Terms & Conditions
Terms and Conditions for provision of The Official Photographers trading as inHouse. To discuss these further please contact Shannon at hi@inhousenz.com
Intro
This document constitutes a legally binding agreement between inHouse (referred to as “inHouse”) and You (referred to as “You” or “Your”). These terms and conditions of business govern all commissions undertaken by inHouse, unless otherwise explicitly agreed upon in writing. By placing an order using an online order form, or by ordering via phone or email, You acknowledge and accept these Terms and Conditions. Please note that all orders and requests for commissions or additional services are subject to inHouse’s acceptance. We reserve the right to modify this agreement periodically, and any updates will be posted or sent to You via email.
Services Offered and Commissions
inHouse offers a range of services, including but not limited to photography, editing of photos, drafting floor plans and videography.Please note that inHouse retains the discretion to decline any commission at its own discretion. All items we offer are viewable on our online booking system which can be logged into here: http://listings.inhousenz.com
Ownership of Intellectual Property
All copyright and intellectual property rights for the photographs and any other media produced by inHouse remain the exclusive property of inHouse.
License to Use
You, as the agent, are granted a limited license to use these images solely for the purpose of marketing the specific property listed in this campaign. This license allows you to use the photos across various platforms for the duration of the property’s marketing, but only in connection with selling this particular property at this time.
Limitations on Use
These photos and media may not be used for any third-party marketing or in connection with any other properties or projects, nor can they be used by any affiliated or unrelated companies without prior written consent from inHouse.
Order Placement
You can place orders with inHouse through our online order form at www.inhousenz.com, which is accessible 24 hours a day, 7 days a week (with the exception of occasional downtimes for essential maintenance). Alternatively, we also offer the option to discuss and place orders over the phone at no additional cost.
Appointment Scheduling
inHouse endeavors, but does not guarantee, to attend to all orders placed online or over the phone before 2 p.m. on the next working day, whenever feasible. However, this is subject to availability.
Turnaround
For basic packages and floor plans, we are dedicated to completing them within 48 hours, with a goal of delivering them within 24 hours from the commission’s completion. Videography may take up to 72 hours, and high-end packages may also require up to 72 hours for completion.
Approval and Rejection Policy
inHouse strives to understand and accommodate your photographic preferences before commencing any work. If we do not receive specific preferences from you regarding photography, our photographs will be considered acceptable unless you notify us via email or phone within 2 working days of receiving the images, stating the precise reasons for their unacceptability. Should we concur with your assessment, we will reshoot the property at no additional cost. However, if we believe the rejection is based on undisclosed personal preferences, any required reshooting will be charged.
For floor plans, we guarantee accuracy (in respect of physical features) upon submission for approval. Should an error on our part be identified, we will rectify it without any extra charge. It is essential that you inform us at the time of placing your order if there are areas not clearly defined or not obviously included in the property. Any rejection or error must be communicated to us within 2 working days of submission to you via email or phone. Failure to do so will result in any images not accepted or rejected within this timeframe being deemed accepted and will be charged according to the original order at the agreed prices, even if mistakes are subsequently discovered.
Fees and Payment
Please note that inHouse fees may be subject to occasional changes. For first-time clients working with inHouse, we require upfront payment for our services. Once a working relationship has been established, subsequent payments for inHouse services are due on the 20th of each month, unless alternative arrangements have been agreed upon before placing the order. All transactions with inHouse will be billed in New Zealand dollars, as we are a New Zealand-based business.
Refund Policy
You can make payments online using Visa, Mastercard and bank transfer. In the unlikely event that we are unable to provide a service in your area within an acceptable time frame, inHouse will issue a full refund of the payment. Please be advised that refunds will not be provided for instances of “change of mind” or if vendors decide to withdraw their home from the market. Once a service has been rendered, we are unable to offer refunds in these circumstances. For further details on our refund policy, please refer to the remainder of our Terms and Conditions.
Photography & Videography
When placing an order, you allow the photographer to take photographs at their discretion. However, please be aware, you will not be eligible for a free re-shoot if we do not capture specifics . To ensure specific shots are captured, you must clearly communicate your preferences prior to the photography session.
Floorplans
inHouse commits to exercising reasonable skill and care in sketching and draughting floor plans. It is important to note that all floor plans provided by inHouse are intended solely for indicative purposes. They are not intended to be scale drawings, and any measurements and areas quoted are approximate, regardless of whether a suitable disclaimer appears on the drawing. As the client, it is your responsibility to ensure that the floor plan accurately represents the property. inHouse cannot be held liable for any errors, omissions, or inadvertent misstatements in the floor plan. However, we always strive to measure with the utmost accuracy to deliver the best possible results.
Retouching and Editing
The standard photography package includes basic retouching, enhancing color balance, exposure, and contrast for improved image appearance. Additional retouching requests like sky or grass replacements are extras and may incur additional charges. For high-end photography packages, extensive editing is provided for a polished and professional look. The extent of retouching is at the photographer’s discretion, considering their expertise and artistic judgment.
Clients should discuss retouching preferences before the session. Additional retouching beyond the package scope will be quoted separately.While the photographer aims for high-quality images, the final outcome may vary due to lighting and other factors.
Weather Rescheduling Policy
For basic photography packages, rescheduling will only take place in the event of rain or torrential rain. In cases where there are overcast or grey skies, basic photography sessions will proceed as scheduled, with complimentary sky replacements offered to enhance the final images.
However, for high-end photography packages, weather conditions may necessitate rescheduling to ensure optimal results. The decision to reschedule high-end photography sessions will be made at the photographer’s discretion, taking into account the potential impact of weather on the quality of the final images.
Indemnification for Inappropriate Use of Images
The client must use the images solely for the sale of the property by the Agency. Unauthorized use by the client or any third party is strictly prohibited. Unauthorized use, especially for marketing a third-party company, is strictly prohibited. If images are used inappropriately, the client agrees to indemnify the photographer against any claims, damages, losses, or liabilities arising from such unauthorized use. Any use beyond the agreed-upon purposes requires explicit written consent.
Your Obligations
In the event that inHouse is unable to access the premises for a scheduled appointment, you will be liable for a $50 cancellation fee. It is your responsibility to ensure that the premises to be photographed or drawn for a floorplan are in a suitably presentable state. Please be aware that inHouse reserves the right to decline photographing a property that is unsuitable due to its state of repair or cleanliness.
For the best results, it is essential that the house is prepared and in a “shoot ready” state when the photographer arrives. Please note that our scope of work does not include staging or fluffing, and we will not be held responsible if undesirable items are in the photos. The responsibility for staging and preparing the property rests with the vendor or agent. Ensuring the property is in its optimal presentation will contribute to capturing high-quality images.
It is your responsibility to ensure that the display and distribution of photographs, floor plans, and printed particulars comply with all relevant legislation, regardless of the medium used—whether it be internet, post, hand delivery, or email. By commissioning the photography, production of a floor plan, and printed particulars of the premises in question, you warrant that you have the necessary authority to do so. This includes granting inHouse photographers and floor planners access to the premises for their work. Ensuring compliance with these obligations will help maintain a legally sound and efficient process.
Client Cooperation
The client must be punctual for the scheduled photography session. Delays caused by the client may result in a shortened session or potential rescheduling, at the photographer’s discretion. Additionally, the client must conduct themselves in a respectful manner during the session to ensure a conducive environment for capturing images. The photographer will do their best to accommodate requests while exercising professional judgment to achieve the best possible outcome.
Model Releases
The Real Estate Agent will be responsible for obtaining the necessary model release consent from all subjects featured in the photographs. The model release form will outline the permitted uses of the images and will be signed off by the models or property owners before or on the day of the photography session. The Real Estate Agent will ensure that the model release process complies with all applicable laws and regulations.
Electronic Storage
Upon issue of the relevant email, you will have access to download photographs and floor plans through a secure login that links to the inHouse server. These files will be available for download at any time from our server. Please be aware that after 60 days, inHouse reserves the right to remove photographs from the server and archive them, unless an agreement has been reached between you and inHouse to extend the storage facility. If for some reason you need archived content, there is an archival fee of $150.
Warranties & Liabilities
inHouse ensures that the commission will be carried out with reasonable skill and care. All other warranties, whether expressed or implied, are hereby excluded to the fullest extent permitted by law. The total liability of inHouse (whether in contract, tort, including negligence, or otherwise) shall be limited to the total fees paid by You under this agreement.
In no event shall inHouse be liable to You or any third party for any loss of profits, sales, turnover, or use, or for any indirect, consequential, or special loss.
inHouse shall not be held responsible for any delay or failure to carry out commissions under this agreement due to reasons beyond its reasonable control, including the acts or omissions of third parties or Your failure to fulfill Your obligations.
In the event that our photographer fails to arrive within 60 minutes of an agreed appointment, You have the option to request a new appointment at a mutually agreed time or seek a full refund of any monies paid for the commission. If there is a dispute about the quality of pictures taken, inHouse, at its sole discretion, may choose to re-shoot the images.
Please be advised that inHouse is not liable for breakage of locks/keys if they were previously faulty, and it is Your responsibility to notify inHouse of any issues in this regard before an appointment is attended. Moreover, You will be held liable for any damage to inHouse equipment caused by vendors/tenants during an appointment. This section shall remain in effect even after the termination of this agreement for any reason.
Termination
inHouse retains the right to terminate this agreement without prior notice for any reason, including non-payment of fees. Upon termination or expiration of this agreement, inHouse’s fees shall become immediately payable, regardless of the cause for termination.
General Terms
This agreement constitutes the sole and entire agreement between inHouse and You. If any part of the agreement is deemed unenforceable by a court, that specific part will not apply, while the remaining terms will continue to be in effect. All notices provided under this agreement must be in writing and sent to the respective addresses of the parties. This agreement shall be governed by the laws of New Zealand.
Online Quotes
Please be advised that inHouse retains the right to modify or revise the pricing quotes displayed online without prior notice.
Attendance and Callout Fee
For all appointments, inHouse charges an attendance and processing fee that covers both travel expenses up to 30kms, after that It is 0.80c per KM and the processing of images, floor plans, or other digital media generated as a result of the appointment.
Overdue Accounts
Accounts are all due to be paid on the 20th of the month. In the event of overdue accounts after the 20th of the month, inHouse reserves the right to impose a monthly administration fee of $200+GST and monthly interest costs of 2.5%. Additionally, any expenses incurred by inHouse in the process of recovering overdue accounts will be passed on to You.
Cancellation Policy
If you cancel an appointment with less than 5 hours notice, a fee of $50+GST will be applicable. This fee covers instances where photographers are unable to access the property through no fault of their own, including when an agreed appointment with the vendor is not kept by the vendor. For morning appointments, cancellation should be made by the day before. Please note that inHouse will review each cancellation on a case-by-case basis before applying cancellation charges. To cancel an order, kindly contact us via phone 0278447930.
Force Majeure
The photographer shall not be held liable for any delays, interruptions, or failure to perform their obligations under this agreement resulting from circumstances beyond their reasonable control, including but not limited to:
Extreme Weather Conditions: Such as hurricanes, storms, floods, or other severe weather events that may impact the ability to conduct the photography session. Natural Disasters: Including earthquakes, wildfires, or any other natural calamities that may affect the photographer’s ability to fulfill the services. Acts of God: Events beyond human control, such as pandemics, epidemics, or other public health emergencies. Governmental Actions: Such as government orders, laws, regulations, or restrictions that affect the photography session. Transportation Disruptions: Including strikes, transportation failures, or any other disruptions that hinder the photographer’s ability to travel to the designated location. Technical Issues: Such as equipment failure, power outages, or other technical difficulties that may impede the photographer’s ability to capture or deliver images.
In the event of a force majeure event, the photographer will make reasonable efforts to reschedule the photography session to a mutually agreeable date and time. If rescheduling is not possible, both parties agree to release each other from any further obligations under this agreement without incurring liability.
The photographer shall not be held responsible for any losses, damages, or expenses incurred by the client resulting from force majeure events. The client agrees to indemnify and hold the photographer harmless from any claims arising from force majeure events affecting the photography session.
Both parties shall communicate promptly in case of a force majeure event to discuss potential alternatives and reach a fair resolution.
