Terms of Service and Policy for Incustudio Real Estate Media Services.
1. Compensation: Clients will be billed for the real estate media services provided by Incustudio. The payment terms and methods will be outlined in the invoice sent to the client. Payment must be made in full within seven days of the invoice date unless otherwise agreed upon in writing.
2. Delivery: Upon completion of the real estate media services, the assets will be delivered to the client through a secure online platform or any other agreed-upon method. Before delivery, the client must clear any outstanding payments as per the Compensation section.
3. Turnaround Time: Incustudio strives to provide timely delivery of real estate media assets. The turnaround time for different services will vary:
Photos: Within 20-24 hours
Video: Within 1-3 days. These turnaround times are estimates and may be subject to change based on project complexity and workload. If any significant delays are anticipated, the client will be notified promptly.
4. Fees for Late Payment: If the invoice remains unpaid one week after the media delivery, Incustudio reserves the right to charge a late payment fee of 10% per week on the outstanding balance until the payment is made in full. Additionally, no further appointments will be scheduled until any outstanding payments are cleared. Should there be any pending appointments, these will be canceled and not rescheduled until the full payment of the previous order has been received. This policy ensures that all accounts are settled promptly to maintain a smooth and efficient service delivery.
5. Travel Fees: If real estate media services require travel outside a designated service area, Incustudio may charge travel fees to cover expenses such as transportation, accommodation, and meals. The specific travel fees and their calculation method will be communicated to the client before the commencement of services.
6. Cancellation and Rescheduling: Clients may request cancellations or rescheduling of real estate media services by providing written notice to Incustudio. The following policies apply:
At Incustudio, we understand that unforeseen circumstances may require rescheduling or canceling your appointment. Our policy is designed to address these situations while ensuring the smooth operation of our services. Please take note of the following policy:
Clients can cancel or reschedule an appointment without charge up to 25 hours before the appointment.
Cancellations or rescheduling made within 24 hours will be subject to a $100 cancellation fee. This policy is in place to maintain the availability of our services for you and others.
In the event of a true, unavoidable emergency or severe weather conditions, the cancellation or rescheduling fee may be waived at the discretion of Incustudio.
Incustudio reserves the right to reschedule or cancel services due to unforeseen circumstances, in which case a full refund or rescheduling without any additional fees will be offered.
7. Revisions: Clients may request revisions to the delivered real estate media assets within 7 days from the date of delivery. The following policies apply:
Incustudio will provide 3 (three) rounds of revisions free of charge. Additional revisions beyond this limit may be subject to an additional fee.
Revisions will be limited to minor adjustments, corrections, or modifications and should not entail a significant change in the original project scope.
Incustudio reserves the right to refuse any revision requests deemed unreasonable or outside the agreed-upon scope of the project.
8. Intellectual Property and Licensing:
Incustudio does not sell photographs or videos. Instead, we license their use for the sale and promotion of a real estate listing or commercial / event promotion. Photographs and videos are considered intellectual property– much like music or software you may purchase. You’re not ‘owning’ the photos/music/software, but instead using it for your specific need, which in most cases is the sell and promotion of a listing or event. In any case, the photographs and videos should only be used for what the client indicated during the initial agreement.
In the Licensing Release, only the client has permission to use the delivered photos and video on any electronic or printed forms of advertisement for the promotion of the listing. Clients may use these videos and photographs on their social media or MLS listing services by the purchasing client, solely for the promotion of the listing during the pendency of the agreement. This means that any builders, stagers, designers, or “third parties” who wish to use photographs or video owned by INCUSTUDIO must contact us directly for licensing and fees of their own.
However, regardless of any terms and conditions of the MLS, at no time does this agreement provide the right to transfer copyright or any other exclusive rights as provided by the Copyright Act 17 U.S.C § 106.
Since photography is a large part of what we do, we ask that our images keep their integrity and originality. Please avoid heavily altering (with exception of resizing) our photographs and video once delivered. This ensures that the product that we’ve created and put out accurately reflects our standards and quality assurance.
Photographs and video can be made available to another real estate agent or person who takes over an expired or withdrawn listing at a rebranding fee, at the consent of the former agent & person. Please contact us for any rebranding needs.
The key words are permission and license. Without it, you’re in violation of our terms of service, but more so, you’re discrediting our originality. If you’re unclear on the usages of your photos or videos, be sure to ask any and all questions. We're here to be a team and want nothing but transparency with our clients!
The Client may need to obtain a written signed approval from the property owner prior to filming or taking pictures. INCUSTUDIO can provide (at request) a written approval form.
INCUSTUDIO makes every effort to maintain the privacy of the property owner's neighbors. All footage is focused on the property being filmed and INCUSTUDIO will do best to respect the privacy of anyone not directly involved. If necessary, the client may be required to ask for permission from neighbors before INCUSTUDIO begins filming.
9. Authorization and Responsibility: The agent or party making the booking acknowledges that they have the authority to make this reservation on behalf of all parties involved. They are responsible for ensuring that all relevant individuals or entities are aware of the terms and conditions outlined in this policy.
Compensation: The agent or party making the booking will be responsible for ensuring timely payment for the real estate media services provided by Incustudio. Payment terms and methods will be communicated to the booking party, and they will be responsible for settling the invoice on behalf of all parties involved.
When a booking is made on behalf of an agent or any party, the same terms and conditions outlined in this policy will be applied to all parties involved in the real estate media services provided by Incustudio. By proceeding with the booking, the agent or party making the reservation agrees to these terms on behalf of themselves and all other parties participating in the service.
10. Damage and Loss:
By signing this agreement, the client accepts full responsibility for any damages, loss, or theft that occurs to the photographer's equipment while on their property due to their negligence or misuse. Incustudio cannot be held liable for any damages, loss, or theft caused by the client's negligence or misuse. If the damage, loss, or theft was not caused by an Incustudio photographer or team member, the client must report it immediately to Incustudio and will be responsible for any resulting expenses.
11. Non-Refundable Circumstances:
Refunds will NOT be provided in the following circumstances:
a) Property Not Sold or Withdrawn from Market:
Incustudio is not responsible for the property’s selling success; therefore, refunds will not be issued if a listing does not sell or if a client decides not to sell the property.
b) External Factors:
Incustudio will not issue refunds due to external factors beyond our control, such as market conditions, property location, pricing, or client-agent relationships.
c) Change of Mind:
If the client changes their mind about using the delivered media content, a refund will not be issued.
12. Refund Request Procedure:
To request a refund, the client must:
a) Submit a written request to edwing@incustudio.com within seven (7) days of receiving the final deliverables, clearly stating the reason for the refund.
b) Provide evidence to support the claim, such as images or documentation where necessary.
Review Process:
Upon receiving a refund request, Incustudio will:
a) Acknowledge receipt of the request within three (3) business days.
b) Conduct an internal review to determine the validity of the claim.
c) Communicate the decision to the client within 14 business days.
13. Amendments:
Incustudio reserves the right to modify this policy at any time, and it is the client's responsibility to regularly check for any amendments.
14. Consent to Receive Calls, Text Messages and Emails:
By providing your phone number or email and opting in, you agree to receive automated and non-automated text messages (SMS) and voice calls from Incustudio, which may include appointment reminders, updates on your media projects, customer support responses, and promotional information about our services.
How We Collect Your Consent: By submitting your phone number through our website, Google form, or our booking web app, you provide explicit consent to receive text messages and calls from us, including those that may be recorded for quality assurance and training purposes. A clear explanation of the types of messages you will receive and how often they will be sent is provided at the point of opt-in.
Inbound Text Message or Call Initiation: If you initiate a conversation by sending a text message or calling us, you consent to receive replies and subsequent messages or calls related to your inquiry or service request, including those that may be recorded for quality assurance and training purposes.
Recording of Communications: To enhance the quality of our service and ensure the accuracy of our communications, we may record and monitor calls and text message interactions. By accepting this policy, you acknowledge and consent to the recording of any communications sent to or from Incustudio without further notice.
Your Privacy: Your phone number and any other personal information you provide will be used solely for the purpose of communication regarding our services and will not be shared with third parties without your explicit consent. Recordings of calls and texts are handled with the utmost respect for your privacy. For more details on how we handle your personal information, please refer to our Privacy Policy.
Opting Out: You can opt-out of receiving text messages and voice calls at any time by replying "STOP" to any message you receive from us or by requesting to be placed on our do-not-call list during any voice communication. Upon receipt of your opt-out request, we will process it promptly, and you will no longer receive automated communications from us unless you opt-in again.
15. Severability:
If one or more of the provisions contained in the Agreement is found to be invalid, illegal or unenforceable in any respect, the validity, legality, and enforceability of the remaining provisions shall not be affected. Such provisions shall be revised only to the extent necessary to make them enforceable.
Contact Us
If you have any questions about this consent policy, our text messaging practices, or our call recording procedures, please contact us at admin@incustudio.com.