Terms and Conditions
For the purpose of this agreement the “Photographer” is Dpiction. The “Client” is the party commissioning the Photographer. For the purpose of this agreement the Client shall where the context so admits include their respective assignees, sub-licensees and successors in title. “Photographs” means all material furnished by the Photographer, whether electronic or physical. “Property” means the property (e.g. house) in which the Client has commissioned the Photographer to photograph.
2. Copyright and Ownership of Materials
The Photographer hereby grants the Client, limited usage of the Photographs, to use or reproduce for the purposes of advertising and marketing the property. The Photographer retains the copyright in all cases and is able to use the Photographs in any manner at any time and in any part of the world for the purposes of advertising, selling a licenced copy for private use, complying & selling photo books or otherwise promoting their photography work. The licence doesn’t allow the distribution of the images by the Client to the Property owner or connected participants. Where reproduction of Photographs has taken place and settlement has not been made, the Photographer will make such charges to the publisher of those images as falls within the Copyright, Designs and Patents Act 1988.
3. Usage Licence
The usage licence shall where Photographer requests, come into effect from the date of first use. The licence only applies to the Client and products as stated on the invoice and its benefit shall not be assigned to any third party without the Photographer’s express permission. Accordingly, even where any form of ‘All Media’ licence is granted, the photographer’s permission must be obtained before any use of the Photographs for other purposes e.g. use in relation to another product or sub-licencing through a photo library. Permission to use the Photographs for purposes outside of the usage license, will normally be granted upon full payment of a further fee, to be agreed with the Photographer. Unless otherwise agreed in writing, all further licences in respect of the Photographs will be subject to these terms and conditions. The Photographer retains the right in all cases to use the Photographs at any time for the purposes of promoting his/her work.
- Company website
- Property listing websites
- Social media
- Award/competition entries
- Internal communications
- Marketing brochures
- Local press advertising
3.1. Usage Licence for Homeowners/Landlords
In the event that the homeowner/landlord is the Client commissioning the Photographer; the usage license of the Photographs is granted for the marketing of the Property. The usage of the Photographs is permitted to a single estate agent. Should the Client decide to change their existing estate agent or instruct an additional estate agent, then payment of a further fee shall be payable by either the Client or the estate agent. No usage of the Photographs shall be granted to a third party (e.g. estate agent) by the Client without the express permission of Photographer.
The Client shall be responsible for obtaining any required clearances and will indemnify the Photographer against all expenses, damages, claims and legal costs arising out of any failure to obtain such clearances.
Invoices are submitted monthly, on the last day of the month via email unless otherwise requested by the Client. The Client will be invoiced for all assignments booked and carried out within that month. Payments are due within 14 days of issue of the invoice. If payment is not received within this time, Photographer has the right to charge interest under the Late Payment of Commercial Debts (Interest) Act 1998, from the date payment was due until the date payment is made. Any outstanding invoices that remain unpaid beyond 28 days by the Client may render the Client to no longer schedule appointments until all outstanding payments/invoices and interest is paid up to date. All payments must be made by bank transfer to the specified account on the invoice. It is equally important to use the invoice number as a reference so your payment can be identified. (If the Client is unable to adhere to the above payment schedule, it maybe possible to make special arrangements subject to agreement).
Photographs will be delivered via a download link, in a format/s that is suitable for the Client’s end use. Any material which requires music will utilise music available under the Creative Commons license. It is the responsibility of the Client to ensure any specific delivery requirements (e.g. ICC profiles, dimensions, colour space) relating to the Photographs are stated before the shoot. RAW files remain the ownership of Photographer at all times and shall not be assigned to the Client, or any third-party on behalf of the Client.
7. Electronic Storage
Effort will be made to archive the images for a reasonable period of time by the Photographer. However, the Photographer makes no warranty whatsoever to archive any image or about the nature of its archive past the date of first delivery of the final images. Clients should treat the delivered files carefully and it is strongly recommended that the Client keeps a safe copy.
The hosting of 360 Virtual Tours is provided by a third party. Liability for the host remains with the third party and the Photographer accepts no liability for the hosting. The length of hosting is as defined in the product description of the package purchased. It is the client’s responsibility to request the extension of hosting prior to the end of the agreed period.
If the Client is not present during the shoot then the Photographer’s interpretation of the brief is deemed acceptable by the Client. There is no right to reject Photographs on the basis of style or composition unless otherwise agreed. Should Client have specific requirements for the shoot, then the Client should state this clearly at the time of booking. Any aspects of a Property which were not photographed, and which were not specifically requested at the time of a booking shall not act as a means for the Client to refuse payment of invoice(s). Should the Photographs be supplied to the Client, but then not used, i.e due to a withdrawal of the Property from the market, then Client agrees to make final payment of outstanding balance within the timeframe stated on the invoice(s).
10. Property Preparation
It is the responsibility of the Client to ensure all necessary measures are taken to ensure a Property is presented to a standard deemed acceptable by the Client, prior to the date of the shoot. Should the Photographer be asked to return for additional work, due to a Property not being presented in the expected state, then an additional fee shall be charged by the Photographer and payable by the Client. The Photographer shall not be responsible for the moving of anything deemed a health and safety risk during the shoot.
11. Cancellation Fee
A booking is considered firm as from the date of confirmation by the Photographer by email or other means in writing to the Client. Once the Client has made a booking for a specific time and date, the Photographer will not accept any other work from other Clients for those times and dates. As a result, once a booking is made, if it is cancelled or postponed upon arrival of the Property, a cancellation or postponement fee of £50.00 will be charged to the Client.
Occasionally, adverse weather conditions (e.g. snow, fog, high winds) may prevent the photographing of a Property due to poor visibility, or, for health and safety reasons. In such circumstances the Photographer will arrange for an alternative suitable time to return to the Property.
13. Key Access
Any security measures unlocking and locking up, including alarm details must be provided to the Photographer and should the Property not be accessible due to the wrong details/keys being provided a charge of £50.00 will be applied to the Client.
13.1. Key Security
A key collection Property will be left as found and should any doors or windows not be safely secured; the Photographer will make reasonable attempts to advise the Client and seek their instructions. Keys collected will be returned as quickly as possible but can’t be guaranteed immediately after the appointment. If the estate agent is closed, the keys will be posted through the estate agency letterbox or returned at a later date.
In relation to the Dangerous Dogs Act 1991 and to reduce the risk of injury to the Photographer and any damage to equipment owned by Photographer, it is the responsibility of the Client to advise the owners or tenants of a Property to ensure pets are kept in gardens or in separate rooms during the shoot. Photographer can at his or her own discretion refuse to enter a Property should they consider it unsafe to do so. Should Photographer refuse to enter a Property for fear of safety, then the Photographer reserves the right to charge the Client a fee of £50.00, as well as any additional fees incurred by a third-party supplier. Should the equipment of the Photographer be damaged by a pet within a Property, including within the grounds of a Property, then the owner of the pet shall be liable for payment of repair or replacement of any damaged equipment. Should the Photographer sustain any injury due to act of aggression from a pet at a Property, then legal action shall be sought against the owner(s) of the pet. The Photographer shall not be responsible for the moving of objects or anything within the internal spaces (e.g. furniture) or external spaces (e.g. waste bins) of a Property that may be considered a health and safety risk.
15. Insurance & Liability
The Photographer will take all reasonable care entrusted to him by the Client provided to them in order to carry out the photographic service and has Public Liability Insurance in place to cover for any losses or damages.
The Photographer will keep confidential and will not disclose to any third parties or make use of material or information communicated to them in confidence for the purposes of the photography assignment.
17. Floor Plans
Floor plans are for illustrative purposes only. Measurements and areas shown are approximate. We will aim to provide plans that are accurate and correctly represent the rooms within the property. We do not, however, provide any guarantees, warranty or representation as to the total accuracy and completeness of the floor plan. Anyone relying on the information provided in the property details (and floor plans) should conduct a careful, independent investigation of the property to determine the suitability of the property for their requirements. Liability for errors, omissions or misstatement through negligence or otherwise is hereby excluded.
18. Applicable Law
If any part of these Terms and Conditions is found to be void or unenforceable the rest of the Terms and Conditions will still remain in full force. For the purpose of any dispute arising these Terms and Conditions will be governed by the laws of England and Wales.