REAL ESTATE SERVICE AGREEMENT
By ordering services from 3D Hawaii Real Estate you agree to the following Service Agreement for Digital Imagery. We hope these policies are helpful and instructional as we work together to create beautiful photographs for your marketing purposes.
Limited Licensing Release:
In order to provide you with the best service and support at reasonable pricing, we do not sell our photographs. We license their use. The fee quoted is especially dependent on (1) payment of the invoice in full, (2) using the photographs only as indicated, and (3) protecting them with proper copyright notification.
This service agreement is a limited license photo release.
Images delivered are licensed to the “licensee” for:
- The purpose of listing a property on your website, advertising and brochures only.
- These photographs and 3D Showcase are not available for resell to any other business, company or person.
- A primary photo can be used for a longer duration and for additional “sold” marketing materials.
- Builders, stagers, designers, or “third parties” that wish to use images must contact the photographer directly for licensing and fees. In addition to payment a property release must be obtained from the homeowner by that third party.
- For image integrity, and quality control we ask that Images not be altered once delivered.
- Image editing will be done by 3D Hawaii Real Estate, fees may apply.
- Please contact us for an additional release for any/all printed publications. Fees may apply.
- Photo credit must be given to 3D Hawaii Real Estate when used on any and all social media sites(Facebook, Instagram, etc.)
- Images can not/will not be made available to another agent who takes over an expired or withdrawn listing.
- Unauthorized use of images is a copyright violation and will result in termination of this contract.
- 3D Hawaii Real Estate retains all copyrights expressed and implied otherwise for all images taken.
- Copyright is not and will not be transferred to any other party.
- Licensing may be obtained for various applications of images. Please contact us for more details.
– Home sellers/buyers may request a copy of the photos from the photographer only.
– We will supply images to the homeowner. Fees and licenses will apply. Call for details.
To ensure the best results of the photoshoot please be sure the home or unit is ready prior to the scheduled shoot time. We work on a set time schedule for every shoot. Time is a precious commodity, both yours and mine.
– It is the agent’s responsibility to ensure that the listing is ready for the photo session to be produced at the arranged time.
– For liability, 3D Hawaii Real Estate does not handle any cleaning, dusting, or moving of furniture.
– The homeowner shall ensure that there are no hazards to the photographer’s safety.
– The photographer will work with agents and/homeowners with regard to pets, but the photographer is not a pet wrangler. If pets will be an issue please make a note of it when you order services.
– Generally, we will be photographing throughout the entire home. We do not usually include utility rooms or closets, but if you would like those included please let us know prior to the shoot.
– Amenities are not included on/in a property shoot, and fall under separate pricing and licensing. If you are requiring amenities to be photographed please contact us prior to the shoot for additional information.
– It is the responsibility of the agent to inform us as soon as possible for rescheduling.
– A photo session that is rescheduled or canceled after 8 pm the day before will be charged a 50% rescheduling fee.
– Once a photographer has arrived at a property, the order may be canceled, however, there will be no refund.
– Reschedules will be subject to the photographer’s availability.
– There will be times services cannot be completed due to weather. In those circumstances, the decision about the shooting is up to the agent. If the agent chooses to proceed with photography we will provide the best images we can. If additional outdoor photos are required on a better weather day, our standard fee applies for a re-shoot.
– No reschedule fee will be charged in the event of bad weather.
– Reschedules will be subject to availability.
– Payments will be received prior to the delivery of images unless a previously arranged account is set up.
– Credit card payments can be processed on-site by “Square” or online at PayPal on the day of or prior to the session.
– The photo release is not authorized until payment is received in full.
– Failure to pay for the images will result in copyright infringement. You will be asked to remove the image from any electronic or printed form of advertisement.
Hosting and Fees:
- One year hosting included with all 3D Showcases.
- Additional host cost is $5o a year after the first year.
- Realtors- If your property doesn’t sell in one year, you will have to pay for another year of hosting or it will be removed.
Thank you for taking the time to read our terms and agreement.
If questions arise feel free to contact us directly.
DEFINITIONS AND INTERPRETATION
|Data||collectively all information that you submit to Enter Company Name via the Website. This definition incorporates, where applicable, the definitions provided in the Data Protection Act 1998;|
|Cookies||a small text file placed on your computer by this Website when you visit certain parts of the Website and/or when you use certain features of the Website. Details of the cookies used by this Website are set out in the clause below (Cookies);|
|Add Your Company Name, or us, or we||Your Company Address|
|UK and EU Cookie Law||the Privacy and Electronic Communications (EC Directive) Regulations 2003 as amended by the Privacy and Electronic Communications (EC Directive) (Amendment) Regulations 2011;|
|User or you||any third party that accesses the Website and is not either (i) employed by Enter Company Name and acting in the course of their employment or (ii) engaged as a consultant or otherwise providing services to Enter Company Name and accessing the Website in connection with the provision of such services; and|
|Website||the website that you are currently using, Enter Company Name, and any sub-domains of this site unless expressly excluded by their own terms and conditions.|
- the singular includes the plural and vice versa;
- a reference to a person includes firms, companies, government entities, trusts and partnerships;
- “including” is understood to mean “including without limitation”;
- reference to any statutory provision includes any modification or amendment of it;
- We may collect the following Data, which includes personal Data, from you:
- Contact Information such as email addresses and telephone numbers;
- Web browser type and version (automatically collected);
- Operating system (automatically collected);
- A list of URLs starting with a referring site, your activity on this Website, and the site you exit to (automatically collected);
OUR USE OF DATA
- For purposes of the Data Protection Act 1998, Enter Company Name is the “data controller”.
- We will retain any Data you submit for 12 months.
- Unless we are obliged or permitted by law to do so, and subject to any third party disclosures specifically set out in this policy, your Data will not be disclosed to third parties. This does not include our affiliates and / or other companies within our group.
- All personal Data is stored securely in accordance with the principles of the Data Protection Act 1998. For more details on security see the clause below (Security).
- Any or all of the above Data may be required by us from time to time in order to provide you with the best possible service and experience when using our Website. Specifically, Data may be used by us for the following reasons:
- internal record keeping;
- improvement of our products / services;
- transmission by email of promotional materials that may be of interest to you;
- contact for market research purposes which may be done using email, telephone, fax or mail. Such information may be used to customise or update the Website;
THIRD PARTY WEBSITES AND SERVICES
- Enter Company Name may, from time to time, employ the services of other parties for dealing with certain processes necessary for the operation of the Website. The providers of such services do not have access to certain personal Data provided by Users of this Website.
LINKS TO OTHER WEBSITES
CHANGES OF BUSINESS OWNERSHIP AND CONTROL
- We may also disclose Data to a prospective purchaser of our business or any part of it.
- In the above instances, we will take steps with the aim of ensuring your privacy is protected.
CONTROLLING USE OF YOUR DATA
- Wherever you are required to submit Data, you will be given options to restrict our use of that Data. This may include the following:
- use of Data for direct marketing purposes; and
- sharing Data with third parties.
FUNCTIONALITY OF THE WEBSITE
- To use all features and functions available on the Website, you may be required to submit certain Data.
ACCESSING YOUR OWN DATA
- You have the right to ask for a copy of any of your personal Data held by Enter Company Name (where such Data is held) on payment of a small fee, which will not exceed £0.00.
- Data security is of great importance to Enter Company Name and to protect your Data we have put in place suitable physical, electronic and managerial procedures to safeguard and secure Data collected via this Website.
- If password access is required for certain parts of the Website, you are responsible for keeping this password confidential.
- We endeavour to do our best to protect your personal Data. However, transmission of information over the internet is not entirely secure and is done at your own risk. We cannot ensure the security of your Data transmitted to the Website.
- All Cookies used by this Website are used in accordance with current UK and EU Cookie Law.
- Before the Website places Cookies on your computer, you will be presented with a message bar requesting your consent to set those Cookies. By giving your consent to the placing of Cookies, you are enabling Enter Company Name to provide a better experience and service to you. You may, if you wish, deny consent to the placing of Cookies; however certain features of the Website may not function fully or as intended.
- This Website may place the following Cookies:
- Type of CookiePurpose Analytical/performance cookies. They allow us to recognise and count the number of visitors and to see how visitors move around our website when they are using it. This helps us to improve the way our website works, for example, by ensuring that users are finding what they are looking for easily.Functionality cookiesThese are used to recognise you when you return to our website. This enables us to personalise our content for you, greet you by name and remember your preferences (for example, your choice of language or region).
- You can choose to enable or disable Cookies in your internet browser. By default, most internet browsers accept Cookies but this can be changed. For further details, please consult the help menu in your internet browser.
- You can choose to delete Cookies at any time; however you may lose any information that enables you to access the Website more quickly and efficiently including, but not limited to, personalisation settings.
- It is recommended that you ensure that your internet browser is up-to-date and that you consult the help and guidance provided by the developer of your internet browser if you are unsure about adjusting your privacy settings.
- Unless otherwise agreed, no delay, act or omission by a party in exercising any right or remedy will be deemed a waiver of that, or any other, right or remedy.
- This Agreement will be governed by and interpreted according to the law of England and Wales. All disputes arising under the Agreement will be subject to the exclusive jurisdiction of the English and Welsh courts.