Terms and Conditions
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All bookings will be confirmed by Melbourne Property Photography prior to attending appointment; outlining the type of Content / Services chosen by you, the Client, prior to undergoing any Content creation.
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All images / Content are post produced and delivered electronically within mutually agreed time frame (applies to business days only).
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Any additional fees will be advised to you prior to undertaking any services.
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It is the responsibility of the real estate agent to advise it's clients of appropriate appointment times.
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Properties outside of the 50km radius of your local Melbourne Property Photography Photographer may incur additional travel charges, at up to $0.80 per kilometer. This will be outlined to you prior to undertaking any services.
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Images will be supplied in low-resolution, until full payment (as itemised on the invoice) has been made, after which the high-resolution images will be released (unless alternative arrangements have been discussed and agreed to by all parties involved).
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If a property is unattended at arrival and access is not possible, a cancellation fee will be charged at 50% of the total booking value.
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All packages come with a 100% satisfaction guarantee.
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Melbourne Property Photography will invoice for services within 5 days of completion unless otherwise advised.
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Payment must be made in accordance to the terms set out on the invoice particulars.
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You agree to inspect all services and/ or products and notify us of any defects within 5 business days of the creation of the services and / or products (Content), failing which we will have no liability for any defects.
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Tailored packages can be arranged; please email : melbournepropertyphotography@gmail.com for further information.
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All Account Customers have a 28 Day Account.
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2D / 3D Floor Plans will be delivered within 48 Hours or 2 Business Days.
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Community and Promotional Sign Boards carry a 50% Discount.
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Other Sign Board sizes not mentioned will be priced on application.
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A $16.50 Administration fee will be charged on the 1st of every month and every month thereafter on outstanding invoices / amounts, including part payments exceeding 28 days of original invoice issue date.
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All prices displayed are exclusive of GST.
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If payment is not received within 28 Days of initial Invoice date and alternative payment arrangements have not been made between both parties, as specified in clause 6.1 of the Copyright Terms and Conditions will be deemed in breach of the single-use Content License of Melbourne Property Photography T&C and therefore Terminated.
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Melbourne Property Photography retains all ‘moral rights’ to Content / Works produced.
IMPORTANT INFORMATION: MELBOURNE PROPERTY PHOTOGRAPHY (THE ‘BUSINESS’) IS A PHOTOGRAPHY SERVICE AND MARKETING BUSINESS . PLEASE READ THE BELOW TERMS & CONDITIONS AND OUR COPYRIGHT LICENCING AGREEMENT CAREFULLY BEFORE MAKING A BOOKING VIA EMAIL, TEXT OR DIRECT CONTACT OR USING THE ONLINE BOOKING FORM. BY PLACING A BOOKING IT IS DEEMED YOU ("THE CLIENT") TO HAVE READ AND UNDERSTOOD THESE TERMS & CONDITIONS OF USE AND TO HAVE AGREED TO BE BOUND BY THESE TERMS & CONDITIONS OF USE, WHICH SHALL FORM A LEGALLY BINDING AGREEMENT BETWEEN YOU (THE "CLIENT") AND MELBOURNE PROPERTY PHOTOGRAPHY.
**Copyright Terms and Conditions for Single-Use Licensing**
**1. Introduction**
These terms and conditions govern the use of copyrighted images / Content ( "Intellectual property") provided by Melbourne Property Photography. By purchasing a license, you (The "Client") agree to comply with these terms and conditions.
**2. License Grant**
2.1. **Single-Use License**: The Client is granted a non-exclusive, non-transferable, single-use license to use the purchased images, Floor Plans, Video etc. ("Content") for one specific listing (e.g., one product listing on a website, one property listing on a real estate site).
**3. Permitted Use**
3.1. **Specific Use**: The licensed Content may only be used for the specific listing described at the time of purchase. Any additional use requires a separate license.
**4. Restrictions**
4.1. **Prohibited Uses**: The Client may not use the Content for:
- Any other or future listings or advertisements
- Commercial products or merchandise
- Altering, editing, or creating derivative works of the Content without the Photographer's prior written consent
- Redistribution, sublicensing, or sharing the content with third parties.
4.2. **Modification**: The Content may not be cropped, edited, or otherwise modified without explicit permission from the Photographer.
4.3. ** Moral rights**: Melbourne Property Photography automatically gains ‘moral rights' to all creative works / Content.
**5. Copyright**
5.1. **Ownership**: The Photographer retains full copyright and ownership of the Content. This agreement does not transfer any ownership rights to the Client.
5.2. **Credit**: Where possible, the Client must credit the Photographer (Melbourne Property Photography) as the creator of the Content.
**6. Termination**
6.1. **Termination for Breach**: This license will automatically be terminated if the Client breaches any of these terms and conditions.
6.2. **Effect of Termination**: Upon termination, the Client must immediately cease using the Content and delete and destroy any copies in their possession. This Includes removal of Sign Boards containing any Content, removal and disposal of all Brochures and Window Display Cards, removal from all forms of internet advertising / Publications including Social Media, Third party websites and all third party advertising channels. All printed and digital media are required to be removed and destroyed .
**7. Liability**
7.1. **Indemnification**: The Client agrees to indemnify and hold the Photographer non-liable for any claims, damages, or liabilities arising from the Client's use of the Content.
7.2. **No Warranty**: The Content is provided "as is" without warranty of any kind. The Photographer is not liable for any damages arising from the misuse or inability to use the Content.
**8. Governing Law**
These terms and conditions are governed by the Australian Copyright Law. Any disputes will be subject to the exclusive jurisdiction of the Courts of Australia.
**9. Amendments**
The Photographer (Melbourne Property Photography) reserves the right to amend these terms and conditions at any time. The latest version will be available on our website: melbournepropertyphotography.com.
**10. Contact Information**
Melbourne Property Photography
Po Box 2266 Gladstone Park 3043
E-mail: melbournepropertyphotography@gmail.com
Web: https://www.melbournepropertyphotography.com
All Intellectual property displayed on this website and any Works ,Photographs ,Video Creation , 360° imagery , Drone Imagery , Melbourne Property Photography Logo(s) Blogs etc. ("Content") created by photographers of the Melbourne Property Photography Group / network are the Intellectual Property of Melbourne Property Photography. No part of this website, including its content, or any of its works may in any form or by any means (including, without limitation, electronic mechanical, micro copying, photocopying, recording or otherwise) be used, copied reproduced, stored in a retrieval system or transmitted without the prior written consent of Melbourne Property Photography or any subsidiary companies.
In addition to a civil action including, an action for substantial damages for breach of copyright contraventions of the copyright act may constitute criminal offences punishable by a heavy fine for a first offence. For a subsequent offenses, the penalty may be an even heavier fine and/or (6) months imprisonment. Both individuals (including, without limitations, directors) and the company may be included in any such legal actions.
Please view the FREE PDF Download "Photographers & Copyright" Published by the Australian Copyright Council.
https://www.copyright.org.au/browse/book/ACC-Photographers-&-Copyright-INFO011