This Agreement is entered into between the clients engaging with HousesandProperties.com for property imaging services, hereinafter referred to as “Client,” and Houses and Properties LTD, a company registered in England and Wales under company number 14977466, hereinafter referred to as “Houses and Properties LTD.” Throughout this Agreement, “Houses and Properties LTD” shall be referred to as “houses and properties” “housesandproperties.com” “us,” “we,” or “our,” while “Client” shall be referred to as “you” “homeowner” “landlord” “agent” “their” or “your”.
By accessing this website and ordering services from us, you fully accept and agree to abide by these terms and conditions, including our Service Agreement for digital and print imagery and videos. These policies are crafted to streamline our collaboration in producing high-quality photographs, videos, and plans for your marketing endeavours. Throughout this agreement, the terms “Photography,” “Video Tours,” “Reels,” and “Floor plans” are used interchangeably and encompass any booking or appointment made through housesandproperties.com. Our objective is to establish a transparent and supportive framework for our services.
Updates to Terms:
Housesandproperties.com reserves the right to update, modify, or replace any portion of these Terms of Service by posting updates and/or changes on our website. It is your responsibility to periodically review this page for any alterations. Your continued use of or access to the website or booking a service following the posting of any changes constitutes acceptance of those changes.
Cancellation and Refund Policy:
Once an appointment is confirmed and payment is made, payment is considered non-refundable. In the event of cancellation or postponement by the client, for any reason whatsoever, the payment made for the appointment will not be refunded. However, if the client postpones the appointment less than forty-two hours before its scheduled time, an 80% cancellation fee will be applicable. This non-refundable policy and the associated cancellation fee apply regardless of the notice period provided for cancellation or postponement. By confirming the appointment and making payment, the customer acknowledges and agrees to these terms. Please note that by confirming the appointment and making payment, the customer also acknowledges that they are waiving their statutory right to cancel within 14 days of booking, as allowed under consumer protection regulations.
Limited Licensing Release:
To provide you with optimal service and support at reasonable pricing, we license the use of all our images. Therefore, the fee quoted is contingent upon
(1) full payment of the invoice,
(2) utilisation of the photographs solely as specified, and
(3) ensuring their protection with appropriate copyright notification. This service agreement constitutes a limited licence photo release. Images delivered to you come with unlimited personal usage, including but not limited to listings on portals.
Third-Party Usage and Copyright Protection:
Builders, architects, businesses, stagers, designers, publications, news outlets, professionals or any third parties seeking to use our images must contact Houses and Properties LTD for licensing and fees. Additionally, a property release must be obtained from the landlord by said third party, in addition to payment.
For image integrity and quality control, we request that images not be altered once delivered. Image editing will be exclusively performed by HousesandProperties.com, with associated fees applicable. Please contact Houses and Properties LTD for an additional release for any/all printed publications. Fees may apply.
Photo credit must be attributed to HousesandProperties.com when used on any social media platform. Unauthorised use of images constitutes copyright infringement and will result in the immediate termination of this contract. Additionally, a fee of 300% of the initial fee will be charged for each unauthorised use of the images. Legal action may also be pursued to safeguard our intellectual property rights.
Acceptance of Images and Limitation of Liability:
By engaging with Houses and Properties LTD for property imaging, VR, Matterport, Aerial and floor plan services, you, the Client, acknowledge and agree that the photographs, videos, and other digital content produced (the “Images”) are true representations of the property as it appeared at the time of the shoot. You confirm that you have reviewed the files / images and accept them as an accurate likeness of the property.
You further agree to indemnify and hold harmless Houses and Properties LTD, its photographers, and agents from any claims, damages, or liabilities arising from any alleged misrepresentation, distortion, or inaccuracy in the Images. This includes, but is not limited to, claims by third parties such as prospective buyers, tenants, or other agents, regarding the depiction of the property in the Images.
This clause applies to all forms of media and content produced by Houses and Properties LTD, including digital, print, and online platforms. By proceeding with the booking and accepting delivery of the Images, you confirm that you release Houses and Properties LTD from any such claims.
Service Continuation and Hosting:
Virtual tours and 360 Matterport will remain active as long as the client continues to pay the monthly online hosting fee.
Copyright Notice:
Houses and Properties LTD holds the copyright for all its images. HousesandProperties.com retains all copyrights, expressed and implied, for all images captured. Copyright remains with Houses and Properties LTD and will not be transferred to any other party. Licensing for various image applications may be obtained; please contact us for further details.
Client Policy:
Houses and Properties LTD is not obligated to retain copies of photos, floor plans, reels, or virtual tours once they have been emailed to the client.
After the appointment is completed, download links sent to clients expire. Therefore, clients are encouraged to download and store copies of files on their desktop immediately upon receiving the link from Houses and Properties.
Preparation for Photoshoots:
To ensure optimal results of the photoshoot, please ensure the property or site is prepared prior to the scheduled shoot time. We adhere to a strict time schedule for every shoot, valuing both your time and ours. The client’s responsibility includes ensuring the property is ready for the virtual tour to be produced at the arranged time. HousesandProperties.com does not handle any cleaning, dusting, or furniture rearrangement. Homeowners must ensure there are no hazards to the photographer’s safety. While photographers will accommodate agents and/or homeowners regarding pets, they are not pet wranglers. If pets may pose an issue, please notify us when booking services. Generally, we photograph the entire home. However, if utility rooms or closets are desired, please inform us prior to the shoot
If you require detailed photographs or recording or annotation of products, items, or furniture, this will need to be specified in writing, prior to the commencement of your booking. A fee for such service will be added to the booking.
Conversations had with the photographer on-site/at the property will not be binding. If you require changes/amendments or add-ons, this must be made in writing via email, hello@housesandproperties.com
Please note that Houses and Properties LTD may utilise subcontracted photographers who have been vetted for their expertise. However, the contractual relationship for the provision of services remains between Houses and Properties LTD and the Client, and all terms and conditions outlined herein apply regardless of the photographer engaged for the assignment.
Delivery:
Although we aim to deliver the photographs, videos and floor plans within 24 hours, sometimes, due to unforeseen circumstances, we may not be able to do so. In this eventuality, we will aim to deliver any photographs, videos or floor plans as soon as they become available. We ask for your patience should this be the case.
Weather Policy:
- There will be times services may not be completed due to weather. In those circumstances, the decision to shoot the property is up to the agent/client. If the agent/client chooses to proceed with their booking, we will provide the best service we can. If additional outdoor photos are required on a better weather day, our standard re-shoot fee will apply.
- Reschedules will be subject to availability.
Payment Policy:
- Payment is due immediately before the confirmation of the appointment.
- Credit card payments are processed online.
- The photo release is not authorised until payment is received in full.
- Failure to pay for the images will result in a copyright infringement. You will be asked to remove the image from any electronic or printed form of advertisement. Failure to stop using them will result in legal action.
- In the event of a chargeback, we ask that you work with us to resolve the case. During the chargeback process, we will expect you to remove our photographs from any publications or websites. If we are not able to clear the payment, we shall seek payment through a legal proceeding.