TERMS OF SERVICE

Last Updated: January 20, 2024
These Terms of Service (“Terms”) outline the agreement between Salisbury Media Group (“we,” “us,” or “our”) and the clients utilizing our real estate photography and video services in Toronto, Canada. By engaging with our services, you agree to comply with and be bound by these Terms.

1. Service Description

Salisbury Media Group specializes in providing real estate photography and video services in Toronto, including but not limited to property photography, videography, and related services.

2. Booking and Payment

2.1 BOOKING: To request our services, clients may contact us through our website, phone, or email. Booking is subject to availability.
2.2 PAYMENT: Clients will be provided with payment details, including fees and any applicable taxes, upon booking. Full payment is typically due before or on the day of the scheduled service.

3. Cancellation and Rescheduling

3.1 CANCELLATION BY CLIENT:
3.1.1 CANCELLATION WINDOW: Clients may cancel a scheduled service without incurring a cancellation fee if the cancellation is made at least 48 hours before the scheduled service.
3.1.2 CANCELLATION FEE: Cancellations made within 48 hours of the scheduled service may be subject to a cancellation fee of 50% of Total Service Cost.
3.2 CANCELLATION BY SALISBURY MEDIA GROUP:
3.2.1 UNFORESEEN CIRCUMSTANCES: Salisbury Media Group reserves the right to cancel or reschedule a service in the event of unforeseen circumstances, including but not limited to equipment failure, severe weather conditions, or any other situation that may compromise the quality or safety of the service.
3.2.2 NOTIFICATION: In the event of a cancellation or rescheduling by Salisbury Media Group, we will make reasonable efforts to notify the client as soon as possible and provide alternative dates for the service.
3.3 RESCHEDULING: Clients may request to reschedule services in advance, and Salisbury Media Group will make reasonable efforts to accommodate the new preferred date and time.
3.3.1 RESCHEDULING WINDOW: Clients may reschedule a service without incurring a rescheduling fee if the request is made at least 48 hours before the scheduled service.
3.3.2 RESCHEDULING FEE: Rescheduling made within 48 hours of the scheduled service may be subject to a rescheduled fee of $200.
3.4 CLIENT RESPONSIBILITIES:
3.4.1 COMMUNICATION: If clients need to cancel or reschedule a service, it is their responsibility to communicate the request to Salisbury Media Group as soon as possible.
3.4.2 FAILURE TO COMMUNICATE: Failure to communicate a cancellation or rescheduling request within the specified time frame may result in the client being charged the full-service fee.
3.5 REFUND POLICY:
3.5.1 CANCELLATION FEE: Any applicable cancellation fee will be deducted from the total refund amount, if applicable.
3.5.2 REFUND PROCESSING TIME: Refunds, if applicable, will be processed within 5 business days from the date of the cancellation.

4. Client Responsibilities

4.1 PROPERTY ACCESS: Clients are responsible for ensuring access to the property at the scheduled time. Any delays or difficulties in accessing the property should be communicated to us promptly.
4.2 PROPERTY READINESS: The property should be adequately prepared for photography or video sessions. This includes cleanliness and organization to achieve optimal results.

5. Delivery of Services

5.1 TIMELINE: Salisbury Media Group will provide an estimated timeline for the delivery of final photographs or videos. Delays due to unforeseen circumstances may occur, but we will make reasonable efforts to communicate any delays promptly.
5.2 CLIENT APPROVAL: Clients will have the opportunity to review and approve the final deliverables. Requests for revisions or adjustments should be communicated within a reasonable timeframe.
5.3 FILES: Upon completion of the photoshoot and/or video recording, Salisbury Media Group will provide the client with the final edited photos and videos of the real estate property. The client acknowledges that Salisbury Media Group will not provide all raw files or unedited footage from the photoshoot or video recording. Salisbury Media Group reserves the right to retain copies of the final edited photos and videos for promotional and portfolio purposes unless otherwise specified by the client in writing. This section clarifies that while Salisbury Media Group will deliver the final edited photos and videos, raw files or unedited footage will not be provided as part of the service. If the client requires specific editing or deliverables, they should communicate this to Salisbury Media Group beforehand.

6. Duration of Unbranded MLS Landing Pages

6.1 Salisbury Media Group may create unbranded MLS landing pages for real estate properties as part of the services provided.
6.2 The client acknowledges and agrees that unbranded MLS landing pages created by Salisbury Media Group will remain accessible for a period of six (6) months from the date of creation.
6.3 It is the responsibility of the client to ensure that they have saved or downloaded any necessary information or content from the unbranded MLS landing pages within the designated period.
6.4 Salisbury Media Group will not be responsible for any loss of data or content resulting from the expiration of unbranded MLS landing pages.
6.5 If the client wishes to extend the availability of the unbranded MLS landing page beyond the six-month period, they must notify Salisbury Media Group in writing at least fourteen (14) days prior to the expiration date. Additional fees may apply for extending the hosting period of the unbranded MLS landing page.
6.6 Salisbury Media Group reserves the right to modify or update the duration policy for unbranded MLS landing pages at any time without prior notice.
This addition clarifies the timeframe for the availability of unbranded MLS landing pages created by Salisbury Media Group and outlines the client’s responsibilities regarding content retention and extension requests.

7. Intellectual Property

7.1 OWNERSHIP: Salisbury Media Group retains ownership of all photographs and videos produced during our real estate photography and video services. The photographs and videos are protected by copyright laws in Canada.
7.2 USAGE RIGHTS: Clients are granted a non-exclusive license to use the images or videos for marketing purposes related to the sale or promotion of the property. Any use beyond this scope, including but not limited to commercial use, distribution, or reproduction, requires the written consent of Salisbury Media Group.
7.3 COPYRIGHT LAWS IN CANADA: Salisbury Media Group adheres to the copyright laws in Canada, including the Copyright Act (R.S.C., 1985, c. C-42). According to these laws, the creator of a work, such as a photograph or video, is the initial owner of the copyright unless an agreement specifies otherwise. As the creator, Salisbury Media Group retains the copyright for the photographs and videos produced during our services.
7.4 LIMITATIONS ON CLIENT USAGE: Clients may not sell or transfer usage rights to third parties without the written consent of Salisbury Media Group. Additionally, clients may not alter or manipulate the photographs or videos in a way that misrepresents the property or damages the reputation of Salisbury Media Group.

8. Limitation of Liability

Salisbury Media Group is not liable for any indirect, incidental, special, or consequential damages arising out of or in connection with our services.

9. Governing Law

These Terms are governed by the laws of the province of Ontario, Canada, and any disputes will be resolved in accordance with the laws of Ontario.

10. Changes to Terms

We reserve the right to update these Terms at any time. The date of the latest revision will be indicated at the top of the Terms.

11. Contact Us

If you have any questions or concerns about these Terms of Service, please contact us at info@salisburymedia.ca.