TERMS OF SERVICE AGREEMENT
This Terms of Service Agreement (the “Agreement”) is entered into by and between Property Pandas Inc. (“PP”), a company duly incorporated under the laws of Ontario, Canada, and the undersigned Customer (“Client”). By placing an order for photography services through PP’s website, the Client agrees to the terms and conditions set forth in this Agreement.
1. SCHEDULING, RESCHEDULING, AND CANCELLATION
1.1 Confirmation of Order: PP will contact the Client via phone or email to confirm the order within twenty-four (24) hours of the order being placed online. Upon the Client selecting a window time slot (e.g., 12:00 PM - 3:00 PM), PP will follow up to confirm the availability of the selected window and provide a specific arrival time for the PP contractor.
1.2 Service Window Commitment: If PP is unable to provide the service within the confirmed time window due to delays on the Client’s part, the Client may be liable for additional costs or rescheduling fees.
1.3 No-Show Policy: If the PP contractor arrives at the property and the property is inaccessible or the Client is a no-show, the full service fee shall still apply, and the appointment may need to be rescheduled at the Client’s expense.
1.4 House Readiness: If the PP contractor arrives at the property and the house is not ready for photography within fifteen (15) minutes due to issues such as access problems or ongoing cleaning or staging, the PP contractor reserves the right to refuse to provide the service.
1.5 Cancellation and Rescheduling Fees:
• A fifty-dollar ($49) fee (plus travel) will apply if the Client requests to reschedule or cancel an appointment within twenty-four (24) hours or less of the scheduled appointment time. This fee is non-negotiable.
• A one-hundred-dollar ($99) “late cancellation” fee (plus travel) will apply if the property is not ready for photography within fifteen (15) minutes of the photographer’s arrival, or if the Client requests to reschedule or cancel an appointment within three (3) hours or less of the scheduled appointment time.
2. TURNAROUND TIME AND PREPARATION BEFORE APPOINTMENT
2.1 Turnaround Time: PP guarantees a turnaround time of forty-eight (48) hours or less, with some exceptions. If the turnaround time will exceed forty-eight (48) hours, PP will notify the Client accordingly. Turnaround time may vary depending on factors such as the size of the property, the services ordered, the complexity of the job, and PP’s workload.
2.2 Rush/Priority Jobs: Rush or priority jobs reduce the guaranteed turnaround time to twenty-four (24) hours or less.
2.3 Punctuality: The Client agrees to provide reasonable time flexibility by allowing a time buffer of fifteen (15) to twenty (20) minutes before or after the agreed-upon start time. PP does not guarantee exact start times due to potential unforeseen circumstances, including but not limited to traffic delays, inclement weather, delays at previous appointments, difficulties in finding parking in high-density areas, or vehicle issues. In the case of a lockbox unit, PP will endeavor to perform the service within the hours specified by the Client. The time provided is to be understood as a “time range,” and the Client acknowledges that precise timing cannot be assured under these conditions.
2.4 Client Preparation Responsibility: The Client is responsible for ensuring the property is fully prepared for photography, including access to all areas to be photographed. PP contractors will not clean, organize, or stage the property. If the property is not ready, additional fees may apply for rescheduling or delays.
2.5 Property Condition: PP is not responsible for any issues related to landscaping, cleaning, organizing, or staging of the property. The PP contractor will leave the property as is and will not touch or move any items.
3. PHOTOGRAPHY SCOPE AND EXCLUSIONS
3.1 Rooms Excluded from Photography: The following rooms or areas will not be photographed unless specifically requested by the Client:
• Laundry room
• Mudroom
• Standard closets (i.e., closets that are not walk-ins)
• Inside of garage
• Shed
• Additional buildings (e.g., small pool equipment rooms or outdoor bathrooms, nothing beyond the main building)
• Furnace
• Cold cellar
3.2 Custom Requests: Clients may request photography of specific rooms or areas not listed above, but these requests must be agreed upon prior to the appointment and may incur additional charges.
4. LIABILITY
4.1 General Limitation of Liability: PP shall not be liable for any indirect, incidental, consequential, special, exemplary, or punitive damages, including but not limited to loss of profits, loss of revenue, loss of business opportunities, or other economic losses, arising out of or related to the services provided, even if PP has been advised of the possibility of such damages.
4.2 Maximum Liability: Notwithstanding anything to the contrary in this Agreement, the total liability of PP, whether in contract, tort (including negligence), or under any other theory of liability, shall not exceed the total amount paid by the Client for the specific service that gives rise to the claim.
4.3 Exclusions: The limitations and exclusions of liability in this Agreement shall apply to the fullest extent permitted by law in the Province of Ontario and do not affect the Client’s statutory rights.
4.4 No Liability for Third-Party Actions: PP shall not be liable for any damages or losses resulting from the actions, omissions, or negligence of third parties engaged by the Client in connection with the services provided by PP.
4.5 Client’s Responsibility: The Client agrees that PP is not responsible for any damages or losses caused by the Client’s failure to comply with these terms of service, including but not limited to the Client’s failure to prepare the property as required for the services.
4.6 Assumption of Risk: The Client assumes all risk for damage and loss resulting from the preparation, assembly, use, and operation of PP services.
4.7 Release and Indemnity: The Client agrees to release PP from all liability for any damage or loss resulting from the use of the service. The Client shall indemnify PP against all claims and expenses, including legal fees on a full indemnity basis, arising from injury to person or property resulting from the preparation, assembly, use, and operation of PP services.
5. FORCE MAJEURE
5.1 Definition: For the purposes of this Agreement, “Force Majeure” shall mean any event beyond the reasonable control of PP, including but not limited to acts of God, natural disasters, war, terrorism, civil unrest, strikes, labour disputes, pandemics, government actions or regulations, power failures, or any other event that renders the performance of PP’s obligations impracticable or impossible.
5.2 Consequences of Force Majeure: In the event of a Force Majeure, PP’s obligations under this Agreement shall be suspended for the duration of the Force Majeure event. PP shall not be liable for any delay or failure to perform its obligations under this Agreement during the occurrence of a Force Majeure event.
5.3 Notice: PP shall promptly notify the Client of the occurrence of a Force Majeure event, specifying the nature and expected duration of the Force Majeure event and the impact on PP’s ability to perform its obligations.
5.4 Termination: If the Force Majeure event continues for a period of more than thirty (30) days, either party may terminate this Agreement upon written notice to the other party. In the event of such termination, the Client shall be entitled to a refund of any fees paid for services not rendered, less any expenses already incurred by PP.
5.5 Mitigation: PP agrees to use reasonable efforts to mitigate the effects of the Force Majeure event and to resume performance of its obligations as soon as reasonably practicable following the cessation of the Force Majeure event.
6. PHOTO COPYRIGHTS AND USAGE
6.1 Copyright Ownership: Copyright in all works (including but not limited to photos, videos, and other artistic and intellectual property) produced by PP for the Client shall be owned entirely by PP.
6.2 Client Usage: The Client is granted a license to use the works produced for general marketing associated with the current sale of the photographed property in accordance with local MLS rules. Marketing in larger publications or as a special feature in print requires that photos be marked with the following copyright notice near the photos: “Copyright © Property Pandas.”
6.3 Third-Party Licensing: The license granted to the Client is for the Client’s use only and does not extend to any third party. The Client agrees that any usage of the photos by a third party, including but not limited to architects, builders, stagers, designers, sellers, or buyers, is prohibited unless approved in writing by PP. Additional licensing fees may apply for third-party usage.
6.4 License Validity: The license granted under this Agreement is only valid from the time full payment for services has been made.
7. REFUND POLICY
7.1 Quality Assurance Refunds: If the deliverables (including but not limited to photos, brochures, virtual tours, websites, etc.) do not pass PP’s proprietary Quality Assurance checks, PP reserves the right to refund the Client’s money in partial or in full within sixty (60) days.
7.2 Material Issues Refunds: If the Client is not satisfied with the deliverables due to material issues, or if PP does not deliver what was promised as per the original order form, the Client is entitled to a full refund within sixty (60) days.
7.3 Payments: A non-negotiable fee of fifty dollars ($50) plus applicable travel expenses will be charged if a request to reschedule or cancel an appointment is made within twenty-four (24) hours or less of the scheduled appointment date and time. If the property is not ready for photography within fifteen (15) minutes of the photographer’s arrival, or if a request to reschedule or cancel is made within three (3) hours or less of the scheduled appointment, a “late cancellation” fee of one hundred dollars ($100) plus applicable travel expenses will apply.
In the event the Client chooses to cancel the order and requests a refund, the Client acknowledges that the refund may take up to ten (10) business days to be reflected on the payment card used for the transaction. A non-refundable payment service fee of two percent (2%) will be applied to the refund amount to cover unrecoverable fees charged by the credit card service provider.
If the Client cancels or reschedules an appointment less than twenty-four (24) hours in advance, the standard fifty-dollar ($50) rescheduling fee will apply. In cases where a cancellation or rescheduling request is made within three (3) hours of the scheduled appointment time, the one hundred-dollar ($100) late cancellation fee will be charged.
7.4 Additional Costs and Service Fees: The Client acknowledges that additional service surcharges may apply based on the property’s specifications. For properties exceeding two thousand (2,000) square feet, an additional service fee will apply. The specific fees are published on the order form and incorporated by reference into this Agreement.
PP also applies additional service surcharges based on the type of property as follows:
• Detached houses: an additional surcharge of nine dollars (+$9);
• Townhouses or semi-detached houses: an additional surcharge of five dollars (+$5);
• Condominiums: no additional surcharge (+$0).
For commercial properties, rental properties, and multi-unit properties, an additional surcharge of nineteen dollars (+$19) will apply.
These additional costs will be reflected in the Client’s final invoice and are due upon completion of services.
8. SERVICES RENDERED PER UNIT OR HOUSE
8.1 Clarity on Multiple Units: Services rendered under this Agreement apply to only one unit or house. If multiple units or houses require photography, the Client must place separate orders for each. Services for additional units or houses will be billed separately, even if they are located on the same property.