Terms and Conditions
The following terms and conditions apply to all customers of Simon Design, Inc. DBA Simon Retouching. By visiting and using the online services of Simon Retouching, you agree to and accept the following terms and conditions of use and that such terms and conditions will be binding and applicable in any dispute that will arise from the use of Simon Retouching. If you do not accept, please do not use this online service.
Simon Retouching reserves the right to change the terms and conditions of use at any time and to notify you by posting updates on this website.
By agreeing to these terms, the customer agrees to hold harmless and indemnify Simon Retouching, Simon Design, Inc and its affiliates, officers, employees, suppliers, and partners from and against any third party claim.
What We Do
Simon Retouching provides photo retouching services to its customers upon the upload of a file, with specific instructions from its customers. We do our best to follow all appropriate instructions given by the customer, and to resolve any miscommunications. However, we are not responsible for the delay of retouching services as a result of such miscommunications, or of a customer’s inappropriate use or misunderstanding of the website and its services. We are also not responsible for any consequential damages that result or may occur because of a delay.
Payments and Refund Policy
All payments are made through PayPal. Credit card information and customer addresses are not handled by Simon Retouching. Simon Retouching and Simon Design, Inc. are not responsible for any of this information and disclaims all liability or misuse of this information by third parties.
Payment is refundable after the customer has paid for services through PayPal if the proof is not approved. A final retouched file is only made available to the customer once payment has been processed by and received from Paypal. Once the final approved file has been delivered, payment is non-refundable.
All questions, complaints, and edits must be submitted to Simon Retouching before final image is provided.
Customer photos are private and will never be shared to individuals not employed by Simon Retouching without written customer consent. Using photos or testimonials on the Simon Retouching web site will not occur without the customer’s consent. Simon Retouching collects customer email addresses and full names. This information is not shared with or sold to any other entity and is protected from any accidental and inadvertent disclosure to third parties. This information may be saved for email communications and promotions, from which the customer may unsubscribe at any time by choosing “unsubscribe” in any email communication.
Submissions to Simon Retouching should adhere to the following guidelines. Simon Retouching does not comment on or assume responsibility for the content of submissions. Simon Retouching reserves the right to decline a submission and/or refuse service to any customer because of, but not limited to, the following circumstances:
An image that contains abusive, obscene, illegal, or inappropriate content.
An image that does not follow image specification guidelines (i.e. file size) or has flaws that render it unsuitable for retouching (i.e. blurry, severe distortions)
An image that is incompatible with the retouch request, or the retouch request is unable to be performed because it is impracticable. We do our best to clearly explain what we do and cannot do, and reserve the right to refuse a request that is impracticable for a retoucher to execute.
By uploading a photo to be retouched, the customer is hereby representing that the copyrights to photo belong to the customer, or that the customer has the explicit permission of the copyright holder (or legal owner) of the photo, for the photo to be used and altered. Simon Retouching does not accept requests to remove photographer logos, watermarks, or any other copyright insignia. Simon Retouching is not responsible for copyright and/or privacy infringement on the part of the customer, and assumes that all photos uploaded have either been taken by the customer or have become the legal property of the customer.
By uploading a photo to be retouched, the customer hereby agrees to indemnify Simon Retouching against any copyright claims by third parties. Simon Retouching also assumes that the customer submitting the photo has the permission of every person in the photo. Simon Retouching does not take responsibility for objections from other persons in the photograph that is being or has been retouched and disclaims all liability for any damages caused thereby. Simon Design reserves the right to refuse or cancel any order.
Fictional Image Disclaimer
Simon Retouching creates fictional images through the use of photographic retouching, and does not assert that any retouched image is a representation of reality. Simon Retouching is not responsible for misunderstandings or damages arising from its retouched photographs. By using Simon Retouching and uploading a photo to be retouched, the customer agrees to indemnify Simon Retouching against any third party claim and any consequential damages that may occur from a fictional image (retouched photograph) produced by Simon Retouching.
If you are not happy with your image proof or it does not correspond to your reasonable request, we will only perform additional edits that correspond to and are consistent with your original order and request. Simon Retouching will not perform additional edits (aka “fixes”) that were not originally submitted at the time of file upload for free.