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,” “Houses and Properties,” “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,” “developer,” 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 the comprehensive digital and print imagery and video solutions we provide (hereinafter collectively referred to as “the Services”). These terms are intended to establish a clear and professional understanding between us in the provision of these Services for your marketing needs.
1. Services Provided HousesandProperties.com offers a range of property imaging and digital content creation services, herein referred to as “the Services.” These Services may include, but are not limited to:
- Photography: Still images of properties, interiors, and exteriors.
- Video Tours: Guided video walkthroughs of properties.
- Reels: Short-form video content for social media and marketing.
- Floor Plans: 2D or 3D representations of property layouts.
- Virtual Reality (VR) Tours: Immersive 360-degree virtual experiences of properties (e.g., Matterport tours).
- Aerial Imaging: Photography and videography captured from drones.
Any booking or appointment made through HousesandProperties.com, encompassing any or all of the above, falls under the scope of “the Services” as defined in this Agreement.
2. 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 any subsequent removal or attempted removal of the images from any platforms.
3. Cancellation and Refund Policy Once an appointment is confirmed and payment is made, the payment secures your photographer’s dedicated time slot.
3.A. Rescheduling & Postponement Policy:
3.a.1. With Ample Notice (More than 42 hours before the appointment): Clients may reschedule or postpone their confirmed appointment free of charge, provided they notify us more than forty-two (42) hours prior to the scheduled appointment time. The original payment will be transferred to the new booking. Rescheduling is subject to photographer availability. Please note that this free rescheduling is permitted once per booking. Any subsequent rescheduling of the same appointment, even if more than 42 hours’ notice is given, will incur an 80% rescheduling fee of the original booking value.
3.a.2. With Insufficient Notice (Less than 42 hours before the appointment): If a client postpones the appointment less than forty-two (42) hours before its scheduled time, a rescheduling fee of 80% of the original booking value will apply and be deducted. This fee compensates for the lost opportunity to book another client within this short timeframe. The remaining 20% of the original payment will be credited towards the rescheduled appointment, and further 80% rescheduling fee must be paid by client before the new appointment can be confirmed.
3.B. Cancellation Policy (Non-Refundable):
3.b.1. In the event of cancellation by the Client, for any reason, the payment made for the appointment is non-refundable. This policy applies regardless of the notice period provided for cancellation.
3.C. Statutory Right to Cancel & Waiver (Consumer Contracts Regulations 2013): 3.c.1. By confirming the appointment and making payment, the Client acknowledges and expressly requests that our photography services commence immediately or within the statutory 14-day cancellation period, understanding that they will lose their right to cancel the contract under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 once the service has been fully performed. Should the Client cancel within the 14-day period but before the service is fully performed, a charge for any services provided or expenses reasonably incurred up to the point of cancellation will apply, and the remainder of any payment made will be non-refundable as per section B above.
3.D. Agreement to Terms:
3.d.1. By confirming the appointment and making payment, the Client acknowledges and expressly agrees to these full terms regarding payment, rescheduling, and cancellation.
4. Use of Additional Sleeping Areas The booking price is based on the number of bedrooms selected at the time of reservation. Undeclared bedrooms will be prorated to reflect the price at the time of booking and may result in additional charges or a rescheduling of your session.
5. 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 home they wish to be photographed. To ensure efficient use of the scheduled photography session, which is typically allotted 45 minutes to 1 hour 15 minutes for 1-2 Bedroom Properties (Flat/Small House) and 1 hour to 1 hour 45 minutes for 3-4 Bedroom Properties (Standard Semi/Detached), and to accommodate our pre-booked schedule for other clients, we strongly advise providing any specific shot requests or detailed instructions in advance.
While we strive to meet all client preferences, extensive on-site direction that causes the session to significantly overrun its allotted time may necessitate a condensed approach to remaining shots or, in extreme cases, require the photographer to adhere strictly to the end time to fulfil subsequent appointments. 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 and Houses and Properties selections are based on their expertise and experience in creating property imagery.
6. Selection and Editing of Images
6.1. The Client may request specific images for editing, provided they submit their preferences in writing after booking or before the commencement of the shoot. The specific number of finalised images the Client will receive is stated on the service page. Any requests for additional edits beyond what is specified must be submitted in writing and may incur an additional prorated fee. 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 endeavour to maintain the same standard of quality in the Services delivered.
To avoid miscommunication or misunderstanding, our full-priced, non-discounted photography packages will include a set number of final images based on bedroom count as follows: 1-bedroom properties receive 15 images, 2-bedroom properties receive 18 images, 3-bedroom properties receive 22 images, 4-bedroom properties receive 25 images, and 5-bedroom properties receive 30 images. These numbers are final unless otherwise confirmed in writing. This applies equally to other space types such as restaurants, bars, showrooms, studios, offices and event spaces, where no more than 30 images shall be expected.
6.2. Please note that all image credits or allowances provided as part of a photography package are strictly allocated to the specific property for which the booking was made. Any unused image balance cannot be transferred or applied to Services for other properties, regardless of whether they are owned or booked by the same client.
7. Acceptance of Images and Limitation of Liability By engaging HousesandProperties.com for the 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, clerks 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.
8. Licensing Release 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 online property portals. This limited license is for the purpose of marketing that specific property for sale or rent only.
9. Third-Party Usage and Copyright Protection Builders, architects, developers, businesses, stagers, designers, publications, news outlets, professionals, or any third parties wishing to use our images must contact HousesandProperties.com for licensing and fees. 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.
10. Copyright Notice HousesandProperties.com holds the copyright for all images it produces. All photographs are the exclusive property of the HousesandProperties.com and are protected under the Copyright, Designs and Patents Act 1988. HousesandProperties.com retains all copyrights, both expressed and implied, and ownership is not transferred to any other party. Licensing for specific image applications may be available upon request—please contact us for details. By commissioning our Services, the client (including but not limited to property owners, agents, or tenants) grants HousesandProperties.com permission to access and photograph the property. Unless expressly agreed in writing, HousesandProperties.com retains full copyright ownership and reserves the right to use any images created for marketing, promotional, portfolio, or editorial purposes across both digital and print media, including third-party platforms.
Requests to license image usage rights must be submitted in writing and are subject to a separate agreement, additional licensing fees, and a defined term of use. Copyright and ownership do not transfer upon payment for Services and will remain solely with HousesandProperties.com unless specifically agreed otherwise in a signed rights agreement. Requests for the removal of published images must also be made in writing and will be considered on a case-by-case basis. Approval is at the sole discretion of HousesandProperties.com and must be supported by a valid legal or contractual justification. Submission of such a request does not guarantee removal.
11. 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 after 4 days. Therefore, the Client is strongly encouraged to download and store copies of files on their desktop immediately upon receiving the link from HousesandProperties.com.
12. 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 to HousesandProperties.com. The Client will be expected to set up an automated monthly payment to HousesandProperties.com for this service. The Client acknowledges that Matterport hosting services are provided by a third-party company, independent of the Photographer. As such, any fees associated with the hosting of Matterport tours are subject to change by the service provider.
Houses and Properties shall not be held responsible for any increase in hosting fees imposed by Matterport or its affiliates. HousesandProperties.com does not charge an administration fee on the hosting of clients’ Matterport tours. In the event of a price increase by the third-party provider, the Client will be responsible for any additional costs required to maintain hosting beyond the originally agreed term. The Photographer will make reasonable efforts to notify the Client of such changes in a timely manner upon receiving notice from the hosting provider.
13. 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.
14. 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.
15. 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.
16. 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.
17. 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.
18. 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.