Terms and Conditions

Terms and ConditionsTerms and Conditions.

Please read our terms and conditions below, and if you have any queries contact us anytime.

“Material” or “Media” means images, floor plan, video or any other item supplied by us.

“Us” or “we” or “our” means “Real Estate Pics and Floor Plans” ABN 78278969700

“You” or “Client” means the Agency, Agent, Vendor, or entity as shown on an invoice.

By engaging the services of Real Estate Pics and Floor Plans, you hereby agree to comply with all the terms and conditions as set out on this page.

TERMS AND CONDITIONS

  1. Copyright.

All material supplied and produced by us is copyright.  We are the copyright holder and retain ownership of all media .  The fee you pay  includes a licence for you to use the materials for your intented use.   The fee does not include ownership of the media.  The materials  may not be on-sold, sub leased, or given to any 3rd party or commercial entities without written permission.  Fees apply depending on usage.

  1. Licence.

Upon full settlement as per the terms on the invoice the client is granted a licence.  This license entitles the client (or their appointed real estate agent if engaged directly by the property owner) to use the material for the purpose marketing of a property for sale or rent, for a time limit based on the life of the property listing with the current contracting client (real estate agent).  Once the property is sold, the licence is no longer valid, and the client, and any 3rd parties do not have a licence to use images in any way.  If the licence is for business use , then the licence will remain in place for the time specified on the invoice.   The Licence cannot be transferred nor sold to another party without permission in writing from Real Estate Pics and Floor Plans.  Re-licence fees may apply.  The licence is automatically revoked if the client is placed into receivership or liquidation.

  1. Distribution and Archival of Images.

Real Estate Pics and Floor Plans will provide the images for your use by website download link via email.  The original material are stored for archival purposes, but this cannot be guaranteed. No claim will be made against Real Estate Pics and Floor Plans for the loss of these images.  Archive fees apply for retrieval of images after the 30 day download period.

  1. Promotional Use and 3rd Party Re-license.

Real Estate Pics and Floor Plans retain the right to use images for any purpose or self promotion by any means. We retain the right to re-license material for 3rd party usage.

  1. Client’s materials.

The Client accepts full responsibility for any materials that they supply for use in the images and that the materials are adequately insured against loss, damage or liability.  Real Estate Pics and Floor Plans will not be liable for any damages arising from images taken that contain any illegal activity or object as defined by Australian law.

  1. Travel.

Fees apply for travel outside Brisbane Metro area.

  1. Payment.

Full payment by the client will be required either before photos are released or as otherwise stipulated on the Invoice.  Failure to pay within the agreed time frame will result in a breach of Copyright.  A late fee will apply for payments not received by the due date.  If the client does not pay the invoice and late fee, then the client acknowledges that a debt collection agency will be engaged to recover the invoice and late fee amount.  The client acknowledges that they will additionally be responsible for the debt collection agency fees.

  1. Indemnity.

Real Estate Pics and Floor Plans shall not be liable for any legal action, claim or damages resulting from or arising out of the publication of the material or other use by the client. The client shall indemnify Real Estate Pics and Floor Plans against any claims and/or damages as a result of the client’s use of the material.

  1. Client Approval.

If the client is not present or represented by an agent during the photography shoot then interpretation of the assignment by Real Estate Pics and Floor Plans will be accepted.  Reshoot fees apply for a 2nd visit to the property.

  1. Client Confidentiality.

Real Estate Pics and Floor Plans treats and respects any information the client provides provide as strictly confidential and will not be sold or traded to a third party.

  1. Client Responsibilities.

It is the client’s responsibility to ensure the tidiness of the commissioned assignment and to ensure the property is ready for photographing and that the property is presented to its full potential.  We accept no responsibility for the tidying, cleaning or dust and dirt on any surface of the assignment.  Material may be been manipulated, so please check on the appropriate laws relating to the publication of these images. The party which has ordered these materials agrees to assume all legal liabilities relating to the publication of these materials.

  1. Floor plans –

    Whilst every attempt has been made to ensure the accuracy of  any floor plans all measurements shown or implied are approximate and no responsibility is taken for any error, or omission, nor is any warranty given. Kitchen, bathooms, appliances, fixtures, fittings or any other items shown are representative only, and do not necessarily match what is in the property. Different levels may not align correctly. These plans are for illustrative purposes only and should be used as such.

  2. Virtual Furniture  –

    Whilst every attempt has been made to ensure any virtual furniture is to size and scale,  all virtual furniture shown or implied are approximate only in sizing and scale and no responsibility is taken for any error, or omission, nor is any warranty given.  Virtual furniture is for illustrative purposes only and should be used as such.

  3. Cancellation or Callout Fee –

    Cancellation or callout fee applies with less than 24 hours notice to cancel or change a booking.

  4. Weather –

    In severe weather conditions, and at our discretion, we may cancel a shoot.  Cloudy or light rain is not considered severe, and we will continue to shoot under these conditions. If you require perfect weather for the shoot, extra fees may apply, and must be noted at the time of booking.

  5. Retouching – all delivered images include standard high end retouching.  Some advanced retouching requires a surcharge per item.
  6. These terms and conditions may be varied without notice.

Any questions contact us anytime.

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