Updated as of 01/01/2020
Terms & Conditions
By ordering services from iView3D, you agree to the following terms for Digital Imagery and 3D Tour Products. These terms are subject to change without notice and begin on the date of this agreement. The terms of this agreement will remain in full force and effect until the completion of the Services, subject to early termination as provided in this Agreement.
In the event that either Party wishes to terminate this Agreement, that Party will be required to provide 48-hours written notice to the other Party.
TEMPORARY USAGE RIGHTS: FOR SALE OR LEASE PROPERTIES:
Here at iView3D, we grant you Temporary Usage Rights of the tours/images you purchase. You get to enjoy our superb service for your unlimited web use and/or still photography in marketing your listing and when the listing is sold and/or you are no longer the listing agent, the image rights are withdrawn. For continued use in Just Sold / Listing Presentations / Personal Marketing materials, please inform your iView3D service provider for our easy hosting solution on offer.
All of our images are copyrighted and are the intellectual property of iView3D. We license our images to you for temporary use but the ownership of the images remains with iView3D. The images you purchase are non-transferable and cannot be given away, bartered or sold. The client who pays for the images is the only one who has the rights to use the images. You cannot give those images to the builder, designer, remodeler, stager, etc. of the property photographed nor can you resell the images to anyone or split payment with anyone so they can use the images.
ONGOING USAGE RIGHTS: PORTFOLIO (NOT FOR SALE PROPERTY):
Here at iView3D, we grant Ongoing Usage Rights of the tours/images you purchase under our packages (Not For Sale) pricing structure. You get to enjoy our superb service for an initial twelve-month complimentary period for your web use to promote/market yourself and your business. After the twelve-month period has been reached, there is a minimal ongoing usage right fee. All of our images are copyrighted and are the intellectual property of iView3D. We license our images to you for use but the ownership of the tours/images remains with iView3D and/or any other third party service provider which we may engage with.
The images you purchase are non-transferable and cannot be given away, bartered or sold. The client who pays for the images is the only one who has the rights to use the images. You cannot give those images to the builder, designer, remodeler, stager, etc. of the property photographed nor can you resell the images to anyone or split payment with anyone so they can use the images.
CANCELLATION / RESCHEDULE POLICY
We only want our clients to think warm and fuzzy thoughts about us and fee policies like this don't really do that - but we do have to pay our photographers when we reserve their time.
When you schedule services with us, you are reserving a valuable time slot that will not be available to others. When you cancel or reschedule your tour/photo shoot, we have to pay our photographers for that reserved time if it falls within the cancellation window outlined below. While everyone understands the purpose of cancellation fees, and agrees to the terms of service, nobody likes paying them. So we do our very best to keep you apprised about your upcoming appointment with a courtesy email a couple of days out - please use that reminder window to check in with your client/schedule/s.
As soon as you become aware that the property is not ready as scheduled, call the iView3D office at 404-610-1550 and/or email so we can notify the photographer and either remove it from the schedule or set up a new appointment time.
Monday through Saturday Appointments: If you cancel or reschedule the appointment after 4pm the day before the scheduled scan, then you agree to pay a reschedule fee of $50.
Unable to Shoot Fee: In the event that the photographer arrives to the property and cannot access it or it is not ready to photograph, then you agree to pay a fee of $75, plus any applicable trip charges.
If the weather threatens to prevent photography, it is the client's decision to continue or to reschedule. If the client decides to continue the photography session, please know that outside shots through drone usage may not be done if there are unfavorable weather conditions.
iView3D operates on a fee for service basis, all monies owed are payable upon the completion of the job, regardless of the sale of the home or other conditions. We accept cash or check, and direct debit for any hosting renewals. If you wish to provide/modify your account information, please call the iView3D office directly at 404-610-1550.
For services rendered by the Service Provider as required by this Agreement, the Client will provide compensation to the Service Provider of a fixed amount of _________________________________.
A 50% deposit of ___________________ will be payable by the Client.
The Client will be invoiced after work is complete, and is due within three (3) business days of receipt.
Service Provider will not be reimbursed for any expenses incurred in connection with providing the Services of the Agreement, other than any necessary cancellation/rescheduling fees.
Except as otherwise provided in this Agreement, all monetary amounts referred to in this Agreement are in USD (US Dollars).
It is the client's responsibility to ensure that the property is ready for photography at the arranged time. Photographers reserve the right to terminate the photo shoot if the property is not ready and will cause them to be delayed to their next job. A cancellation after arrival fee is applicable in this situation.
iView3D doesn't handle any cleaning, dusting, or moving of furniture - liability reasons!
iView3D will, at the photographer's discretion, adjust window coverings or turn on or off lights as deemed necessary to better capture the scene(s) and move small items that may be distracting in the photo. The property must be clean and presentable at the scheduled time of the tour and/or photo shoot.
The homeowner shall ensure that there are no hazards to the photographer's safety.
Pets are to be contained or removed from the property for the photography session. Often a friendly dog will be aggressive when someone enters their domain that they don’t know. The photographer reserves the right to terminate the shoot if they feel threatened in any way. The photographer will do everything to ensure pets stay inside, but are not responsible for pets that escape the property during the photography session.
Homeowners should ensure children are supervised and out of the camera’s view. Photographers will do their best that all significant aspects of the property shall be included in the tour unless the condition of said aspect has a negative impact on the tour. This shall be left solely up to the photographer's discretion, unless specific aspect(s) of the property are specifically requested by the client/agent or the homeowner.
Once the property has been photographed, the service may not be canceled. The client/agent will be charged the full price of the package ordered. In addition, the Photographer will not retouch images in order to disguise any known defects and/or physical structures such as cracks in walls etc. Same for drone use, we cannot retouch images to disguise driveways, powerlines, water towers, etc.
All products will be processed and sent to the client within two to three business days after the photo shoot unless otherwise arranged. Drone imagery is subject to a separate time frame, and can be packaged to a customized time frame upon request.
iView3D keeps the copyright protection of all 3D Tour Products and Digital Imagery. iView3D reserves the right to use all images for promotion of iView3D but not a third party. The original Client/REALTOR® who paid for this service, has permission to use these images on any electronic or printed form of advertisement for the promotion of that property/business. Images cannot be altered after they are in your possession.
All Intellectual Property and related material that is developed or produced under this Agreement and the distribution thereof, will be the property of the Service Provider. The Client is granted a non-exclusive limited-use license of this Intellectual Property.
Images cannot be sold or given away by one Client/REALTOR® to another Client/REALTOR®, who may take over an expired or withdrawn listing. Failure to pay for the images will result in a copyright infringement/violation. You will be asked to remove the image from any electronic or printed form of advertisement. Failure to stop using them will result in legal action.
LIMITATION OF LIABILITY
You understand and agree that iView3D.co and any of its subsidiaries or affiliates shall in no event be liable for any direct, indirect, incidental, consequential, or exemplary damages. This shall include, but not be limited to damages for loss of profits, business interruption, business reputation or goodwill, loss of programs or information or other intangible loss arising out of the use of or the inability to use the service, or information, or any permanent or temporary cessation of such service or access to information, or the deletion or corruption of any content or information, or the failure to store any content or information. The above limitation shall apply whether or not iView3D.co has been advised of or should have been aware of the possibility of such damages. In jurisdictions where the exclusion or limitation of liability for consequential or incidental damages is not allowed the liability of iView3D.co is limited to the greatest extent permitted by law. Note that the provided embed code/iframe and HTML link may not have the full screen option available due to some website builder limitations, please refer to the ‘Try It’ page within to test the example embed code on your website.
Confidential information refers to any data or information relating to the Client, whether business or personal, which would reasonably be considered to be private or proprietary to the Client and that is not generally known and where the release of that Confidential Information could reasonably be expected to cause harm to the Client.
The Service Provider agrees that they will not disclose, divulge, reveal, report or use, for any purpose, any Confidential Information which the Service Provider has obtained, except as authorized by the Client or as required by law. The obligations of confidentiality will apply during the term of this Agreement and will end on the termination of this Agreement.
All notices, requests, demands or other communication required or permitted by the terms of this Agreement will be given in writing and delivered to the Parties of this Agreement as follows:
Except to the extent paid in settlement from any applicable insurance policies, and to the extent permitted by applicable law, each Party agrees to indemnify and hold harmless to the other Party, and its respective directors, stockholders, affiliates, officers, agents, employees, and permitted successors and assigns against any and all claims, losses, damages, liabilities, penalties, punitive damages, expenses, reasonable legal fees and costs of any kind or amount whatsoever, which result from or arise out of any act or omission of the indemnifying party, its respective directors, stockholders, affiliates, officers, agents, employees, and permitted successors and assigns that occurs in connection with this Agreement. This indemnification will survive the termination of this Agreement.
In the event a dispute arises out of or in connection with this Agreement, the Parties will attempt to resolve the dispute through friendly consultation.
If the dispute is not resolved within a reasonable period, then any or all outstanding issues may be submitted to mediation in accordance with any statutory rules of mediation. If mediation is unavailable or is not successful in resolving the entire dispute, any outstanding issues will be submitted to final and binding arbitration in accordance with the laws of the State of Georgia. The arbitrator’s award will be final, and judgment may be entered upon it by any court having jurisdiction within the State of Georgia.
MODIFICATION OF AGREEMENT
Any amendment or modification of this Agreement or additional obligation assumed by either Party in connection with this Agreement will only be binding if evidenced in writing signed by each Party or an authorized representative of each Party.
TIME OF THE ESSENCE
Time is of the essence in this Agreement. No extension or variation of this Agreement will operate as a waiver of this provision.
The Service Provider will not voluntarily or by operation of law assign or otherwise transfer its obligations under this Agreement without the prior written consent of the Client.
It is agreed that there is no representative, warranty, collateral agreement or condition affecting this Agreement except as expressly provided in this Agreement.
This Agreement will ensure to the benefit of and be binding on the Parties and their respective heirs, executors, administrators and permitted successors and assigns.
Headings are inserted for the convenience of the Parties only and are not to be considered when interpreting this Agreement.
It is the intention of the Parties to this Agreement that this Agreement and the performance under this Agreement, and all suits and special proceedings under this Agreement, be construed in accordance with and governed, to the exclusion of the law of any other forum, by the laws of the State of Georgia, without regard to the jurisdiction in which any action or special proceedings may be instituted.
In the event that any of the provisions of this Agreement are held to be invalid or unenforceable in whole or in part, all other provisions will nevertheless continue to be valid and enforceable with the invalid or unenforceable parts severed from the remainder of this Agreement.
The waiver by either Party of a breach, default, delay or omission of any of the provisions of this Agreement by the other Party will not be construed as a waiver of any subsequent breach of the same or other provisions.