TERMS & CONDITIONS

  1. Property Readiness:

The Client is expected to have the property “camera ready” prior to the beginning of the arrival window. This includes all cleaning and furniture staging.

We ask that you have your clients review our Getting Ready checklist.

If the Acu Smart VR Media Photographer arrives at the appointment and the home is not ready, the property will be shot “As Is”.

We value your feedback and input for choosing the best angles to photograph the property. If you would like to give input, please meet the Vidtographer at the beginning of the appointment or add notes in the “comments” section of the order.

Absent your input, the Acu Smart VR Media Vidtographer will use his/her best judgment and experience to decide which angles will best highlight the property.

  1. Order Details & Accuracy:

The Client is expected to have accurately entered or communicated all pertinent information when placing the order. We reserve the right to update incorrect information and adjust the order’s pricing to accurately reflect the order (ex. The client enters that the property is 111 square meters, but it is 223 square meters).

Our pricing reflects the cost of a single dwelling in a residential household. For commercial or multi-unit properties, please contact our office or your Business Development Specialist for a personalized quote.

  1. Reschedule/Cancellation Policy:

We allow clients to reschedule or cancel their real estate photoshoot as per our cancellation | reschedule policy if such a request is made 24 hours before the appointment start time.

Appointments that cannot be completed due to weather issues (ex. Our Vidtographer is unable to fly the drone due to rain/wind, or too heavy of rain to capture exteriors), will be rescheduled after contacting the Realtor.

Payment Terms:

You will be invoiced after all media has been delivered. Payment is due upon receipt of the invoice.

If there is a balance on your account that is over 45 days outstanding, Acu Smart VR Media will freeze all assets & pause the ordering process until the balance has been paid.

After 90 days of non-payment, we will send the account to collections.

  1. Service Area Coverage:

We service a 60-kilometer driving radius from the center of our primary service areas (Devon Park, Eerste River, Cape Town, Western Cape).

Properties outside the 60-kilometer driving radius are beyond the service area, however, we can review such requests on a case-by-case basis.

Hosting:

Acu Smart VR Media will guarantee media hosting for one year from the appointment date, except for Matterport 3D Tour & Floorplan. Matterport media will be stored until sold, with a maximum of three months. Once the hosting time expires, the user is responsible for permanent media storage, or we can host them for an additional fee of R91 per month.

  1. Delivery Times:

Next Business Day Following Appointment (Before 5 p.m.)

  • HDR Photography
  • Cinematic Walkthrough Video
  • Aerial/Drone Packages – Coming Soon
  • Matterport 3D Tour

Second Business Day Following Appointment (Before 5 p.m.)

  • Virtual Staging (If desired photos to be virtually staged are chosen the same day photos are delivered).

Up To 3 Business Days Following Appointment (Before 5 p.m.)

  • Floorplans
  1. Rights and Usage:

Grant of Rights.

You hereby grant to Acu Smart VR Media, and its affiliates, contractors, commercial partners, licensees, successors, and assigns a non-exclusive, perpetual, fully transferable, sublicensable worldwide right and license, to create, reproduce, display, transmit, and distribute the Work through any media now known or hereinafter developed. The “Work” is defined as photo(s), video(s), and/or 3D content, floor plans, graphics, audio, animation, constituent files, and other visual content of the property produced under these terms including any derivative works created therefrom. Any rights not expressly granted here are reserved to Acu Smart VR Media, including copyright and ownership rights in the Work. Acu Smart VR Media reserves the right to use the Work for the company’s portfolio, samples, self-promotions, entry in contests or exhibitions, editorial use, or for display within or on the outside of Acu Smart VR Media premises. Acu Smart VR Media further reserves the right to assign, transfer, license, distribute, or syndicate the Work and any rights in the Work to its commercial partners. You have no ownership rights in the work and no right to sell or license the Work to any third party or copy, modify, reproduce, or create derivatives of the Work without the prior written consent of Acu Smart VR Media.

Usage Rights.

In exchange for the Grant of Rights set forth herein, Acu Smart VR Media grants to You the right to use the images created from the Work and provided to you by Acu Smart VR Media for purposes of marketing and promoting the Property, promoting Your real estate business and/or the listing(s), Your brokerage(s), and/or Your business(es) (“Your License”). Your License is non-exclusive, non-transferable, covers all territories and media, and is for an unlimited time on websites owned by You. You may authorize third-party websites such as, but not limited to, Multiple Listing Services (MLS) or real estate listing portal websites to display said content solely to advertise the subject listing, for as long as said listing is actively listed for sale by that listing agent. Your authorization to third-party websites will automatically expire once said listing is no longer available for sale or any relevant listing agreement between the Property owner and the listing agent has ended, whichever comes first.

Releases, Licenses, and Authorizations.

By contracting with Acu Smart VR Media to produce the Work, You warrant and represent that You are authorized to enter into this Agreement about the Property and You certify that You have obtained all appropriate and necessary releases, permissions, waivers, licenses and/or authorizations (hereinafter “Clearances”) for the Grant of Rights and Usage Rights outlined in these Terms and Conditions, including but not limited Clearances from the owner of the Property and any other owners of intellectual property rights contained in, on, or around the Property and captured as part of the Work, including the underlying architectural work. You further warrant and represent that the Property owner and any occupants of the Property have waived any expectation of privacy rights about the images captured and distributed by the grant of rights hereunder. You agree to indemnify and hold harmless Acu Smart VR Media against any claims, costs, and expenses, including attorney’s fees, due to uses of the Work for which You did not obtain the appropriate Clearance including uses that exceeded the Clearances obtained by You.

Indemnification/Hold Harmless.

In addition to the terms and conditions, You shall also indemnify and hold Acu Smart VR Media (Coalition Trading 1103 CC t/a), its officers, members, employees, contractors, licensees, sublicensees, agents, successors, and assigns harmless from and against any liability, claims, injuries, damages, loss, expense, (including court costs and reasonable attorneys’ fees) resulting from the performance of this Agreement, or any distribution or use of the Work created hereunder resulting from Your breach of any warranties, representations or certifications hereunder, or resulting from Your negligent or intentional acts or omissions and/or those of Your officers, agents, independent contractors, employees, family members, invitees, licensors, the Property owner, and/or guests.