Terms & Conditions
The following terms and conditions apply, but not exclusive to: Property Shots Australia in Cairns, QLD, Australia.
All final images (Still Photography) are delivered approximately 24-hours of being photographed the day before. ie a Monday 3pm job, will be delivered by approximately 3pm Tuesday (not including weekends or public holidays) Videos may take up to 48hrs.
*As a courtesy, Property Shots Australia will always attempt to deliver jobs before midday the following business day.
Due to fluctuations in work load and deadlines, Property Shots Australia reserves the right to extend delivery times.
Properties with tight deadlines should not be shot (Still Photography) the day / evening before said deadline. PSA (Property Shots Australia) will not be responsible for missed deadlines of any jobs ordered but required within the 24 hour turnaround.
Proofing requests for properties (Still Photography & Video) will add an extra 24 hours to turnaround time.
Any cancellations must be received 4 hours ahead of the scheduled booking time or a cancellation fee will be applicable of $40.
The client is responsible for having its authorized representative present during all ‘shooting’ phases of the order. If no representative is present, the photographer’s interpretation shall be accepted as final. Please make any special requests known to the photographer before the shoot begins, including specific shots, angles etc. Any changes requested after ‘shoots’ due to no representative being present, a second charge will be incurred should a staff member need to return.
Once a booking is confirmed the time allotment .ie 1pm-2pm is for exclusive access by PSA at no time should other activities be scheduled during PSA's shoot time .ie cleaners, handymen, painters, building & pest, inspections or open homes. PSA needs full access to the entire residents without distractions or excessive waiting periods. We allow to be onsite for the exact time period .ie 1hr for a photo shoot and no longer, extending this allotted time will disrupted our entire day and will not be tolerated. If additional time is needed on site a new booking will need to be made or a prior agreement needs to be reached in writing.
It is always the homeowner’s and/or agent’s responsibility to prepare the property for the photo shoot, PSA is not responsible for homes that are not clean, tidied or otherwise ready for shooting. PSA shoots all photos & video of the property in “as-is” condition. The photographer may make minor adjustments to improve the shot, but they cannot move furniture or make significant changes, clean the home, etc.
Any changes, amendments or disputes regarding any media produced for an agency or client, must be received in writing within 7 days of media delivery. We will always endeavor to make changes as requested but cannot be held financially liable after this period has lapsed.
Copyright and ownership of ALL material supplied is 100% be owned by PSA or it’s staff / contractors that produced it originally at all times. Copyright and ownership is never sold or transferred.
Completed photos are delivered via a dropbox link through email to the client. PSA is not responsible for the ongoing storage of files for longer than 3 months. After a download link is sent to the client, it is the clients responsibility to download all files. Photos will not be kept on file by PSA.
Commercial bookings licence is a once off, non residual payment. That allows those items purchased to be used legally, without restriction, across any media by the purchasing business or company ONLY. At no stage does that transfer copyright or ownership from PSA. No third party may, in any manner, retain, store or use supplied media without written permission from PSA.
Unlike real estate sale packages, which are licensed and leased (for use by an agent or agency) for the duration of the sale campaign ONLY, commercial content is ’SOLD’ to the client outright.
COMMERCIAL content supplied by PSA includes the removal of ALL future copyright restrictions and royalty charges (cost per usage) for advertising and marketing. Commercial Pricing is the listed price (x2) which also includes written confirmation legally releasing all supplied content in full.
Standard media is licensed to be used for the direct benefit of the booking client ONLY, and can only be used for the duration of the advertising campaign by the one person / agent / agency for online and print advertising (Boards, brochures, flyers)
If a vendor moves to another real estate agency and has already paid for the licensing of supplied material by PSA, the new agency will need to apply in writing to us to release the images at a resupply charge. It is a criminal offence to use any images without written permission from PSA.
If a vendor moves to another agency and has NOT paid for the imaging licence/s, The new listing agency will be invoiced for the full amount of services rendered and licences required PLUS resupply charge.
Printed photographs from any standard media supplied by PSA are not authorized without prior written consent. Printed photographs MUST be ordered through PSA as copyright remains with PSA at all times.
The client shall not reproduce or copy any image and / or video in whole or in part from PSA except as may be otherwise expressly stated in this agreement. It is a criminal offence to use these outside of the original licensing agreement as per the original sale campaign.
The client shall not electronically or by any other means, methods or processes whether now known or hereafter developed, in any manner retain, store, use or alter any image in whole or in part, except as may be otherwise expressly stated in this agreement.
Copyright of all media supplied is retained by PSA at ALL times under any licensing purchased.
Title to all photographs & videos remain the property of the photographer/s & video staff.
The photographer/s & video staff shall be considered the sole author of the images/photos/video even in the case of the photographer/s & video staff working to concepts or layout. The ‘images/photos/video’ means an image/video on any material whether negatives, transparencies, prints or any other type of physical or electronic material.
All fees and charges include GST if applicable.
The photographer/s & video staff shall not be liable for any legal action, claim or damages resulting from or arising out of the publication of photographs or other use by the client.
The client shall indemnify the photographer/s & video staff against any claims and/or damages against them, including reasonable counsel fees arising from the client’s use of the photographs/videos and the photographer/s & video staff’s use of the material on instruction from the client.
Property Shots Australia, unfortunately, does not create floor plans for complex properties, properties larger than 4 bedrooms or more than 2 stories. All floor plans are created in our style and colour schemes please understand these will not be customized at any time (this includes the flooring colours). Furniture on floor plans are for display purposes ONLY, the specific layout of each homes furniture will not be reflected on the plan. They are not indicative of actual current layout. Floor plans are an additional feature that can be added to a booking, they can NOT be booked alone. All floor plan bookings are to be discussed prior to scheduled time, to determine possibility, cost and time required. All of our floor plans and site plans are APPROXIMATE and not to exact scale.
For paid parking areas, All efforts to pay the correct parking fee will be adhered to based on the booking time. Should any PSA staff member receive an infringement notice due to the attending vendors / agents actions (i.e.: Late Arrival etc) the amount of that infringement will be added invoiced to the vendor / agent. Original ticket with time duration and overstay amount will be supplied for you records.
Travel areas: The area PSA covers at no cost is any suburb between Gordonvale & Palm Cove. This does not include travel to suburbs such as Kuranda, Innisfail or Atherton etc. A travel fee must be mutually agreed upon prior to commencement of jobs if further than these suburbs.
This agreement is the entire agreement between the parties with respect to the subject matter and no alteration, modification or interpretation hereof shall be binding unless in writing and signed by both parties.
Invoicing is fortnightly and payment terms are STRICTLY 7 Days ONLY NO EXCEPTIONS. All media will be suspended or removed online until outstanding amounts have been paid. ANY agent or agency found using media supplied by PSA after the 14 day deadline has passed with be in breach of terms and conditions.
By ordering, using or downloading any supplied media from PSA you are agreeing to the above terms of usage.