Last Modified: June 4th 2018
For the sake of these documents, "We" refers to Realfoto Media Inc. and "You" refers to our clients. Policies are subject to change without notice. Please make sure you are familiar with our current policies. We are happy to provide clarification as needed.
Information Collection and Use
We use your information to contact you, link your listings to the MLS service and other services you are subscribed to, deliver your content, take payment, and enable prospective buyers to contact you through Uplist.ca.
We do not disclose your personal or listing information to any other clients or non-relevant parties.
Our service does use third party services that may collect information used to identify you.
Cookies are files with small amount of data that is commonly used an anonymous unique identifier. These are sent to your browser from the website that you visit and are stored on your device internal memory.
This Service does not use these “cookies” explicitly. However, the app may use third party code and libraries that use “cookies” to collection information and to improve their services. You have the option to either accept or refuse these cookies and know when a cookie is being sent to your device. If you choose to refuse our cookies, you may not be able to use some portions of this Service.
We may employ third-party companies and individuals due to the following reasons:
We want to inform users of this Service that these third parties have access to your Personal Information. The reason is to perform the tasks assigned to them on our behalf. However, they are obligated not to disclose or use the information for any other purpose.
We value your trust in providing us your Personal Information, thus we are striving to use commercially acceptable means of protecting it. But remember that no method of transmission over the internet, or method of electronic storage is 100% secure and reliable, and we cannot guarantee its absolute security.
Links to Other Sites
These Services do not address anyone under the age of 13. We do not knowingly collect personally identifiable information from children under 13. In the case we discover that a child under 13 has provided us with personal information, we immediately delete this from our servers. If you are a parent or guardian and you are aware that your child has provided us with personal information, please contact us so that we will be able to do necessary actions.
Clarifies the expectations we have of you regarding prompt payment and acceptable methods of payment.
Invoices are issued by email upon completion of work. All invoices will be considered overdue 30 days after issue. At that time they will be subject to collections.
Acceptable payment methods include:
Should a cheque be returned for insufficient funds, a fee of $45 will be charged and payment in full of both the original amount and the NSF fee will be due immediately and may be subject to collections.
Right to Refuse Service Due to Overdue Account
We reserve the right to refuse service to any client whose account is overdue. The amount by which these arrears result in refusal of service is wholly our discretion, as are any payment plans or arrangements for future service.
Should your account become significantly overdue either in amount or lateness of payment, it may be referred to a third party collections agency or taken to Small Claims court. In this case you will be notified and given 20 days to pay your account in full before action is taken.
Explains the limits to which we assume responsibility for damages, and clarifies the situations under which moneys paid may be refunded or services discounted to support our goal of positive long-term client relationships.
Barring situations of gross negligence, damages are limited to the total value of the services provided.
Photography and Videography
Photographers are contracted to shoot the property as-is. Any moving of decor or waiting for on-the-spot cleaning is above and beyond the scope of our services. Photographers will be as helpful as they deem possible, within the time constraints of a standard 30 minute appointment.
In either of the above situations, you will be invoiced for the full rate for the original photo shoot appointment, and will be expected to remit payment as per our payment policy.
If a floor plan error is made at the fault of the measuring technician, we will amend the error, free of any additional charge. Most errors can be fixed without a return visit, and we will make every attempt to amend errors in this fashion both to provide prompt revisions and to reduce disruption to property owners and tenants.
Virtual Open House
Virtual Open Houses are shot as-is. Shuffling of excess decor from room to room is impossible due to the nature of the technology.
In either of the above situations, you will be charged the full rate for the original 3D scan appointment, and will be expected to remit payment as per our payment policy.
Clarifies the expectations we have of you regarding client-provided access to worksites, and to describe the fees associated with untimely cancellations and no-show appointments.
We value your business and understand that the reasons for cancellation are often complex and/or out of your control. We will accept cancellations at no cost, only to a minimum of three hours prior to the scheduled appointment(s), and all effort will be made to reschedule the appointment(s) according to your needs, no questions asked.
Late Arrival/No-Show of Client Provided Access
Technicians will wait at a scheduled worksite for 15 minutes, or a longer time determined solely at our discretion, should the you, or your designated individual providing access, be unavailable. In these situations our technicians and/or office staff will make all reasonable attempts to contact you by phone and page to find an acceptable solution within the given time limit.
Should you be concerned you will be unable to provide timely access within these parameters, you are welcome to provide us with keys for access to the property on the business day prior to the appointment.
Should the scheduled technician(s) have to leave the work site after the designated waiting period has elapsed without completing the requested services, you will be charged a $45 cancellation fee per technician (to a maximum of $90) and all efforts will be made to reschedule the appointment(s), at full price, according to your needs.
If a property is not ready for the requested services (for example, is not clean enough for photos, or is inaccessible for measurement due to locked areas), an on-site cancellation fee of $45 per technician (to a maximum of $90) will be charged, and all efforts will be made to reschedule the appointment(s) according to your needs.
If requested services can be only partially completed, the appointment(s) will be invoiced at full price, and applicable re-visit fees will be charged to return to the work site to complete the services.
Establishes a consistent procedure for finding a resolution when damages occur at the fault of a Realfoto employee while working on-site at a private property or business.
When Damage to Personal Property Occurs
Should one of our employees be partially or wholly at fault in the damage of an item or building component at a job site, we will repair or replace the item or component. Whether an initial attempt to clean or repair the item is made before direct replacement is arranged is at our sole discretion.
In these situations, our management team will work with the client who placed the order to arrange repair/remediation/replacement with minimal inconvenience to the homeowner.
When Property Goes Missing
If an item is reported missing, we will first discuss the situation with the technicians who were on site. It is almost certain that the item has been moved out of sight for a photo, and the technician forgot to return it to its original location.
Should the missing item not be found, we request that the homeowner file a police report. We will co-operate completely in any investigation and take any necessary steps to mitigate any future situations of this nature.
Limitation of Liability
Should an item over $1000 in value be damaged or stolen, at the fault of our employee, with reasonable proof, the company will pay the deductible for the property owner’s insurance on said item, and assist in remediation of the situation as much as is reasonable.
Clarifies our right to media created within the scope of services provided, and explains the procedures in place for content resale. Further, explains of our content retention practices.
Ownership and Moral Right to Content
We retain ownership of all content created, collected, assembled, or otherwise gathered in the course of our standard services. You purchase the right to use the content within a given context, and do not gain ownership of any content created or gathered by us.
By purchasing services from us, you agree not to sell or distribute content created or gathered by us for commercial use, beyond the one-time context under which the content was originally purchased. For example, you purchase photos from us for the purpose of marketing a house for sale. You may distribute those photos as part of the marketing of that house. You may not sell those photos to another realtor who takes over the listing.
We reserve the right to resell any and all content created or gathered in the context of normal contracted services.
We reserve the right to seek remedies and recover damages should content created under our copyright be used, outside of its original single-use purchase, for commercial purposes.
We do not guarantee that any content created or gathered in the normal course of our services will be retained. It is our procedure, however, barring digital content loss out of our control, to keep all content for a minimum of 1 year. We welcome you to contact us looking for content you have purchased in the past to be re-sent, but we recommend you keep a backup of your purchases after the initial download email is sent.
Clarifies the availability of our twilight photoshoot service and the circumstances in which our photographers may be obligated to cancel a photoshoot, in order to consistently provide quality products to our clients.
Conditions Required for Twilight Photography
Twilight photographs must be taken in the approximately 30 minute window around sunset. While clear skies are not necessary, precipitation or excessive wind will ruin a twilight photoshoot.
Scheduling Twilight Photography
Our photographers are not obligated to work evenings in addition to their 9-5 weekday shifts. They are given the opportunity to volunteer, and thus twilight photography is scheduled on an as-available basis. We make all reasonable effort to incentivise these shoots to provide for your requests.
Cancellation at Photographer’s Discretion
All effort is made to schedule photo shoots when weather is fair. If, by 4:30 pm on the day of a scheduled shoot, poor weather precludes acceptable quality, and if you are unavailable by phone, email or page, cancellation will be left to the discretion of the individual photographer. In these situations, we stand by the decision of the photographer. If the photographer arrives for a confirmed appointment during the scheduled time window to find that interior and exterior lights have not been turned on, photos will be taken and you will be charged in full.
Explains the standard of floor plan accuracy, and your role in proofing delivered plans.
Measurements Within Industry Standard
Industry standard floor plan accuracy is within 2% of as-built dimensions. Square footage includes the thickness of walls. In the case of walls shared between strata properties, the thickness is estimated, and half the wall thickness is included in published square footage.
We measure floor plans using laser measuring technology, accurate at least to the inch. Square footages are calculated through area plotting on CAD software. Ceiling heights and built-in features are included on plans, furniture is not.
Billable Square Footage
Charges are for all finished and unfinished square footage including but not limited to garages, carports, pool decks, and outbuildings. Patios, decks, balconies, porches, and crawl-spaces under 4’6” in height are included free of charge whenever possible.
We consistently provide floor plans to industry standard (accurate within 1-2% of actual dimensions). We makes no absolute guarantees as to accuracy, and each floor plan includes a disclaimer to protect our clients in the rare case that an error is made. It is our practice not to make lot size measurements as we are not certified surveyors.
It is not uncommon for Strata measurements to differ from as-built dimensions due to changes during construction or differences in area calculation standards. We will publish strata measurements in place of as-measured square footage upon request. We will not arbitrarily change published square footage without objective, measurable cause.
Floor Plan Proofing
We expect clients to examine floor plans for errors including, but not limited to, typographical, labelling, and interpretation of space type (finished vs unfinished) errors. We use our discretion to apply the standards of the local market to allocate areas appropriately as "Finished" and "Unfinished" as part of a "Total" floor area. Ultimately, it is the client’s responsibility to ensure that the advertisement of "Finished", "Unfinished" and "Total" square footage accurately reflects the requirements of any applicable legislation. We will promptly amend any errors or omissions that are brought to our attention.
Clarifies the availability of aerial drone photo shoot and videography services and the circumstances under which we may be obligated to cancel a shoot.
Requirements for Safe, Legal, and Beautiful Aerial Photo/Videography
We employ a licensed commercial UAV pilot, who complies with all standards and regulations set out by Transport Canada. Limits and restrictions are applied to where, when, and how UAV’s are flown for commercial use. We will not accept aerial work that our licensed pilot and spotter, or the governing authorities, do not approve. Clients whose flight requests are not approved will be informed in a timely fashion. A flight that is not approved is non-negotiable. We stand behind the rulings of our pilot, spotter, and the appropriate governing authorities.
The UAV can not be flown within 30 horizontal metres of public roads, passers-by, or neighbouring property. In cases where neighbouring property is the only barrier to acceptable flight, We will provide a waiver to clients, who must deliver signed, dated copies of the waiver (for all applicable properties) to us no later than 12:00pm of the business day prior to the scheduled flight. In these cases, use of the waiver is non-negotiable and must be the responsibility of the client.
For safety reasons, the UAV is not flown if there is any form of precipitation. Should this cause a shoot cancellation, a new flight plan will be filed and the shoot will be rescheduled at the soonest possible opportunity.
Should the Environment Canada weather forecast show a likely chance of precipitation over 8 of the next 10 business days, we reserve the right to refuse to schedule a shoot. In these cases, we will wait for an acceptable weather forecast before making a booking. These conditions are wholly at the discretion of our booking agents and UAV team.
We understand that a flying drone is exciting! However, for safety, liability, and quality reasons, no individuals unconnected with direct piloting of the UAV may be near the shoot area. In these situations our team will direct any nearby spectators to a safe location. In cases where spectators are noncompliant, we reserve the right to cancel the shoot and bill a cancellation fee. There are to be no minors in the flight area.
Establishes a consistent and reasonable turnaround time for print products that works with your schedule while also maintaining realistic delivery goals, and explains the proofing process.
While we are often able to deliver same-day, items are guaranteed to be delivered to brokerage offices in the Victoria area by the end of the next business day from final approval to print.
Items are guaranteed to be ready and available for same-day weekday pick-up at our office at 2725 Rock Bay Avenue, at 4:30 pm, if final approval to print is given by 2:30 pm.
Digital items are guaranteed to be emailed on the same business day as final approval is given.
Proof and Revision Turnaround Time:
It is our best intention and common practice to send proofs and return revisions within 5 business hours. Our business hours are 8-5, Monday to Friday. Our intention and goal is to always give the fastest reasonable turnaround time.
This policy establishes our guarantees and minimum commitments. To thrive in a time-sensitive real estate market, we strive to provide the quickest turnaround possible while providing a quality product.
Proofing is a balance of requiring your responsibility and care in approving digital proofs, as well as our accuracy in creating them. This is a human process and recognizing that mistakes and oversights do happen. You are expected to thoroughly look over your digital proofs before approving them for print. It is recommended that you view proofs on a full size tablet or monitor.
Cost of Misprinted Materials:
When an error is discovered in an order that you have approved for print and has been printed, you will only be charged for those prints at cost. Cost will be determined by the Print Department Head and shall include all supplies, toner, employee time, and delivery costs used for the order.
Cost of Revised Re-Prints:
You will be charged at full price for the corrected re-prints.
Revised Re-Print Turnaround Time:
Approved proof misprint job reprints will be prioritized as much as is reasonably possible, in effort to get you your products as quickly as possible.
We take full responsibility for errors in your name and brokerage, and listing address and region, as it applies. Should one of these errors be the cause of a re-print, the at-cost fee for the original prints will be waived. You will be charged full price for the re-print.
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Users may not, without the expressed, written consent of Realfoto Media Inc., distribute or commercially exploit any content found on this website; nor may it be transmitted or stored in any other website or other form of electronic retrieval system.