TERMS AND CONDITIONS:

By booking this appointment you agree to the Terms & Conditions of Service outlined below.

Please note that Real Estate Sales Representatives and Brokers are responsible for informing their clients of our arrival and departure. The service provider is onsite to provide a service, any additional request made on site must be sent to support@otbxair.com. If you have any additional services requested onsite, the Real Estate Agents are required to call 1-877-268-2924, we may not be able to provide the service due to other appointments scheduled in the service provider’s calendar. We will do our best to accommodate your additional requests but these additional requests may result in additional site visits and site fees.

Please note that if you have special requirements or requests for onsite services, we will require this information 24 hours in advance of the appointment. Failure to provide this information can result in delayed turnaround timelines, site visit fees and rush fees.

Arrival time due to weather conditions may vary with seasonal changes. Please note that we will take caution in extreme weather conditions and notify you of any changes in arrival times. If you would like to reschedule your appointment to another day, please do so in 24 hours advance notice; if not – you are subject to a cancellation fee.

Since photographers and editors work with the Real Estate Sales Representatives and Brokers, who have legal responsibilities since they are members of any Realtors’ Association, the former will not be held liable for any misrepresentation disputes.

If photographers or editors perform their duties with due diligence, they will not be held accountable for any misrepresentations that may arise from the edited images. It is recommended that the Real Estate Sales Representative or Broker document that they are modifying the photograph at the client’s request; not only based on their discretion.

We require the property to be fully prepared prior to our estimated arrival. Please have all lights on, blinds/curtains open, toilet seats down, garbage cans hidden (interior and exterior), and personal belongings put away. Please be advised that OTBx staff are not able to move personal items belonging to homeowners and that all furniture and/or other staging items should be in their desired locations upon the photographer’s arrival.

Sometimes it’s necessary to schedule service interruptions so that we can perform system maintenance and ensure continued, reliable services to our customers (this will be done outside of business hours). Other times, unforeseen events like weather, system damage, or accidents cause emergency utility disruptions that we can’t plan for. Client agrees to these possible service interruptions. If your outage is not listed on our website, or if you have new information to share, report it to us by calling at 1-877-268-2924.

See our Real Estate Photography Checklist for more information located on our website.

DELIVERABLE TURNAROUND TIMELINES:

Please note that weekends and holidays can affect turnaround times. Below is a summary of when you can expect to receive your content from us.

Photos / Matterport Scans = 24 hours from the end of the shoot

Video/Slideshow/Reels = 48 hours from the end of the shoot

iGuide Scan and iGuide Floor Plans = 24 hours from the end of the shoot *

Floor Plans/Matterport Floor Plans = 2-3 business days from the end of the shoot. **Please note that floorplans are ordered in Imperial Measurements unless otherwise requested at the time of booking**

Virtual Staging = 1-2 business days from the time photos are selected by you. Please note that we have virtual removal. Item removal is $50 per photo plus tax and will be turned around in 24-48 hours. Virtual renovations are $100 per photo plus tax and will be turned around in 48-72 hours. We are unable to push a rush on this request due to editing requirements.

Dedicated Listing Website = 24 hours from the end of the shoot

Delivery on Friday Photoshoots:

Please note that Friday’s have affected turnaround times. Below is a summary of when you can expect to receive your content from us.

Photos & Matterport Scans = 24 hours from the end of the shoot

Video/Slideshow/Reels = Monday delivery

IGuide Scan and IGuide Floor Plans = 24 hours from the end of the shoot *

Saturdays and Sundays Delivery:

Photos & Matterport 360 Scan = Monday delivery

Video/Slideshow/Reels = Tuesday delivery

IGuide Scan and IGuide Floor Plans = Monday delivery

Editing Requests for all content received on Saturdays will be returned to the client on the following Monday or Tuesday, depending on the complexity of work needing to be completed

PAYMENT TERMS:

We will send you an invoice on the day of the service. Payment can be made via Visa, Mastercard, AMEX, or e-transfer. Please note that we will require payment in full before content can be released unless otherwise arranged and agreed upon.

COVID PROTOCOL:

We require our clients to advise of any known cases, exposure, or anyone showing symptoms of COVID-19 who has been in the property in the past two weeks. We require our clients to clean and disinfect properties before our arrival.

We require the property to have no more than two people on site unless arranged 24 hours in advance of the shoot. We will no longer require masks to be worn at all times, but encourage and respect social distancing.

DEDICATED LISTING WEBSITE / PORTAL MARKETING KIT

You are responsible to provide all details related to your dedicated listing site and marketing kit. If you require additional assistance from the Client Care Solutions Team, please note that there will be an additional fee of $50 per 30 minutes billed in 30 minute increments.

Marketing Kit must be selected as a Marketing Add On to host content for a full year. Media Delivery Only hosts content for 90 days.

ADDITIONAL FEES

Rush Fees: Please note that we do have a rush option for our services. These rush fees will be billed per rush request. If you have photos, video and matterport, there will be a rush fee of $100 plus tax per service requested. We must be informed of this rush request 24 hours in advance or we will not be able to process your request.

Sunny Day Request: Please note that it is the responsibility of the agent to watch for weather conditions and plan accordingly. If you require a sunny day, you will be responsible for rebooking. If the request is not made within 24 hours advance notice of the job, you will be billed for a $100 plus tax cancellation fee.

Cancellation Fee: We request 24 hours advance notice of cancellation or a cancellation fee of $100 will apply. If the home is not prepared at the time of the arrival and you need to reschedule, please note that there will be a $100 plus tax cancellation fee. Agent is responsible for rescheduling/canceling in advance.

Same Day Booking: Same day booking requests might be subjected to a fee of $100 plus tax. We may not be able to accommodate your requested time, but we will do our best to accommodate last minute requests.

Additional Site Fees: Will apply if you have to break the appointment into two visits or more. Each additional visit will have a site fee of $100 each plus tax.

Wait Time: If the property is not ready upon our arrival, an additional wait time cost of $100 per hour plus tax after a 15 minute grace period applies and will be charged in 15 minute increments.

Agent Intro/Outro’s: Please note that the end product will include 15 seconds of edited footage. If you require a walkthrough agent introduction, please contact the support team.

Video Revisions: Only one video or slideshow revision is included in the initial package pricing. Additional revision requests will be billed at a minimum of $99.00 plus tax but could be more depending on the scope of work required – we will give you an exact quote upon receiving your request in writing.

Video Agent Introductions: Please note that our service providers will allot 15 minutes onsite for you to do your agent introduction and a brief overview of the details of the listing. If you require additional time on site or longer edits, they will be billed in 15 minute increments at $25 plus tax.

Photography Virtual Replacement of Skies and Grass Add-On: Please note that two complimentary grass and sky photos will be provided and the two edited photos are at the discretion of OTBx Editing Team. One for the front exterior and one for the rear exterior. If you require all photos to have sky and grass replacements, please note that there is an additional cost of $25 plus tax. This will need to be requested at the time of booking.

B-Roll Add on Product: Please request any B-Roll required 24 hours prior to your listing appointment, if we have photography captured of the area requested, we will let you know. If we do not have requested B-Roll on file, please note that you can add on neighborhood footage at $65 plus tax per location. These locations must be provided 24 hours in advance so we can schedule this in with the service provider.

Matterport / iGuide: Matterport and iGuide spaces are hosted for 90 days and automatically expire. Matterport or iGuide hosting can be extended by 6 months ($60 plus tax) or 1 year ($100 plus tax). Requested changes to a Matterport or IGuide space will be made within 24 hours from the time of the request. Matterport stitching can take up to 2 weeks.

Floor Plans: Floor plans and measurements provided are approximate and may not be 100% accurate. Floor plans are for advertising usage only and are not suitable for architecture or construction. We provide cost-effective services for property owners, managers, facility managers, real estate professionals, architects, space planners and interior designers, or any company which would like to verify their lease space size. Clients are responsible for verification and home values should not be set solely based on the floor plans provided. Floorplans include one revision. Additional revision sets will be billed at a rate of $99.00 each plus tax.

Customized Floor Plans: Please note that the customized floor plans are an additional cost of $50 plus tax to add in special logos, fonts, etc. Please note that floor plan customization can take 24-48 hours to complete the required changes. We will require these changes to be made via email as we will need your direction in writing.

iGuide Virtual Staging: The client must select the 360 scan points they would like to be virtually staged. Turnaround time is up to 4 business days and may take up to 2 business days for revisions. Note that we are not able to remove items in the 360 scans. 2D Floor Plan must be ordered with iGuide. Room MUST be Vacant for iGuide Virtual Staging. The client agrees that if they request a rush order they will pay a $100 surcharge fee, turn around time will be up to 2 business days.

PLEASE READ THIS WEBSITE REQUIRES CONSIDERATION FOR AND AS A CONDITION OF ALLOWING YOU ACCESS.

READING AND ACCEPTING THE TERMS OF USE AGREEMENT AND READING AND ACCEPTING THE PROVISIONS OF THE PRIVACY POLICY OF THIS WEBSITE ARE REQUIRED CONSIDERATIONS FOR THE WEBSITE GRANTING YOU THE RIGHT TO VISIT, READ, RESELL, TRANSACT, PROCESS PAYMENTS FOR OR INTERACT WITH IT IN ANY WAY. BY VISITING THIS WEBSITE YOU ARE ACKNOWLEDGING THAT ALL TERMS OF USE HAVE BEEN TRANSMITTED TO YOU. ANY AND ALL AGREEMENTS, REPRESENTATIONS, PROMISES, WARRANTIES, ACTIONS, OR STATEMENTS BY VISITOR THAT DIFFER IN ANY WAY FROM THIS AGREEMENT SHALL BE GIVEN NO FORCE OR EFFECT.

ALL PERSONS ARE DENIED ACCESS TO OR USE OF THIS SITE UNLESS THEY READ AND ACCEPT THE TERMS OF USE AND THE PRIVACY POLICY.

BY VIEWING, VISITING, USING, TRANSACTING PAYMENTS ON BEHALF OF, OR INTERACTING WITH THIS WEBSITE AS A RESELLER, INTERMEDIARY, AFFILIATE, CUSTOMER, MERCHANT SERVICE PROVIDER, PUBLISHER, ADVERTISER OR ANY INTERACTION WHATSOEVER YOU ARE AGREEING TO ALL THE PROVISIONS OF THIS TERMS OF USE POLICY AND THE PRIVACY POLICY OF THIS WEBSITE. INCLUDING ANY CHANGES TO THIS AGREEMENT OR ADDITIONAL POLICIES INCORPORATED BY REFERENCE WHICH WEBSITE MAY MAKE IN ITS SOLE DISCRETION IN THE FUTURE.

ALL PERSONS UNDER THE AGE OF 18 ARE DENIED ACCESS TO THIS WEBSITE. IF YOU ARE UNDER 18 YEARS OF AGE, IT IS UNLAWFUL FOR YOU TO VISIT, READ, OR INTERACT WITH THIS WEBSITE OR ITS CONTENTS IN ANY MANNER. THIS WEBSITE SPECIFICALLY DENIES ACCESS TO ANY INDIVIDUAL THAT IS COVERED BY THE CHILD ONLINE PRIVACY ACT (COPA) OF 1998.

THIS WEBSITE RESERVES THE RIGHT TO DENY ACCESS TO ANY PERSON OR VIEWER FOR ANY REASON. UNDER THE TERMS OF THE PRIVACY POLICY, WHICH YOU ACCEPT AS A CONDITION FOR VIEWING, THE WEBSITE IS ALLOWED TO COLLECT AND STORE DATA AND INFORMATION FOR THE PURPOSE OF EXCLUSION AND FOR MANY OTHER USES.

THE TERMS OF USE AGREEMENT MAY CHANGE FROM TIME TO TIME. VISITORS HAVE AN AFFIRMATIVE DUTY, AS PART OF THE CONSIDERATION FOR PERMISSION TO VIEW THIS WEBSITE, TO KEEP THEMSELVES INFORMED OF CHANGES.

PARTIES TO THE TERMS OF USE AGREEMENT

Visitors, viewers, users, subscribers, members, affiliates, resellers or customers, collectively referred to herein as “Visitors”, are parties to this agreement. The website and its predecessor websites owners and/or operators are parties to this agreement, herein referred to as “Website.” Visitors understand and acknowledge that this agreement over-rules and supersecedes any and all Visitors agreements with Website, including but not limited to Visitors own electronic website terms of use, privacy policy or other proposed legally binding agreements located on Visitors website.

Website hereby rejects all Visitors website electonic agreements including but not limited to Visitors Terms and Conditions. This agreement shall govern all parties. In the event of a dispute with Visitor the Website shall be governed by this agreement and by the applicable default rules and laws which shall be settled in binding arbitration or a court of law at the Websites choice in the jurisdiction of the Websites choice. Any and all agreements, representations, promises, warranties, actions, or statements by Visitors website or other proposed agreement that differ in any way from the terms of this agreement shall be given no force or effect. All visitors including resellers, intermediarys, affiliates, joint venture partners, publishers, advertisers, online marketers, and any and all users that visit or access this website in any way shall be subject to mutual release and any contracts or agreements are not permitted to be terminated for any cause or reason without mutual written agreement and assent of the website.

USE OF INFORMATION FROM THIS WEBSITE

Unless you have entered into an express written contract with this website to the contrary, visitors, viewers, subscribers, members, affiliates, or customers have no right to use this information in a commercial or public setting; they have no right to broadcast it, copy it, save it, print it, sell it, or publish any portions of the content of this website. By viewing the contents of this website you agree this condition of viewing and you acknowledge that any unauthorized use is unlawful and may subject you to civil or criminal penalties. Again, Visitor has no rights whatsoever to use the content of, or portions thereof, including its databases, invisible pages, linked pages, underlying code, or other intellectual property the site may contain, for any reason for any use whatsoever. Nothing. Visitor agrees to liquidated damages in the amount of U.S.$100,000 in addition to costs and actual damages for breach of this provision. Visitor warrants that he or she understands that accepting this provision is a condition of viewing and that viewing constitutes acceptance.

OWNERSHIP OF WEBSITE OR RIGHT TO USE, SELL, PUBLISH CONTENTS OF THIS WEBSITE

The website and its contents are owned or licensed by the website. Material contained on the website must be presumed to be proprietary and copyrighted. Visitors have no rights whatsoever in the site content. Use of website content for any reason is unlawful unless it is done with express contract or permission of the website.

HYPERLINKING TO SITE, CO-BRANDING, “FRAMING” AND REFERENCING SITE PROHIBITED

Unless expressly authorized by website, no one may hyperlink this site, or portions thereof, (including, but not limited to, logotypes, trademarks, branding or copyrighted material) to theirs for any reason. Further, you are not allowed to reference the url (website address) of this website in any commercial or non-commercial media without express permission, nor are you allowed to ‘frame’ the site. You specifically agree to cooperate with the Website to remove or de-activate any such activities and be liable for all damages. You hereby agree to liquidated damages of US$100,000.00 plus costs and actual damages for violating this provision.

DISCLAIMER FOR CONTENTS OF SITE

The website disclaims any responsibility for the accuracy of the content of this website. Visitors assume the all risk of viewing, reading, using, or relying upon this information. Unless you have otherwise formed an express contract to the contrary with the website, you have no right to rely on any information contained herein as accurate. The website makes no such warranty.

Every effort has been made to accurately represent this product and its potential. Even though this industry is one of the few where one can write their own check in terms of earnings, there is no guarantee that you will earn any money using the techniques and ideas in these materials. Examples and testimonials in these materials are not to be interpreted as a promise or guarantee of earnings. Earning potential is entirely dependent on the person using our product, their ideas and techniques. This product is not a business opportunity and only provides advice and training about Internet and search engine optimization. This is a new product and system and as such there is no history of earnings from its use.

DISCLAIMER FOR HARM CAUSED TO YOUR COMPUTER OR SOFTWARE FROM INTERACTING WITH THIS WEBSITE OR ITS CONTENTS. VISITOR ASSUMES ALL RISK OF VIRUSES, WORMS, OR OTHER CORRUPTING FACTORS.

The website assumes no responsibility for damage to computers or software of the visitor or any person the visitor subsequently communicates with from corrupting code or data that is inadvertently passed to the visitor’s computer. Again, visitor views and interacts with this site, or banners or pop-ups or advertising displayed thereon, at his own risk.

DISCLAIMER FOR HARM CAUSED BY DOWNLOADS

Visitor downloads information from this site at this own risk. Website makes no warranty that downloads are free of corrupting computer codes, including, but not limited to, viruses and worms.

LIMITATION OF LIABILITY

By viewing, using, or interacting in any manner with this site, including banners, advertising, or pop-ups, downloads, and as a condition of the website to allow his lawful viewing, Visitor forever waives all right to claims of damage of any and all description based on any causal factor resulting in any possible harm, no matter how heinous or extensive, whether physical or emotional, foreseeable or unforeseeable, whether personal or business in nature.

INDEMNIFICATION

Visitor agrees that in the event he causes damage, which the Website is required to pay for, the Visitor, as a condition of viewing, promises to reimburse the Website for all.

SUBMISSIONS

Visitor agrees as a condition of viewing, that any communication between Visitor and Website is deemed a submission. All submissions, including portions thereof, graphics contained thereon, or any of the content of the submission, shall become the exclusive property of the Website and may be used, without further permission, for commercial use without additional consideration of any kind. Visitor agrees to only communicate that information to the Website, which it wishes to forever allow the Website to use in any manner as it sees fit. “Submissions” is also a provision of the Privacy Policy.

NOTICE

No additional notice of any kind for any reason is due Visitor and Visitor expressly warrants an understanding that the right to notice is waived as a condition for permission to view or interact with the website.

DISPUTES

As part of the consideration that the Website requires for viewing, using or interacting with this website, Visitor agrees to use binding arbitration for any claim, dispute, or controversy (“CLAIM”) of any kind (whether in contract, tort or otherwise) arising out of or relating to this purchase, this product, including solicitation issues, privacy issues, and terms of use issues. In the event the Visitor is the prevailing party, the Visitor shall bare the cost of its own attorney fees. Website reserves the right to litigate Visitor in a court of law in the Province of Ontario.

In no case shall the viewer, visitor, member, subscriber or customer have the right to go to court or have a jury trial. Viewer, visitor, member, subscriber or customer will not have the right to engage in pre-trial discovery except as provided in the rules; you will not have the right to participate as a representative or member of any class of claimants pertaining to any claim subject to arbitration; the arbitrator’s decision will be final and binding with limited rights of appeal.

The prevailing party shall be reimbursed by the other party for any and all costs associated with the dispute arbitration, including attorney fees, collection fees, investigation fees, travel expenses.

JURISDICTION AND VENUE

If any matter concerning this purchase shall be brought before a court of law, pre- or post-arbitration, Viewer, visitor, member, subscriber or customer agrees to that the sole and proper jurisdiction to be the Province of Ontario as stated in the contact information of the web owner unless otherwise here specified. In the event that litigation is in a federal court, the proper court shall be the federal court of the websites choice.

Billing model and cancellation/refund policy

Refunds can be requested by contacting customer support by clicking on the link in the footer of the website unless otherwise stated in the offer.

APPLICABLE LAW

Viewer, visitor, member, subscriber or customer agrees that the applicable law to be applied shall, in all cases, be that of the state of the Website listing in our contact information.

CONTACT INFORMATION

The operator of this website can be reached at info@outsidethebx.com