Terms and Conditions

Pixel & Presence — Copyright & Usage Rights Notice

All photographs, images, and creative content produced by Pixel & Presence ("we," "us," "our") - including real estate, corporate headshot, and product photography - are the intellectual property of Pixel & Presence and protected under Jamaican copyright law and applicable international copyright conventions, regardless of the format or platform on which they appear. Copyright is retained by Pixel & Presence unless otherwise explicitly agreed to in writing, even after a shoot has been completed, delivered, and paid for.

Upon full payment, clients are granted a license to use their delivered images for the purposes agreed at booking (for example, real estate listings, internal corporate use, website and social media promotion, or product marketing). This license does not transfer ownership or copyright, and unless a separate agreement states otherwise, it does not include the right to resell, sublicense, alter, or use the images for purposes beyond what was agreed; including in advertising for a different property, business, or product than the one photographed. Pixel & Presence reserves the right to display any images in its own portfolio, website, and marketing materials, unless the client has requested otherwise in writing.

Any use of Pixel & Presence images beyond the scope of the agreed license — including by third parties — requires prior written permission and may be subject to a licensing fee. Unauthorized use, reproduction, or distribution of our work may result in a request for removal, compensation, or further action as permitted under Jamaican law. Questions about usage rights or requests for extended licensing can be directed to Garyn@pixelandpresence.com

Pixel & Presence — Privacy Policy

Effective Date: August 21, 2026

Pixel & Presence (“we,” “us,” or “our”) is a photography business based in Kingston, Jamaica. We are committed to handling personal information responsibly and in accordance with applicable Jamaican data protection laws, including the Data Protection Act, 2020.

This Privacy Policy explains what information we may collect, how we use and protect it, and the rights individuals may have regarding their personal information.

1. Information We Collect

Pixel & Presence may collect personal information from clients, prospective clients, website visitors, and persons who communicate with us through email, telephone, messaging platforms, social media, or other channels.

Information we collect may include:

Names and contact information, including email addresses, telephone numbers, and addresses;
Business, property, product, and project information provided in connection with a photography service;
Booking, quotation, invoice, and transaction information;
Communications and correspondence between the client and Pixel & Presence;
Photographs and other visual content created or provided in connection with our photography services; and
Other information voluntarily provided when making an enquiry, requesting a quotation, booking a service, or communicating with us.

We aim to collect only information that is reasonably necessary for the purposes for which it is being processed.

2. How We Use Your Information

Personal information may be used to:

Respond to enquiries and quotation requests;
Schedule and manage photography services;
Communicate with clients before, during, and after a project;
Prepare quotations, invoices, and other business records;
Process and maintain records of payments and transactions;
Capture, edit, store, and deliver photographs;
Provide customer support and respond to client requests;
Maintain appropriate accounting, administrative, and business records;
Comply with applicable legal and regulatory requirements; and
Use selected photographs for our portfolio, website, social media, advertising, or other promotional purposes where the necessary permission or consent has been obtained.

We will not use personal information for a purpose that is materially incompatible with the reason it was originally collected unless permitted by applicable law or additional consent is obtained where required.

3. Photographs & Promotional Use

Photographs created as part of our services may constitute personal information where an individual can be identified from the image.

Pixel & Presence will obtain any permission or consent required before using identifiable client photographs for our portfolio, website, social media, advertising, or other promotional purposes.

Where promotional use is based on consent, that consent may be withdrawn by contacting Pixel & Presence. Withdrawal of consent will apply to future use and will not affect processing or publication that was lawfully carried out before consent was withdrawn.

Copyright ownership and the client's rights to use delivered photographs are governed separately by the applicable quotation, service agreement, and Pixel & Presence Terms & Conditions.

4. Service Providers & Third Parties

Pixel & Presence may use trusted third-party service providers to support its business operations. These may include providers of:

Website hosting and website-management services;
Email and communication services;
Cloud storage and file-sharing services;
Online galleries and image-delivery services;
Booking and scheduling systems;
Accounting and invoicing services;
Payment-processing services; and
Other business-management or technology services.

These service providers may process personal information where reasonably necessary to provide their services to Pixel & Presence or as otherwise permitted by law.

Pixel & Presence does not sell or rent personal information to third parties for their independent marketing purposes.

Where personal information is stored, transferred, or processed outside Jamaica, Pixel & Presence will take reasonable steps to ensure that the information is handled in accordance with applicable data-protection requirements.

5. Payment Information

Pixel & Presence may collect billing and transaction information necessary to issue invoices, confirm payments, maintain financial records, and administer photography services.

Where payments are processed through a third-party payment provider or financial institution, Pixel & Presence may receive confirmation and transaction information relating to the payment but may not directly receive or store full credit or debit card details.

Payment and transaction records may be retained where reasonably necessary for accounting, taxation, dispute resolution, legal compliance, and other legitimate business-record purposes.

6. Data Security

Pixel & Presence takes reasonable technical and organisational measures to protect personal information, photographs, and other client data against unauthorised access, disclosure, alteration, loss, destruction, or misuse.

Access to client information is limited where reasonably appropriate, and reasonable care is taken when storing, transferring, editing, and delivering client photographs and information.

However, no electronic transmission, online platform, or digital storage system can be guaranteed to be completely secure.

7. Data Retention

Pixel & Presence will retain personal information only for as long as reasonably necessary for the purpose for which it was collected, to provide services to clients, maintain appropriate business records, resolve disputes, or comply with applicable legal, accounting, taxation, and regulatory requirements.

Different categories of personal information may therefore be retained for different periods.

Photographs and project files may also be retained for a reasonable period following delivery for archival, backup, client-service, portfolio, or legitimate business purposes, subject to applicable law, client consent where required, and any agreement made with the client.

8. Your Rights

Subject to the Data Protection Act, 2020 and any applicable legal limitations or exemptions, individuals may have rights relating to their personal information, including the right to:

Be informed about how their personal information is collected and processed;
Request access to personal information held about them;
Request the correction of inaccurate or incomplete personal information;
Request the restriction or cessation of certain processing where applicable;
Withdraw consent where processing is based on consent;
Request deletion or other appropriate action concerning personal information where permitted by law; and
Raise a concern or complaint regarding the handling of their personal information.

A request relating to personal information may be submitted using the contact information provided below.

Pixel & Presence may need to verify the identity of the person making a request before providing access to or making changes to personal information.

9. Website Data & Cookies

Our website or the third-party platform used to operate it may use cookies and similar technologies that help the website function properly, maintain security, understand website usage, or improve the visitor experience.

Some information may be collected automatically when visiting the website, such as browser or device information, general usage information, and interactions with website pages.

Where required, visitors will be provided with appropriate information or choices regarding non-essential cookies and similar technologies.

10. Disclosure Required by Law

Pixel & Presence may disclose personal information where reasonably necessary to comply with a legal obligation, court order, regulatory requirement, or lawful request from an appropriate authority.

Information may also be disclosed where reasonably necessary to establish, exercise, or defend legal rights.

11. Changes to This Privacy Policy

Pixel & Presence may update this Privacy Policy periodically to reflect changes in our services, business practices, technology, third-party service providers, or applicable legal requirements.

Where material changes are made, the updated version will be made available through our website or another appropriate communication channel.

The effective date displayed at the top of this Privacy Policy indicates when the current version became effective.

12. Contact Us

Questions, concerns, or requests relating to this Privacy Policy or the handling of personal information may be directed to:

Pixel & Presence
Kingston, Jamaica
Email: garyn@pixelandpresence.com

Pixel & Presence — Terms & Conditions

1. Booking & Payment
A non-refundable booking deposit of 20% of approved quotation is required to confirm any booking, with the remaining balance due before delivery of final high-resolution images unless otherwise agreed in writing. This deposit will be applied towards the total fee. Bookings are not confirmed until the deposit is received. Prices quoted are valid for 14 days from the date of the quote.

2. Cancellations & Rescheduling
Clients wishing to reschedule a confirmed booking must provide at least 48 hours’ notice before the scheduled start time.

Where at least 48 hours’ notice is provided, the booking deposit may be transferred once to a new date, subject to Pixel & Presence’s availability.

Rescheduling within 48 hours of the scheduled start time may result in the original booking deposit being forfeited, and a new booking deposit may be required to secure another date.

If the client cancels the booking or fails to attend the scheduled shoot without notice, the booking deposit will be forfeited, subject to any rights available under applicable law.

Pixel & Presence reserves the right to reschedule a booking where necessary due to severe weather, safety concerns, illness, emergency, or other circumstances reasonably beyond its control. In such circumstances, reasonable efforts will be made to arrange a suitable alternative date at no additional booking fee to the client.

3. Shoot Day Expectations
The client is responsible for ensuring that the agreed location, property, products, personnel, and any other materials required for the shoot are accessible, prepared, and ready at the scheduled start time.

The booked session begins at the agreed start time. Delays caused by the client, the client’s staff, restricted access, an unprepared location, unavailable products, or other circumstances within the client’s control do not automatically extend the booked session.

Where additional photography time is required because of client-related delays or requests beyond the agreed scope, additional time may be provided subject to Pixel & Presence’s availability and may incur an additional fee. Any applicable additional charges will be communicated to the client.

The client is responsible for obtaining any permissions, approvals, access, or authorizations required for photography at the location unless otherwise agreed in writing.

Pixel & Presence will make reasonable efforts to complete the agreed photography within the scheduled time but cannot guarantee a specific number of photographs unless a specific quantity has been included in the quotation.

4. Delivery Timeline
Final edited images will be delivered within the timeframe stated in the approved quotation, calculated from the date of the completed shoot unless otherwise agreed in writing.

Where no specific delivery timeframe is stated, the following standard turnaround times will normally apply:

Corporate Headshots: 5–7 business days
Product Photography: 5–10 business days
Real Estate Photography: 5–10 business days

Images will normally be delivered through an online gallery, cloud-based link, or other digital delivery method selected by Pixel & Presence.

Delivery timelines may be extended where the client requests additional editing, delays image selections or approvals, changes the agreed scope, or where circumstances reasonably beyond Pixel & Presence’s control affect delivery.

Rush or expedited delivery may be available upon request and may incur an additional fee. Any rush fee will be agreed with the client before the additional service is provided.

5. Revisions & Retouching
The quoted price includes standard professional editing of all final selected images, including adjustments to exposure, colour, contrast, cropping, and other standard corrections consistent with Pixel & Presence’s usual editing style.

Requests for extensive retouching, object removal, background replacement, compositing, or other alterations outside the agreed scope may incur an additional fee. Any additional charges will be communicated to and approved by the client before the additional work is carried out.

RAW, unedited, rejected, duplicate, or test images are not included in the final delivery unless otherwise agreed in writing.

6. Usage Rights & Copyright
All photographs created by Pixel & Presence remain the copyright of Pixel & Presence unless copyright is expressly transferred through a separate written agreement.

Upon full payment, the client is granted a license to use the final delivered images for the purposes agreed in the quotation or otherwise agreed in writing.

The client may provide the delivered images to employees, designers, printers, advertising agencies, website developers, or other service providers where necessary for work being carried out on the client’s behalf.

Images may not be sold, sublicensed, transferred to another business for its independent use, or used outside the agreed scope without prior written permission from Pixel & Presence.

Pixel & Presence will obtain any required permission before using client images for its portfolio, website, social media, advertising, or other promotional purposes.

7. Liability
Pixel & Presence will take reasonable care in the capture, storage, editing, and delivery of client images.

Pixel & Presence will not be responsible for delays or inability to perform caused by circumstances reasonably beyond its control, including severe weather, natural disasters, venue restrictions, government action, serious illness or emergency, power outages, or other unforeseen circumstances.

Where Pixel & Presence is unable to complete the agreed service, reasonable efforts will be made to reschedule the service or provide another appropriate remedy.

To the fullest extent permitted by applicable law, Pixel & Presence’s total liability arising from the photography services shall be limited to the amount paid by the client for the specific service giving rise to the claim.

Nothing in these Terms & Conditions excludes or limits any liability or legal right that cannot lawfully be excluded or limited.

8. Agreement
By approving the quotation, signing or electronically accepting this agreement, or paying the required booking deposit after receiving these Terms & Conditions, the client confirms that they have read, understood, and agreed to the quotation and these Terms & Conditions.

Any material change to the agreed scope, pricing, deliverables, usage rights, or other terms must be agreed by both Pixel & Presence and the client in writing.