This Agreement is entered into between HousesandProperties.com, a company registered in England and Wales under company number 14977466, hereinafter referred to as “HousesandProperties.com,” “us,” “we,” or “our,” and the Client, who is engaging with us for property imaging services. The Client may also be referred to as “you,”“homeowner,” “landlord,” “agent,” or “your.”
By accessing this website and ordering services from us, you acknowledge and agree to abide by these terms and conditions, including our Service Agreement for digital and print imagery and videos. These terms are intended to establish a clear and professional understanding between us in the provision of photographs, videos, and floor plans for your marketing needs. The terms “Photography,” “Video Tours,” “Reels,” and “Floor Plans” are used interchangeably and refer to any booking or appointment made through HousesandProperties.com.
1. 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 review this page regularly for any changes. Your continued use of the website or booking a service following the posting of any changes constitutes acceptance of those changes.
2. Cancellation and Refund Policy
Once an appointment is confirmed and payment is made, the payment is considered non-refundable. In the event of cancellation or postponement by the Client, for any reason, the payment made for the appointment will not be refunded. If the Client postpones the appointment less than forty-two (42) hours before its scheduled time, an 80% cancellation fee will apply. 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 Client acknowledges and agrees to these terms. Please note that by confirming the appointment and making payment, the Client also acknowledges the waiver of their statutory right to cancel within 14 days of booking, as stipulated under consumer protection regulations.
3. Selection and Editing of Images
HousesandProperties.com retains sole discretion to select and professionally edit the images that we determine to be the best representations of the property. The Client acknowledges and agrees that image selection and editing will be conducted in line with professional standards. Any specific requests for additional edits or selections beyond what is provided must be submitted in writing and may incur additional fees.
The Client further acknowledges that they have reviewed our portfolio prior to engaging our services and are satisfied with the standard of work we provide. HousesandProperties.com shall endeavor to maintain the same standard of quality in the services delivered.
4. Limited Licensing Release
To offer our services at reasonable pricing, we license the use of all our images. Therefore, the fee quoted is contingent upon:
- Full payment of the invoice.
- The use of the photographs solely as specified.
- Protection of the images with appropriate copyright notification.
This Service Agreement grants the Client a limited licence for personal use of the images, including, but not limited to, listings on property portals.
5. Third-Party Usage and Copyright Protection
Builders, architects, businesses, stagers, designers, publications, news outlets, professionals, or any third parties wishing to use our images must contact HousesandProperties.com for licensing and fees. In addition, a property release must be obtained from the landlord by the third party, along with payment.
For image integrity and quality control, we request that images not be altered once delivered. Image editing will only be carried out by HousesandProperties.com, and associated fees will apply. Please contact us for additional release requirements for printed publications. Fees may apply.
Photo credit must be attributed to HousesandProperties.com when used on any social media platform. Unauthorised use of images will result in the immediate termination of this Agreement. Additionally, a fee of 300% of the initial fee will be charged for each unauthorised use of the images. Legal action may also be taken to protect our intellectual property rights.
6. Acceptance of Images and Limitation of Liability
By engaging HousesandProperties.com for property imaging, VR, Matterport, Aerial, and floor plan services, the Client acknowledges 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. The Client confirms that they have reviewed the files/images and accept them as an accurate likeness of the property.
The Client further agrees to indemnify and hold harmless HousesandProperties.com, 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 HousesandProperties.com, including digital, print, and online platforms. By proceeding with the booking and accepting delivery of the Images, the Client confirms that they release HousesandProperties.com from any such claims.
7. Service Continuation and Hosting
Virtual tours and 360 Matterport tours will remain active as long as the Client continues to pay the monthly online hosting fee.
8. Copyright Notice
HousesandProperties.com holds the copyright for all its images. HousesandProperties.com retains all copyrights, expressed and implied, for all images captured. Copyright remains with HousesandProperties.com and will not be transferred to any other party. Licensing for various image applications may be obtained; please contact us for further details.
9. Client Policy
HousesandProperties.com 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 the Client expire. Therefore, the Client is strongly encouraged to download and store copies of files on their desktop immediately upon receiving the link from HousesandProperties.com.
10. Payment Policy
Payment is due immediately before 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 copyright infringement. The Client will be required to remove the images from any electronic or printed form of advertisement. Failure to comply will result in legal action. Furthermore, even after the images have been removed, we reserve the right to pursue legal damages against any party in breach of this contract for non-payment of services rendered, irrespective of the removal of images from any platforms.
11. Force Majeure
Neither party shall be liable for any failure to perform its obligations under this Agreement if such failure is caused by events beyond the reasonable control of the party, including but not limited to acts of God, war, pandemics, government restrictions, or any other unforeseen circumstances that prevent or delay the performance of obligations under this Agreement.
12. Data Protection and Privacy
HousesandProperties.com will process any personal data provided by the Client in accordance with applicable data protection laws, including the Data Protection Act 2018 and GDPR. We will use personal data solely for the purpose of delivering our services and will not disclose such data to third parties without the Client’s consent, except as required by law.
13. Dispute Resolution and Governing Law
Any dispute or claim arising out of or relating to this Agreement shall be resolved through good faith negotiations between the parties. If the dispute cannot be resolved amicably, the parties agree to submit to mediation before resorting to legal action. This Agreement shall be governed by and construed in accordance with the laws of England and Wales, and any disputes will be subject to the exclusive jurisdiction of the courts in England and Wales.
14. Indemnity
The Client agrees to indemnify, defend, and hold harmless HousesandProperties.com, its directors, officers, employees, and agents from and against any and all claims, liabilities, damages, losses, or expenses, including legal fees, arising from the Client’s use of the deliverables, including but not limited to any misrepresentation, infringement, or legal violation arising from the use of the Images or services provided under this Agreement.
15. Severability
If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, illegal, or unenforceable, the remaining provisions of this Agreement shall remain in full force and effect. The invalid, illegal, or unenforceable provision shall be replaced with a valid provision that most closely reflects the original intent of the parties.
16. Client Guidance on Photography Angles and Areas
The Client may, at their discretion, provide guidance to the photographer regarding specific angles or areas of the property they wish to be photographed. If the Client chooses not to provide such guidance or specific instructions, it shall be deemed that the Client accepts the photographer’s professional judgment regarding the angles and areas to be photographed. The Client acknowledges and agrees that the photographer’s selections are based on their expertise and experience in creating property imagery.