Terms of Service
Use of Premises
By ordering services from Digital Homes, the Client agrees to the entirety of the following agreement for any and all productions or work associated with this project.
SERVICE & PRODUCTION REQUESTS:
To ensure the best results of the service & production requested, please be sure the property is ready prior to the scheduled time of appointment(s).
* It is the Client’s responsibility to ensure that the property is ready to be serviced at the arranged time.
* For liability, Digital Homes does not handle any cleaning, dusting, or moving of furniture or decor. We are not able to physically move or remove property signs.
* The Client in regard to the property shall ensure that there are no hazards to Digital Homes or its employees or subcontractors at the site.
* Digital Homes will work with the Client in regard to the property owner’s pets. If pets will be an issue, please make a note of it when services are ordered.
* The Client must reschedule with us at least 24 hours before the shoot. Last-minute postponements or cancellations are subject to a fee. Instances of weather that prevent Digital Homes from servicing the property will have the fee waived.
WORK PRODUCT OWNERSHIP:
Any copyrightable works, ideas, discoveries, inventions, patents, products, or other information (collectively, the “Work Product”) developed in whole or in part by Digital Homes, its employees, or subcontractors shall be the exclusive property of Digital Homes.
* The Client does not have the right to relicense, distribute, or sell any Work Product developed in whole or part by Digital Homes.
* Digital Homes reserves the right to use video and photos for advertising, display, publication, or other purposes.
* All photos, samples, videos, and proofs remain the exclusive property of Digital Homes unless waived by amendment to this agreement. Unauthorized use of photographs or video is a copyright violation and will result in the termination of this contract.
* The Client is granted a non-exclusive, limited license to use the photos and videos provided until the property is sold or the listing is removed, whichever occurs first.
TURNAROUND TIME:
Once on site, Digital Homes services may vary in duration based on the condition of the home, the size of the home, the services ordered, and unforeseen events. For best results, please contact support@digitalhomes.io.
3D MATTERPORT VIRTUAL TOURS:
* 3D Matterport Virtual Tours include free hosting for 3 months.
* After 3 months, 3D Matterport Virtual Tours will be archived, and the branded and unbranded links will no longer be active.
* Extended hosting is available upon request for an additional cost Annually per Active Scan (12 months of hosting).
VIDEO EDITING & POST-PROCESSING:
Digital Homes property videos typically follow a format of a property walk-through, with royalty-free music. If another format is needed, the Client must provide specific requirements or details to Digital Homes prior to the start of the shoot.
* After content is delivered, please let us know within 2 business days if you have any changes you would like to make.
* After 2 business days, we will consider the project completed, and any changes may be subject to additional fees.
PAYMENT TERMS:
Digital Homes requires a valid credit card to be on file for all projects. A refundable deposit of 10% of the project fee will be taken upon booking. Full payment is required prior to the release of any media. Payment must be settled in full before any photographs, videos, or other media will be delivered.
Use of any media provided by Digital Homes without payment in full constitutes a violation of copyright law and will be pursued as such. The Client does not have the right to use, display, or distribute any Work Product until all outstanding invoices are paid in full.
CANCELLATION & POSTPONEMENT POLICY:
Digital Homes understands that sometimes schedule adjustments are necessary. Therefore, we offer some flexibility for the Client to cancel or postpone projects. The Client must notify Digital Homes of any necessary changes to the schedule 24 hours in advance.
* Any appointment canceled or changed without 24-hour notice will result in a fee.
* Any appointment missed (Once an employee of Digital Homes is on site and is unable to begin the assignment) will result in a charge of the total invoice.
* Any appointment delayed by more than half an hour will be subject to a rescheduling fee. Our team is required to leave at the end of the scheduled shoot if they have another appointment, and we will need to reschedule if the project is incomplete. The agent assumes all responsibility for delays.
WEATHER POLICY:
There may be events when services cannot be fulfilled due to weather. If the Client and Digital Homes proceed with production, Digital Homes will provide to the best of our ability to complete the assignment. Standard rescheduling rates may apply for additional outdoor production required on another day with better weather.
PROPERTY OWNER APPROVAL:
The Client may need to obtain a written signed approval from the property owner prior to servicing or producing the Work Product. Digital Homes can provide (at request) a written approval form. Digital Homes makes every effort to maintain the privacy of the property owner's neighbors. All footage is focused on the property being filmed and Digital Homes will do their best to respect the privacy of anyone not directly involved. If necessary, the Client may be required to ask for permission from neighbors before Digital Homes begins filming.
NON-SOLICITATION OF CONTRACTORS:
The Client agrees that during the term of this agreement and for a period of one (1) year after the completion of any services provided by Digital Homes, they will not directly or indirectly solicit, hire, or engage as an employee, contractor, or in any other capacity any employee or subcontractor of Digital Homes without the prior written consent of Digital Homes.
If the Client breaches this non-solicitation clause, they agree to pay Digital Homes a fee equal to 25% of the annualized compensation that would have been paid to the employee or contractor by Digital Homes, or $10,000, whichever is greater, as liquidated damages.
LIMITED LICENSING RELEASE:
Digital Homes licenses the use of Work Product, content, and intellectual property. The Client may use the delivered photos and video for electronic or printed forms of advertisement for the promotion of the listing until the property is sold or the listing is removed.
* Builders, Stagers, Designers, or other Third Parties must contact Digital Homes directly for licensing and fees.
* For image integrity and quality control, Digital Homes asks that photographs and videos not be altered once delivered. Re-sizing is an exception.
* Client agrees that any alterations that are requested for the licensed media is compliant with their local MLS, their Brokerage, and local laws.
USAGE:
The Work Product provided by Digital Homes may be uploaded to any social media or MLS listing services by the Client solely for the promotion of the listing during the pendency of this Agreement. At no time does this Agreement provide the right to transfer copyright, licenses, or any other exclusive rights.
MEDIA RELEASE:
I hereby waive any right to inspect or approve the finished photographs or electronic matter that may be used in conjunction with them now or in the future, whether that use is known to me or unknown, and I waive any right to royalties or other compensation arising from or related to the use of my image and likeness.
LIMIT OF LIABILITY:
Digital Homes' liability for any claims, damages, or losses arising from services shall not exceed the amount paid by the Client for the specific service rendered. This limit of liability applies to all claims, damages, and expenses, including attorney’s fees.
GOVERNING LAW AND JURISDICTION:
These Terms of Service shall be governed by and construed under the laws of the State of New York, without regard to its conflict of law provisions. The Client agrees that any legal action or proceeding shall be brought exclusively in the courts located in the State of New York.
CLIENT PROPERTY AND PERSONAL BELONGINGS:
Digital Homes is not responsible for the loss, theft, or damage of any personal items or property on-site. The Client assumes responsibility for securing and safeguarding personal property at the location.
RIGHT TO REFUSE SERVICE:
Digital Homes reserves the right to refuse service at its discretion if certain conditions are not met or if there are unforeseen safety or operational concerns that prevent the fulfillment of the service.
Waiver of Liability and Assumption of Risk Agreement
In consideration of the service(s) to be conducted and project(s) to be produced at the premises, its satellite, or other extensions of said premises related to this project, I, myself, my business, or any other entity I represent including my broker, clients, heirs, representatives or assignees, do hereby release, waive, discharge, and covenant not to sue Digital Homes LLC, hereafter referred to as "Digital Homes," its trustees, directors, officers, employees, contractors, and/or agents from liability from any and all claims including negligence resulting in personal injury, accidents, or illnesses (including death) and property loss arising from the use of or presence at said premises.
INDEMNIFICATION AND HOLD HARMLESS:
I also agree to indemnify and hold harmless Digital Homes LLC, its trustees, directors, officers, employees, contractors, and agents, from any and all claims, actions, suits, costs, expenses, damages and liabilities including attorney fees as a result of this project and the use of premises.
AMENDMENT CLAUSE:
Digital Homes reserves the right to amend these Terms of Service at any time, with or without notice. The Client’s continued use of services constitutes acceptance of any modifications to these Terms of Service.
ACKNOWLEDGEMENT OF UNDERSTANDING:
I have read the entirety of this Agreement, waiver of liability, assumption of risk, and indemnity agreement, and fully understand its terms. I acknowledge that I am agreeing to these terms freely and voluntarily, and intend by contracting Digital Homes to proceed with Digital Homes servicing or producing the Work Product to be a complete and unconditional release of all liability to the greatest extent allowed by law.
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