Term and Conditions

» Estate Tours Service Agreement, Terms & Conditions, Updated: 07/16/2011


PAYMENT

By ordering any product or service offered by Estate Tours, you agree to the following:

1. The prices quoted are for the following areas: Southern Ontario. Prices are based on standard size homes. Prices may increase due to larger homes, geographical areas and photographer availability. Please call or email us for pricing in other areas.

2. Prices are in Canadian Dollars. HST will be applied to all orders.

3. Payment must be received in full before any order or service is performed.

4. Estate Tours will bill your credit card or send PayPal invoice at the time of order for all charges and services provided, unless other payment arrangements are agreed to in writing.

5. Your credit card may be charged additional fees if necessary after you place an order. e.g. If you decide to later upgrade the tour, cancellation fee, no-show fee, rescheduling fee, etc.

6. If an order is not fulfilled by Estate Tours, the credit will stay on your account for future orders. You may also request a full refund within 90 days of the original charge.

7. If you accept an assignment of photographs from another listing agent and want us to transfer those images, a $35 assignment fee will apply.

8. Prices of all products and services offered by Estate Tours are subject to change without notice.

9. Credits posted to your account can be used to pay for future purchases and must be used within 12 months. The credits will expire after 12 months.

10. In the event legal action is necessary to collect on balances due, you agree to reimburse Estate Tours for all expenses incurred to recover sums due, including attorney's fees and other legal expenses.


PHOTOGRAPHY

1. Areas not available on our 'Areas Covered' property search function on our homepage are not serviced by Estate Tours at the present time. Please feel free to contact us for more information on our service areas.

2. Any order cancellation made less than 24 hours in advance of the scheduled photo shoot will incur a $25.00 cancellation fee. All order cancellations must be made by contacting Estate Tours at 519-635-4172 between 9:00 a.m. and 5:00 p.m., Monday through Friday, or by emailing info@estatetours.ca. Leaving voice mail or e-mail is preferred.

3. If the property has been sold and Estate Tours is provided with proof of such sale more than 24 hours before the scheduled shoot, the order will be cancelled and the cancellation fee will be waived.

4. Either the client, an authorized representative designated by the client, or the homeowner must attend the photo shoot. If the photographer arrives at the property and the designated person is not in attendance by the scheduled appointed time, a $35.00 no-show fee will apply. If the designated person is unable to attend the shoot, and the photographer is granted permission to enter the property, the decision to complete the photo shoot will be at the photographer's sole discretion. If the photographer elects not to shoot the property, this decision will be binding and has been made based on safety and liability concerns. The $35.00 no-show fee will apply in this case and the photo shoot may then be rescheduled for a later date at no additional charge.

5. Clients of Estate Tours are responsible for the following when the home is photographed: making sure the property is available; making sure the property is photo ready, clean, and safe. If the property is unsafe or not ready for photography, the photographer may, at his or her sole discretion, choose to cancel the photo shoot and issue a refund. A not-ready fee will apply if the photographer decides not to photograph the property. If the photographer decides to proceed with the photo shoot, and client is not pleased with the photos because of the unreadiness of the property and would like to have the property re-shot, then a $35.00 re-shoot fee will apply.

6. To reschedule a virtual tour, contact Estate Tours at 519-635-4172 between 9:00 a.m. and 5:00 p.m, Monday through Friday, or by email at: info@estatetours.ca (e-mail is prefered) at least 24 hours in advance of the original appointment. If you reschedule less than 24 hours of the original appointment, a $20.00 rescheduling fee will be charged. If the tour cannot be rescheduled for a later time, the order will be canceled and a $25.00 cancellation fee will apply.

7. If the appearance of any photograph is unsatisfactory, Estate Tours will review it to determine whether a retake is necessary and who will incur the expense of the retake. Estate Tours reserves the right to have the final decision on such retake requests. Retakes based on issues other than photo quality are subject to an additional $35.00 re-shoot fee if the client was not present at the original shoot. Retakes necessary due to quality issues clearly resulting from incorrect camera settings will be retaken at no additional cost. If the client does not personally attend the shoot, this will prevent client's ability to provide artistic input and will void the right to request retakes for reasons other than quality issues at no additional charge.

8. 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. If however, you request additional photographs or services for seasonal changes, or night shoots, or any other reason, then additional fees will apply.

9. Because of safety and liability issues, scheduled shoots may be delayed or rescheduled due to inclement weather at the photographer's sole discretion. If the shoot is unable to be rescheduled, there will be no charge for the cancellation.


TOUR HOSTING

1. As soon as a tour has been completed, the client will receive an email containing a URL link to the property page. Clients are advised to visit the webpage immediately to ensure the quality of the tour(s) and that all information displayed on the webpage is accurate.

2. All tours will be hosted for the life of the listing or 12 months, whichever comes first. Estate Tours will contact you by phone or email prior to the expiration date, at which time you may choose either to have the tour deleted from our servers or renew the virtual tour agreement for a $20 renewal fee.

3. We reserve the right to remove agents and properties from our website after 6 months of inactivity.


COPYRIGHT

1. Estate Tours is the sole owner of all tours created by Estate Tours including but not limited to video tours, virtual tours, and photo tours. Any link, use, reproduction, or distribution of any tour without the written consent from Estate Tours is strictly prohibited.

2. Estate Tours retains the right to all media captured, be it video, stills or other, and can use the media for marketing or other non-malicious purposes.

3. The client ordering the tour(s) is given unlimited rights by Estate Tours to use the tour(s) for the purposes of marketing their own property or listing online or in print.

4. Client may not modify, create derivative works from, reverse engineer, decompile or disassemble, whole or in part, any tours or photos created by Estate Tours.

5. Estate Tours reserves the right to re-sell any tour or photo for a fee should the original listing be transferred or picked up under contract by a new client with the permission of the original homeowner.

6. This website is owned and operated by Estate Tours and DesignSQ partners, all materials contained in these web pages are copyright protected.

7. Properties that are photographed will be uploaded to our websites and available for public viewing. Cleints name and contact information is attached to these listings and will be displayed online and can be found by search engines.

8. Clients are granted a limited, nonexclusive right to create a "hypertext" link to this site or any property on this Site as long it does not portray Estate Tours 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 this Site are provided solely as a convenience to you. If you use these links, you will leave this Site. Estate Tours does not continually review all of these third party sites and does not control and is not responsible for any of these sites or their content. Estate Tours 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 this Site, you do so entirely at your own risk.


FLOOR PLANS

1. Floor plans are for illustration purposes only and have been drawn to show an artistic representation to potential buyers to help them visualize what a property looks like. Floor plans are in no way being drawn to infringe upon the rights of the original architect. Since it is impossible to tell what copyrights might exist on a property, it is the responsibility of the agent to assure that the proper copyright credit is given to the architect if the agent deems that this is necessary. Clients hereby absolve Estate Tours and accept responsibility for any copyright infringement enforcement if such enforcement occurs.

2. As an illustration, all floor plans are not guaranteed to be accurate as to dimension or actual layouts. Digital Tours accepts no liability as to the accuracy of these floor plans. If for any reason litigation arises that causes purchaser of these floor plans or purchaser of the property to bring litigation against or on Digital Tours, it is hereby agreed that the maximum damages that could be awarded to those utilizing the floor plans in any way would be a total amount not greater than the amount paid to Digital Tours. Digital Tours does not verify the accuracy of these floor plans. Accuracy is to be verified by the individual requesting the service.



PRIVACY

1. This website uses high Internet standards of secure data encryption for all online transactions.

2. This website uses Internet 'cookies' and session variables to store your login information as you move throughout the website. It's strongly suggested that you logout of your account after each session.

3. Personally identifying information collected on this website is not disclosed to any third party without your consent.

4. The Estate Tours servers log your IP (Internet Protocol) address in standard session and server logs. We use your IP address to help diagnose problems with our servers and to better understand how visitors use our website.

5. When you place an order with Estate Tours, we require certain contact information to fulfill the order (eg. full name, company name, mailing address, and email). We use this information to keep track of our clients and prevent system abuse and spamming. This information will not be shared, sold, or rented to any third party without your consent.


GENERAL INFORMATION

1. Online maps (street, aerial, etc.) for each property are available to our visitors. We do not guarantee the accuracy of these maps, as they are provided by 3rd party companies.

2. In requesting Estate Tours to submit your property and all relevant information to 3rd party real estate portals and/or websites (i.e. Yahoo, Craigslist, Kijiji, etc.), you are also giving your consent to Estate Tours to send such information to the 3rd for this purpose. We do not guarantee the accuracy, availability, or content from other 3rd party websites.

3. Estate Tours is not responsible in the event 3rd party websites cannot provide the necessary data feeds, links or uploads. For example: missing MLS feeds or Realtor.com uploads.

4. In order to keep EstateTours.ca an industry-leading website, high levels of expectation exist for the quality of information posted on EstateTours.ca. We reserve the right to modify, edit or remove any property photographs or data should they not meet our standards of quality. We encourage you to update your listings with the current listing price and classify the tour as 'sold' once it has sold.


LIABILITY

1. Client's relationship to Estate Tours is one of an independent contractor and/or customer. No employer-employee, agency, joint venture, franchise, sales representative or partnership relationship is created by this Agreement.

2. Independently contracted representatives may provide all or some services. Estate Tours, nor it's independently contracted service distributors, is not liable for any negligence, damages, or any wrongdoing on the part of the independent service representative.

3. Estate Tours, nor its independently contracted distributors, is not responsible for damages, delays or failures in performance resulting from acts or occurrences beyond our reasonable control such as acts of God, weather, or other uncontrollable conditions that prohibit services from being rendered as promised. (Hurricanes, Tornadoes, Earthquakes, Acts of Terrorism, etc.)

4. The terms and conditions are the sole understanding between Estate Tours and the client.

5. No other terms or conditions apply unless specified by contract.

6. Estate Tours reserves the right, at its sole discretion, to change, modify, add or remove portions of this Agreement at any time. Notification of such changes will be posted on this website and sent to the Client's e-mail.

7. These terms and conditions may be revised from time to time. Please check this website frequently for changes.