Term of Service

Juangie.com ("we," "our," or "us") values your privacy and is committed to protecting your personal information. This Privacy Policy explains how we collect, use, and safeguard your information when you visit our website juangie.com or use our services.

1. Information We Collect

We may collect the following types of information:

• Personal Information: Name, email address, phone number, business details, project requirements, payment information, and any other information you voluntarily provide when you contact us, request a quote, or engage our services.

• Non-Personal Information: Browser type, device information, IP address, geographic location data, pages visited, time spent on site, and site usage data collected automatically through cookies and analytics tools.

2. How We Use Your Information

We may use the information we collect to:

• Provide building design visualization, interior design, and photography services.

• Respond to inquiries and communicate about projects, quotations, and service delivery.

• Process service agreements, contracts, and send payment confirmations.

• Send updates about our portfolio, services, and professional offerings (you may opt out at any time).

• Improve our website functionality and user experience.

• Analyze website traffic and user behavior through analytics services.

• Ensure the security of our website and prevent unauthorized access or fraudulent activity.

• Comply with legal obligations under Australian law, including taxation and business record requirements.

• Maintain business records for 7 years as required under Australian taxation law.

3. How We Share Your Information

We do not sell, rent, or trade your personal information to third parties for marketing purposes.

We may share your data with:

• Service Providers: Trusted third parties who assist with website hosting, email delivery services, payment processing (e.g., PayPal, Stripe), cloud storage, or accounting services. These providers are contractually obligated to protect your information and use it only for specified purposes.

• Professional Collaborators: Registered architects, structural engineers, building consultants, or contractors when necessary for project delivery and regulatory compliance. You will be notified if your information needs to be shared for project purposes.

• Legal Requirements: Government authorities, law enforcement, or courts if required by Australian law, court order, subpoena, or to protect our legal rights, prevent fraud, or ensure public safety.

• Business Transfers: In the event of a merger, acquisition, or sale of business assets, your information may be transferred to the acquiring entity, subject to the same privacy protections.

4. Cookies & Tracking Technologies

We use cookies and similar technologies to improve user experience, analyze site traffic, and understand user preferences.

Types of Cookies We Use:

• Essential Cookies: Required for website functionality, including session management and security features. These cookies cannot be disabled without affecting website performance.

• Analytics Cookies: Google Analytics and similar tools to understand site usage, visitor demographics, popular content, and user behavior. These cookies help us improve our services.

• Preference Cookies: Remember your settings and preferences for future visits.

Your Cookie Choices:

By continuing to use our website, you consent to our use of essential cookies. You may disable analytics and preference cookies through your browser settings:

• Chrome: Settings > Privacy and Security > Cookies

• Firefox: Options > Privacy & Security > Cookies

• Safari: Preferences > Privacy > Cookies

Disabling analytics cookies will not affect website functionality but may limit our ability to improve user experience.

Third-Party Analytics:

We use Google Analytics, which may collect data about your browsing behavior across multiple websites. You can opt out of Google Analytics by installing the Google Analytics Opt-out Browser Add-on.

5. Data Security

We implement reasonable technical and organizational security measures to protect your personal information in accordance with the Australian Privacy Principles (APPs) under the Privacy Act 1988 (Cth).

Security Measures Include:

• Secure Socket Layer (SSL) encryption for data transmission

• Password-protected systems and access controls

• Regular security audits and software updates

• Secure cloud storage with reputable providers

• Employee confidentiality obligations

Limitation of Security:

However, no method of electronic transmission or storage is 100% secure. While we strive to protect your personal information using commercially acceptable means, we cannot guarantee absolute security against unauthorized access, hacking, data loss, or other security breaches.

Your Responsibility:

Please protect your account credentials and notify us immediately if you suspect unauthorized access to your information.

6. Your Rights Under Australian Privacy Law

Under the Privacy Act 1988 (Cth) and Australian Privacy Principles (APPs), you have the right to:

• Access: Request copies of your personal information we hold.

• Correction: Request correction of inaccurate, incomplete, or outdated personal information.

• Deletion: Request deletion of your personal information in certain circumstances (subject to legal retention obligations).

• Opt-Out: Unsubscribe from marketing communications at any time by clicking "unsubscribe" in emails or contacting us directly.

• Complaint: Lodge a complaint with the Office of the Australian Information Commissioner (OAIC) if you believe your privacy has been breached.

How to Exercise Your Rights:

Email us at juan.ignacio.gie@gmail.com with your request. We will respond within 30 days and may require identity verification to protect your privacy.

Limitations:

We may decline requests that:

• Are frivolous, vexatious, or unreasonably repetitive

• Require disproportionate effort or expense

• Would violate legal obligations (e.g., taxation record retention)

• Would infringe on the rights of others

7. International Data Transfers

Your information may be stored on servers located outside Australia, including in the United States, European Union, or other jurisdictions where our cloud service providers operate.

We ensure that any international transfers comply with Australian privacy laws by:

• Using providers with robust data protection policies

• Ensuring contractual safeguards for cross-border data transfers

• Verifying that recipient countries provide adequate data protection

Your Consent:

By using our services, you consent to international data transfers as described above.

8. Third-Party Links & Services

Our website may contain links to third-party sites, including:

• Social media platforms (Instagram, LinkedIn, Behance, Pinterest)

• Cloud storage services (Google Drive, Dropbox)

• Payment processors (PayPal, Stripe)

• Portfolio hosting platforms

We are not responsible for the privacy practices of these third parties. We encourage you to review their privacy policies before providing any personal information.

Social Media:

When you interact with our social media pages or share our content, your interactions are governed by the respective platform's privacy policy, not ours.

9. Children's Privacy

Our services are not directed to individuals under the age of 18. We do not knowingly collect personal information from minors.

If you are a parent or guardian and believe your child has provided us with personal information without consent, please contact us immediately, and we will delete such information from our records.

10. Data Retention

We retain your personal information only for as long as necessary to fulfill the purposes outlined in this Privacy Policy or as required by law.

Retention Periods:

• Active Clients: For the duration of the service relationship plus 7 years (Australian taxation requirements).

• Prospective Clients: Inquiries and quotations retained for 2 years for follow-up and business development.

• Marketing Contacts: Until you unsubscribe or request deletion.

• Financial Records: 7 years as required by Australian Taxation Office (ATO) regulations.

Secure Disposal:

When information is no longer needed, we securely delete or anonymize it to prevent unauthorized access or recovery.

11. Data Breach Notification

In the event of a data breach likely to result in serious harm to you, we will comply with the Notifiable Data Breaches (NDB) scheme under the Privacy Act 1988 (Cth).

Our Response:

• Notify affected individuals within 72 hours where practicable

• Notify the Office of the Australian Information Commissioner (OAIC)

• Provide details of compromised information, potential consequences, and remedial steps taken

• Offer guidance on protective measures (e.g., password changes, credit monitoring)

What You Should Do:

If you receive a data breach notification from us, follow the recommended protective measures immediately and monitor your accounts for suspicious activity.

12. Changes to This Privacy Policy

We may update this Privacy Policy from time to time to reflect changes in our practices, legal requirements, or business operations.

Notification of Changes:

• Changes will be posted on this page with an updated "Last Updated" date

• Material changes will be highlighted at the top of the policy

• For significant changes, we may notify you via email (if we have your contact information)

Your Continued Use:

Your continued use of our website or services after changes are posted constitutes acceptance of the updated Privacy Policy. We encourage you to review this policy periodically.

13. Contact Us

If you have questions about this Privacy Policy, wish to exercise your privacy rights, or have concerns about how your information is handled, please contact us at:

Juangie.com
Email: juan.ignacio.gie@gmail.com
Location: Melbourne, Victoria, Australia

Phone and physical address details available upon request via email for privacy and security purposes.

Office of the Australian Information Commissioner (OAIC):

If you believe your privacy rights have been violated and we have not adequately addressed your concerns, you may lodge a complaint with:

Office of the Australian Information Commissioner
Website: www.oaic.gov.au
Phone: 1300 363 992
Email: enquiries@oaic.gov.au

Terms of Service

Juangie.com ("we," "our," or "us") provides building design visualization, interior design, and photography services through our website juangie.com. By accessing or using our website and services, you agree to these Terms of Service.

Last Updated: January 10, 2026

CRITICAL NOTICE — PLEASE READ CAREFULLY

THE SERVICE PROVIDER IS A MASTER'S ARCHITECTURE STUDENT AND IS NOT A REGISTERED ARCHITECT.

All services are provided for CONCEPTUAL, VISUALIZATION, AND CREATIVE PURPOSES ONLY. This means:

❌ We do NOT provide construction-ready documentation
❌ We do NOT provide stamped/certified architectural drawings
❌ We do NOT provide structural engineering or building code certification
❌ We are NOT authorized to practice architecture in Australia

✅ All design work MUST be reviewed and certified by a registered architect before construction
✅ You are responsible for engaging licensed professionals for structural, mechanical, electrical, and plumbing design
✅ You are responsible for obtaining all council approvals and building permits

BY ENGAGING OUR SERVICES, YOU ACKNOWLEDGE AND ACCEPT THESE LIMITATIONS.

Failure to engage registered professionals for construction may result in:

• Council permit rejection

• Structural failures and safety hazards

• Legal liability for building code violations

• Financial losses and project delays

• Invalidation of insurance coverage

1. Acceptance of Terms

By using this website, requesting a quote, or engaging our services, you agree to be legally bound by these Terms of Service and our Privacy Policy.

If you do not agree to these Terms, you must immediately cease using our website and services.

These Terms constitute a legally binding contract between you (the "Client") and Juangie.com (the "Designer").

2. Services Provided & Professional Status

2.1 Services Overview

We offer creative visualization and photography services including:

Building Design Visualization:

• Conceptual design and space planning

• 3D modeling and photorealistic renderings

• Floor plans, elevations, and sections (for visualization only)

• Interior and exterior design concepts

• Material and finish specifications

• Design presentations and mood boards

Photography Services:

• Architectural photography (interior and exterior)

• Commercial and product photography

• Creative and artistic photography

• Photo editing and retouching

• Digital delivery of high-resolution images

Freelance Design Services:

• Consultation on design concepts

• Design research and analysis

• Visual presentation materials

2.2 Professional Qualifications & Legal Limitations

CRITICAL DISCLOSURE:

The service provider is currently a Master's student in architecture and is NOT a registered architect under the Architects Act 1991 (Vic) or any other Australian state/territory legislation.

Legal Prohibitions:

Under Victorian law, we are prohibited from:

• Using the title "architect" to describe ourselves

• Advertising "architectural services" or "architectural design services"

• Providing construction documentation for building permits

• Certifying designs for structural integrity or compliance

• Supervising construction work

• Issuing building compliance declarations

Permitted Activities:

We ARE permitted to provide:

• Building design visualization and conceptual design (for educational and presentation purposes)

• 3D modeling, rendering, and digital visualization

• Interior design concepts and space planning

• Creative design services under our own name/business

Services Explicitly Excluded:

We do NOT provide:

• ❌ Structural calculations or engineering analysis

• ❌ Building code compliance documentation or certification

• ❌ Construction documentation suitable for building permits or tenders

• ❌ Site surveys, geotechnical assessments, or land surveying

• ❌ Energy efficiency certifications (NatHERS, Green Star, NABERS)

• ❌ Fire safety or accessibility compliance documentation

• ❌ Hydraulic, electrical, or mechanical systems design

• ❌ Contract administration or construction supervision

• ❌ Quantity surveying or cost estimation (estimates are conceptual only)

• ❌ Building inspection or defect reporting

• ❌ Town planning or development application preparation

Mandatory Professional Review:

ALL building design deliverables must be reviewed, modified as necessary, and certified by a registered architect and/or licensed engineers before:

• Submission to local councils, building surveyors, or planning authorities

• Use for construction tendering or contractor engagement

• Any physical construction or implementation

• Obtaining building permits or approvals

Client Acknowledgment Required:

By engaging our services, you explicitly acknowledge and agree that:

1. You understand Designer is a student and NOT a registered architect

2. All deliverables are for conceptual visualization purposes only

3. You will NOT use deliverables for construction without professional certification

4. You will engage a registered architect to review all design work

5. You will engage licensed engineers for structural, mechanical, electrical, and plumbing design

6. You are solely responsible for obtaining all necessary approvals and permits

7. Designer has ZERO liability for any construction undertaken without proper professional certification

Client Indemnification:

You agree to indemnify and hold harmless Designer against ALL claims, damages, losses, and expenses (including legal fees) arising from:

• Construction undertaken without registered architect review and certification

• Structural failures, building code violations, or regulatory non-compliance

• Permit rejections or council enforcement actions

• Any use of deliverables beyond conceptual visualization purposes

This indemnification obligation survives termination of the service agreement and continues indefinitely.

3. Service-Specific Terms

PART A: BUILDING DESIGN & VISUALIZATION SERVICES

3.1 Scope of Building Design Services

Building design visualization services include:

Conceptual Design:

• Initial design concepts and spatial arrangements

• Design research and precedent studies

• Site analysis and context evaluation (based on publicly available information)

• Conceptual sketches and diagrams

3D Modeling & Visualization:

• Detailed 3D models of interior and exterior spaces

• Photorealistic renderings and visualizations

• Virtual walkthroughs and perspective views

• Material and texture applications

Design Documentation (Visualization Only):

• Floor plans showing spatial layouts and dimensions

• Elevations showing facade design and proportions

• Sections showing internal spatial relationships

• Diagrams and design intent drawings

Design Presentations:

• Mood boards and material palettes

• Design narratives and concept statements

• Presentation boards and portfolios

• Client presentation materials

Deliverable Formats:

Final deliverables provided in digital formats including:

• High-resolution JPG/PNG images (renderings)

• PDF documents (floor plans, presentations)

• Native 3D model files (upon request, additional fee may apply)

• Editable source files (upon request, additional fee may apply)

3.2 Intellectual Property Rights — Building Design Work

Copyright Ownership Structure:

Upon full payment, the following intellectual property rights apply:

1. Designer Retains:

• Copyright Ownership: Designer retains full copyright ownership of all creative work under the Copyright Act 1968 (Cth). This is a fundamental, non-transferable right.

• Moral Rights: Right of attribution (to be credited as creator), right against false attribution, and right to object to derogatory treatment under s.195AO of Copyright Act 1968.

• Portfolio Rights: Unrestricted right to photograph, document, display, and publish completed projects in portfolio, website, social media, marketing materials, competitions, and exhibitions.

• Derivative Rights: Right to create derivative works, adapt concepts for other projects, and develop similar designs for other clients.

• Reuse Rights: Right to reuse design concepts, techniques, methodologies, visual styles, and non-proprietary elements in future projects.

2. Client Receives:

• Exclusive License: An exclusive, perpetual, royalty-free license to use final approved deliverables for the specific project/property for which they were commissioned.

• Physical Possession: Ownership of the digital files delivered (but NOT copyright ownership of the creative content within those files).

3. Client's Licensed Rights:

Under the exclusive license granted, Client may:

• ✅ Use deliverables for the specific commissioned project/property only

• ✅ Modify deliverables for construction implementation purposes (with registered architect oversight)

• ✅ Reproduce deliverables for project documentation, contractor tendering, and client presentations

• ✅ Share deliverables with registered architects, engineers, and contractors for project execution

• ✅ Display completed project publicly (with Designer attribution maintained)

4. Client Restrictions:

Client may NOT:

• ❌ Remove, obscure, or alter Designer's attribution, watermark, or credit

• ❌ Use deliverables for any project or property other than the specific commissioned project

• ❌ Resell, sublicense, or transfer the license to third parties

• ❌ Claim authorship or copyright ownership of the creative work

• ❌ Use deliverables as templates or starting points for other projects

• ❌ Commission other designers to replicate or copy the design for different sites

• ❌ Publish deliverables in academic publications, books, or media without Designer consent

5. Attribution Requirements:

All uses of deliverables must include visible attribution:

Required Credit Format: "Design by Juangie.com" or "Design Visualization by Juangie.com"

Where Attribution Required:

• On all construction drawings (if deliverables are incorporated by registered architect)

• On client marketing materials, brochures, and websites featuring the design

• On social media posts displaying the project or renderings

• In any published articles, press releases, or media coverage

Attribution Placement:

• Must be visible and legible

• Should appear near the image/content or in standard credit sections

• May be abbreviated as "Design: Juangie.com" where space is limited

Watermarks:

• All delivered files will include Designer's subtle watermark or credit

• Client may request un-watermarked versions for internal use only (construction documentation, engineering coordination)

• Any public display, marketing, or publication must use watermarked versions OR include separate visible credit

6. Modification Rights & Limitations:

Client May Modify When:

• Necessary for construction implementation (structural adjustments, building code compliance)

• Required by registered architect or engineer for safety/feasibility

• Adaptations are minor and do not substantially alter the design intent

Client Must:

• Consult with Designer before substantial aesthetic or spatial modifications (courtesy, not legally required)

• Not attribute substantially modified work to Designer without written approval

• Acknowledge modifications in credits: "Original design by Juangie.com, modified for construction"

Designer's Right to Object: Under moral rights law, Designer may object to modifications that:

• Are derogatory or harmful to Designer's professional reputation

• Substantially alter the design intent or aesthetic vision

• Result in poor-quality built outcome that reflects negatively on Designer

7. Preliminary & Interim Work:

Designer's Exclusive Property:

The following remain Designer's exclusive property with NO client rights:

• All preliminary sketches, draft concepts, and working models

• Unchosen design options presented during the design process

• Research materials, precedent studies, and analysis documents

• Working drawings, calculation notes, and process documentation

• Iterations, revisions, and exploratory concepts not included in final deliverables

Client Receives Only:

• Final approved deliverables explicitly specified in the Service Agreement

• Deliverables listed in the final invoice as completed items

Example:

If Designer presents 5 design concepts and Client selects 1 for development:

• Client obtains license ONLY to the selected concept (after payment)

• The 4 unchosen concepts remain Designer's exclusive property

• Designer may offer unchosen concepts to other clients or develop them independently

3.3 Work Not Commissioned — Designer's Exclusive Property

Any creative work produced by Designer that is:

• ❌ Not specifically requested by Client in a written Service Agreement or signed quotation

• ❌ Created outside the agreed project scope and deliverables list

• ❌ Speculative designs or concepts shown during pitches/presentations but not commissioned

• ❌ Design elements, templates, libraries, or assets created for Designer's own use

• ❌ Educational projects or portfolio pieces created independently

...remains the EXCLUSIVE PROPERTY OF DESIGNER and Client obtains ZERO RIGHTS to such work.

Confidentiality of Pitch Work:

Client Obligations:

When Designer presents concepts during pitches or proposal meetings, Client agrees:

• Not to disclose Designer's unpaid concepts to third parties (competitors, other designers, contractors)

• Not to use, reproduce, or implement unpaid concepts without Designer's written consent

• Not to commission other designers/contractors to execute Designer's unpaid concepts

• To treat all pitch materials as confidential for 3 years

Definition of "Commissioned Work":

Work is only considered "commissioned" when ALL of the following occur:

1. ✅ Client explicitly accepts a specific concept or proposal in writing (email confirmation acceptable)

2. ✅ Both parties sign a Service Agreement or Designer issues an invoice

3. ✅ Client pays the required deposit

Verbal approval, expressions of interest, or ongoing negotiations do NOT constitute commissioning.

Breach Consequences:

If Client breaches confidentiality or uses unpaid concepts without consent:

• Designer is entitled to full project fee (as if work had been properly commissioned)

• Plus additional damages for copyright infringement

• Plus legal fees and costs of enforcement

• Designer may seek injunction to stop unauthorized use

Designer's Right to Reuse:

Designer may freely:

• Offer unpaid pitch concepts to other clients

• Develop unpaid concepts for personal portfolio

• Create derivative works or variations of unpaid concepts

• Publish unpaid concepts in design portfolios, competitions, or exhibitions

3.4 Subcontracting Rights

Designer reserves the right to engage qualified subcontractors or collaborators for specialized tasks including:

• Advanced 3D rendering and animation services

• Landscape design and visualization

• Engineering consultants (for Designer's understanding of structural principles, not as deliverable to Client)

• Surveying, site photography, or documentation services

• Graphic design for presentation materials

Designer Responsibilities:

• Designer retains overall project responsibility and quality control

• All subcontractors will be bound by equivalent confidentiality obligations

• Client will be notified if subcontracting significantly affects project timeline or cost

• Subcontractor work will be reviewed and approved by Designer before delivery

Client Rights:

• Client may object to specific subcontractors if there is a legitimate conflict of interest

• Client will not be charged more than the agreed fixed fee (subcontractor costs are Designer's responsibility unless otherwise agreed)

3.5 Design Defects & Liability Limitations

12-Month Defects Period:

Claims for defects in building design deliverables must be made within 12 months of delivery.

Covered Defects:

Designer will remedy at no cost if deliverables contain:

• ✅ Technical errors in 3D models (incorrect dimensions, modeling glitches, file corruption)

• ✅ Mathematical errors in dimensions or area calculations

• ✅ Deviations from explicitly agreed specifications in the Service Agreement

• ✅ File format issues preventing use by standard software

Excluded Defects:

Designer is NOT responsible for:

• ❌ Defects arising from Client modifications or instructions

• ❌ Construction errors by third-party contractors or builders

• ❌ Structural failures or building code violations (Designer does not provide engineering)

• ❌ Cost overruns or constructability issues (Designer provides conceptual design only)

• ❌ Changes to applicable building codes or regulations after delivery

• ❌ Subjective aesthetic preferences or changes in Client's design taste

• ❌ Software compatibility issues due to Client using outdated or incompatible software

Remedy Process:

1. Client must notify Designer in writing via email within 12 months, describing the defect specifically

2. Designer will assess the claim within 14 business days

3. If defect is covered, Designer will correct it at no charge within reasonable timeframe

4. If defect cannot be corrected, Designer may offer partial refund at Designer's discretion

Limitation of Liability:

Designer's MAXIMUM liability for defects is limited to:

• Correction of the defect at no charge, OR

• Refund of the portion of fees attributable to the defective deliverable

Designer is NOT liable for consequential damages, lost profits, project delays, or any other indirect damages.

PART B: PHOTOGRAPHY SERVICES

3.6 Scope of Photography Services

Photography services include:

Architectural Photography:

• Interior photography (residential, commercial, hospitality)

• Exterior photography (buildings, landscapes, urban environments)

• Detail and material photography

• Twilight and night photography

Commercial Photography:

• Product photography for design and retail

• Corporate headshots and team photography

• Event photography (launches, openings, exhibitions)

• Brand and marketing photography

Creative Photography:

• Artistic and conceptual photography

• Portfolio and editorial photography

• Fine art photography for exhibitions

Post-Production Services:

• Color correction and exposure adjustment

• Perspective correction and lens distortion removal

• Basic retouching (dust removal, minor imperfections)

• Image optimization for web and print

• File formatting and delivery

Advanced Retouching (Additional Fee):

• Object removal or addition

• Sky replacement and weather enhancement

• Extensive compositing or manipulation

• Virtual staging or furniture replacement

Deliverable Formats:

• High-resolution edited JPG files (typically 4000-6000px on long edge)

• Web-optimized versions (1920px on long edge)

• Print-ready files (300 DPI, sRGB or Adobe RGB color space)

• Digital delivery via cloud link (Dropbox, Google Drive, or WeTransfer)

3.7 Intellectual Property Rights — Photography Work

Copyright Ownership:

Under Australian copyright law (Copyright Act 1968, s.35), for photographs commissioned for commercial purposes, the photographer retains copyright ownership unless there is a written agreement transferring ownership.

Critical Distinction:

• Commercial photography (architectural, product, corporate): Photographer owns copyright ✅

• Private/domestic photography (weddings, family portraits): Client owns copyright (different rules apply)

Our photography services are COMMERCIAL photography. Therefore:

Photographer (Designer) Retains:

• Full copyright ownership of all photographs, including RAW files, edited images, and outtakes

• Moral rights under s.195AO Copyright Act 1968 (right of attribution, right against false attribution, right to object to derogatory treatment)

• Right to license the same images to multiple clients unless exclusive rights are purchased

• Portfolio rights to display images in portfolio, website, social media, competitions, and marketing materials

Client Does NOT Own:

• ❌ Copyright ownership of photographs

• ❌ RAW files or unedited images

• ❌ Exclusive rights (unless explicitly purchased for additional fee)

What Client Receives:

Upon full payment, Client receives a non-exclusive, perpetual, royalty-free license to use final edited images for the specific purposes agreed in the Service Agreement.

3.8 Client License Rights — Photography

Standard License Includes:

Client may:

• ✅ Use images for Client's own business marketing and promotional materials

• ✅ Reproduce images on Client's website, social media, and digital platforms

• ✅ Use images in print materials (brochures, magazines, advertisements) for Client's business

• ✅ Make reasonable modifications (cropping, color adjustment for brand consistency)

• ✅ Display images indefinitely for the licensed purposes

Standard License Excludes:

Client may NOT:

• ❌ Resell or sublicense images to third parties

• ❌ Use images in ways that generate direct revenue from the image itself (stock photography, prints sales, licensing)

• ❌ Provide images to competitors or other businesses for their use

• ❌ Use images for purposes outside the agreed scope without additional licensing fee

• ❌ Remove Photographer's watermark, metadata, or embedded copyright information

• ❌ Claim copyright ownership or authorship of photographs

• ❌ Manipulate images in ways that misrepresent reality or harm Photographer's reputation

Scope Examples:

• If Client commissions architectural photography for "portfolio and website use," Client may NOT use those images for a published coffee table book without negotiating additional licensing fee

• If Client commissions product photography for "social media marketing," Client may use on Instagram/Facebook but NOT license to magazines for editorial use without permission

3.9 Image Credits & Attribution

Attribution Requirements:

Client agrees to provide visible attribution when publishing or displaying images:

Required Credit Format:
"Photography by Juangie.com" or "Photo: Juangie.com" or "@juangie.com"

Where Attribution Required:

• ✅ Website image captions or footer credits

• ✅ Social media posts (in caption or tagged in image)

• ✅ Printed materials (credit line in publication)

• ✅ Press releases and media kits

• ✅ Promotional materials and advertisements (where space permits)

Where Attribution Preferred but Not Mandatory:

• Small-format uses where credit would be illegible (thumbnails, small print ads)

• Client's internal business documents (proposals, reports)

• Private client communications

Failure to Attribute:

Failure to provide attribution does not terminate the license or constitute breach, but it is requested as professional courtesy and industry standard practice. Persistent failure to credit may affect future engagement terms.

Photographer's Portfolio Use:

Photographer may:

• Display images in online portfolio and website with credit to Client/project

• Share images on social media with credit/tag to Client

• Submit images to photography competitions, awards, and exhibitions

• Feature images in promotional materials and advertising

• Include images in published books, magazines, or articles about photography

Photographer will provide courtesy credit to Client/project when displaying work: "Project: [Client Name/Project Name]"

3.10 Model Releases & Privacy

Client Responsibility:

If photographs include identifiable individuals (people, building occupants, passersby), Client is responsible for:

• Obtaining signed model releases from identifiable individuals before images are used publicly

• Ensuring compliance with privacy laws when images are published

• Indemnifying Photographer against privacy claims arising from Client's use of images

Photographer's Approach:

• Photographer will make reasonable efforts to avoid capturing identifiable individuals during shoots unless specifically requested

• If people are unavoidable in shots (street photography, occupied interiors), Photographer may blur faces or exclude such images from final deliverables

• Client must inform Photographer if model releases are required so alternative compositions can be planned

Liability Limitation:

Photographer is NOT liable for:

• Privacy violations resulting from Client's use of images with identifiable people

• Defamation claims if images are used in misleading or inappropriate contexts by Client

• Property rights violations if Client uses images of private property without owner consent

Stock Photography Limitation:

Images containing identifiable people cannot be licensed for stock photography or commercial uses beyond the original Client's license without proper model releases.

3.11 Exclusive Rights Option

Standard Service = Non-Exclusive License

By default, Photographer retains the right to license the same images to multiple clients (e.g., licensing architectural photos to builder, architect, and interior designer who all worked on the project).

Exclusive Rights Purchase:

Client may purchase exclusive rights for an additional fee:

Exclusive License Fee: Typically 200-300% of standard photography rate

What Exclusive Rights Include:

• Photographer agrees NOT to license images to any third party

• Photographer agrees NOT to display images in public portfolio during exclusivity period

• Client has sole commercial use rights (except Photographer's right to display in portfolio after exclusivity expires)

Exclusivity Terms:

• Duration: Typically 1-5 years (negotiated in Service Agreement)

• Geographic scope: Can be limited to specific markets (e.g., exclusive in Australia, non-exclusive elsewhere)

• Use scope: Can be limited to specific industries (e.g., exclusive for real estate marketing, non-exclusive for editorial use)

Exclusivity must be specified in writing BEFORE the photography session. Retroactive exclusivity purchases may be negotiated at higher rates.

Portfolio Exception:

Even with exclusive rights purchase, Photographer typically retains the right to display 2-3 representative images in professional portfolio after a reasonable period (e.g., 12 months). This can be negotiated.

3.12 Photography Deliverables & Timeline

Standard Deliverables:

• Edited high-resolution JPG files

• Number of final images as specified in Service Agreement (typically 15-50 images depending on project scope)

• Color-corrected and professionally retouched

• Optimized for print and web use

NOT Included (Unless Requested):

• RAW files (Photographer's working files, remain Photographer's property)

• Unedited/rejected images

• Alternative edits or "all photos from the shoot"

• Video or time-lapse content (separate service)

Delivery Timeline:

• Standard Turnaround: 7-14 business days after shoot date

• Rush Delivery (Additional 30-50% fee): 3-5 business days

• Same-Day Delivery (Additional 100% fee): Available for urgent commercial needs, subject to availability

Delivery Method:

• Digital delivery via secure cloud link (Dropbox, Google Drive, WeTransfer)

• Files available for download for 30 days (Client responsible for backing up files)

• USB drive delivery available for additional fee

Image Selection Process:

1. Photographer will provide low-resolution proof gallery (if requested) for Client to select final images

2. Client selects number of images included in package

3. Selected images are professionally edited and delivered

4. Additional images beyond package quantity available at per-image rate

Revision Policy:

• Standard service includes 1 round of minor adjustments (color/exposure tweaks)

• Substantial re-edits or creative changes require additional fee

• Reshoots due to Client's change in vision charged at full reshoot rate

Weather Contingency (Exterior Shoots):

• Exterior shoots dependent on weather conditions and optimal lighting

• Photographer reserves right to reschedule if weather is unsuitable

• Client will be notified 24-48 hours before shoot if rescheduling is necessary

• Rescheduling due to weather does not incur additional fees

4. General Terms Applicable to All Services

4.1 Website Content & Intellectual Property

All content displayed on this website, including but not limited to:

• Design portfolios and project showcases

• Photographs and images

• 3D renderings and visualizations

• Written descriptions and blog content

• Graphics, logos, and branding elements

• Videos and multimedia content

...is owned by Juangie.com and protected by Australian and international intellectual property laws, including:

• Copyright Act 1968 (Cth)

• Designs Act 2003 (Cth)

• Trade Marks Act 1995 (Cth)

• International treaties (Berne Convention, WIPO Copyright Treaty)

Prohibited Uses:

You may NOT:

• ❌ Copy, reproduce, download, or redistribute any website content without written permission

• ❌ Use website content for commercial purposes or financial gain

• ❌ Modify, adapt, create derivative works, or manipulate website content

• ❌ Remove copyright notices, watermarks, metadata, or attribution

• ❌ Use automated systems (bots, scrapers, crawlers) to harvest or download content

• ❌ Claim ownership or authorship of Designer's work displayed on the website

• ❌ Display website content on other websites, apps, or platforms (no embedding, framing, or deep-linking without permission)

• ❌ Reverse-engineer or extract design elements for your own use

Limited Viewing License:

You are granted a limited, non-exclusive, non-transferable, revocable license to:

• View website content on your personal device for informational purposes

• Share direct links to website pages on social media (with proper attribution)

• Reference website content in legitimate design research (with academic citation)

This license does NOT grant you:

• The right to download or save content (except where explicitly offered, e.g., downloadable PDFs)

• The right to reproduce content in any form

• Any ownership or commercial use rights

Enforcement:

Unauthorized use of website content may result in:

• Civil action for copyright infringement (damages up to $150,000 AUD per work under Copyright Act 1968)

• Injunction to cease unauthorized use

• Recovery of legal fees and costs

• Criminal penalties for serious infringement

If you wish to use any website content for purposes beyond the limited viewing license, contact us for written permission and licensing terms.

4.2 Project Engagement Process

Inquiry & Consultation

Step 1 - Initial Contact:

• Client contacts Designer via email, contact form, or social media

• Client provides project overview, requirements, timeline, and budget (if available)

• Designer responds within 2-3 business days

Step 2 - Preliminary Consultation (Free):

• Brief discussion via email or phone/video call to understand project scope

• Designer may request additional information (site photos, reference images, existing plans)

• Designer assesses feasibility and provides general guidance

Step 3 - Quotation:

• Designer prepares detailed quotation outlining:

  • Scope of work and deliverables list

  • Project timeline and milestones

  • Fee structure and payment schedule

  • Terms and conditions (reference to these Terms of Service)

  • Quotation validity period (30 days)

Quotations

Quotation Validity:

• All quotations are estimates based on information provided by Client at time of quote

• Quotations are valid for 30 days from date of issue

• After 30 days, Designer may revise quotation to reflect current workload, costs, or project understanding

Quotation Accuracy:

• Quotations are good-faith estimates but NOT fixed-price guarantees (unless explicitly stated as "fixed fee")

• If project scope increases or new complexities are discovered, Designer reserves right to adjust fee

• Client will be notified in writing before any fee increases are applied

• Client may choose to proceed with revised fee or terminate engagement

Quotation Acceptance:

• Client accepts quotation by:

  • Signing and returning quotation document, OR

  • Sending written email confirmation stating "I accept the quotation dated [date]," OR

  • Paying the deposit (payment constitutes acceptance)

Quotation Does NOT Constitute Engagement Until:

• Quotation is accepted in writing by Client, AND

• Deposit is received by Designer

Service Agreements

For Projects Over $5,000 AUD:

A detailed Service Agreement will be prepared and must be signed by both parties before work commences.

Service Agreement Includes:

• Detailed scope of work and deliverables list

• Project timeline with milestones and deadlines

• Payment schedule (deposits, progress payments, final payment)

• Number of revision rounds included

• Intellectual property ownership and licensing terms

• Confidentiality obligations

• Dispute resolution procedures

• Specific terms relevant to the project type (building design vs. photography)

For Projects Under $5,000 AUD:

• Signed quotation serves as the Service Agreement

• These Terms of Service are incorporated by reference

• Designer may still prepare a formal agreement at Designer's discretion

Service Agreements Take Precedence:

• If there is any conflict between these general Terms of Service and a specific Service Agreement, the Service Agreement terms prevail

• Service Agreements can modify, add to, or override these Terms (but NOT remove Client's statutory rights under Australian Consumer Law)

Project Scope & Change Requests

Defined Scope:

• Service Agreement or quotation defines the scope of work and deliverables

• Both parties must stay within the defined scope unless changes are agreed in writing

Scope Changes (Variations):

If Client requests changes outside the original scope:

1. Client submits change request in writing via email

2. Designer assesses impact on timeline, workload, and fee

3. Designer provides variation quote (additional fee and revised timeline)

4. Client must approve variation in writing before Designer proceeds

5. Variation approved = additional work commences

Examples of Scope Changes:

• Adding additional rooms/areas to floor plans

• Requesting additional rendering views beyond agreed quantity

• Changing design direction after initial concept approval (requiring substantial rework)

• Extending photography session duration or adding additional locations

Scope changes do NOT require variation approval:

• Minor refinements within agreed revision rounds

• Clarifications or corrections to meet original specifications

• Designer's own design improvements (at Designer's discretion)

Timeline Impact:

• Scope changes will extend project timeline proportionally

• Original deadline no longer applicable once variation is approved

• New deadline will be specified in variation approval

Revisions Policy

Standard Revisions Included:

• Building Design Services: 2 rounds of revisions on final concept

• Photography Services: 1 round of minor adjustments (color/exposure)

What Counts as a "Revision Round":

• One consolidated set of feedback provided by Client at designated review milestone

• Feedback should be comprehensive and address all concerns at once (not piecemeal changes)

What's Included in Revisions:

• Refinements to design elements within the approved concept direction

• Adjustments to materials, colors, or finishes

• Minor spatial or layout tweaks

• Corrections to meet agreed specifications

What's NOT Included (Requires Additional Fee):

• Complete redesigns or change of design direction

• Scope additions (new rooms, additional views)

• Revisions requested after final delivery and project close-out

• Revisions due to Client's change in preferences (not Designer error)

Additional Revisions:

• Billed at Designer's hourly rate: $[XX] per hour (specify in your contracts)

• Quoted as a fixed fee for substantial revision requests

• Client will be notified of additional charges before work proceeds

Unlimited Revisions Trap:

"Unlimited revisions" is NOT offered because:

• It's unsustainable for Designer and enables scope creep

• It's unclear and leads to disputes about what constitutes a "revision"

• Professional design services are based on defined deliverables, not endless iterations

4.3 Payment Terms

Standard Payment Structure:

For Building Design Services:

• 30% Deposit (non-refundable): Due upon project commencement, before work begins

• 40% Progress Payment: Due upon concept approval or 50% project completion milestone

• 30% Final Payment: Due before final delivery of files

For Photography Services:

• 30% Deposit (non-refundable): Due upon booking confirmation to secure shoot date

• 40% Payment: Due on shoot day before session commences

• 30% Final Payment: Due within 7 days of image delivery notification

Deposit Purpose & Non-Refundable Nature:

The deposit is non-refundable because it compensates Designer for:

• Project planning, research, and preparation time

• Calendar blocking and opportunity cost (turning down other clients)

• Initial consultation and concept development

• Administrative setup and project management

• Scheduling and resource allocation

Deposits are NOT refundable even if:

• Client changes their mind or cancels the project

• Client experiences financial difficulties

• Client finds another designer

• Project is delayed indefinitely due to Client's circumstances

Exceptions (Deposits MAY be refunded):

• Designer cancels due to illness, emergency, or inability to perform services

• Both parties mutually agree in writing to cancel before any work has commenced

• Designer fails to deliver services due to Designer's fault

Payment Methods Accepted:

• Bank Transfer (Preferred): Direct deposit to Designer's Australian bank account (no fees)

• PayPal: Accepted (3% processing fee added to invoice)

• Credit Card (via payment processor): Accepted (3% processing fee added to invoice)

International Clients:

• PayPal or international bank transfer (SWIFT)

• Client responsible for all bank transfer fees and currency conversion costs

• Payment must be received in AUD (Australian Dollars)

Invoice Terms:

• Invoices issued via email in PDF format

• Payment due within 14 days of invoice date (unless milestone payment is due immediately, e.g., deposit)

• Overdue invoices accrue interest at 2% per month (24% per annum)

Late Payment Consequences:

If payment is more than 7 days overdue:

• Designer may suspend all work until payment is received

• Project timeline is extended by the duration of the delay

• Designer reserves right to charge late payment interest

• Continued non-payment (30+ days overdue) may result in project cancellation and forfeiture of all deposits

Final Delivery Withheld Until Payment:

• Final deliverables (high-resolution files, native 3D models, final edited images) will NOT be released until 100% payment is received

• Client may receive low-resolution previews for review purposes, but not final files

• Designer retains all intellectual property rights until full payment

Taxes (GST):

• All prices quoted exclude GST unless otherwise stated

• If Designer is registered for GST, 10% GST will be added to all invoices for Australian clients

• International clients: GST does not apply (export of services)

Tax Invoices:

• Designer