Seeeze Marbella S.L. – TERMS AND CONDITIONS
We will do our utmost effort to make you a happy customer, feel free to reach out to us if you have a question regarding the te and conditions at any stage.
Effective Date: 24 March 2021
These Terms and Conditions (“Terms”) are applicable to all “paid of service” brokers/agents, customers, and clients (collectively, “Client”) of Seeeze Marbella S.L. (“Seeeze”).
Photo Shoot Site Policy:
Once on-site, if the Seeeze cannot adequately shoot the property due to reasons beyond their control (such as, but not limited to: unable to gain access to the property, excessive clutter and mess, unrestrained animals, Client not present on site, construction, etc.) the Client will be charged the full fee of the shoot. Seeeze is not responsible for any onsite staging, decluttering, cleaning, or landscaping. The house/property must be ready to be photographed when Seeeze arrives on site.
The property will be photographed AS IS. Please review the Property Preparation Checklist on www.seeeze.com
Photography Processing, Delivery, and Archive:
Seeeze typically has a goal of delivery time of 2 business days after the shoot. Seeeze will do its utmost effort to make this timeline. Seeeze will not be liabel for any costs made caused by a late delivery. All final images will be provided in a direct download and/or Dropbox link. All images will be archived and available to the Client for up to 90 days after the first release. After the 90 days, Seeeze cannot make any guarantees of photo retrieval.
Seeeze does not charge a travel fee. Seeeze will have the right to decline a order of it is outside the geographical range of Seeeze. But we are happy to make an custom order for you.
All price quotes given verbally or written are Estimations, based on the provided data from the client or data researched by Seeeze, and do not necessarily reflect the final costs of service. Additional fees may apply based on observation of the property once Seeeze is on-location. If there are any additional livable or non-livable structures, that require interior and/or exterior photographs; fees will apply. (Examples: guest quarters, historic cabins, vacation rentals: barns, sheds, gazebos, workshops, detached garages, etc.)
Full payment is required after 7 days of the delivery of the final images. An invoice will be emailed to the Client once the date and time of scheduling is finalized. The Client may choose to pay the full amount at any time before the delivery of images. In the unlikely event that the Client fails to pay for the images; Seeeze will remind the Client via email or phone and retain the images up to 30 days. Payment options: local check, PayPal (Credit Card with a 3% fee), or other costs of third party payment processors may apply.
It is our goal to ensure that every Client is completely happy with their final delivered photography. Seeeze will make every effort to ensure that the house/property is portrayed in a realistic manner. Furthermore, Seeeze promises that all images are edited to the best of our ability. If the final images do not meet the realistic expectations of the Client, Seeeze will work will the Client to make corrections to the images. Re-Editing will be done by Seeeze at no additional charge. If the images cannot be corrected by reediting; the client must provide a written description of dissatisfaction for each image. Seeeze will return to the house/property, with no additional charge to the Client. Photography style is different for everyone. Please be sure that the Seeeze “style” of photography matches your expectations. There will be no refunds issued or rescheduling of the original shoot due to unrealistic or unmet expectations out of the scope of what Seeeze advertises on the website.
Cancellation and Reschedule Policy:
By booking Seeeze and scheduling a time and date, the Client affirms that the house/property is “ready” to be photographed. If the photo shoot is canceled for any reason, 12 hours before the scheduled date, the Client will be charged 50,- to reschedule. Every effort will be made, by Seeeze, to reschedule and re-shoot within 72 hrs. of the original shoot. A cancellation by the Client within 24 hrs. of the scheduled service will result in a 50,- cancellation fee. Any cancellation within 2 hrs. of the scheduled service will be subject to a 100%, of service fee, cancellation charge. Any cancellation due to unforeseen circumstances, extreme weather, or (acts of the Universe) may be rescheduled at no additional change. If the Client is unable to re-schedule within 30 days of the original being cancellation, the Client forfeits their payment for services. In the unlikely event that Seeeze is unable to re-schedule, within 7 days of the original shoot, a credit for the full amount will be issued to the Client to be used for any future shoot.
Late arrival of Client:
We work with tight scedules so please make sure the property is ready to be photographed and you are on time to let Seeeze in. A 15,- per 15 minutes will apply if the client is not on-time at the photo shoot.
Intellectual Property Rights Ownership
Seeeze retains all intellectual property rights, including but not limited to copyright, in all images, video, photographs, and any other works created by Seeeze (collectively, “Works”).
Real Estate and Vacation Rental Licensing and Usage
Seeeze grants Client a limited, non-exclusive, royalty-free, revocable license (the “License”) to use and display Works produced for and released to Client by Seeeze (the “Licensed Works”) solely for the following purposes:
Promotion of the home/property to which the Licensed Works relate (the “Property”) only for the duration the Property is first listed for sale or rent by Client.
Client’s personal marketing and branding on a maximum of two portfolios or websites (“Client Sites”) so long as the Work (each image) includes, a live link to www.Seeeze.com and the following photo credit to Seeeze: “Photograph by Seeeze.com © 2021 all rights reserved.”
Client’s right to use the Licensed Works to promote or sell Real Estate Property shall automatically terminate on the date of the first rental or sale of the Property, as applicable, unless a different term is agreed to between the parties in writing. Client’s right to use the Licensed Works to promote a Vacation Rental Property shall automatically terminate on the date the Property changes management or is removed from the rental market, as applicable, unless a different term is agreed to between the parties in writing. Licensed Works are restricted to the client therefore Works cannot be re-sold or gifted to interested third parties. Client shall have a continuing right to use the Licensed Works for the personal marketing purposes specified above until and unless Seeeze terminates this License by written notice to Client.
Client agrees not to make any alterations or edits of any kind to any Licensed Work, aside from cropping and resizing. Any such prohibited alterations are a violation of the License and an infringement of Seeeze copyright.
The License is not transferable or assignable by Client to any other entity without written permission from Seeeze. Client agrees not to sell or transfer any Works to any third party at any time; provided, however, Client may transfer the Works to online real estate platforms (e.g., Idealista etc. ) solely for purposes of using the Works in the listing of the Property. All Licensed Works relating to expired, withdrawn, or canceled real estate listings are non-transferable to another broker/agent or any other entity.
Other than as permitted above, Client shall not display or use, or transfer to a third party for the purpose of displaying or using, any Licensed Works in any publication in any medium (e.g., real estate website or magazine) if such publication is not owned by Client. If Client is contacted regarding the use of display of any Licensed Works in such a publication, Client agrees to promptly contact Seeeze with sufficient time for seeeze to negotiate a license for such display or use at Seeeze option.
If Client or any third party desires to use or display the Licensed Works for purposes not permitted in the, ABOVE, Real Estate/Vacation Rental License, please see, BELOW, Commercial Licensing and/or contact Seeeze directly to negotiate a license for such use.
Right of Refusal and Termination
Seeeze reserves the right to refuse service and deny booking with anyone at any time, without exception or explanation. Seeeze may terminate the relationship with Client without cause at any time by giving written notice to Client, provided Seeeze has met their obligation to deliver final images, as promised. Seeeze may terminate the License without cause at any time by giving written notice to Client, provided Client has completed the first sale or rental of the Property for which the Licensed Works may be used and Client is not in breach of the License. Seeeze may terminate the License immediately upon written notice if Client is in breach of the License.
The customers understands that Seeeze is just a third party bringing the client and the Photographer together. Seeeze is not liabel for the actions of the photogapher.
Seeeze will not be liable or responsible for missed income, missed savings, delayed work or other costs caused by companies or clients delays.
Seeeze will not be liabel for a wrong impression made by its work. All measures, floormapping and others are estimations and not exact. The mappings and work from seeeze are not meant to be used as exact sales or rent material for any property type. Seeeze will not be liabel for any mistake in its drawings, mappings or any other real estate presentation; For example Seeeze will not be liabel in case the square meters are not measured correctly, windows are not in the correct spot. etc.
(a) Relationships: Nothing contained in this Agreement shall be deemed to render either party a partner or joint venturer of the other party for any purpose.
(b) Severability: If a court finds any provision of this Agreement invalid or unenforceable, the remainder of this Agreement shall be interpreted so as to best to affect the intent of the parties.
(c) Integration: This Agreement expresses the complete understanding of the parties with respect to the subject matter and supersedes all prior proposals, agreements, representations, and understandings. This Agreement may not be amended except in writing signed by both parties.
(d) Waiver: The failure to exercise any right provided in this Agreement shall not be a waiver of prior or subsequent rights.
(e) Attorney Fees and Expenses: In a dispute arising out of, or related to, this Agreement, the prevailing party shall have the right to collect from the other party its reasonable attorney fees and costs and necessary expenditures.
(f) Governing Law: This Agreement shall be governed in accordance with the laws of Malaga, Spain.
(g) Jurisdiction: The parties consent to the exclusive jurisdiction and venue of the Laws in Malaga, Spain. In any action arising out of or relating to this Agreement. The parties waive any other venue to which either party might be entitled by domicile or otherwise.
Agree to Terms and Conditions
The Client agrees to these Terms by hiring Seeeze for their services. Client acknowledges that such an agreement and these Terms constitute a binding contract between Client and Seeeze. Furthermore, Client agrees that Client has read and fully comprehends the Terms before scheduling services with Seeeze.
Seeeze retains the right to change the above Terms and Conditions at any time and will update the Effective Date upon making any such changes.