PINNACLE DIGITAL SOLUTIONS SERVICE AGREEMENT

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Use of Photos

The customer expressly agrees to the terms and conditions of this License and Service Agreement as an inducement and consideration for Pinnacle Digital Solutions agreement to photograph, visually record, or otherwise create graphics or other images of the items and/or properties requested by customer (referred to as “Services” and/or “Images”) in exchange for a fee. These terms are subject to change without notice. The parties hereby agree, for good and valuable consideration received, as follows:

License Agreement

Customer agrees to pay Pinnacle Digital Solutions Online or in person in consideration of the services rendered and the license granted below pursuant to this License Agreement.

Grant of License Terms:

Pinnacle Digital Solutions hereby grants to customer a royalty-free license to reproduce, distribute, display, prepare works of, and publicly present the Images in perpetuity.

This license grant shall include the right to sue for copyright infringement, including without limitation past infringement.

Customer acknowledges it may not sell, distribute, or otherwise exchange the Images provided by and through this Agreement in exchange for consideration.

Pinnacle Digital Solutions  and customer understand and agree that Pinnacle Digital Solutions  is an independent contractor of customer and nothing in this Agreement shall be construed to create a partnership, or joint venture, between Pinnacle Digital Solutions  and customer.

Pinnacle Digital Solutions hereby represents and warrants that it owns all rights, title, and interest in and to the Images, no third party has any rights in, to, or arising out of the Images, and Pinnacle Digital Solutions  has full right and power to enter into this Agreement and grant the license.

Customer acknowledges that Pinnacle Digital Solutions  retains all rights, title and ownership to all Images.

Customer agrees that only customer has the rights to use the Images and that those rights cannot be transferred to any third party without the express written permission from Pinnacle Digital Solutions, including but not limited to a builder, designer, remodeler, or stager of the property photographed, nor can customer sell or resell the images to any third party.

Customer agrees that if a third party is interested in obtaining usage rights to the Images, it will direct that third party to Pinnacle Digital Solutions  at office@pinnacle-ds.com.

The validity, construction, and enforceability of this Agreement shall be governed in all respects by the laws of the State of North Carolina. The terms and conditions set forth herein constitute the entire agreement between the parties and shall supersede all prior agreements. This Agreement may not be amended except in writing signed by the respective parties. The failure of either party to enforce its rights under this Agreement at any time for any period shall not be construed as a waiver of such rights.

Customer agrees that any claims, losses, expenses, injuries, or damages arising out of or any way related to this Agreement shall not exceed the total compensation paid to and received by Pinnacle Digital Solutions  from the customer for its services related to the Images under this Agreement.

CANCELLATION / RESCHEDULE POLICY

When you schedule services with us, you are reserving a valuable time slot that will not be available to others. When you cancel or reschedule the same day as your photo shoot, we have to pay our photographers for that reserved time.

We do our very best to keep you apprised about your upcoming appointment with a courtesy email at least 48 hours out – please use that time to check in with your customer.

As soon as you become aware that the property is not ready as scheduled, email us office@pinnacle-ds.com so we can notify the photographer and either remove it from the schedule or set up a new appointment time.

Same Day Postpones/Cancellations/Reschedules:

If an appointment is postponed, cancelled or rescheduled the same day as the appointment, or, the photographer arrives to the appointment and cannot photograph it, then you agree to pay a fee of $50 before arrival or $75 after arrival so that we may pay the photographer for their reserved time.

We are going to work hard to replace the photo shoot, so we can waive the fee.

Be sure to check the weather in advance of your appointment. It is your responsibility to reschedule if weather is a concern! As long as it is not raining hard, we can shoot interiors and exteriors. 

DOMAINS

When applicable, domains are available for use for 12 months from the date purchased. If you require a domain to be extended past 12 months, it is an additional annual fee to renew. 

HOSTING

Hosting is available for use for 12 months from the date purchased. If you require hosting to be extended past 12 months, it is an additional biannual fee to renew. Properties will be removed from hosting site after it is sold.

TRIP CHARGES

Trip charges occur for properties approximately 20 miles or more from the center of the city of Henderson. These charges are added to the base photo shoot cost and are zip code based.

OTHER COMMITMENTS

It is the customer’s responsibility to ensure that the property is ready for photography at the arranged time. Photographers reserve the right to terminate the photo shoot if the property is not ready and will cause them to be delayed to their next job. A cancellation after arrival fee of $75 is applicable in this situation.

Pinnacle Digital Solutions  doesn’t handle any cleaning, dusting, or moving of furniture due to liability reasons.

Pinnacle Digital Solutions will, at the photographer’s discretion, adjust window coverings or turn on or off lights as deemed necessary to better capture the scene(s) and move small items that may be distracting in the photo. The property must be clean and presentable at the scheduled time of the photo shoot.

The homeowner shall ensure that there are no hazards to the photographer’s safety.

Pets are to be contained or removed from the property for the photography session. Often a friendly dog will be aggressive when someone that they don’t know enters their territory. The photographer reserves the right to terminate the shoot if they feel threatened in any way. The photographer will do everything to ensure pets stay inside, but are not responsible for pets that escape the property during the photography session.

Homeowners should ensure children are supervised and, altogether with any other persons/pets present, stay out of the camera’s view.

Photographers will do their best that all significant aspects of the property shall be included in the tour unless the condition of said aspect has a negative impact on the tour. This shall be left solely up to the photographer’s discretion, unless specific aspect(s) of the property are specifically requested by the agent or the homeowner.

Once the home has been photographed, the service may not be canceled. The agent will be charged the full price of the package ordered. In addition, the Photographer will not retouch images in order to disguise any known defects and/or physical structures such as cracks in walls or driveways, power lines, water towers, etc.

All photography, and 360 tour product will be processed and sent to the customer within 48 hours after the photo shoot unless otherwise arranged. 360 tour product and Floor Plans may take longer.

COPYRIGHT NOTICE

Pinnacle Digital Solutions keeps the copyright protection of all web pages and digital images. Pinnacle Digital Solutions reserves the right to use all images for promotion of Pinnacle Digital Solutions but not a third party. The original customer who paid for this service, has permission to use these images on any electronic or printed form of advertisement for the promotion of that property. Images cannot be altered after they are in your possession.

Images cannot be sold or given away by one customer to another customer. Failure to pay for the images will result in a copyright infringement/violation. You will be asked to remove the image from any electronic or printed form of advertisement. Failure to stop using them will result in legal action.