BY VISITING OR USING ANY WEBSITE OWNED BY “XPR PHOTO”, OR BY HIRING “XPR PHOTO” TO PROVIDE PHOTOGRAPHIC SERVICES, YOU ARE AGREEING TO BE BOUND BY THESE TERMS CONDITIONS. YOU ARE ALSO AGREEING THAT SUCH AGREEMENT CONSTITUTES A BINDING CONTRACT BETWEEN YOU AND “XPR PHOTO”.
IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, PLEASE DO NOT VISIT OR USE “XPR PHOTO” WEBSITE.
The following is the terms of the service agreement between “XPR Photo” (“Service Provider”) and the buyer (“Buyer”) of goods or services through Service Provider’s Web site (the “Site”). If you do not agree to these terms, you will not be able to purchase anything, so please review these terms carefully:Introduction:
Buyer agrees to the terms and conditions outlined in this Online Contract ("Contract") with respect to the goods, services and information provided by or through the Site. This Contract constitutes the entire and only agreement between the Service Provider and Buyer, and supersedes any and all prior or contemporaneous agreements, representations, warranties, and understandings with respect to the goods, services and information provided by or through the Site, and the subject matter of this Contract. Buyer agrees to review this Contract prior to purchasing anything and purchase of a good or service shall be deemed acceptance of this Contract.Copyright Notice:
“XPR Photo” is the copyright holder of the image. The copyright of an image is not transferred to any other party unless a specific written agreement is made. Licensing may be obtained for various applications of images, please contact us for more details.Photo Rights and Usage for Real Estate Photography:
The original agent 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. The licensing agreement is valid only for the duration the home/property is listed for sale.
Images cannot be sold to another agent who takes over an expired or withdrawn listing.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.
Builders, stagers, designers and others who wish to use images taken by “XPR Photo” should contact us for specific licensing information. In addition to fees paid to “XPR Photo” a property photography release will need to be obtained from the homeowner.Shoot requests:
To ensure the best results of the photo shoot please be sure the home 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 ours.
“XPR Photo” understands that homes may not be ready for shooting as expected.
Payment is due when or before services are rendered. If payment is not received within five (5) business days of invoice, buyer understands and agrees that Service Provider may charge an additional 10% late payment fee upon the sixth (6th) business day and will charge an additional 10% late payment fee per month thereafter. The client will not be able to order any additional services and any associated photographs will be disabled until they pay the entire balance due. If the client's tour is disabled for non-payment, a $10 re-activation fee will be added to the client's account, but the photographs will not be re-activated until the entire balance is paid. Buyer understands and agrees that if upon 90 days, the invoice remains unpaid Service Provider may turn over the account to a third party collection agency. If your account is turned over for collection, you agree to pay the company a "Processing and Collection" Fee of $75 plus any and all accrued late charges, which will be added to the principal amount of the debt.Credit Card Policy:
Buyer represents and warrants that (i) the credit card information supplied is true, correct and complete and (ii) charges incurred by the Buyer will be honored by the Buyer's credit card Service Provider and (iii) Buyer will indemnify Service Provider for any credit card charge-back filed by or on behalf of the Buyer and (iv) Buyer understands that in the event a credit card charge-back is filed, Buyers account will be placed with a third party collection agency and (v) Buyer shall pay charges incurred by Buyer at the amounts in effect at the time incurred, including all applicable taxes, collection fees, interest and any additional fee incurred by the Service Provider in the attempt to collect upon Buyer’s debt.Returned Check Policy:
It is understood and agreed that upon presentation of a check as the form of payment for services provided by Service Provider, the Buyer is entering into a contractual agreement that obligates the Buyer and holds the Buyer responsible for any and all penalties, costs, and incidental damages allowable under law, but not limited to, return check charges, state surcharges, interest, collection costs, legal expenses, attorney fees and expenses incidental to the principal obligation on any check that is returned non-payable. Any check returned unpaid for any reason will not be re-deposited. Buyer agrees to pay the full amount of the check plus a returned check fee of $35.00 for amounts up to $50, $45 for amounts between $50 and $200, or $50 if the face value exceeds $200, within 5 business days of the date that the check was returned unpaid. Payment must be made in the form of cash or certified check. If payment is not received within five (5) business days, buyer understands and agrees that Service Provider will charge an additional 10% late payment fee upon the sixth (6th) business day and an additional 10% per month thereafter. Buyer understands and agrees that if upon the fifteenth (15th) business day, the returned check remains unpaid Service Provider may turn over the dishonored check and all other available information relating to this incident to the State Attorney for criminal prosecution. Buyer may be additionally liable in a civil action for triple the amount of the check, but in no case less than $50, together with the amount of the check, as service charge, courts costs, reasonable attorney fees, and incurred bank fees.Editing, Deleting, and Modification:
Service Provider reserves the right in its sole discretion to edit or delete any information or content appearing on the Site and to remove any goods and services for sale. Upon notice published over the Service, Service Provider may modify this Contract, or prices, and may discontinue or revise any or all aspects of the Site in its sole discretion and without any prior notice. Modification of this Contract will be deemed effective upon publication on the Site and Buyer agrees to be bound by such revisions. If buyer objects to any future modification of this contract, then Buyer’s only recourse is to cease use of the Website and services provided by Service Provider. In this case, upon Buyer’s notification to Service Provider within 5 business days of effective date of contract modification, Service Provider will refund all UNUSED credits in Buyer’s account.Right to Refuse:
Service Provider reserves the right in its sole discretion to refuse service at any time. Sale of any goods or services is subject to availability.Time Limits:
Photo shoots are scheduled for a finite amount of time. Extreme overrun of this time may incur an hourly fee of $95/hour if determined not to be the fault of “XPR Photo”.Force Majeure:
“XPR Photo” is not liable for any service interruption or cancellation due to weather or Force Majeure.Arrival Time:
“XPR Photo” shall notify any client of a late arrival. Although we aim to be on time to every appointment, we cannot control the traffic, weather, or other factors that may cause a delay. We will make every effort to keep within our allotted time slot and to arrive as scheduled. Extreme lateness due to circumstances beyond our control may be eligible for a discount on the next service.Liability:
“XPR Photo” is not liable for the failure of income of any marketing material we provide.Online Availability of Product:
“XPR Photo” utilizes third party services to host our marketing material. Although we have chosen vendors with high availability, routine maintenance and server outages are beyond our control. We assume no responsibility for these outages, but will work to resolve the issues as quickly as possible. Buyer understand that he/she is responsible for downloading the files from the website using the link provided (If that is the case) within 3 days of receiving the email, material will be deleted from server, additional fee of $15 will be charged to Buyer should he/she requests the “XPR Photo” to upload the material again.Alterations of Photos:
No alteration of photos produced by “XPR Photo” is permitted by anyone other than “XPR Photo” beyond resolution changes. No use of Photoshop or other image altering software is permitted on any product by the client or associates.Additional Fees:
Any work requested outside of the planned service may incur a fee. This includes additional time on site, and alteration to photos beyond the true scene. Also, any tolls, (bridge, highway, etc), parking or valet parking, incurred while traveling to and from a photography shoot location will be billed to client at time of final invoicing.Product Turn-around:
“XPR Photo” guarantees a 24-48 hour turn-around on listing photography from the time the photographer leaves the property. Delivery times on products other than listing photos varies and is not guaranteed within 24-48 hours.Instructions for Downloading Pictures from Dropbox
You can click here or you can visit: http://xprphoto.com/InstructionsBrowsersSelection.html for instructions on how to download the files from Dropbox using different BrowsersClient Cooperation:
We do our best to get you a finished product as soon as possible. At times this requires cooperation and information from the client in a timely manner. We assume no responsibility for delay of deliverables due to client delays. Also Buyer is responsible to make sure property is available at time agreed, waiting time will be charged at $15 per each 15 minutes period.Copyright Notice:
“XPR Photo” retains the copyright protection of all digital images. “XPR Photo” reserves the right to use all images for promotion of “XPR Photo” but not a third party. The original Buyer 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. Images cannot be altered after they are in your possession. Images cannot be sold by one Realtor to another Realtor who takes 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.