerial photography: Where drone or aerial photography is requested:
   • Services are subject to CAA regulations, weather conditions, and airspace restrictions
   • We will obtain necessary permits where we have expressly agreed to do so
   • Venue or location restrictions may prohibit drone use
   • No refund or reduction applies if drone footage cannot be captured due to regulatory, weather, or safety reasons
   • You warrant that you have obtained any required venue permissions for drone use and will indemnify us against any claims

7. Deliverables, revisions and timelines

1. Indicative timelines (subject to workload and scope):
   • Weddings: previews within approximately 48 hours; full gallery within approximately 10–14 days.
   • Corporate or private events: approximately 3–7 days.
   • Real-estate: approximately 48–72 hours.
2. These timeframes may extend during peak periods, for large or complex projects, or if the scope changes. We will keep you reasonably informed of any significant delay.
3. Unless otherwise agreed in writing, we do not guarantee a specific number of images or minutes of footage; any figures stated are estimates only.
4. RAW files or unedited footage are not supplied unless specifically purchased and priced in the quotation.
5. Revision policy: Unless otherwise stated in the quotation, one revision round is included for video deliverables, comprising:
   • Text/title corrections (up to 3 changes)
   • Simple shot swaps (up to 2 swaps)
   • Minor timing adjustments (up to 5 minutes total)
   • Color/exposure tweaks (up to 3 shots)
   Major revisions (re-edits, music changes, structural changes, additional footage requests) are chargeable at our standard editing rates.
6. File delivery format: Deliverables will be provided via:
   • Online gallery (high-resolution download)
   • Digital files in JPEG format (photos) and MP4/MOV format (video)
   • Optional USB drive or physical prints at additional cost
   • Files will remain accessible for download for 90 days after delivery
7. Acceptance period: Any claims regarding quality or missing coverage must be raised within 30 days of delivery. After this period, the Deliverables are deemed accepted.

8. Intellectual property and usage licences

1. We retain all copyright and intellectual property rights in the footage, edits, and Deliverables, except where otherwise agreed in writing.
2. Private (non-business) clients are granted a perpetual, non-exclusive licence to use the Deliverables for personal, non-commercial purposes (for example viewing, printing, personal social media sharing), with credit to "Ember Media" where practicable.
3. Business or brand clients receive a licence as described in the quotation (including channels, territory and duration). Use outside those terms requires an additional licence and fee.
4. You must not sell, sub-licence, commercially redistribute, submit to competitions, stock libraries, or use the Deliverables as part of any resale service without our prior written agreement.
5. All licences are conditional on full payment of all fees and expenses. Until then, any use is unauthorised and may be treated as copyright infringement.
6. We reserve the right to use the Deliverables and behind-the-scenes footage to create derivative works (for example compilations, showreels) in accordance with clause 9 (Portfolio and publicity).

9. Portfolio and publicity (opt-out available)

1. We may showcase selected images and clips in our portfolio, website, social media, printed materials and showreels for self-promotion.
2. Private clients may opt out of public use of their images by notifying us in writing before the shoot. This may incur a reasonable fee to compensate for loss of portfolio value, which will be stated where applicable.
3. For corporate and brand clients, we may name your organisation and use extracts of the Deliverables for our own marketing unless you expressly request confidentiality in writing before the project commences.
4. Social media tagging: When we share your Deliverables on social media, we may tag your account (where provided). You may request untagging at any time. Similarly, when you share our work, we appreciate being tagged or credited as '@embermedia.sg' or 'Photography by Ember Media'.

10. Data handling, backups and loss

1. Where practicable, we use dual-card recording or on-site backup, followed by multiple copies after the shoot.
2. We carry backup equipment to all shoots. If equipment failure occurs and backup equipment also fails (extremely rare), we will continue with available equipment. Any reduction in service will be addressed with a partial refund proportionate to the affected coverage.
3. Our liability for loss, corruption or damage of image or video files (whether due to equipment failure, theft, accident or otherwise) is strictly limited to:
   • a re-shoot of the affected portion of the Services (where feasible); or
   • a refund of fees paid for the affected portion of the Services,
   at our discretion. We are not liable for any further loss, including emotional distress, consequential loss, or loss of opportunity.

11. Warranties, limitation of liability and indemnity

1. We warrant that we will perform the Services with reasonable care and skill in line with industry practice.
2. To the fullest extent permitted by law:
   • we exclude all other warranties, conditions or representations (express or implied) relating to the Services; and
   • we are not liable for indirect, special or consequential loss, or loss of profit, revenue, business, contracts or anticipated savings, even if foreseeable.
3. Our total aggregate liability arising out of or in connection with any engagement (whether in contract, tort, negligence or otherwise) is limited to the total fees actually paid by you for the affected engagement.
4. You agree to indemnify us, our crew and subcontractors against any third-party claims, losses, damages, liabilities, costs and expenses (including reasonable legal fees) arising from:
   • your instructions or requirements;
   • your breach of these Terms; or
   • any materials or permissions you were responsible for (for example copyright-cleared music, logos, venue consents, model releases).

12. Health, safety and conduct

1. If at any time we reasonably consider that a location, activity or behaviour is unsafe, unlawful, or likely to cause damage to persons or equipment, we may suspend or stop the Services.
2. We are not obliged to continue working in circumstances involving aggressive, abusive or threatening behaviour towards us or our crew. In such cases, all amounts due remain payable and no refund is owed.

13. Subcontractors and assistants

We may engage trusted assistants, second shooters or subcontractors to perform parts of the Services, while remaining responsible for overall delivery. You consent to us doing so.

14. Payments, late payment and recovery

1. Invoices are payable by the due date stated. If no date is stated, payment is due within 7 calendar days of invoice.
2. We may charge late-payment interest on unpaid sums at 1.5% per month (or the maximum lawful rate, if lower), accruing daily until payment is received in full.
3. You agree to pay all reasonable costs of debt collection (including legal fees on a solicitor-and-client basis) incurred in recovering overdue amounts.
4. You must not withhold or set off any amounts against our invoices, except to the extent you have a legal right to do so which cannot be excluded by agreement.
5. If you believe an invoice is incorrect, you must notify us in writing as soon as reasonably practicable and no later than 7 calendar days after receipt. We will review and discuss in good faith. Any undisputed portion remains payable by the due date.
6. Where payments are reversed or charged back without a valid reason (for example through a card chargeback after Services have been performed), we may treat this as non-payment and pursue the outstanding sums and any associated bank or processing fees.

15. Insurance

We maintain professional indemnity and public liability insurance. Details are available on request. You are responsible for ensuring your own insurance covers your event, guests, and property.

16. Dispute resolution

1. Before commencing any legal proceedings, parties agree to attempt resolution through good faith negotiation for 14 days.
2. If unsuccessful, parties may jointly refer the matter to the Singapore Mediation Centre.
3. For disputes not exceeding SGD 20,000, either party may elect to have the dispute heard by the Small Claims Tribunals, in which case the decision will be final and binding.

17. General

1. These Terms and the quotation/invoice constitute the entire agreement between us for the relevant Services and supersede any prior discussions, negotiations, representations, or agreements. Any prior brochures, portfolios, or marketing materials are for illustration only and do not form part of this contract.
2. If any provision is held invalid or unenforceable, the remaining provisions remain in full force.
3. No variation is effective unless in writing (including email) and agreed by both parties.
4. We act at all times as an independent contractor; nothing creates a partnership, joint venture, or employment relationship between us.
5. You may not assign or transfer your rights or obligations under this agreement without our prior written consent. We may assign this agreement to a successor business or entity.
6. Our failure to enforce any provision does not constitute a waiver of that provision or any other provision.
7. All notices must be in writing and sent to the email addresses or postal addresses specified in the quotation or invoice. Notices sent by email are deemed received when sent (unless you receive a delivery failure notification).
8. Both parties will act in good faith and cooperate reasonably to fulfill the purposes of this agreement.
9. These Service Terms are governed by Singapore law, and the courts of Singapore have non-exclusive jurisdiction.

Part C — Privacy Policy (PDPA)

We handle personal data in accordance with the Personal Data Protection Act 2012 (PDPA) of Singapore.

1. Data we collect

We may collect:

1. Identity and contact data (names, contact details, social media handles).
2. Event details (dates, venues, schedules, information about participants).
3. Billing and payment data.
4. Media captured during shoots (photos, videos, audio).
5. Technical and usage data from the Site (IP address, browser type, pages viewed, referrers, timestamps, cookies).
6. Marketing preferences and communications.

2. How we collect data

We collect data through:

1. Direct interactions (enquiries, forms, messages, bookings, payments).
2. Automated technologies (cookies, pixels, server logs).
3. Third-party sources where lawful (for example referrals, social media, publicly available information).

3. Purposes

We use personal data to:

1. Provide, manage and deliver our Services, including planning and conducting shoots, editing and delivering Deliverables.
2. Handle billing, payments, accounting and tax compliance.
3. Provide customer support and manage our relationship with you (for example responding to enquiries, handling feedback).
4. Protect our legal rights and manage disputes.
5. Carry out analytics, security monitoring and service improvements.
6. Use selected images or videos for portfolio and marketing purposes, subject to the opt-out options described in Part B.
7. Send you marketing communications where you have consented or where permitted by law; you may opt out at any time.
8. Contact you after service delivery to request a testimonial or review. You are under no obligation to provide one, and may request anonymization of any testimonial you provide.

4. Consent, withdrawal and access/correction

1. By providing personal data to us (including through the Site, enquiries, or bookings), you consent to our collection, use and disclosure of that data for the purposes described.
2. You may withdraw consent, or request access to or correction of your personal data, by emailing our Data Protection Officer (DPO) at embermedia.sg@gmail.com. We will respond within a reasonable time, in accordance with PDPA.
3. Access requests will be fulfilled within 30 days. We may charge a reasonable administrative fee (not exceeding SGD 50) for complex or repetitive requests, as permitted under PDPA.
4. Withdrawal of consent may affect our ability to provide or continue the Services.

5. Disclosures

We may disclose personal data to:

1. Service providers under confidentiality (for example hosting providers, backup and storage providers, email platforms, payment processors, printing labs, couriers).
2. Subcontractors or second shooters engaged to perform part of the Services.
3. Professional advisers (for example lawyers, accountants) where reasonably required.
4. Regulatory authorities and law-enforcement where required or permitted by law.

6. Cross-border transfers

Where data is transferred, stored or processed outside Singapore (for example using cloud storage or overseas-hosted services), we will take reasonable steps to ensure that the recipient provides a standard of protection comparable to PDPA requirements.

7. Security and retention

1. We implement administrative, technical and physical safeguards appropriate to the sensitivity of the data (for example access controls, encryption where practicable, controlled backups).
2. We retain personal data as follows:
   • Client contact and booking data: 7 years (for accounting and legal purposes)
   • Event and participant data: 2 years after delivery (for enquiries/support)
   • Marketing data: until you opt out or withdraw consent
   • Media files (photos/videos): indefinitely where used in portfolio, otherwise 3 years after delivery
   • Website logs and analytics: 12 months

8. Cookies and tracking

We use cookies, pixels and similar technologies to operate the Site, remember preferences, and measure performance. You may control cookies through your browser settings, but some features may not function properly if cookies are disabled.

We use third-party analytics services (Google Analytics) which may collect data about your website usage. These services have their own privacy policies.

We do not currently respond to 'Do Not Track' signals from browsers. You can manage cookies through your browser settings.

9. Data breach notification

We assess suspected data breaches and, where a notifiable breach occurs, will notify the PDPC and affected individuals in accordance with PDPA requirements.

10. Children

Our Services are not directed at children under 13. If you believe a child has provided us with personal data without parental consent, please contact our DPO so we can review and, where appropriate, delete it.

11. Contact

For any questions or requests concerning personal data, please contact:

Email: embermedia.sg@gmail.com

12. Changes

We may update this Privacy Policy from time to time. The effective date will be indicated at the top of this document. Continued use of the Site or Services after changes indicates your acceptance.