TERMS & CONDITIONS
By using our services you are agreeing to the following Terms and Conditions. These may change from time to time at our discretion therefore they should be checked periodically.
1.) Definitions
‘Client’ or ‘Clients’ means a company or individual who orders services offered by
Mark Boltman Photography.
‘Property’ means the Client’s property for which we are engaged to photograph and provide our image and floor plan services.
‘Mark Boltman’ trading as Mark Boltman Photography: ABN 27 029 842 620
‘Us’ means Mark Boltman Photography as the case may be and ‘we’ and ‘our’ have corresponding meanings.
‘You’ means you the Client who has engaged us to provide products and services and ‘your’ has a corresponding meaning.
2.) Copyright
2.1 The ownership of and copyright in all photographs, products and services of any kind supplied by us to our Clients remains our property unless otherwise agreed in writing.
2.2 The photographs, images and floor plans and other content we provide are to be used for the express use of marketing the Property for sale or for rent.
Mark Boltman Photography’s products and services cannot be resold or re used or supplied to a third party for any other purpose or in any other way without our prior express written permission from Mark Boltman Photography and payment of relevant fees for that product or service. We charge a third party fee of a minimum $110 for the use of our work, to be paid before third party use for marketing of the relevant property.
Other charges may apply for use of our images and services for other uses and written permission must be given by Mark Boltman Photography before their use and relevant fees paid and received by Mark Boltman Photography.
3.) Liability
3.1 We take all reasonable care to provide a high quality product and service to our Clients.
3.2 Our floor plan pricing includes one set of complementary amendments excluding redraw of supplied plans which will incur a fee of $40 per amendment request. This does not include structural changes. Additional changes incur an amendment fee of $40 per request.
3.3 If our Clients require minimal and reasonable, additional Photoshop work to images then we will undertake this at no charge after first assessing the relevant requests for this work and agreeing to it. Discretionary or complex changes will attract additional charges on a quote basis. Please note that we will not remove or exclude fixed features that would in our reasonable opinion constitute misrepresentation of the Property or its features.
3.4 As all of our products and services are reliant on human performance, we cannot guarantee absolute accuracy.
3.5 It is the responsibility of the Client to proof all works before they proceed with advertising or marketing of any kind as Mark Boltman Photography will not be held responsible or liable for any mistakes/inaccuracies the client has not assessed or notified us about in reasonable time before our images or relevant services have been used for any marketing purposes of the property.
3.6 Therefore we are not liable for any costs of any kind including reproduction costs, loss of income or ensuing litigation arising from such errors or omissions. We will not be held liable for how the agent or homeowner market the property and it is wholly their responsibility to ensure room names, ceiling heights, boundary dimensions and image markings comply with the building code within their State or Territory and that every reasonable attempt has been made to market the property with our imagery, floor plans and services as true and as accurately as possible to their knowledge and understanding.
4.) Website Terms and Social Media sites Conditions of use
4.1 All content and images contained on Mark Boltman Photography’s website and social media sites is the Copyright of Mark Boltman Photography.
4.2 The images, photographs and content on our website and social media sites are protected by Australian and International copyright and trademark laws. All images, photographs and content on our website and social media sites cannot be used in any way by a third party without the express written permission of Mark Boltman Photography.
5.) Floor Plans
5.1 We charge for floor plans based on the total internal floor area only. The floor plan includes all enclosed areas of the property such as sheds, garages, storage areas and the like.
5.2 We include, in the floor plans external areas that are connected to the house and are usable (covered) areas.
5.3 Usable areas include balconies, courtyards, decks, verandas, patios and terraces but exclude pathways, walkways and landscaping.
5.4 Sitemaps are an optional extra which will attract an additional fee and are not included on our floor plans as standard. These must be arranged as a separate service and requested at the time of booking.
6.) Disclaimer for Floor plans
6.1 We accept no liability for the accuracy or details contained in our floor plans.
6.2 Our floor plans are drawn and also checked to the best of our ability for accuracy however the ultimate responsibility remains with the Client to ensure all details are correct before proceeding with marketing or advertising.
6.3 Information contained in our floor plans such as floor areas are approximate and have not been surveyed or drawn to scale.
Therefore, the Client and prospective buyers should rely on their own enquiries before making any decisions. Floor plans are not suitable for lease registration, architectural or building purposes. They contain no structural or engineering information and are for marketing purposes of the property only.
6.4 Our floor plans are for representational and indicative purposes only and should be used as such. If structural or detailed information is needed our floor plans should not be used.
7.) Photography
7.1 Our professional photography involves onsite techniques and post production retouching to ensure we create the best quality product for our Clients.
7.2a If additional time is needed on site or we cannot access the property on time we reserve the right to charge based on an hourly rate which currently is $90 per hour.
7.2b The property is to be ready for photography when we arrive, which means it is tidy and furniture is in the desired position and relevant items put away, of which the Agent, Client and Vendor do not want to be photographed. If the property requires time to get it “photography ready”, then we suggest the agent arrive at the property before us to ensure the property is ready before our arrival to the property or, that bookings are scheduled giving a reasonable time for the property to be made ready for photography. Mark Boltman Photography is not responsible for moving/removing items within or on the property nor styling or staging of the property. This is solely the agent’s and property owner’s responsibility and Mark Boltman Photography will not be held responsible or liable for images taken of items/rooms/areas that have not been prepared to the owner’s or agent’s satisfaction prior to our arrival or during the photographic shoot. Our photographers use the time Mark Boltman Photography has allocated for the photography to take photos and not to prepare or tidy the relevant areas being photographed.
As a guide we allow the following times onsite for the shoot;
5 images – 15 mins
10 images – 30 mins
15 images – 45 mins
Premium photography 15 images – 60mins
7.4 If post production editing is required at the Client’s request which is outside our usual parameters we reserve the right to do this work on a quotation basis. Our standard pricing does not include grass replacement, object removal and other such editing.
7.5 We require that the client approve the photos on the back of the camera onsite before the photographer leaves the property to ensure we have captured the property to your liking. It is therefore the Client’s responsibility to ensure they have done this and not the responsibility of the photographer. Proof images will not be provided unless Mark Boltman Photography has agreed to do this and an arrangement has been made between the client and Mark Boltman Photography prior to the shoot and at the time of booking. This will also affect the time of delivery of final images and should be discussed with Mark Boltman Photography and an agreed delivery date of final images confirmed between the Client and Mark Boltman Photography. If the Client cannot be present at the shoot we hold no responsibility for missed shots, incorrect angles or the Client’s/Vendor’s dissatisfaction with final images. With no Client present while the photography services supplied by Mark Boltman Photography are taking place, this constitutes a Client’s agreement and permission for our photographer to use their own professional and creative discretion when taking photographs of the property and relevant areas. Any requests for a re-shoot based on the Client’s dissatisfaction of the images supplied for any reason will incur a fee.
7.6 We will require the client to be onsite for the whole shoot if a property is occupied by tenants. This is non-negotiable.
7.7 We will require the client to be onsite for the whole shoot if it is the first time working together to ensure your expectations are communicated to us and we get the shots you need. If you cannot be there see 7.5.
7.8 We prefer not to pick up keys unless it has been organised prior to the booking time and we have time in our schedule to do so. This may incur a fee.
8.) Working hours
8.1 Our standard working hours are Monday to Friday 8am to 5pm.
8.2 Surcharges apply for dusk/dawn appointments and weekend work.
9) Storage of files
9.1 We will endeavour to archive all floor plans and photographs after 1 month.
9.2 To retrieve floor plans from archives an archive fee of $60 is applicable. Please see Archived Floor Plans below for further details.
9.3 Photography jobs, with their RAW files included, are stored for 1 month after which time the RAW files are deleted and the core JPEG images are archived. Only edited JPEG files are kept from the original photo shoots after 1 month.
9.4 To retrieve photo images from archives there is an archive fee of $90. We do not guarantee that all files will be successfully archived and take no responsibility for images or floor plans that are not available from our archive system.
9.5 Clients are responsible for immediately downloading, saving, storing and safely backing up all files we send to Clients to avoid lost data and possible archive fees to retrieve and resend data previously sent to the Client.
10.) 3D tours and video services
10.1 We will keep our Clients 3D tours hosted for 6 months (from the date the Client receives the relevant tour links from Mark Boltman Photography) after which time they will be removed/deleted. It is the Client’s responsibility to inform Mark Boltman Photography of the required 3D Tour continuation before the 6 month expiry date. Relevant reinstatement charges/ hosting fees are required to be paid to Mark Boltman Photography to ensure the reinstatement and continuation of the 3D Tour. We hold no responsibility for tours being deleted or removed if no notification has been received in writing from the client asking for extended hosting of the 3D Tour and relevant fees being paid in full for this.
10.2 To reinstate a 3D Tour which is no longer active (online) a fee of 50% of the original cost of tour is required. To extend the hosting of the 3D Tour after 6 months, a hosting fee will be charged based on the time required for the tour to be hosted and must be arranged in writing with Mark Boltman Photography before the 6 month period.
Please contact Mark Boltman Photography for pricing.
10.3 We cannot guarantee the 3D tour will still be available and hold no responsibility or liability for loss or deletion of the 3D Tour.
11.) Drone services
11.1 We provide free storage of edited drone-shots.
11.2 Drone photography is subject to CASA air clearance.
12.) Virtual Staging
12.1 Virtual staging requires the use of high resolution images.
12.2 Virtual Staging is a 2-3 business days turnaround from the day you receive the edited photos from the shoot, (or we receive high resolution images from the client) until you receive the final product. The photos must be edited (the day following the shoot), before the staging process can commence. The next stage is for the furniture to be selected and then placed or staged within the photo. This process is involved and takes time. It is subject to personal style and that of the property, (a new property will be styled differently to a house built in the 50’s or 60’s). We ask that you allow plenty of time before your launch date to ensure that there is enough time for possible correction or unforeseen delays with your virtual staging. We hold no responsibility for delays caused by the client not providing us with sufficient time to complete the virtual staging before the property launch date.
12.5 Changes to Virtual Staging
a.) Minor changes take 24 hours (1 business day) from when we receive your notice of changes and relevant instructions and are free of charge for the first request.
b.) Minor changes include things like, removal of a chair, changing the colour of a cushion, or adding a vase or artwork.
c.) Major changes take 24 – 48 hours (up to 2 business days) and incur a $50 amendment fee. A major change is where you need the entire room changed and the virtual staging is to be redone.
13.) Portrait photography
13.1 Portrait work is very personal and subjective therefore we require a detailed client brief to ensure expectations are met.
13.2 Photography must be proofed on site and unless there is an image clarity issue then re-shoots will incur further charges.
14.) Cancellations
14.1 We charge a $60 late cancellation fee if the job is not cancelled more than 2 hours prior to the allocated time or if we arrive on site for the booking and are unable to carry out the work for any reason. For dusk/dawn photography, if the booking is cancelled less than 24 hours prior to the booking time a cancellation fee of $60 will apply.
15.) Third party work
15.1 Mark Boltman Photography may use third parties such as contractors to perform some of our services.
15.2 Mark Boltman Photography uses all reasonable care to ensure the products and services supplied to our Clients are accurate but take no responsibility for errors or omissions of our Mark Boltman Photography contractors.
16.) Service turnaround times
16.1 We always endeavour to supply our photography back to our Client by 5pm the following working day from access.
16.2 We always endeavour to supply floor plans back to our Clients within 2 working days of floor plan being produced on site.
16.3 We always endeavour to supply Virtual Staging to our Clients within 3 working days from access.
16.4 Working days are classified as Monday to Friday.
16.5 Floor plans are sent via email and no hard copies are supplied.
16.6 Whilst we make every effort to meet the service turnaround periods we take no responsibility for any loss or damage or inconvenience caused by the above time frames not being met as we are reliant on Internet services and third party involvement.
16.7 All of our Clients need to take this into account when booking jobs with us.
17.) Archived floor plans
17.1 We archive past floor plans and they are available at a cost of $60.
17.2 This cost does not include any amendments to the plan. If any amendments are necessary to the plans further charges will apply.
18.) Redrawing of supplied floor plans
18.1 We offer a service to redraw existing plans into the Mark Boltman Photography format.
18.2 Plans must be emailed to us as JPEG or PDF files and must be clear and legible. This will be determined by Mark Boltman Photography after viewing the plans and at our discretion.
18.3 Any alterations to these plans as supplied to us will incur additional charges. Once redrawn, any amendments will incur additional charges.
18.4 We are not responsible for incorrect information supplied to us by Clients or other third parties or for errors or omissions to the final product. Refer to the Floor Plan section above for further details.
19.) Credit Terms
19.1 Our payment terms are 28 days from the date of invoice.
19.2 For overdue accounts we reserve the right to require payment in advance for any future work until outstanding payments are made at which point we will revert to invoicing 28 days.
19.3 Payments can be made by direct deposit or cash. Credit cards are not accepted. Upfront payments are required for private sellers or one-off jobs.
19.4 Any new Clients are required to pay the full amount of the invoice prior to final images and/or products being sent to the Client until which time they have been approved for credit.
20.) Other charges
20.1 Where our staff cannot find appropriate onsite parking and use a paid parking facility this cost will be passed onto our Client in full.
20.2 A Travel charge of $0.78/km applies to areas 15 kilometres and over, outside the Brisbane CBD.
