VIRTUAL LENS TERMS OF SERVICE
This Terms of Service is an agreement made by and between:
- Virtual Lens (ABN 754 922 112 58) acting in its own name or represented by the Photographer in accordance with Virtual Lens,
- The Client or the Client’s representative(s), the vendors, the developers, or whoever commissioning Virtual Lens to a Photography Shoot/Floor Plan booking.
All Clients, their authorised representative(s), vendors, developers and end users are subject to the following terms of service of Virtual Lens legal and copyright agreement.
- Booking and Acceptance of Terms of Service
By commissioning Virtual Lens and booking a Photography Shoot/Floor Plan, either verbally or in writing, the Client and/or their authorised representative(s) confirms that they have fully read, understand and agree to the following Terms of Service.
All bookings will be confirmed by Virtual Lens prior to the appointment.
Once the Client or their authorised representative(s) has made a booking for a specific time and date, Virtual Lens will not accept any other work from other clients for those times and dates. It is the Client’s (or the Client’s representative[s]) responsibility to advise the vendors or the tenants of appropriate appointment times and date.
Thus, if a booking is subsequently cancelled or postponed or if the Photographer cannot gain access to the property, Virtual Lens reserves the right to charge the Client a cancellation fee as per the schedule below.
- Cancellation Policy
In the event the Client or their representative(s) must cancel the booking, the Client may be subject to a cancellation fee according to how much notice is given:
- 0% fee for any booking cancelled prior to 48h of the appointment time and date.
- 50% fee for any booking cancelled within 24h prior to the appointment time and date.
- 100% fee for any booking cancelled within 1h prior to the appointment time and date.
It is the Client’s (or the Client’s representative[s]) responsibility to ensure that Virtual Lens has access to the property at the time and date of the booking. If the property is unattended and thereby inaccessible, a cancellation fee may be charged at 100% of the booking value. The appointment can be rescheduled and will be processed as a new booking.
- Virtual Lens’ Intellectual Property
All imagery and creative media are the intellectual property of The Photographer (in accordance with Virtual Lens) and are protected under Australian and International copyright laws, whether in physical, digital or electronic form.
The Photographer (acting on behalf of Virtual Lens) grants the Client (realtor) or the Client’s representative(s) a non-exclusive, non-transferable, worldwide license to use the image(s) for direct marketing of the sale of the property for the life of the listing, without any further royalties.
In the event of a change to the Client’s status, either placed into receivership or liquidation, the license is automatically revoked and all outstanding invoices still stand.
The Photographer (acting on behalf of Virtual Lens) grants the vendor a non-exclusive perpetual personal-use license to download and copy the accompanying image(s). The image(s) may not be used in advertising, resold, relicensed, or sub-licensed.
The Photographer (in accordance with Virtual Lens) retains all rights, license, copyright, title and ownership of the image(s).
Virtual Lens reserves the right to relicense all its imagery and creative media to third parties, other real estate agents or advertising agencies. As a courtesy, Virtual Lens will attempt to advise the Client or their representative(s) of such relicensing prior to doing so.
The rights to relicense images may be only completed once the current advertising campaign has ceased.
All relicensing requests will incur an admin and re-license fee to be determined by the relicensing terms.
Virtual Lens retains the right to use all images and creative media for the purpose of self-promotion, eg; advertising, images gallery on digital support, website, social media, etc.
- Prices, Custom packages and minimum call out fee
Packages & Product Prices advertised are subject to change at the sole discretion of Virtual Lens. All prices are inclusive of GST unless otherwise specified.
Virtual Lens offers its Clients a large variety of Photography/Floor Plan packages and can also create custom packages to meet a Clients’ specific needs or requirements.
- Travel fee and surcharge
Virtual Lens’ area of service is Brisbane City and its surrounds. All transport within this area is included in the advertised prices. Services can be provided outside the standard area but may incur a minimum $30 travel surcharge for any property outside a 20km radius from Loganholme 4129.
- Property Preparation
Every attempt will be made by the Photographer (in accordance with Virtual Lens) to capture the property looking at its absolute best. Therefore, it is highly recommended that the property is decluttered prior to the time and date of the booking. It is the Client’s [or their representative(s)]’ responsibility to advise the vendors or the tenants of such preparations.
The Photographer may adjust or rearrange some furnishings/objects to ensure the most photogenic angles are taken, so long as the re-positioning of furnishings/objects is not beyond reason. If extra time is required moving furnishings/objects, the Photographer reserves the right to take and supply fewer images.
In the event, the property is not suitable for photography (ie irrationally cluttered and disorganised), Virtual Lens will attempt to proceed to photograph the property as it lies, so long as it does not affect occupational health and safety.
Every attempt will be made to photograph the property at the time and date of the booking. However, in the event of severe weather, Virtual Lens reserves the right:
- Either to proceed if the Photographer (in accordance with Virtual Lens) feels the weather is adequate for Photography,
- Or to reschedule the booking for better conditions at no extra charge to the Client or the Client’s representative(s).
- Imagery and creative media delivery
Virtual Lens prides itself on reliability and punctuality and offers an industry-leading fast turnaround on all imagery and media:
- All imagery aims to be delivered by midday the following business day of an appointment,
- All creative media (e.g. floor plan, site plan, etc) aim to be delivered within the following two business days.
All Virtual Lens’ contents are delivered to the Client or their representative(s) via a file delivery service. The Client or their representative(s) will be notified via email that contents are ready to be downloaded.
- Changes and revisions
Once the images and creative media have been delivered, the Client or their representative(s) has some time to provide their feedback, comments and questions. The Client may request reasonable changes to be made to the imagery and/or creative media. Virtual Lens ensures that amendments will be processed at its soonest availability and at no extra charge for the Client or its representative so long as the amendments do not extend beyond ‘reasonable’.
The Client is responsible for having their authorised representative(s) present during all shooting phases of the booking. If no representative is present, the Photographer’s interpretation is to be accepted. The Client is bound by all approvals and job changes made by their representative(s).
Whilst every attempt is made to photograph the property at its best angles, the Client or their representative(s) may request specific angles, in which case it is the Client’s responsibility to advise the Photographer of such preferences.
The vendors, the Client or their representative(s) may request a reshoot of the property or part of the property. It is at Virtual Lens’ sole discretion to charge an additional fee for the reshoot (e.g. Minimum call out and extra images). Example (including but not limited to): changes in the property (painting, furniture, layout, etc).
- Floor Plan Measurements
All measurements of a property are taken from ‘inside wall’ to ‘inside wall’ and do not include the floor area that the wall sits on. Floor plans are indicative and for illustrative and marketing purposes only. Whilst every attempt has been made to ensure their accuracy, all measurements, positioning, fixtures, fittings and any other data shown are approximate. Virtual Lens makes no guarantee, warranty or representation as to the accuracy or completeness of floor plans and any prospective buyer should conduct their own independent investigation prior to purchasing.
It is the sole responsibility of the Client to check floor plans for any omissions prior to publishing, Virtual Lens may not be held responsible for any oversights in Print or Online media.
- Technical and Marketing Support
Virtual Lens may adapt, adjust, resize and save all imagery and creative media to meet the Client’s Marketing Specifications. It is the Client’s responsibility to advise Virtual Lens of such specifications.
- Payment and late fee
Payments are to be made within 14 days from the invoice date unless otherwise specified.
It is the Client’s responsibility to keep their account in good standing order. Invoices not paid by the due date are subject to a 2.5% recurring late fee.
Virtual Lens reserves the right to cease services until all outstanding payments are made.
- Governing Law
These Terms of Service are governed by the laws of Queensland, Australia. Each customer irrevocably agrees that the courts of Queensland shall have jurisdiction to hear and decide any suit, action or proceedings and/or to settle any disputes which may arise out of or in connection with any service provided by Virtual Lens.
Additionally, in consideration of Australia being part of International Treaties regarding copyright laws, Virtual Lens’ intellectual property continues to be protected in all countries part of these Treaties.
- Updates to the Terms of Service
Virtual Lens reserves the right to update these Terms of Service at any time at their sole discretion, with or without notice to the Client, and it is the Client’s responsibility to be familiar with them. The latest Terms of Service can always be found on the website http://virtuallens.com.au/terms-of-service/ and will supplant any previous versions.