Terms of Service for Windsor Real Estate Photography

1. Definitions
   1. Standard Services: Standard services are outlined in the shopping cart HERE.
   2. iGuide Tours: iGuide Tours are drafted by Planitar, a third-party service provided by Windsor Real Estate Photography. iGuide’s Terms of Services can be found HERE.
   3. Matterport Tours: Matterport tours are drafted by Matterport, a third-party service provided by Windsor Real Estate Photography. Matterport Terms of Service can be found HERE.
   4. Condo Amenities: exterior photos of condo buildings and photos of shared community spaces within a condo building are offered on a complimentary basis in addition to the ordered number of photos.
   5. Custom Quoted Projects: Include additional services as requested by the listing agent.
2. By booking services with Windsor Real Estate Photography, the Real Estate Agent accepts the following Terms of Service.
3. To best meet your scheduling needs, please book as early as possible. We will do our best to accommodate last minute bookings within our availability.
4. Exclusive use licence for real estate listing
   1. Anything we produce is for your use only
   2. We retain ownership of all media; you may not sell, trade or gift digital assets
      1. A sentimental copy may be shared with the seller with permission
   3. We will not re-licence any media for any real estate sale, rental, lease etc.
      1. This does not apply to common features/exteriors/amenities for multi dwelling communities of neighborhoods
      2. There may be situations where we re-license photos for non-real estate or sale purposes (eg. Kitchen designer/landscaper)

5. Timeline for Real Estate Media Services
   5. Standard Services provided during standard business days will be delivered the next business day before noon.
   6. Standard Services provided on weekends or statutory holidays will be delivered next business day before noon.
   7. iGuide Services will be delivered by end of next day Monday to Saturday.
   8. Delivery timelines for Custom Quoted Projects will be included as part of the quote.
   9. Rush Delivery is not available, good work takes time. Please book accordingly.
6. Delivery of Final Services
   1. All Standard Services will be delivered via the client’s account login HERE.
   2. Windsor Real Estate Photography will hold all media for 1 calendar year. We make no guarantees that should the Real Estate Agent, or a party acting on their behalf, delete or lose any assets, Windsor Real Estate Photography will be able to provide another copy.
   3. All iGuides will be provided via email by iGuide. Windsor Real Estate Photography is not responsible for maintaining any iGuide media. These are held according to iGuide’s terms of service, and are available for download.
   4. All Matterports include 3 months of hosting. Additional hosting is available for a set fee.
   5. Windsor Real Estate Photography is not responsible for uploading media assets to any website. Digital Marketing services are available at an additional fee.
7. Payment
   1. Payments are processed by credit card through Square. Square Terms of Service can be found HERE.
   2. A 50% deposit is due at the time of booking. The balance is due at the delivery of media.
   3. Other payment terms may be available upon request.
8. Rates
   1. Rates for all Standard Services are listed HERE. Prices are subject to change without notice.
   2. iGuide Tours up to 3,000 sq ft are billed at standard rate. iGuide Tours over 3,000 sq ft are subject to a 5 cent per square foot additional charge, as dictated by Planitar.
   3. Matterport Tours up to 3,000 sq ft are billed at standard rate. Matterport Tours over 3,000 sq ft are subject to a 5 cent per square foot additional charge, as dictated by Matterport.
   4. Custom Quoted Projects will be provided in writing on a per-project basis.
   5. In order to split billing, shared listings must be specified at time of booking and confirmed in writing by both parties.
   6. The agent making the appointment will assume responsibility for payment unless Windsor Real Estate Photography is notified in writing.
9. Provision of Services
   1. Listing agent, property owner, or management company must be present at all tenanted shoots.
   2. iGuide Tours require access to all spaces in the home. All walls in every room must be visible in order to complete the service.
   3. Specific Photographers must be requested in advance and are subject to availability.
   4. Some service are weather-dependent, as determined by the photographer at time of shoot. All efforts will be made to complete all ordered services. Services that cannot be completed due to weather, will not be billed. The Real Estate Agent will have the option to re-book the missed services at a time that is convenient to both parties.
   5. All photographers reserve the rights to abandon a shoot for their safety at their discretion. It is the Real Estate Agent’s job to ensure the listing is safe prior to the arrival of the photographer. If a photographer abandons a shoot for safety concerns, the Real Estate Agent will be billed the full amount of the booked services.
   6. Listings will be shot as they are at time of photographer arrival. Windsor Real Estate Photography does not schedule time for staging during the shoot and cannot guarantee retouching services.
   7. Video Recuts – if there are areas of the home you do not wish to show in the video, please let us know at the time of the shoot. We include 1 set of deletions in our standard video package. Music cannot be changed. If you have specific music requirements, please let us know in advance. Other updates to videos will be billed according to scope.
   8. If a property appears that it would benefit from more photos than were ordered, Windsor Creative Real Estate Photography will attempt to reach out to the client. Only the number of photos ordered at the time of booking will be shot.
10. Cancellation
    1. Cancellation of some or all services with less than 24-hours notice will be billed 50% of the total services booked.
    2. Cancellation made within 1 hour of appointment time will be billed at full rate of total services booked.
11. Terms of Service are subject to change without notice at anytime.

General Terms & Conditions for Windsor Creative Social Media

Except as otherwise modified by the engagement letter executed by the parties, the following provisions shall apply to the relationship between Windsor Creative and the Client:

1. Term: The terms set forth in the engagement letter and these General Terms and Conditions (collectively, the “Agreement”) will remain in full force from the time of beginning work with Windsor Creative (the “Initial Period”) and shall be subject to renewal as set out in section 2.
2. Renewal: This contract will, without any action on the part of either party, automatically renew for an unlimited number of one-year terms (each a “Renewal Term”). Windsor Creative will provide the Client with 60 days’ notice prior to the start of a Renewal Term of any increase in price.
3. Cancellation: Cancellation must be made in writing, 30 days prior to the start of a Renewal Term. Any cancellation not made 30 days prior to the start of a Renewal Term will be deemed to be a Cancellation of the next applicable Renewal Term.
4. Payment: All invoices shall be payable by the Client within sixty (60) days of receipt. Any dispute of an invoice must be brought to the attention of the Windsor Creative within ten (10) business days of receipt of the invoice. The Client agrees to pay all reasonable legal fees and costs which may be incurred in connection with Windsor Creative’s collection of any past due amounts. Any invoice not paid within sixty (60) days shall bear interest at a rate of 5% per on the principal each month until paid.
5. Reimbursable Expenses: The Client agrees to reimburse Windsor Creative for any reasonable business expenses incurred in connection with the services that Windsor Creative provides to the Client, including without limitations, online promotions, third party software, additional services as agreed, etc.
6. Confidential Information: The Client and Windsor Creative acknowledge that, pursuant to this Agreement, they may have access to the other party’s proprietary information (“Confidential Information”). The Client and Windsor Creative hereby agree to treat and maintain with strict confidence the confidentiality of each other’s Confidential Information and utilize the Confidential Information solely to perform its obligations hereunder. The Client and Windsor Creative agree to only disclose Confidential Information to those parties that need to know the information to perform its obligations under this Agreement. The Client and Windsor Creative shall not use or disclose, in whole or in part, any Confidential Information without the prior written consent of the other party, except as may be required by law or on judicial authority.The terms of this provision shall survive the termination of this Agreement. The parties acknowledge and agree that money damages would not be a sufficient remedy for a breach of this provision and, in addition to all other remedies to which either party may be entitled, either party shall be entitled to specific performance and injunctive or other equitable relief as remedies for such breach or threatened breach.
7. Entire Agreement and Modification: This Agreement contains the entire understanding between the parties with respect to the matters described herein and is a complete and exclusive statement as to the terms thereof and supersedes all previous agreements. This Agreement may not be altered or modified except by writing signed by both parties.
8. Assignment: This Agreement is entered into solely for the benefit of the parties hereto and their respective successors, and no benefits, rights, duties, or obligations inure to any party other than those signatories hereto. This Agreement may not be assigned without the prior written consent of the other party.
9. Liability and Indemnity: Windsor Creative assumes no liability or responsibility for any loss or injury that may occur in connection with the services. Windsor Creative’s maximum liability for any damages whatsoever arising out of this Agreement regardless of the manner in which claimed, or the form of action alleged, is limited to the amount(s) paid to Windsor Creative by the Client under this Agreement. In no event shall Windsor Creative be liable to the Client for, and the Client shall hold Windsor Creative harmless from, any claims for lost profits, or incidental, indirect, special or consequential damages. The Client acknowledges that it has sole and absolute responsibility (legal, financial and otherwise) for any use, decision, action or omission to act that is based on, or in any way related to, the marketing services that Windsor Creative provides to the Client. The Client agrees to defend, indemnify and hold harmless Windsor Creative from any claims, judgements, damages, loses, liabilities and expenses, including reasonable legal fees, arising or alleged to arise, in whole or in part, from the services.

10. Governing Law: This Agreement shall be governed by, construed and enforced in accordance with the laws of the Province of Ontario
11. Relation of the Parties: Neither this Agreement nor the relations between the parties hereto constitutes or forms a partnership, joint venture or employer-employee relationship. The parties intend that Windsor Creative shall be an independent contractor. Windsor Creative and its agents and employees are not to be considered agents or employees of the Client for any purpose. Windsor Creative shall have no authority to bind or obligate the Client or power to execute any contract, agreement, promissory note, mortgage or other document on behalf of the Client.

General Terms & Conditions for Windsor Creative Services

Except as otherwise modified by the engagement letter executed by the parties, the following provisions shall apply to the relationship between Windsor Creative and the Client:

1. Payment: The client will pay 50% of the total invoice prior to the commencement of any services. The remainder shall be billed upon completion and delivery of project. The final invoice shall be payable by the Client within sixty (60) days of receipt. Any dispute of an invoice must be brought to the attention of the Windsor Creative within ten (10) business days of receipt of the invoice. The Client agrees to pay all reasonable legal fees and costs which may be incurred in connection with Windsor Creative’s collection of any past due amounts. Any invoice not paid within sixty (60) days shall bear interest at a rate of 5% per on the principal each month until paid.
2. Reimbursable Expenses: The Client agrees to reimburse Windsor Creative for any reasonable business expenses incurred in connection with the services that Windsor Creative provides to the Client, including without limitations, online promotions, third party software, additional services as agreed, etc.
3. Confidential Information: The Client and Windsor Creative acknowledge that, pursuant to this Agreement, they may have access to the other party’s proprietary information (“Confidential Information”). The Client and Windsor Creative hereby agree to treat and maintain with strict confidence the confidentiality of each other’s Confidential Information and utilize the Confidential Information solely to perform its obligations hereunder. The Client and Windsor Creative agree to only disclose Confidential Information to those parties that need to know the information to perform its obligations under this Agreement. The Client and Windsor Creative shall not use or disclose, in whole or in part, any Confidential Information without the prior written consent of the other party, except as may be required by law or on judicial authority.The terms of this provision shall survive the termination of this Agreement. The parties acknowledge and agree that money damages would not be a sufficient remedy for a breach of this provision and, in addition to all other remedies to which either party may be entitled, either party shall be entitled to specific performance and injunctive or other equitable relief as remedies for such breach or threatened breach.
4. Entire Agreement and Modification: This Agreement contains the entire understanding between the parties with respect to the matters described herein and is a complete and exclusive statement as to the terms thereof and supersedes all previous agreements. This Agreement may not be altered or modified except by writing signed by both parties.
5. Assignment: This Agreement is entered into solely for the benefit of the parties hereto and their respective successors, and no benefits, rights, duties, or obligations inure to any party other than those signatories hereto. This Agreement may not be assigned without the prior written consent of the other party.
6. Liability and Indemnity: Windsor Creative assumes no liability or responsibility for any loss or injury that may occur in connection with the services. Windsor Creative’s maximum liability for any damages whatsoever arising out of this Agreement regardless of the manner in which claimed, or the form of action alleged, is limited to the amount(s) paid to Windsor Creative by the Client under this Agreement. In no event shall Windsor Creative be liable to the Client for, and the Client shall hold Windsor Creative harmless from, any claims for lost profits, or incidental, indirect, special or consequential damages. The Client acknowledges that it has sole and absolute responsibility (legal, financial and otherwise) for any use, decision, action or omission to act that is based on, or in any way related to, the marketing services that Windsor Creative provides to the Client. The Client agrees to defend, indemnify and hold harmless Windsor Creative from any claims, judgements, damages, loses, liabilities and expenses, including reasonable legal fees, arising or alleged to arise, in whole or in part, from the services.

7. Governing Law: This Agreement shall be governed by, construed and enforced in accordance with the laws of the Province of Ontario
8. Relation of the Parties: Neither this Agreement nor the relations between the parties hereto constitutes or forms a partnership, joint venture or employer-employee relationship. The parties intend that Windsor Creative shall be an independent contractor. Windsor Creative and its agents and employees are not to be considered agents or employees of the Client for any purpose. Windsor Creative shall have no authority to bind or obligate the Client or power to execute any contract, agreement, promissory note, mortgage or other document on behalf of the Client.

Terms and services are subject to change anytime without notice.