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Regroup Ltd Terms & Conditions
These Terms of Trade [“Terms”], together with the information provided by you on a Booking Form, will govern the supply of goods and services from Regroup Ltd [“us”] to you. Your order or authorization to purchase goods or services from us indicates your acceptance of these Terms.
1. Regroup Ltd Services
Regroup Ltd provides a wide range of services to the real estate industry, including –
Quality edited still photographic images, virtual tours, panorama brochures, twilight or night photography, aerial photography
High Resolution Image Archiving Services
High resolution Image archiving CD or DVD of Images in both web and print quality
2. Ordering your Virtual Home
To order any Virtual Home, you need to become a Regroup Ltd Member. You can do this by simply logging onto www.virtualhomes.co.nz and fill in the membership form, complete the form attached in the information pack or request a membership form via email, telephone or fax.
Once you are a member you may order photographic services by submitting a completed Booking Fax Form and faxing to Regroup Ltd offices, ir you may order photographic services via your membership Control Centre Website www.virtualhomes.co.nz. When you are ordering by telephone we will complete the Booking Form as instructed by you and then fax, email or post this back to you for your confirmation.
Before submitting an order you will –
Ensure the information you are providing to us on the Booking Form is current, accurate and complete. You will notify us immediately of any changes or corrections to this information.
Secure all necessary consents and authorisations to ensure that we are able to access premises.
Ensure we will have safe access to the premises and, where you require and/or we request that you do so, arrange for an agent or the property vendor to accompany us while we perform the photographic services
We will generally require at least 24 hours notice in order to provide photographic services.
Once the photographer has attended the premises to provide a photographic services, any cancellation may incur a call out charge plus any work already started.
We will provide the photographic services at the date specified in the order confirmation however time overruns may occur due to weather and other circumstances outside our control.
We will attempt to notify you where we have reason to believe we may be delayed or unable to perform or complete any photographic services.
We reserve the right to reject all or part of any order.
3. High Resolution Image Archiving Service
In relation to each order, we will:
upload the Images to the your own corporate website, or provide you with a URL (LINK) containing the Virtual Brochure. We can at your request provide you with a removable media device [CD and/or DVD] containing the high resolution Images taken for your Virtual Tour Brochure, however these will incur extra costs on top of any other service provided.
4. Licence to Use Images
You understand and agree that all intellectual property rights in the Images will belong to Regroup Ltd. Upon payment in full of all charges in relation to an order, we will grant you an exclusive non transferable licence to use the Images in their original form for the sole and exclusive purpose of marketing and promoting the property to potential purchasers, provided however that you will not use or allow the Images to be used with or by any real estate listing service that competes with Regroup Ltd without our prior written consent.
You will not make any modifications, enhancements or changes to the Images without our prior written consent.
You will ensure your use of the Images complies with all relevant laws, statutes, regulations and industry standards and codes of practice
Our current charges are set out in the Price List listed on the Regroup Ltd website and any Regroup Ltd Marketing Material supplied to you. We may vary our charges on 30 days prior written notice to you. Any change to the charges will apply to orders received by us on or after the date the notified change becomes effective.
We will invoice you and you will pay the charges within 7 working days for each order in full on delivery of services. Once we have accepted an Order, it is not subject to return or credit for any reason. 7 working day policy is for review and changes and payment will be made upon completion and work will be released upon payment.
7. Changes to Virtual Tour
Where there are changes to be made to the Virtual Tour. You will have 7 working days from the invoice period to make the necessary changes, ie such as telephone, contact address etc. Once these changes have been made and we have received full payment we will release the work done.
Where we in our sole discretion extend credit to you, and you fail to pay any amounts when due, we may, without prejudice any other remedies that may be available to us, suspend or withhold any services and/or suspend or terminate your licence to use any of the material Regroup Ltd has provide to you. You will pay interest on the full amount at the rate of 5% per week chargeable from the due date for payment until the date full payment is received by us
You will also pay any costs we incur in enforcing our rights under these terms.
You will indemnify Regroup Ltd against any and all liability, loss, damages, costs or other expenses of any nature incurred or suffered by Regroup Ltd as a result of your failure to comply with these Terms, including but not limited to:
Any use of the Images outside the scope of the license granted in section 4 of these Terms Modifications, enhancements or changes made to the Images by anyone other than Regroup Ltd Any claim that any materials or other information supplied by you or used by you with the Images infringes the intellectual property or other rights of any third party
We will on no account be liable to you or any third party for incidental, indirect, special, consequential or economic loss or damage arising from any loss of use, errors, deficiencies, delays, misuse, loss of service, profits or savings or any other cause relating to Regroup Ltd goods or services.
If we are found to be liable to you, our liability is limited to the dollar amount you have paid to us for the goods or services to which the claim giving rise to the liability relates.
As you are acquiring the goods and services for the purposes of business or trade the provisions of the Consumer Guarantees Act 1993 will not apply.
9. Website Hosting
All website hosting is to be paid annually for the year that has past. If any hosting is to cease, the client needs to tell us by writing an end date to work out any current charges. Please send this to firstname.lastname@example.org otherwise it will be assumed that it will roll over.
Once a website is up and running, we guarantee a 90% up time and any issues, we can be reached at email@example.com.
Please allow 1 week for the ceasation of a hosting agreement for your website. Any hosting stopped within the month they have been billed and have paid for will not be billed for subsequent months, however no refund will be given for any additonal hosting days up to the end of the month. If any hosting is stopped after the billing cycle and the hosting rolls in to the next month, you will be charged for that calendar month.
These Terms and any properly executed order represent the entire agreement and understanding between us and will be governed by the laws of New Zealand. These Terms may not be varied without our prior written consent. Our failure to enforce any provision of these Terms will not be construed to be a waiver of that provision. We will not be liable for events or circumstances outside our control.
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