Every offer to provide services by us must be read together with these terms. These terms define our working relationship with you, apply from the date of your enquiry, and cover all of the services we provide, whether or not this agreement is signed.
Our services will only be supplied subject to these terms. Any terms and conditions received with a purchase order are expressly rejected and will have no force or effect. If there is any part of our costs that you do not understand, please let us know before asking us to start work.
1. What we do
- We create photographs, videos, floor plans and 3D showcases (“Images”) of residential and commercial property to assist Real Estate Agents, Real Estate Agencies and owners for the purposes of marketing before selling or renting those properties.
- Images are in digital format and will be made available via a file sharing site, for which you get email access. You will be able to download or share from that website for the period the property is advertised for sale or rent, until sold, rented or withdrawn from market by you or the agent marketing the property at the time the images were taken (Licence Period). Additional digital or physical copies of images can be made available on request, for an additional fee.
- We will provide the services in a professional and competent manner and will let you know our progress.
- We may subcontract part of the work or use external suppliers. Any subcontractors or external suppliers will be bound by the terms of this agreement.
- We will maintain appropriate certificates, licences and insurance necessary to carry out the services.
2. Additional services and variations
- We can assist you with services not already identified in a verbal or email confirmation. This will require a new agreement and attract an additional cost. Any additional work outside the scope of our confirmation, including small tasks and variations, will be itemized and invoiced as additional work.
- Additional licence fees will apply if you wish to use the Images for any other purpose.
3. How long will it take?
- We aim to deliver the services you have requested within the time frames that we have promised. Naturally, if we are waiting on you to give us specific information, those time frames will be affected and we may need to revise the end date.
- If something happens that is beyond our control like a force majeure event, and it is going to delay the time of delivery of the services, we will let you know straight away and tell you our revised due date.
- For the purpose of this agreement, force majeure event means an event that is beyond our control not limited to weather event, fire, earthquake, labour dispute, act of God, death, illness or incapacity affecting us or any local, state, federal, national or international law or governmental order.
4. Your Responsibilities
- You will promptly respond to any request we make for information required to deliver the services. If you withhold information, this may affect our services.
- You will cooperate with us so that we can complete the services in a timely and efficient manner. This includes providing us access to the property at an agreed date and time.
- You will pay our accounts on time.
5. Intellectual property & copyright
- All intellectual property rights in the Images we produce for your benefit remains with us. We grant you the exclusive right to use that intellectual property only for the purpose it was provided, and for no other purpose.
- We are granting you a licence to use the Images for the Licence Period (see clause 1.2). A Copyright Licence will be provided to you, and forms part of this agreement.
- The Images are produced specifically for you and only you have permission to use them. Images cannot be made available to a third party without our written consent.
- You agree to indemnify us against any claims, actions, loss or damage (including legal costs) arising directly or indirectly from any unauthorized use of the copyright works or other intellectual property in the Images provided to you.
- No modifications, changes or alternations may be made to any Image or Images without our prior written consent.
- We reserve all rights to use the Images for any purpose we see fit, including without limitation advertising, display, publication, website and print advertising, social media, business cards or posters.
- Where the services include 3D virtual showcase of your property, we will host the 3D virtual showcase for a period of 9 months.
- We will provide you with a link to the hosting platform where the 3D virtual showcase is hosted, and you will be able to upload and share that link during the Licence Period (see clause 1.2).
- Continuous access to the hosting platform is dependent on third party services. As a result, the hosting platform may be inaccessible from time to time.
- We disclaim all liability for any computer virus or technological problems that we do not intentionally cause or that is beyond our control. You are encouraged to install and maintain up-to-date security software on your computer systems.
- You agree to pay the cost of the services set out in our fee proposal, whether that is verbal or written. Any quoted prices are valid for acceptance for a period of 30 days and otherwise subject to change. Additional services will be invoiced separately.
- Prices are stated inclusive of GST.
- Any deposit payable must be paid before we start work.
- If you are the owner of the property being photographed, payment of invoices is required on receipt of the invoice. Methods for payment are described on the invoice.
- If you are a Real Estate Agent or a Real Estate Agency, payment of invoices is required within seven day of receipt of the invoice. Methods for payment are described on the invoice.
- We reserve the right not to release Images to you until full payment of the invoice has been received.
- Interest is payable on unpaid invoices at a rate of 8% per annum, compounding monthly. Overdue invoices may be referred to debt collection for management.
8. Cancellations, termination and refunds
- Once the work is started, any deposit paid is not refundable.
- If you do change your mind and wish for us to cease work, you will pay us a reasonable amount for the work we have completed at the time you let us know that you don’t want us to proceed.
- We may terminate this agreement at any time by providing you with written notice and you will pay us a reasonable amount for the work we have completed based on our initial engagement for the work, and for the expenses already incurred at the time we let you know the project is terminated.
- We rely upon you to provide timely materials and responses to our requests for information. If after repeated attempts to begin, continue or finalise the delivery of services you fail to participate or become unresponsive to our emails or phone calls for a period of ten (10) business days without explanation (abandonment), we will terminate the services.
- If the services are terminated due to abandonment, we are under no obligation to continue to provide any services to you.
- Any additional fees due at the time of cancellation or termination will be invoiced by us and payable within seven days.
9. Third party products and services
- If we make any third party recommendations, we do so because to the best of our knowledge they are professional and successful service providers.
- Unless we act as that third party provider’s agent and we tell you we are their agent, you are still required to do all due diligence to protect your company, staff and your own legal rights.
- If you enter into an agreement with a third party as a result of our recommendation it is still your responsibility to understand and negotiate your own agreement with them, unless we are their agent.
10. Limitation of Liability
- You agree that the total aggregate liability to us for any claim by you in respect of any service we provide to you is limited to the amount actually paid by you to us.
- To the fullest extent permissible by law, and without limiting the application of Australian Consumer Law, in the event of any fault in the services, our liability will be limited at our choice to: the supplying of the services again; or the repair of any fault in the services caused by us.
- This limitation of liability applies to the fullest extent permitted by law, and survives any termination or expiration of this agreement, or your use of our services.
11. General Terms
- Confidentiality – Some of the information that you provide to us will be information that is clearly important and confidential to your business. We will only use that information to provide services to you and will not share it. Other information you provide will be for publication as part of the service we provide to you, and that information will not be kept confidential. Our contracts and business methods are confidential to our business, and we request that you keep them confidential. These obligations of confidence will cease to apply in relation to information that either party is required to disclose by any law, or which becomes part of the public domain other than as the result of a breach by the disclosing party of its obligations of confidence under this agreement.
- Privacy – Any personal information collected by us in the course of providing services will only be used to provide services to you and for no other purpose. If you provide us with a testimonial or referral, your name, job title and business may be published.
- Relationship – We are providing services to you as an independent contractor and nothing in this agreement should be interpreted to suggest otherwise.
- Assignment – You may only assign or transfer your rights or obligations under this agreement with our prior written consent.
- No Waiver – Any time or other indulgence granted by us will not in any way amount to a waiver of any of our rights or remedies under this agreement.
- Governing law – This agreement is governed by the laws of Queensland, Australia and you agree to be subject to the jurisdiction of the courts of Queensland, Australia if there was a serious dispute between you and us.
- Notices – Any required notice between the parties including a notice of dispute may be provided electronically in writing to the last notified address of the relevant party. Notices sent electronically are deemed to have been received on the same business day if sent prior to 4.00pm on that business day and otherwise, the next business day.
- Severability – If for some reason a clause of this agreement turns out to be unenforceable, the rest of this agreement will continue unaffected and that term will be severed.
- Enforceability – Even if you don’t sign this agreement, if you purchase our services and we provide those services to you, you agree to these terms. You can sign this agreement and send a scanned copy to us rather than a paper original.
- Entire agreement – Whatever ends up in this document or via email confirmation of services is the agreement between us and anything else discussed beforehand or afterward is not part of the agreement or fees charged, unless it was included.