This Agreement is made effective for all purposes in all respects by and between David James Photography, hereinafter referred to as the “SERVICE PROVIDER” and the buyer of services hereinafter referred to as “CLIENT”.

If the CLIENT uses any of the services offered by the SERVICE PROVIDER, they are bound to the Terms and Conditions as outlined herein. It is the responsibility of the CLIENT to assume that Terms and Conditions exist and that it should be read and understood prior to using any services offered by the SERVICE PROVIDER. The only way to add or change this agreement is to do so in writing, signed by all parties.

A CLIENT who orders a Matterport 3D virtual tour, a Google Street View virtual tour, or any other service provided by the SERVICE PROVIDER in collaboration with a third party company also agrees to the third-party company’s own Terms and Conditions.

If any part of these Terms and Conditions is found to be void or unenforceable the rest of the Terms and Conditions will still remain in full force. By accepting an estimate, or otherwise commissioning work, from the SERVICE PROVIDER, you will have agreed to these Terms and Conditions.

For the purpose of any dispute arising these Terms and Conditions will be governed by the laws of Scotland.

1. Copyright & licensing:

The SERVICE PROVIDER retains copyright of all photography undertaken for the CLIENT and reserves the right to show or display the images for its own promotion unless otherwise agreed upon.

2. Pricing & Payment Terms

The SERVICE PROVIDER reserves the right to request a non-refundable deposit of 50% of the estimated price prior to work being started. If a requested deposit is not received then the SERVICE PROVIDER reserves the right to suspend or abandon the services being provided.

CLIENT shall make the remaining 50% of the payment after the production, and upon receipt of the invoice. Grant of deliverable is conditioned upon receipt of payment in full. Payment may be made by e-transfer, credit card or cash.

3. Cancellation / Rescheduling:

If cancellation or rescheduling is necessary a minimum 24-hour notice must be provided.

Whilst the SERVICE PROVIDER will make every effort to deliver on the services agreed, the SERVICE PROVIDER reserves the right to cancel without liability if it is prevented from delivering and will inform the CLIENT as soon as possible to this effect. Any deposit will be returned on request and the CLIENT will be free to contract with an alternative supplier or to agree on an alternative delivery schedule with the CLIENT.

4. Delivery dates:

Whilst every effort will be made to provide services to the timescale outlined, delivery dates are given as an estimate only and the SERVICE PROVIDER shall not be responsible for any problems, difficulties or loss arising from any delay.

5. Area Preparation:

It is essential that the area is prepared for the photography and/or virtual tour photography, 3D scan, and ready upon the arrival of the SERVICE PROVIDER technician.

If the area is not ready to be scanned/photographed when the SERVICE PROVIDER technician arrives (as per the Area Preparation Checklist), the technician may choose to wait until the area is ready, or come back at a different time/day.

6. Onsite Services:

Onsite services such as property photography, 3D scan and virtual tour photography can take anywhere between an hour to a full working day to complete (or more), depending on property size and service chosen.

Please contain all pets in an area(s) that will not be captured.

Please try to minimize the number of people on the property during the appointment. Please do not book other appointments during the production session. Delays incurred on-site falling outside the scope of work required by any member of the SERVICE PROVIDER team will be billed to the CLIENT at £50 per hour.

7. Delivery / Archival / Hosting:

Photographs and 3D Virtual Tour scans and panoramic virtual tours are typically available between 24 and 72 hours* after the shoot. The images are edited and optimized for quality before delivery to our CLIENT’s. Images will be delivered via email (zip file, Google Drive, Dropbox) per request.

Matterport 3D Virtual Tour scans are hosted on SERVICE PROVIDER own Matterport Cloud Server and are licensed to the CLIENT for the time period agreed starting on the delivery date unless otherwise agreed upon. Longer-term hosting is paid monthly at an additional charge. In the unlikely event of SERVICE PROVIDER’s dissolve, the CLIENT can self-host the 3D Virtual Tours on their own Matterport account. SERVICE PROVIDER can transfer all necessary data to the CLIENT.

The CLIENT will receive an email once the media has been processed, and will receive the deliverable within the email via any of the following depending on the type of deliverable: web URL, embed URL, attached zip file, Google Drive file, or Dropbox file. (If necessary, other forms of online storage can be discussed prior to the appointment date).

Delivery times are approximations based on averages. Larger projects with custom requirements take longer to process.

8. CLIENT Representation:

The CLIENT is responsible to be present at the beginning of the shoot to approve the SERVICE PROVIDER technician’s interpretation of the assignment. If the CLIENT is not present, the technician’s interpretation shall be deemed acceptable.

9. Indemnification

The CLIENT hereby indemnifies and holds the Company harmless against any and all liabilities, claims, and expenses, including lawyer’s fees, arising from the CLIENT’s use of the Company’s work.

*These Terms and Conditions are subject to change without prior notice so we recommend you review them regularly.