TERMS & CONDITIONS

Welcome to ProClicks Photography (“ProClicks”), and thank you for visiting our client photo gallery! We’re thrilled to have you here and excited to help you find your perfect photos. Please read these Terms and Conditions (“Terms”) carefully. By placing an order, you accept the Terms as set forth below. 

Please note, these Terms may change, so please check back for updates. Last update: 15 FEBRUARY 2025

HOW TO CONTACT

For questions concerning these Terms, please reach out to our Customer Care team:

  • Phone: 254.340.0442 extension #1
  • Email: CustomerCare@ProClicks.co

TERMS

MERCHANDISE DESCRIPTION AND PRICING: We strive to be as accurate as possible in our content and pricing. However, we cannot guarantee that the product descriptions, specifications, pricing, or any other content on the site is accurate, complete, or current. If a product is listed at an incorrect price because of typographical, photographic, or technical error, or an error in pricing information received from our print labs, ProClicks has the sole option to either honor the incorrect price and process the order, or to refuse and cancel orders placed for merchandise listed at the incorrect price.

MODIFYING OR CANCELLING YOUR ORDER: When you submit your order it is immediately transferred to the print lab. Once submitted, your order cannot be modified or cancelled.

REFUNDS:

  • In General: Unless otherwise noted, because of the custom design of our prints and products, all sales are final.
  • Digital Downloads: Digital downloads are non-refundable.
  • Incorrect Orders or Quality Issues: We strive to deliver the exact photos you ordered and at the highest quality possible; however, sometimes we miss the mark. In those cases, we will correct and/or reprint your order at no charge to you. For quality assurance purposes, we may require the defective photos or order be returned.

RETURNS:  Unless specifically requested by us, returns are not accepted.

PAYMENT: Payment in full is required at the time you place your order. We accept are all major debit/credit cards, as well as Google and Apple Pay.

SALES TAX: State Sales tax is calculated based on your billing address and the items purchased, and is collected on all orders.

SHIPPING: All packages are shipped directly to the address you provide during checkout.

  • Packaging: Depending on the contents of your order, it will either packed in a rigid shipping envelope, a tube, or sealed in a box cushioned with bubble wrap. Prints with a length less than 20 inches are shipped flat. Prints exceeding 20 inches in length, banners, and clingers are shipped in a tube.
  • Delivery Method: Your order is shipped via the United States Postal Service (USPS) or UPS. Normally, delivery time varies between 5-10 days; however, delays are possible due to circumstances beyond the carrier’s control, i.e., inclement weather. In addition, carriers may not operate on certain holidays which can delay delivery.
  • Costs: Shipping cost is between $5.25 to $22.95, and is determined by the weight and dimensions of the package, as well as your ship to address and the delivery method. The print lab has negotiated special rates with the carriers. To ensure the fastest and most economical shipping possible, the delivery method is selected by the print lab.
  • Lab Processing Time: Lab processing time is between 1-6 days depending on the products. It may take an additional 1-3 days during the peak seasons of April-May and September-November, as well as holiday closures. Lab processing time is in addition to delivery time.
  • Lost or Damaged Shipments: We are not responsible for merchandise that is damaged or lost in transit, or becomes missing after a carrier has delivered the merchandise (including stolen merchandise). Once a package is confirmed as delivered by the shipping carrier, ProClicks has fulfilled its obligation to fulfil the order. Delivery confirmation ensures the package reached the designated location, and any loss or issues after delivery, such as misplacement or theft, are unfortunately outside of our control. We encourage you to track your shipments closely and contact carriers for assistance in case of any delivery discrepancies.

PHOTO AND PRODUCT COPYRIGHT: Under U.S. and International copyright laws, ProClicks is the exclusive copyright owner of all photographs we capture and all photographic products we design and create. As such, we reserve the right to use any image or product for our advertising and promotional purposes.

WARNING: Screenshotting photos is a crime. We will pursue legal action against anyone doing so.

DIGITAL DOWNLOADS: The Photographer grants to you, the purchaser, an exclusive, perpetual, and limited worldwide Copyright License for your use of the photos hereto, subject to the following restrictions:

  • Without the Photographer’s prior approval, you cannot alter, edit, or manipulate a photo that changes the likeness of a person in the photo from that delivered by the Photographer.
  • You cannot sell, lease, loan, assign, donate, or otherwise give away photos, whether in print or digital form, to any person, business, or organization.
  • Unless created by and purchased from the Photographer, using these photos to create photo products of any type, other than prints, is prohibited without first purchasing a Use License from the Photographer. Examples of photo products include, but are not limited to, clothing, hats, banners, mugs, buttons, water bottles, plaques, keychains, or photo magnets.
  • Photos cannot be used commercially without first purchasing a Commercial Use License.

PHOTO PRINTING: A Print Release is provided for all full-resolution “Print Quality” digital downloads. This Print Release does not apply to low-resolution digital downloads sold as “Screen View.” Under this Print Release, you can make an unlimited number of high-resolution prints from any vendor of the your choosing. This authorization applies worldwide and includes online print orders. NOTE: ProClicks is not liable for the print quality, cropping, paper quality, color accuracy, or delivery of the prints if the prints are not ordered directly from ProClicks.

FORCE MAJEURE: ProClicks is not liable for loss, cancelation, or delay of orders that results from an act of God, natural disaster, accident, pandemic, civil disturbance or similar occurrence, terrorist attack, acts of government or governmental agencies or instrumentalities, general disruption of the Internet, or general inability of our platforms, service providers, or partners to provide requested services, or national carriers to make scheduled deliveries.

DISCLAIMER AND LIMITS OF LIABILITY:

  • ProClicks make no representations or warranties, either express or implied of any kind regarding products sold on this site, including but not limited to merchantability and fitness for a particular purpose.
  • You agree that the sole maximum liability for us arising from any product sold on this website shall be the price you paid for your order, minus shipping and tax.
  • In no event shall we, our officers, employees or other representatives, be liable for special, indirect, consequential, or punitive damages related to products sold.
  • You agree that we, our officers, employees, or other representatives shall not be liable for damages arising from the operation, content, or use of www.proclicksphoto.com.

SEVERABILITY: If any provision of these Terms is held invalid, illegal or unenforceable by a court of competent jurisdiction, all other provisions of the Terms will be valid and enforceable.

GOVERNING LAW: These Terms shall be governed by and construed and enforced under the laws of the State of Texas. The venue for any action to enforce the Terms shall be McLennan County, Texas.

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