Privacy

If you choose to use our services, then you agree to the collection and use of personal data in relation to this policy. The data that we collect is used for providing and improving the Service. We will not use or share your data with anyone except as described in this Privacy Policy.

Information Collection and Use

While using our Service, we may require you to provide us with certain personally identifiable data, including but not limited to name, email address, agent ID, brokerage information, phone number, payment information, and listing information. The data that we request will be retained by us and used as described in this privacy policy. 

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 data to any other clients or non-relevant parties. 

Our service does use third party services that may collect data used to identify you. 

Cookies

Cookies are files with small amounts of data that is commonly used as an anonymous unique identifier. These are sent to your browser from the websites that you visit and are stored on your device’s internal memory. 

This website does not use these “cookies” explicitly. However, the website may use third party code and libraries that use “cookies” to collect 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 website. 

Service Providers

We may employ third-party companies and individuals due to the following reasons:

• To facilitate our services;
• To provide the services on our behalf;
• To assist us in analyzing how our services are used.

We want to inform you that these third parties may have access to your relevant data. 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. 

Security

We value your trust and we use industry-standard means of protecting your personal information. 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

This Service may contain links to other sites. External sites are not operated by us. We have no control over and assume no responsibility for the content, privacy policies, or practices of any third-party sites. 

Children’s Privacy

These services do not address anyone under the age of 13. We do not knowingly collect personally identifiable data from children under 13. In the case we discover that a child under 13 has provided us with personal data, we will immediately delete this from our servers. If you become aware that your child has provided us with personal data, please contact us so that we may delete it.

Payment only by Auto-Payment or Brokerage Cheques

New users of our services may opt to pay either by brokerage cheque (if you are part of a brokerage that we have a prior arrangement with) or by Auto-payment via credit card, which will be charged at the time of invoicing. If you have a previous payment arrangement you may continue to pay according to that arrangement.

Payment Terms

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. 

Payment Methods

Accepted payment methods include:

• Credit card (Visa, Mastercard, American Express, Discover)
• EFT – please contact us for banking information.
• Interac e-transfer, please contact us for email information.
• By cheque, mailed to:
  Realfoto Media Inc
  2725 Rock Bay Avenue
  Victoria BC, V8T 4R8 

NSF Cheques

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. 

Authorization for Overdue Payments

Clients who maintain a credit card on file and who have an overdue balance authorize us to charge the provided credit card for the total amount of the overdue invoice(s) without notification. 

Updating Credit Card Information

To update credit card information, contact our office directly, preferably via phone. 

Security and Privacy

We are committed to the privacy and security of client information. All credit card information is encrypted, stored, and processed in compliance with industry-standard security protocols. Our staff does not have access to your full credit card information. 

Right to Refuse Service Due to Overdue Account

We reserve the right to refuse service if your account is overdue. The amount by which these arrears result in refusal of service is wholly at our discretion, as are any payment plans or arrangements for future service. 

Collections

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.

Damages and Refunds

Damages

Barring situations of gross negligence, damages are limited to the total value of the services provided.

Photography, Videography, and Aerial Services

Photographers shoot the property as-is. Any moving of decor or cleaning is 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 and typical workplace safety protocols. 

If you are unhappy with photographs or video due to the staging or readiness of the property, we will arrange a return shoot at a non-negotiable reduced rate. 

If you are unhappy with the quality of the photographs or video for a reason mutually agreed to be our fault, we may, at our sole discretion, offer a re-shoot, free of charge. 

In either of the above situations, you will be invoiced for the full price of the original photo shoot appointment, and will be expected to remit payment as per our payment policy. 

Floor Plans

If a floor plan error is made which is mutually agreed to be our fault, 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 do so both to provide prompt revisions and to reduce disruption to property owners and tenants. 

Matterport Virtual Open House Scans

Matterport scans are shot as-is. Shuffling of decor from room to room is impossible due to the nature of the technology. 

If you are unhappy with a Matterport scan due to staging or cleanliness, a return shoot will be scheduled for a non-negotiable fee, based on the work required. 

If operator or technological error results in an unusable 3D walkthrough, we may, at our sole discretion, arrange a re-shoot, free of charge. 

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.

Cancellations and Late Arrivals

24 Hour Cancellations

Cancellations up to 24 hours prior to a scheduled appointment will be accepted at no cost to you. For Monday appointments, notice must be received before 5pm on the Friday prior. We will reschedule at the earliest mutually agreeable time. 

Cancellations with less than 24 hours notice will incur a $100 charge per appointment type (including photo, video, aerial, floor plan, and Matterport) up to a maximum of $200. 

Weather Cancellations

If we are unable to perform our services safely due to weather, we will notify you as soon as possible and reschedule your appointment to the soonest availability at no cost.  

If weather conditions do not constitute a safety hazard but you are concerned about aesthetics (i.e. it is raining during your photoshoot), the usual 24 hour cancellation policy applies, and you must contact us.  

Late Arrival/No-Show of Client Provided Access

Technicians will wait at a scheduled worksite for 15 minutes should you or your designated access provider be late or unavailable. Our staff will make all reasonable attempts to contact you to gain access to the property within the given time limit. You are welcome to provide us with keys for access to the property on the business day prior to the appointment, to ensure access. 

Should we have to leave after the designated waiting period has elapsed without completing the requested services, it will be considered a Cancellation with less than 24 hours notice, and standard fees will apply. 

On-Site Cancellation

If we arrive and a property is not ready for the requested services (due to cleanliness, locked areas, safety concerns, etc), it will be considered a Cancellation with less than 24 hours notice, and standard fees will apply. We will make every effort to reschedule at a mutually agreeable time. 

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.

On-Site Damage

If Damage to Personal Property Occurs

Should one of our employees be partially or wholly at fault in the damage of an item or fixture at a job site, we will repair or replace the item or fixture. 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 you to arrange repair, remediation or replacement with minimal inconvenience to the homeowner. 

If Property Goes Missing

If an item is reported missing, we will first discuss the situation with the technicians who were on site. In most cases the item has been moved for a photo, and was not returned 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, we 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.

Twilight Photo & Video Shoots

Conditions Required for Twilight Media Capture

Twilight photography and videography must take place  in the approximately 30 minute window around sunset. While clear skies are not necessary, bad weather will ruin a twilight photoshoot and may necessitate rescheduling. If an appointment is confirmed, we will assume that the interior and exterior lights have been turned on to your satisfaction for the appointment time, photos will be taken, and you will be charged in full.

Scheduling Twilight Photography & Videography

Our photographers are not obligated to work evenings in addition to their regular full day shifts. Twilight photography is scheduled on an as-available basis. We make all reasonable efforts to incentivise our team to be available for these shoots..

 Cancellation at Photographer’s Discretion

All effort is made to schedule photo shoots when the weather is suitable. If, by 4:30 pm on the day of a scheduled shoot, the weather is poor and will result in a poor quality product, we will make all reasonable effort to contact you to re-schedule. If we can not reach you but any of the contact methods you have provided, cancellation at the time of the shoot will be left to the discretion of the individual photographer. In these situations, we stand by the decision of the photographer.  

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 estimated wall thickness is included in published square footage.

Methods

We record floor plans using laser measurers, accurate at least to the inch. Square footage is calculated through area plotting on CAD software. Ceiling heights and built-in features are included on standard drawings, furniture is not. Colour and texture are used for illustrative purposes only. 

Billable Square Footage

Charges are for all finished and unfinished indoor square footage as well as carports, pool decks, and enclosed outdoor spaces. Patios, decks, balconies, porches, and crawl-spaces under 4’6” in height are included free of charge whenever possible. 

Guarantees

We create floor plans to industry standards (accurate within 1-2% of actual dimensions). We make 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. We do not take lot size measurements. 

Strata Measurements

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.

Aerial Photography and Videography

Requirements for Safe, Legal, and Beautiful Aerial Photo/Videography

We employ licensed commercial UAV (“drone”) pilots, and comply with all standards and regulations set out by Transport Canada. Limits and restrictions are applied to where, when, and how drones are flown for commercial use. We will not accept aerial work that is counter to regulations. If your aerial requests are not approved, you will be informed in a timely fashion. A flight that is not approved is non-negotiable.

For safety reasons, we do not operate drones if there is any form of precipitation. In these cases, appointments will be rescheduled at the soonest possible opportunity with no penalty to you. 

Some flight locations, particularly those near airports, require us to file a flight plan. There will be a small mandatory fee for this service, to cover our time. 

Booking Requirements

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 aerial team. 

On Site

For safety, liability, and quality reasons, no individuals unconnected with direct piloting of the drone may be near the shoot area. In these situations our team will direct spectators to a safe location. In cases where spectators are noncompliant, we reserve the right to cancel the shoot and bill a cancellation fee.

Sign Post Rental Duration and Installation

Sign post rentals are for a duration of 90 days. After 90 days, you will be given the option to extend your rental at a reduced fee, or have the post removed. Sign post rental is for a single address. Signs will exclusively be installed and removed by our technicians.

We make every effort to install sign posts in visible, safe locations. We will not install posts in locations where bylaws, community agreements, ground surface, safe accessibility of sign location, or sidewalk access prevent sign installation. 

If you have a specific location in mind for the sign post, please communicate it at time of order. If no instructions are received about location we will choose a location for best visibility and stability. If you request the sign be moved for reasons other than safety, a reasonable fee will apply. 

Please notify us of any in-ground sprinkler systems, gas lines, or other installations that are not readily visible.

Client Sign Drop-off and Storage

Sign boards must be delivered either to our office or the subject property at least 24 hours prior to the installation date. We will store your signs at our office after removing them, unless you request otherwise.

We do not store or install sign toppers. When removing a post we will leave any sign toppers at the subject property. 

Sign Post Style and Availability

We can accommodate signs between 24” and 36” wide and tall. Our posts are either white vinyl or white aluminum installed via a metal ground stake. Sign posts are installed based on availability. We are unable to accommodate requests for specific post styles.

During periods of high listing volume we may contact clients whose listings have expired or sold to notify you that the post will be removed. If we do not have post inventory available at the time you request an installation, we are not responsible for any remedy beyond working with you to install a post at the earliest availability.

We reserve the right to refuse sign post rentals for any reason. We are not always able to install or remove sign posts on the requested date, and will make installation appointments based on our availability in the area.

Sign Post Maintenance

Pending technician availability, we will perform reasonable maintenance. We reserve the right to remove a post if it is repeatedly knocked over or vandalized. We are not liable or responsible for vandalism or damage of client owned sign boards.

We make every effort to install clean, undamaged posts with functioning topper clips. Sign posts are used outdoors and may become dirty after installation; we will not clean posts that have been soiled after installation.

Client Responsibility for Sign Post Condition and Return

When we install a sign post rental, we will send you an email with a picture of the post as-installed. You are responsible for any changes in condition to the post or sign board after that point. DO NOT put stickers on our posts, they damage the finish.

If a sign post is lost, stolen, confiscated, vandalized, destroyed, damaged (including by sticker application), or otherwise rendered inaccessible for retrieval, you will be charged a $200 Post Replacement Fee. This fee is charged at our discretion. If a sign is moved to another location by anyone other than our technicians it may be considered inaccessible and subject to the Post Replacement Fee.