TERMS OF SERVICE

1. These Terms of Service:

1.1 These Terms of Service will apply to all Services provided by SharpShooter Imaging (“SharpShooter Imaging”, “us”, “we” or “our”) to you, the Customer, (“customer”, “you” or “your”).
1.2 All references to the customer in this Terms of Service shall include the customer’s parent companies, affiliates, and subsidiaries.
1.3 All references to Services and Materials provided by SharpShooter Imaging shall include, but is not limited to, all photographic material, floor plans, graphic compilations, copywriting and property consultation reports.
1.4 These Terms of Service shall not be varied except by agreement in writing by SharpShooter Imaging.
1.5 These Terms of Service shall be governed by the laws of the State of Western Australia.
1.6 By making a booking you have agreed to these Terms of Service in full.

2. The Services:

2.1 You will obtain all permissions necessary for us to perform our Services.
2.2 You, the property owner or your authorised representative will be present when we perform our Services except by agreement in writing with SharpShooter Imaging.
2.3 All pets should be contained when we are performing our Services.
2.4 We will be free to edit and enhance the Materials as we see fit.
2.5 Unless a rejection fee has been agreed in advance and in writing with SharpShooter Imaging you do not have the right to reject any Services or Materials on the basis of style, composition or editing.
2.6 SharpShooter Imaging will keep confidential and will not disclose to any third parties or make use of information communicated to them in confidence for the purposes of the Service, except as may be reasonably necessary to enable SharpShooter Imaging to carry out their obligations in relation to the Service.

3. Booking:

3.1 Bookings can be made via email or telephone. It is your responsibility when making a booking to determine the most suitable time of day to perform the Services.
3.2 We reserve the right to refuse any booking for any reason.

4. Cancellation:

4.1 If you cancel or reschedule a booking via email or telephone with less than 24 hours notice a cancellation fee of $60 will apply.
4.2 If you fail to attend an arranged booking a cancellation fee of $100 will apply.
4.3 If we cancel a booking then we will seek to reschedule the booking with you.
4.4 If we have agreed to a Service that includes an outdoor location we will seek to reschedule the booking with you in the case of poor weather or forecasted poor weather.
4.5 We reserve the right to terminate the Service immediately if it is deemed unsafe by us for any reason, there is disruption or uncooperative behaviour, or we are threatened or abused, or deem that the arranged Service cannot be performed.

5. Price and Payment:

5.1 You agree to pay our fees, as agreed in writing, or as set out in our SharpShooter Imaging Services document.
5.2 An invoice will be issued to you upon delivery of the Service/s and payment must be made within 14 days of the invoice date.
5.3 SharpShooter Imaging is entitled to withhold delivery of Service/s if you fail to pay any monies owed.

6. Delivery

6.1 Photographic materials will be provided via email within 2 business days of the shoot taking place or as agreed with the customer at the time of booking.
6.2 Other materials (excluding photographic materials), will be provided via email within 5 business days of the onsite consultation taking place or the date the service was agreed with the customer or as agreed with the customer at the time of booking.

6.3 You agree to inspect all Services provided and notify us of any defects within 5 working days of the delivery of the Services, failing which we will have no liability for any defects. You will allow us 5 working days to remedy any defects once we are notified in writing of the defect.
6.4 Should completion of the Services be prevented, delayed or hindered directly or indirectly by circumstances beyond our reasonable control then, at our option, either the delivery time shall be extended until the effect of the delaying cause has ceased or we may cancel the delivery of Services.
6.5 We reserve the right to refuse to release electronic files to third parties unless you have provided written consent to us.
6.6 We will retain copies of Materials provided to you for 30 days after the delivery of the Services. After this period has expired, we have no duty to retain copies or originals the Materials from this booking.

7. Copyright, Ownership and Usage of Materials:

7.1 We retain all intellectual property rights (including copyright) to all Materials delivered to you at all times throughout the world.
7.2 We will grant a licence to you with the limited right to reproduce, publicly display and distribute the Materials provided for promotional or advertising purposes directly related to the current sale or current listing of the property. This licence is withdrawn when the property is sold by you or the listing is withdrawn from the market by you. In the event the property does not sell, all images and other materials may not be transferred to any other party, including, but not limited to, subsequent listing agents or the property owner.
7.3 Any usage of the photos by a third party, including but not limited to, architects, builders, stagers, designers, owners, sellers or buyers is prohibited unless agreed in writing by SharpShooter Imaging and a fee will be payable as advised by us.
7.4 The licence granted to you may be terminated immediately by SharpShooter Imaging should you fail to comply with any provision of this Terms of Service or fail to pay any monies owed. Upon termination you must immediately stop using any Material provided by us.
7.5 A fee will apply, as advised by SharpShooter Imaging, if you require use of Materials previously provided to you, for subsequent listings, re-listings or property sales. We retain the right to refuse for Material previously provided to you to be used for subsequent listings, relistings or property sales.
7.6 We will be entitled to display the Materials we have delivered to you for our own marketing or publicity purposes. This includes, but is not limited, to our website, social media and all printed material. From time to time we may also license Materials for commercial use.
7.7 You must not edit the Materials provided in any way.
7.8 You will not have a right to receive all of the photographic material taken during a photo session.

8. Liability

8.1 We will not be liable to you for any property damage or financial loss or for any indirect, special, incidental or consequential loss or damage such as lost profit, lost opportunity, lost bargain, lost reputation, business, revenue, goodwill or lost savings whether caused by our negligence, the negligence of our employees, contractors or otherwise.
8.2 Save and except to any rights and warranties not permitted to be excluded by the Australian Consumer Law, our total liability will be limited to the amount applicable for the Service being provided. We will not be liable to any party other than the customer.
8.3 The customer shall indemnify SharpShooter Imaging against all claims, liability, breakage, damages, costs, tax including GST, and expenses, including reasonable legal fees and expenses, arising out of the creation of Services and Materials.
8.4 SharpShooter Imaging shall not be liable for any legal action or damages from or arising out of the publication of the Services provided or other use by the customer. The customer shall indemnify SharpShooter Imaging against any claims and/or damages as a result of the customers’ use of the images.
8.5 You will be liable for any loss or damage to our equipment if such loss or damage arises as a result of your negligence or deliberate acts or omissions.
8.6 SharpShooter Imaging does not represent or warrant that goods provided electronically will be free from computer viruses, corruption or other damaging or disabling programs.
8.7 SharpShooter Imaging shall not be liable for any loss or damage arising out of any failure by us to provide the Services by the agreed date or within a reasonable time. We shall not be liable for any loss or damage of any kind suffered by you for the resultant delay or cancellation of the delivery of Services.
8.8 SharpShooter Imaging may reschedule, cancel or refuse a booking at anytime and will not be liable for any loss or damage of any kind suffered by the customer arising from such a reschedule, cancellation or refusal.