Terms and Conditions
2024
By using our services you are agreeing to the following Terms and Conditions. These may change from time to time at our discretion therefore they should be checked periodically.
1) Definitions
‘Client’ or ‘Clients’ means a company or individual who orders services offered by
RealScope.
‘Property’ means the Client’s property for which we are engaged to photograph and provide our image and floor plan services.
‘RealScope’ means Namanula Group Pty Ltd trading as RealScope ABN 98 167 887 809 ‘Us’ means RealScope or our Realscope Franchisee as the case may be and ‘we’ and ‘our’ have corresponding meanings.
‘You’ means you the Client who has engaged us to provide products and services and ‘your’ has a corresponding meaning
2) Copyright / Licencing
2.1 The ownership of and copyright in all photographs, products and services of any kind supplied by us to our Clients remains our property unless otherwise agreed in writing.
2.2 The photographs, images and floor plans and other content we provide are to be used for the express use of marketing the Property for sale or for rent. RealScope’s products and services cannot be resold or re used or supplied to a third party for any other purpose or in any other way without our prior express written permission from RealScope and payment of relevant fees for that product or service. We charge a third party licensing fee of $300 (GST inclusive) for the use of our work, to be paid before third party use.
Examples of uses – for display on websites, portfolios, social media or any promotion of businesses. This includes
but is not limited to – builders, architects, stylists, designers, tile companies etc.
Other charges may apply for use of our images and services for other uses and written
permission must be given by RealScope before their use and relevant fees paid and
received by RealScope.
3) Liability
3.1 We take all reasonable care to provide a high quality product and service to our Clients.
3.2 Our floor plan pricing includes one set of complementary amendments excluding redraw of supplied plans which will incur a fee of $35 per amendment request.
This does not include
structural changes. Additional changes incur an amendment fee of $35 per request.
3.3 If our Clients require minimal and reasonable additional Photoshop work to images then we will undertake this at no charge after first assessing the relevant requests for this work and agreeing to it. Discretionary or complex changes will attract additional charges on a quote basis. Please note that we will not remove or exclude fixed features that would in
our reasonable opinion constitute misrepresentation of the Property or its features.
3.4 As all of our products and services are reliant on human performance, we cannot
guarantee absolute accuracy.
3.5 It is the responsibility of the Client to proof all works before they proceed with advertising or marketing of any kind as RealScope will not be held responsible or liable for any mistakes/inaccuracies the client has not assessed or notified us about in reasonable time before our images or relevant services have been used for any marketing purposes of the property.
3.6 Therefore we are not liable for any costs of any kind including reproduction costs, loss of income or ensuing litigation arising from such errors or omissions. We will not be held liable for how the agent or homeowner market the property and it is wholly their responsibility to ensure room names, ceiling heights, boundary dimensions and image markings comply with
the building code within their State or Territory and that every reasonable attempt has been made to market the property with our imagery, floor plans and services as true and as accurately as possible to their knowledge and understanding.
4) Website Terms and Social Media sites Conditions of use
4.1 All content and images contained on RealScope’s website and social media sites are the Copyright of RealScope.
4.2 The images, photographs and content on our website and social media sites are protected by Australian and International copyright and trademark laws. All images, photographs and content on our website and social media sites cannot be used in any way by a third party without the express written permission of RealScope.
5) Floor Plans
5.1 We charge for floor plans based on the total internal floor area only. This includes all enclosed areas of the property such as sheds, garages, storage areas and the like.
5.2 We include, in the floor plans, external areas that are connected to the house and are usable (covered) areas, but do not use this external floor area when charging for our floor plans.
5.3 Usable areas include balconies, courtyards, decks, verandahs, patios and terraces but excludes pathways, walkways and landscaping.
5.4 Sitemaps are an optional extra which will attract an additional fee and are not included on our floor plans as standard. These must be arranged as a separate service and requested at the time of booking.
6) Disclaimer for Floor Plans
6.1 We accept no liability for the accuracy or details contained in our floor plans.
6.2 Our floor plans are drawn and also checked to the best of our ability for accuracy, however the ultimate responsibility remains with the Client to ensure all details are correct before proceeding with marketing or advertising.
6.3 Information contained in our floor plans such as floor areas are approximate and have not been surveyed or drawn to scale. Therefore, the Client and prospective buyers should rely on their own enquiries before making any decisions. Floor plans are not suitable for lease registration, architectural or building purposes. They contain no structural or engineering information and are for marketing purposes of the property only.
6.4 Our floor plans are for representational and indicative purposes only and should be used as such. If structural or detailed information is needed our floor plans should not be used.
7) Photography
7.1 Our professional photography involves onsite techniques and post production retouching to ensure we create the best quality product for our Clients.
7.2a If additional time is needed on site or we cannot access the property on time we reserve the right to charge based on an hourly rate which currently is $395 per hour (inclusive of GST).
7.2b The property is to be ready for photography when we arrive, which means it is tidy and furniture is in the desired position and relevant items put away of which the AGENT, CLIENT AND VENDOR do not want to be photographed. If the property requires time to get it “photography ready” then we suggest the agent gets to the property before us to ensure the property is ready before our arrival to the property or that bookings are made giving a reasonable time for the property to be ready for photography. RealScope is not responsible for moving/removing items within or on the property nor styling or staging of the property. This is solely the agent’s and property owner’s responsibility and RealScope will not be held responsible or liable for images taken of items/rooms/areas that have not been prepared to the owner’s or agent’s satisfaction prior to our arrival or during the photographic shoot. Our photographers use the time RealScope has allocated for the photography to take photos and not to prepare or tidy the relevant areas being photographed.
As a guide we allow the following times onsite for the shoot
4 images – 15 mins
8 images – 25 mins
12 images – 35 mins
16 images – 45 mins
Premium photography 15 images – 60mins
7.3 RealScope photographers are equipped with small styling kits which contain only a few items to boost the appearance of a shot and cannot be relied upon to style a property. It is a complimentary service we provide to our clients as a gesture of goodwill and we reserve the right to discontinue use of these kits at any time. All items within these styling kits belong to
RealScope and items should be returned to the photographer before the photographer leaves the premises.
7.4 If post production editing is required at the Client’s request which is outside our usual parameters we reserve the right to do this work on a quotation basis. Our standard pricing does not include grass replacement, object removal and other such editing.
7.5 We require that the client approve the photos on the back of the camera onsite before the photographer leaves the property to ensure we have captured the property to your liking. It is therefore the Client’s responsibility to ensure they have done this and not the responsibility of the photographer. Proof images will not be provided unless RealScope has agreed to do this and an arrangement has been made between the client and RealScope prior to the shoot and at the time of booking. This will also affect the time of delivery of final images and should be discussed with RealScope and an agreed delivery date of final images confirmed between the Client and RealScope. If the Client cannot be present at the shoot we hold no responsibility for missed shots, incorrect angles or the Client’s/Vendor’s dissatisfaction with final
images. With no Client present while the photography services supplied by RealScope are taking place, this constitutes a Client’s agreement and permission for our photographer to use their own professional and creative discretion when taking
photographs of the property and relevant areas. Any requests for a re-shoot based on the Client’s dissatisfaction of the images supplied for any reason will incur a fee.
7.6 We will require the client to be onsite for the whole shoot if a property is occupied by tenants. This is non-negotiable.
7.7 We will require the client to be onsite for the whole shoot if it is the first time working together to ensure your expectations are communicated to us and we get the shots you need. If you cannot be there see 7.5.
7.8 We do not pick up keys unless it has been organised prior to the booking time and we have time in our schedule to do so. This may incur a fee.
8) Working hours
8.1 Our standard working hours are Monday to Friday 8am to 5pm.
8.2 Surcharges apply for dusk/dawn appointments and weekend work.
9) Storage of files
9.1 We will endeavour to archive all floor plans and photographs after 1 month.
9.2 To retrieve floor plans from archives an archive fee of $70 (inclusive of GST) is applicable. Please see Archived Floor Plans below for further details (17).
9.3 Photography jobs, with their RAW files included, are stored for 1 month after which time the RAW files are deleted and the core JPEG images are archived. Only edited JPEG files are kept from the original photo shoots after 1 month.
9.4 To retrieve photo images from archives and to reuse them for marketing a property for sale or rent there is an archive fee of $120 (inclusive of GST)(one time use). We do not guarantee that all files will be successfully archived and take no responsibility for images or floor plans that are not available from our archive system.
9.5 Clients are responsible for immediately downloading, saving, storing and safely backing up all files we send to Clients to avoid lost data and possible archive fees to retrieve and resend data previously sent to the Client.
10) 3D tours
10.1 We will keep our Clients 3D tours hosted for the duration of the sales campaign or 6 months from the date the Client receives the relevant tour links from RealScope or whichever comes first, after which time they will be removed/deleted. It is the Client’s responsibility to inform RealScope of the required 3D tour continuation before the 6 month expiry date. Relevant reinstatement charges/ hosting fees are required to be paid to RealScope to ensure the reinstatement and continuation of the 3D tour. We hold no responsibility for tours being deleted or removed if no notification has been received in writing from the client asking for extended hosting of the 3D tour and relevant fees being paid in full for this.
10.2 To reinstate a 3D tour which is no longer active (online) a fee of $120 (inclusive of GST) is required to be paid. To extend the hosting of the 3D tour after 6 months, a hosting fee of $60 per year will be charged based on the time required for the tour to be hosted and must be arranged in writing with RealScope before the 6 month period expires.
10.3 We cannot guarantee the 3D tour will still be available and hold no responsibility or
liability for loss or deletion of the 3D tour.
11) Video and Drone services
11.1 We provide free cloud storage of edited videos through Vimeo and videos will be available to download through Vimeo if so required. However, we cannot guarantee the storage and availability of these videos and are not responsible in the event the video is not available due to the activities of Vimeo . All raw video footage and any related editing files will be deleted after 3 months from the date the videos were taken.
11.2 Objects cannot be removed from video footage and lighting will be different from any still images of the property due to the nature of the video medium
11.3a The property is to be ready for filming when we arrive at the allocated/agreed booking time, which means it is tidy and furniture is in the desired position and relevant items put away of which the CLIENT AND VENDOR do not want to be filmed. If the property requires time to get it ‘video ready’ then we suggest the agent gets to the property before us to ensure the property is ready to be filmed before our arrival to the property or that bookings are made giving reasonable time for the property to be ready for filming. RealScope is not responsible for moving/removing items within or on the property nor styling or staging of the property. This is solely the agent’s and property owner’s responsibility and RealScope will not be held responsible or liable for imagery taken of items/rooms/areas that have not been prepared to the owner’s or agent’s satisfaction prior to our arrival or during the shoot. Our videographer uses the time RealScope has allocated for the video to film and not to prepare or tidy the
relevant areas being filmed.
11.3b Items to be put away, out of sight before the videographer arrives – Pool cleaners (creepy crawlies) and wheelie garbage bins. We are unable to photoshop things out in video. Please also turn water features on.
11.4a The allocated time on-site is determined by the length of the video. For instance, we allocate 90 minutes on-site for our standard 60-second property video with agent appearing (Video Package). This allocation assumes the shoot is confined to the property and does not include travel to additional locations. If additional lifestyle shots are required or the shoot is extended due to the presence of multiple individuals or the use of talent, an additional fee of $195 per hour will be applied.
11.4b Clear communication of client expectations before the booking date is essential. If you or your vendor have specific ideas or a vision for how the video should be shot, including its style and feel and music, please inform RealScope before the shoot. Provide examples of videos, music, and all relevant information to convey your vision effectively. If we do not
receive any direction, we will assume you are granting full creative control to our videographer and requests for changes and edits will incur an additional charge.
Additionally, if you would like your logo or any text included in the video, please email details and assets to us before the start of the shoot.
11.4c All standard videos are guaranteed to be completed and delivered in 2 business days from the shoot. Please plan enough time in your campaign to allow for this delivery time and for any possible amendments.
11.5 Video Amendments: One email of minor changes is included. Subsequent editing requests will be charged at $100 per additional email and will have a turnaround time of two business days. To ensure fast and efficient processing, please consolidate all changes from all involved parties into a single email. This will help avoid delays and additional fees.
11.6 When audio or professional voice overs are required, a completed script with the correct word count (word count is determined by the length of video ordered see 11.7) is required to be sent to us at least 1 business day before the commencement of the video shoot. Failure to supply this may affect the delivery time of the final edited video. Scripts
must be final with no editing required as RealScope is not responsible for any corrections or editing of scripts. We are unable to make alterations to a voiceover once it’s been recorded, so it would require a full-price re-recording. So please ensure clarity with pronunciation, especially for any names or unclear words. Eg. An agent’s name may be spelt Iva but it is pronounced Eva, you will need to make it clear in your script by writing – Iva (pronounced
Eva)
11.7 Video scripts must be written with a word count corresponding with the relevant length of video that has been booked. Word counts are as follows:
● 30 seconds = 70 words maximum
● 60 seconds = 140 words maximum
● 90 seconds = 210 words maximum
● 2 minutes = 280 words maximum
11.8 Drone Discovery Fee: Please be advised that there is a non-refundable minimum fee of $150, referred to as the “Drone Discovery Fee,” associated with launching the drone, regardless of whether the client ultimately selects photos from the proofs supplied. This fee covers the initial setup, preparation, and operation of the drone equipment. The Drone
Discovery Fee is separate from any other photography services and will be applied to the total invoice. By engaging our drone services, clients acknowledge and agree to the non-refundable nature of the Drone Discovery Fee, ensuring the commitment to the specialised and unique aspects of aerial real estate photography. For example – If the drone is to be used to see possible city views or potential views at a specific height and images are used just to view and not to print or publish.
11.9 As CASA licensed drone operators, we are governed by the rules and regulations of said licence. We are not permitted to fly within CASA no fly zones and are restricted to certain areas within the greater Brisbane area. We are not responsible or liable for failure to launch drones due to digital fencing and CASA no fly zoned areas. We will endeavour to check CASA no fly zones however, it is the responsibility of the client to ensure that the property is located within the ‘okay to fly zone’ prior to booking drone imagery with us.
11.10 During the months of Spring (September/October/November) drone flights can be severely affected by bird attacks due to many species nesting during these months. There are currently no known deterrents for such attacks on drones which can severely compromise the safety of persons and property within the immediate and surrounding areas and the drone itself. Therefore, due to occupational health and safety guidelines outlined in the CASA licensing rules, the decision to fly will be at the pilot’s discretion and an informed decision will be made on the day of the booking by the pilot.
11.11 Drones are unable to be launched in the rain. RealScope will make every attempt to shoot the drone images at the time booked however, if we are unable to do this due to rain we will arrange to have the drone images shot at the next available booking time. RealScope are not responsible for delays due to weather events and as such, Clients are responsible for rescheduling or cancelling bookings due to anticipated weather events. Rescheduling or cancellation must be done within a certain time to avoid a fee. (see Cancellations 14)
12) Virtual Staging
12.1 Virtual staging requires the use of high resolution images over 1mb.
12.2 Virtual Staging is a 2-3 business days turnaround from the day you receive the edited photos from the shoot (or we receive high resolution images from the Client) until you receive the final product. If you are supplying us the high resolution images please ensure you email them in before noon on a business day so we can start work on them. If they are sent after that time then the work will start the following business day and the delivery time will be calculated from then. The photos must be edited (the day following the shoot), before the staging process can commence. The next stage is for the furniture to be selected and then placed/staged within the photo. This process is involved and takes time. It is subject to personal style and that of the property. For example, a new property will be styled differently to a house built in the 60’s. We ask that you allow plenty of time before your launch date to ensure that there is enough time for possible correction or unforeseen delays with your virtual staging. We hold no responsibility for delays caused by the client not providing us with sufficient time to complete the virtual staging before the property launch date
12.3 The Client may advise RealScope of furniture style and placement within the room (image). Placement of furniture is to be written on each image and visual references of furniture style are to be emailed to RealScope for processing. RealScope will endeavour to match furniture as closely as possible however, due to the limited selection of digital furniture available we are unable to guarantee exact matches and colours provided by the client.The completed images will be sent to the client within 2-3 business days (Monday-Friday) from receipt of the instructions from the client.
12.4 We are happy to choose and place the furniture for you; however in doing so you give total creative control to us and therefore accept the risk that our choice may not be styled the way you or your vendor may have expected and may need to be changed. RealScope are happy to do any changes you require subject to the following conditions see
12.5
12.5 Changes to Virtual Staging
Minor changes take 24 hours (1 business day) from when we receive your notice of changes and relevant instructions and are free of charge for the first request. Please ensure you email them in before noon on a business day so we can start work on them. If they are sent after that time then the work will start the following business day and the delivery time will be calculated from then. One email of minor changes is included and will take 1 business day. Subsequent change
requests will incur a charge and will have a turnaround time of 1 business day. To ensure fast and efficient processing, please consolidate all changes from all involved parties into a single email. This will help avoid delays and additional fees.
*Minor changes include things like, removal of a chair, changing the colour of a cushion, or adding a vase or artwork.
*Major changes take 24 – 48 hours (up to 2 business days) and incur an $99 amendment
fee. A major change is where you need the entire room changed and the virtual styling is to be redone.
13) Agent portrait photography
13.1 Portrait work is very personal and subjective therefore we require a detailed client brief to ensure expectations are met.
13.2 Photography must be proofed on site and unless there is an image clarity issue then re-shoots will incur further charges.
14) Cancellations
14.1 We charge a $60 (inclusive of GST) late cancellation/reschedule fee for day bookings if the booking is cancelled/rescheduled after 12pm the business day prior to the allocated booking time or if we arrive on site for the booking and are unable to carry out the work for any reason.
14.2 We charge a $360 (inclusive of GST) late cancellation/reschedule fee for dusk photography, if the booking is cancelled/ rescheduled after 12pm the business day prior to the allocated booking time or if we arrive on site and are unable to carry out the work for any reason. All cancellations and rescheduling of bookings must be made in writing via email to sales@realscope.com.au on a business day during RealScope’s business hours. (8am – 5pm Monday to Friday). Voice messages are not an accepted form of cancellation.
15) Third party work
15.1 RealScope may use third parties such as contractors to perform some of our services.
15.2 RealScope uses all reasonable care to ensure the products and services supplied to our Clients are accurate but take no responsibility for errors or omissions of our RealScope contractors.
16) Service turnaround times
16.1 We always endeavour to supply our photography back to our Client by 5pm the following business day from access.
16.2 We always endeavour to supply floor plans back to our Clients within 2 business days of floor plans being drawn on site.
16.3 We always endeavour to supply Standard Videos to our Clients within 2 business days.
16.4 We always endeavour to supply Virtual Staging to our Clients within 3 business days.
16.5 We always endeavour to supply Copywring to our Clients by 5pm the following business day from access or from when we receive the photos, floor plan and copy notes.
16.6 We always endeavour to supply our agent/office/promo/development or commercial videos and large marketing videos within 5-10 business days.
16.7 Business days are classified as Monday to Friday between the hours of 8am and 5pm (EST) and are exclusive of public holidays which fall on these days.
16.8 All work is sent via email and no hard copies are supplied.
16.9 Whilst we make every effort to meet the service turnaround periods we take no responsibility for any loss or damage or inconvenience caused by the above time frames not being met as we are reliant on Internet services and third party involvement.
16.10 All of our Clients need to take this into account when booking jobs with us.
17) Archived floor plans
17.1 We archive past floor plans and they are available at a cost of $70 (inclusive of GST).
17.2 This cost does not include any amendments to the plan. If any amendments are necessary to the plans $35 per request is charged.
18) Redrawing of supplied floor plans
18.1 We offer a service to redraw existing plans into the RealScope format.
18.2 Plans must be emailed to us as JPEG or PDF files and must be clear and legible. This will be determined by RealScope after viewing the plans and at our discretion.
18.3 Any alterations to these plans as supplied to us will incur additional charges. Once redrawn, any amendments will incur additional charges.
18.4 We are not responsible for incorrect information supplied to us by Clients or other third parties or for errors or omissions to the final product. Refer to the Floor Plan section above for further details.
19) Credit Terms
19.1 For our regular trusted clients our payment terms are 14 days from the date of invoice which are issued monthly.
19.2 Any new Clients are required to pay the full amount of the invoice prior to final images and products being sent to the Client until which time they have been approved for credit.
19.3 Payments can be made by direct deposit or cash. If you would like to pay by Credit Card please contact us directly.
19.4 For overdue accounts we reserve the right to require payment in advance for any future work until outstanding payments are made at which point we will revert to invoicing monthly.
20) Other charges
20.1 Where our staff cannot find appropriate onsite parking and use a paid parking facility this cost will be passed onto our Client in full.
20.2 A travel charge of $60 per hour of travel applies to areas 15 kilometres and over outside the Brisbane CBD. These areas are subject to availability and may require substantial lead time for bookings. Please refer to our pricing schedule or contact RealScope for a quote.
21) Privacy Policy
21.1 We value the privacy of our Clients information and have a detailed Privacy Policy on our website that indicates the purposes for which we may collect, store, use and communicate personal information about our Clients. Refer to www.realscope.com.au or contact our Privacy Officer, Amy Hopes.