Image licensing and usage terms
1.1 This license is individual, non-transferable and non-exclusive. It gives you the right to use the photographs on any type of medium, for any sort of utilisation, such as for example the illustration of press articles, advertising, on-line use, as well as the right to carry out any form of reproduction, printed or digital, needed in what you intend to do with the photographs.
This licence is granted to you with a time limit based on the life of the property listing with the current contracting client (real estate agent) or unless you should fail to respect
one of its clauses. This license allows you to crop the photographs, to take elements out of them, to use them partially, to touch them up or add elements to them.
1.2 The following uses are not authorised in compliance with the licence granted to you here. Before any use in one of the following cases,
it is mandatory to contact Property Snaps (ABN 41 696 255 781) in order to pay an additional license: For any use of the photographs in a third
party product or if they are to be commercialised, of which they represent the main value, such as, reports, postcards and posters. For any billing activity
through a commercial network, reproducing the whole or part of a photograph.
1.3 It is forbidden to resell, give a sub-license, give, lend, sub-let, distribute the whole or part of an image, whatever its size and resolution unless you are acting on behalf of a client as advertising agency or similar.
It is forbidden to use the photographs in a context which might be political, slanderous, immoral, offensive or degrading
1.4 Property Snaps (ABN 41 696 255 781) certifies that it is entitled to all the commercial rights pertaining to the photographs.
1.5 All rights pertaining to the photographs are owned by Property Snaps (ABN 41 696 255 781). The granting of this license does not imply a transfer of ownership.
The photographs are protected by the laws on royalty and copyright. You are therefore under the obligation to use the photographs like any other protected product.
Any representation or reproduction, complete or partial, carried out without the consent of Property Snaps may be considered a a breech of contract.
1.6 All images provide by Property Snaps (ABN 41 696 255 781) to the listing agent are 100% owned by Property Snaps (ABN 41 696 255 781) unless otherwise stated.
All images provided by Property Snaps (ABN 41 696 255 781) may have been captured using Property Snaps (ABN 41 696 255 781) staff, contractors or third parties.
In the event that Property Snaps (ABN 41 696 255 781) uses a third parties’ supplier will ensure that we have the contractual right to license the images.
1.7 Property Snaps (ABN 41 696 255 781) may resell image the rights to third parties, other real estate agents or advertising agencies.
The resale of image rights may only completed once the current advertising campaign has ceased.
Disclosure to vendors, tenants, investor or any associated person(s)
2.1 In accordance with the terms of this agreement you must disclose to the client, vendor, tenant, investor or any associated person(s) involved
with the property that is being photographed that the images captured are bound by the image use agreement (section 1.1) and that all image captured
or produced remain the property of Property Snaps and may only be used for the life of the listing. This disclosure is normally indicated on the vendors
advertising schedule and may or may not include this entire document. Upon request from a vendor or associated person this document may be presented.
2.2The vendor, tenant, investor or any associated person(s) may obtain copies of the images for personal use only and must not reproduce, resell
or redistribute those images for commercial purposes or for marketing use with another selling agent or marketing company. All copies provided
will include a watermark or security tag.
2.3 All photography bookings are a direct contract between Property Snaps (ABN 41 696 255 781) and the company booking the job such as the
advertising agency or listing agent. The vendor, tenant, investor or any associated person(s) have no involvement in the contract between Property
Snaps (ABN 41 696 255 781) and the listing agent and have no rights over any images unless specifically requested.
Termination and licensing agreements
3.1 The license contained in this Agreement may terminate automatically without notice from Property Snaps (ABN 41 696 255 781) if You fail
to comply with any provision of this agreement or fail to pay any accounts or monies owed. Upon termination, you must immediately:
(i) stop using the Digital Photos; and
(ii) Delete any Digital Photos and all copies of all of them from all digital media and destroy all other copies or, upon request of
Property Snaps (ABN 41 696 255 781).
Resale and re-license of images and IP
Section 4- Resale 4.1 Images may be resold to vendors or interested parties, resale of images can only be done where the original contracting client
has given permission for the images to be re-distributed.
4.2 All image resale will incur an admin and re-license fee – ( See fees)
5.1 This Agreement will be governed in all respects by the laws of Australia. The Courts of the Australia shall have the non-exclusive jurisdiction to hear any disputes under this Agreement. Not withstanding the foregoing, Property Snaps (ABN 41 696 255 781) shall have
the right to commence and prosecute any legal or equitable action or proceeding before any court of competent jurisdiction to obtain injunctive
or other relief in the event that, in the opinion of Property Snaps (ABN 41 696 255 781), such action is necessary or desirable.
Fees and charges
All images are services are initially licensed at a subsided single usage rate as set out in Property Snaps current pricing.
Some images can be resold at Property Snaps discretion.
Image re-license fee per image – Price range $250 – $550.00 inc gst, depending on image and subject to approval, full images sets can only be re-licensed as a full set with approval and the price is decided by Property Snaps .
Image infringement, copyright and ownership transfer Price range based on image, circulation and usage $500 – $2,000 per image
Unauthorised Image Usage
Property Snaps hold the master copyright to all images, floor plans, renders and graphics produced by Property Snaps, Property Snaps Staff and Property Snaps Contractors. All images are provided to clients under license only.
Anyone individual, company, corporation or entity using Property Snaps images with out proper written authorisation may be liable to costs associated with copyright, damages, loss of business, defamation of brand. In addition images found being used in an unauthorised capacity will be subject to full copyright fees as set out in Section 7 of Property Snaps terms and conditions.
Any unauthorised usage maybe perused via legal representation of whom Property Snaps appoint as their legal representative and in accordance with the Australian Copyright Act of 2006 and including any other related state and federal laws.
Booking and Cancellation Fees
8.1 – Cancellation of bookings must be made via 24 hours prior to the actual job date/time for real estate agents, for builders and one off projects 3 days notice for cancellation is required. Cancellations must be made in writing via email to firstname.lastname@example.org
Cancellations will in incur the following fees :
Real Estate Shoots
- 50% of job value if cancelled 24 hours prior
- 80% of job value if we arrive on site and the home can not be photographed
- 50% of job value if cancelled 24 hours prior
- 50% of job value if cancelled 7 days prior for overnight and travel based bookings
- 100% of job value of job if full day job and project can not proceed on day
Accounts & Terms
9.1 – Account terms
New accounts with out application – COD
New accounts with application – 7 day terms
Established accounts with directors guarantee – 14 days from EOM (30 days by negotiation)
9.2 – Overdue Accounts
All overdue accounts will be issued with a $55 late fee, following month late fees are charged at 10% of outstanding balance every 30 days.
Accounts issued for outsourced collection will incur further collection fees.