Terms of Service for Real Estate Marketing Services
These Terms of Service ("Agreement") are entered into between Kingsmen Media, a LLC registered in NEW MEXICO, hereinafter referred to as "Company," and the individual or entity requesting real estate marketing services, hereinafter referred to as "Client."
1. Ownership of Deliverables:
All materials, including but not limited to photographs, videos, floorplans, virtual tours, and any other deliverables produced by the Company as part of the services rendered, are the exclusive property of the Company. The Client is granted a limited, non-exclusive, non-transferable license to use these materials solely for marketing and promotional purposes related to the specific property specified in the order. This license permits a single use of the materials for the designated property. For continuous, multi-use purposes, a separate commercial license is required, which allows ongoing marketing and promotional activities for a specific property or deliverable outside of normal usage rights. This does not entail any copyright transfer unless explicitly stated in writing, contact us with any questions.
2. Service Description:
The Client engages the Company for real estate marketing services as described in the agreed-upon service package. The Client acknowledges that the Company is providing a service and is not responsible for the actual state or condition of the property being marketed.
3. Accuracy of Property Floor Plans & Property Renderings:
All property floor plans provided by the Company are estimates and are as accurate as the technology allows. The Matterport system is responsible for any and all calculations, and we have zero discretion regarding their methods or measurement accuracy. The Company is not liable for any discrepancies or inaccuracies in the floorplans, and we will not modify or add to our floor plans unless there is significant inaccuracies or discrepancies present. Again, actual measurements may vary. Any plot lines, boundaries, or property outlines rendered in our materials are for illustrative and marketing purposes only and should not be relied upon for legal, financial, or surveying purposes. These renderings are based on available property data, aerial imagery, and approximate measurements but are not a substitute for a professional land survey. The Client acknowledges that the only authoritative method for determining a property's true boundaries is a certified land survey conducted by a licensed professional. Kingsmen Media LLC assumes no liability for discrepancies, inaccuracies, or misinterpretations arising from the use of these renderings, and the Client agrees to hold Kingsmen Media LLC harmless from any claims or disputes related to property boundaries or dimensions.
4. Cancellation Policy:
Cancellations must be made at least 24 hours in advance of the scheduled appointment. Failure to provide timely notice may result in a cancellation fee. The cancellation fee is 50% of the current invoice that you received within your order confirmation or a $50 flat fee if cancelled prior to the appointment time & $100 if cancelled once arrived, whichever is higher. This charge is automatically added when an appointment is postponed. Company reserves the right to remove this charge on a case by case basis
5. Payment Terms:
Payment is required in full before the Client can download the deliverables. The Company reserves the right to withhold the deliverables until payment is received.
6. Turnaround Time:
The Company commits to a next-day (24 actual hours from appointment) turnaround time for the delivery of the deliverables. However, due to high volume, this timeframe may not always be achievable. The Client acknowledges and accepts this possibility.
7. Property Readiness and Preferences:
The Client and the homeowner are responsible for ensuring that the property is in a suitable and safe condition for photography and videography. This includes non-workable conditions, the absence of significant risk of injury, and adherence to any preferences or changes communicated prior to the appointment. Animals on the property should be properly caged in a specific area or dedicated cage, and we are not liable for any animals while our team attempts to complete services as needed.
8. Right to Refusal:
The Company reserves the right to refuse service if, upon arrival, the property is not in a condition deemed suitable for photography or if there are significant safety concerns.
9. Copyright and Ethical Use:
The Company retains all copyright and intellectual property rights to the deliverables. The Client agrees to use the deliverables ethically and in compliance with all applicable local laws, governing associations, and MLS standards.
10. Non-Refundable Services:
All services rendered by the Company are non-refundable due to their single-use nature. Once the deliverables have been downloaded, no refunds will be granted unless explicitly authorized by the Company.
11. Aerial Work Disclaimer:
The Client and the homeowner acknowledge the potential dangers of aerial work and agree that the Company is not liable for any injuries, damages, or property issues arising from gross negligence, inadequate airspace, or other factors related to aerial photography and videography. During aerial flights, pilots and spotters are not to be disturbed to ensure safety.
12. Revisions and Discretion:
The Client is entitled to a reasonable number of revisions based on the agreed-upon package. The Company reserves the right to refuse or limit revisions at its discretion.
13. Virtual Space Hosting Costs:
The Client acknowledges that virtual space hosting costs associated with the Matterport System are an unavoidable expense. The Company will prorate these costs throughout the year and include them in the Client's billing. This includes 6 months of hosting, or if the listing sells or goes off market whichever comes first.
14. Governing Law, Dispute Resolution, and Waiver of Litigation:
This Agreement shall be governed by and construed in accordance with the laws of New Mexico, without regard to its conflict of law principles. Any disputes arising under this Agreement shall be subject to the exclusive jurisdiction of the courts located in New Mexico. The Client agrees to waive their right to litigation and consents to dispute resolution handled exclusively by the Company's designated resolution process.
15. Acceptance of Terms:
By placing an order for services through any means, including but not limited to online ordering systems or written agreements, the Client acknowledges having read, understood, and agreed to these Terms of Service. By utilizing our services and completing any transactions, you acknowledge and agree that all payments made to Kingsmen Media LLC, located at 6703 Academy Road, Albuquerque, NM 87109, for goods and/or services are final and non-refundable. As a pay-on-delivery company, the payment is due upon delivery, and by completing the transaction, you confirm satisfaction with the goods and/or services and waive any right to dispute the charge with your card issuer or financial institution. In the event of a chargeback, Kingsmen Media LLC reserves the right to pursue all available remedies, including legal action to recover the amount of the chargeback, plus any associated fees, costs, and damages incurred. You agree to indemnify and hold Kingsmen Media LLC harmless against any and all claims, losses, or damages arising from a chargeback or dispute of payment. You further authorize Kingsmen Media LLC to charge your credit card, debit card, or other payment method for the transaction amount, including any applicable taxes, fees, and charges, and acknowledge that it is your responsibility to ensure sufficient funds or credit are available in your account. By completing the transaction, you affirm that you are the authorized user of the card and agree to abide by the terms and conditions set forth in this agreement, as well as the terms and conditions of your cardholder agreement with your issuing bank or financial institution. Continued use of Kingsmen Media LLC's services constitutes acceptance of these terms.
16. Non-Disclosure of Processes, Equipment, and Proprietary Knowledge:
The Client agrees to treat as strictly confidential all information related to the processes, equipment, and proprietary knowledge utilized by the Company in the provision of its real estate marketing services. The Client shall not disclose, reproduce, distribute, or otherwise make available any information pertaining to the Company's methodologies, equipment specifications, trade secrets, or any other proprietary knowledge. This obligation of non-disclosure shall remain in effect during the term of engagement and following the termination of services. The Client acknowledges that any unauthorized disclosure of such information may result in legal action and damages. This is merely to protect our competitive advantage, and ensure that we protect the interest of all of our customer base. We extend the same level of confidentiality to our client in regard to any aspect of our engagement. If you have any questions regarding this give us a call.
17. Special Requests & Common Practice
It is our established practice to exclude garages and attics from the standard set of property photographs. This protocol is predicated upon the premise that such areas typically lack the visual appeal and functional significance required for effective property marketing. However, should the client desire inclusion of these areas, or have any other specific photographic requests, it is incumbent upon the client to provide explicit notification either prior to, or at the commencement of, the scheduled appointment. Timely notification of special requests is essential for ensuring optimal service delivery. Clients are urged to communicate any such requests at the time of booking or, at the latest, upon the photographer's arrival on the scheduled date. Failure to provide advance notice may impede our ability to accommodate these requests, potentially resulting in delays or deviations from the client’s expectations. By informing us in advance, clients enable us to make necessary preparations, thus ensuring a seamless and efficient photography session. This process aids in maintaining the high standard of quality and service that clients have come to expect.
18. Location Based Pricing
Our pricing terms for Santa Fe and Albuquerque counties are designed to reflect the unique operational considerations of each area. In Santa Fe, prices are inclusive of all associated operational costs, thus eliminating the need for separate fees related to transportation as were done in the past. Meanwhile, in Albuquerque, pricing remains distinct, tailored to accommodate the specific operational dynamics of that locale. Please be advised that prices quoted are applicable solely within their respective county boundaries and/or service areas. We reserve the right to adjust pricing structures as necessary on a case-by-case basis.
19. Exclusive Pricing
Our exclusive pricing packages are meticulously tailored to meet the diverse needs of real estate teams and brokerages, providing personalized solutions and competitive rates. These packages are available for consultation, enabling brokers to inquire and explore the possibility of crafting a bespoke package that aligns with their specific requirements and objectives. It is crucial to emphasize that the availability of these exclusive packages does not compromise our commitment to a fair, first-come, first-served approach. We remain steadfast in delivering exceptional service to every client, irrespective of the chosen pricing package. We reserve the right to verify eligibility for these packages and to adjust pricing structures as necessary.
20. First-Come-First-Serve and Equal Service Commitment:
The Company operates on a first-come-first-serve basis in the scheduling and fulfillment of its real estate marketing services. The Client acknowledges that appointment availability may be subject to demand and availability. While the Company strives to accommodate all clients' needs, the scheduling of appointments and delivery of services shall be based on the order in which requests are received.
The Company is committed to providing all clients with the same level of service, professionalism, and quality of deliverables. Each client is entitled to a consistent and equitable experience, irrespective of the size of the project or the duration of the engagement. The Company maintains its dedication to delivering exceptional results, adhering to industry standards, and upholding its reputation for excellence.
These terms are binding upon both parties and constitute the entire agreement between the Client and the Company.
MEDIAKINGSMEN ©
KINGSMEN MEDIA LLC.
6703 Academy Rd.
505-738-3381
Agreed and accepted if order is placed.
(Client's electronic acceptance of these terms shall be deemed equivalent to a physical signature.)
Copyright © 2024 Mediakingsmen - All Rights Reserved. - MKM