Terms and Conditions
Version: DRAFT-v1 · Effective date: to be set when the final version is activated
Document under legal review
This is a preliminary version under legal review. It is not the final version.
These Terms and Conditions govern the hiring of the photography and video services of NATIVE — Photo & Film.
By confirming a booking you accept these Terms in the version in force at the time of confirmation.
1. Service provider
The services described in these Terms are provided by NATIVE — Photo & Film.
Business contact: hola@nativephoto.mx.
2. Quote, acceptance and booking
Hiring takes three steps: you receive a quote, you accept it, and you confirm your booking by accepting these Terms.
When you confirm, we record the version of the Terms you accepted, the date and time of acceptance, and technical evidence of the acceptance (for example, the browser used and the IP address).
3. Quotes and prices
A quote is valid for 7 calendar days and never extends past the end of the event day, in the event city's local time.
Prices are in Mexican pesos (MXN) and include VAT (IVA). Where applicable, the breakdown Subtotal + VAT = Total is shown.
The price, package, extras and conditions of your quote are fixed when the quote is generated and are the ones applied to your booking.
4. Payments and booking confirmation
The required payment depends on the calendar days remaining until the event, counted on the event city's calendar:
- Events 8 or more days away: 60% of the total is required to confirm the booking. The remaining 40% is due no later than 7 calendar days before the event.
- Events 2 to 7 days away: 100% of the total is required to confirm the booking.
- Events 0 to 1 day away: the request is reviewed by NATIVE. It is not confirmed automatically and no payment is requested automatically; NATIVE will contact you to confirm availability.
4.1 Overdue balance
If the balance is not paid by the stated date, the booking is not cancelled automatically. NATIVE will contact you to resolve the payment and may suspend final confirmation and performance of the service while the balance remains outstanding.
5. Payment processing
Card payments are processed by Conekta, a third-party payment processor. NATIVE does not receive or store your card details.
Your booking is considered confirmed when the payment processor confirms the required payment.
6. Deliverables
The deliverables and, where applicable, their delivery times are those stated in the package and quote you hired.
There is no general number of photographs or general delivery time for all services: what your package describes applies.
7. Rescheduling
You may request to reschedule your event, subject to NATIVE's availability. Rescheduling carries a fee of 3% of the value of the package hired, calculated on the value including VAT.
The extraordinary third-party costs described in section 12 are separate from this fee and are handled separately.
8. Cancellation by the customer
If you voluntarily cancel your booking, 100% of the amount actually paid for the cancelled service becomes NATIVE Credit. NATIVE Credit is not a cash refund.
The NATIVE Credit is valid for 12 months from the cancellation date and may be transferred to another person only once.
9. Cancellation attributable to NATIVE
If NATIVE cannot provide the service hired for a reason attributable to NATIVE, it will refund 100% of the amount actually paid.
10. Force majeure
If the event cannot take place because of force majeure, outside the control of both parties, we will first try to reschedule it.
If rescheduling is not possible, NATIVE will refund 80% of the amount actually paid. The remaining 20% covers the administrative, operational and preparation costs already incurred.
11. Refunds
When a monetary refund applies, NATIVE will process it within a maximum of 10 business days from its approval.
Any additional time for the funds to appear depends on your bank or the payment method used.
12. Extraordinary third-party costs
Extraordinary third-party costs are handled separately from the service price only when they are real, specifically attributable to your event or service, non-recoverable by NATIVE and supported by documentation.
This section does not allow NATIVE to charge or deduct its normal operating costs.
13. Use of images
NATIVE will only use the photographs or videos of your event for portfolio, advertising or marketing purposes if you give specific consent, separate from these Terms.
That consent is optional: it is not a condition for hiring NATIVE.
14. Personal data
The processing of your personal data is governed by our Privacy Notice.
15. Governing law and dispute resolution
These Terms are governed by the applicable laws of the United Mexican States.
If any disagreement arises, please write to us first at hola@nativephoto.mx so we can try to resolve it directly and in good faith.
Nothing in these Terms limits the rights granted to you by consumer protection law. Where applicable, you may go to the Federal Consumer Protection Agency (PROFECO) or any other competent authority.
16. Language and contact
These Terms are published in Spanish and English. In case of any discrepancy between the two versions, the Spanish version prevails.
For any questions about these Terms, write to hola@nativephoto.mx.