Terms and Conditions for 360pdx.com
(operated by The Photo Treehouse)
Updated 03/16/2011
By ordering this service, you agree to the following:
PAYMENT
1. Payment must be received by credit card when you place your order, or by cash, check or money order at the time of photography session. Otherwise, our services will not be performed, unless terms have been extended by contract prior to the time of the order.
2. The Photo Treehouse will bill your credit card for all charges and services when you place your order, unless other arrangements are agreed to in writing.
3. You may be invoiced for additional fees after you place an order. Examples of additional fees include: tour upgrades (made after the initial order), travel fees, no-show fees, tour posting to Realtor.com and requests for extensive photograph retouching.
4. Payment includes one year of hosting the tour. After one year, you will have the option to renew each tour for an additional fee.
5. If The Photo Treehouse does not fulfill your tour order, the credit will stay on your account for future services. You may also request a full refund within 60 days of the original charge.
6. If you accept an assignment of photographs from another listing agent and want us to transfer those images, a fee will apply.
7. The Photo Treehouse will honor the tour and marketing material prices agreed to by contract; however, future prices are subject to change without notice.
8. If legal action becomes necessary to collect on balances due, you agree to reimburse The Photo Treehouse for all expenses incurred to recover payment, including attorney's and other legal fees.
PHOTOGRAPHY
9. An additional travel fee will apply for orders outside our regular marketing areas. Contact your local sales representative for areas that may be outside normal coverage.
10. In the event the photographs do not meet our standards of quality and professionalism, we will re-shoot the property at no charge to you. However, if you request additional services or photographs for seasonal changes, night shoots or otherwise, additional fees will apply.
11. You are responsible for ensuring the property is available, photo-ready and clean at the scheduled time of photography. If the property is not ready for photography, you may choose to cancel the session, but a re-shoot or "not-ready" fee may apply. If our photographer arrives at the property and it is untidy, the photographer will not declare the property "not photo-ready," but will shoot the property. If the client is not pleased with the photos because of the unreadiness of the property and would like to have the property photographed again, re-shoot and travel fees will apply.
INTERNET DISPLAY
12. All images displayed on the Internet are the property of The Photo Treehouse. However, our clients have the right to use these pictures as they see fit in the marketing of the property for sale and themselves as the sales agent for a period of one year from the date the tour is posted. Agents may not resell photographs or use them for any other purpose.
13. Properties that are photographed will be uploaded to our websites and available for public viewing.
14. Online maps (street, aerial, neighborhood, demographics, etc.) are available for each property to the general public. We do not guarantee the accuracy of these maps, as they are provided by third-party companies.
15. The Photo Treehouse may send your listing data to other real estate portals and websites (i.e. Realtor.com, Yahoo, HomeSeekers, etc.) for increased exposure to your listings. We do not guarantee the accuracy, availability or content from third-party websites.
16. The Photo Treehouse is not responsible in the event third-party websites cannot provide the necessary data feeds, links or uploads, such as missing MLS feeds for Realtor.com uploads.
17. In order to keep 360pdx.com in a reputable condition, we set high expectations for the quality of information posted. We reserve the right to modify, edit or decline to activate any photographs of the property should they not meet our standards of quality. We encourage you to update your listings with the correct listing price and mark tours as sold after closing.
18. You are granted a limited, nonexclusive right to create a hypertext link to 360pdx.com or any property on our site as long as it does not portray The Photo Treehouse, 360pdx.com or any of its other products or services in a false, misleading, derogatory or otherwise defamatory manner. This limited right may be revoked at any time for any reason whatsoever. Links to third-party sites on 360pdx.com are provided solely as a convenience to you. If you use these links, you will leave 360pdx.com. The Photo Treehouse has not reviewed all of these third-party sites, and we do not control nor are responsible for any of these sites or their content. The Photo Treehouse does not endorse or make any representations about third-party sites or any information, software or other products or materials found there, or any results that may be obtained from using them. If you decide to access any of the third-party sites linked to 360pdx.com, you do so entirely at your own risk.
PRIVACY/SECURITY
19. This website uses high Internet standards of secure data encryption for all online transactions.
20. This website uses Internet cookies and session variables to store your login information as you move throughout the website. We strongly suggest you log out of your account after each session if you are using a public computer.
GENERAL INFORMATION
21. All photography services are provided by The Photo Treehouse.
22. The Photo Treehouse and its employees are not responsible for damages, delays or failures in performance resulting from circumstances beyond our reasonable control, such as acts of God, weather or other uncontrollable conditions that prohibit services from being rendered as promised. (Other examples include hurricanes, tornadoes, earthquakes, acts of terrorism, etc.)
23. These terms and conditions are the sole understanding between The Photo Treehouse and you, our client.
24. No other terms or conditions apply unless specified by contract.
25. These terms and conditions may be revised. Please check this document frequently for changes.
Fees
26. Travel - 35 miles of round trip travel are included in the standard tour price. Each additional mile will be billed at the rate of $2 per mile. Mileage is calculated to and from 4911 SE Cora St. - Portland, OR or from the previous appointment & to the following appointment, whichever is less.
27. Bad Checks & Reversed Payments - A fee of $25 dollars will be imposed for all returned checks and PayPal reversals.
28. Cancellations - A fee of $50 will be imposed if an appointments is cancelled within 24 hours of the scheduled appointment time.
29. No-Show - A fee of $75 will be imposed if an appointment is cancelled within 1hr of the scheduled time or the property is not accessible.