Terms & Conditons

Terms and Conditions

These terms and conditions form a legal agreement between Visual Marketing & Design (“VMD”) and the user of its services (“You,” “Your” or the “Client”). These terms and conditions of business shall apply to all works that You request to be undertaken by VMD. By placing an order for services, You signify that You have read, understood and agree to be bound by these Terms and Conditions.

  1. A. PAYMENT
  1. 1. Payment must be received within 24 hours after the date of appointment. Cancelation (No-show) fees may apply if the Client fails to give 24 hour notice of canceling any appointment.
  2. 2. Payments may only be made by credit/debit card. Checks are only accepted when it is agreed upon between the Client and VMD. Please contact VMD for details.
  3. 3. A credit/debit card is required to be kept on file when booking an appointment. The credit/debit card will not be charged unless a service has been rendered.
  4. 4. VMD will bill Your credit card and provide an invoice for all services that have been rendered, unless other arrangements are agreed to in writing.
  5. 5. Your credit card may be charged again after You place an order for additional fees due to upgrades in packages and/or if additional services have been rendered. Examples of additional fees include travel fees, not ready fees, multiple correction fees, and no show fees. Please contact VMD for details.  The Client will be notified of additional fees 24 hours before being processed.
  6. 6. All orders that are a next business day turnaround time are finalized after VMD has provided a service at a specific location and/or VMD has received any material pertaining to that order. Additional orders that require more than a next business day turn around time will be finalized 24 hours after the services are provided or materials are received. Cancelations of services may have a fee if these requirements are not met. Please contact VMD for details
  7. 7. Vanity Websites will be hosted for the life of the listing or 12 months, whichever comes first. After one year, You will have the option to renew Your website for an additional fee. VMD must be notified 30 days prior to the 12 month deadline if the Client would like to extend the website domain.
  8. 8. If You accept an assignment from another listing agent and want us to transfer any services that we have rendered to that agent, a fee will apply. This includes floor plans. Floor plans are re-sold to the agent for the original price that it was purchased.
  9. 9. Marketing material prices are subject to change without notice.
  10. 10. Credits posted to Your account can be used to pay for future purchases and must be used within 6 months. The credits will expire after 6 months.
  11. 11. In the event legal action is necessary to collect on balances due, You agree to reimburse VMD for all expenses incurred to recover sums due, including attorney’s fees and other legal expenses.
  1. B. PHOTOGRAPHY
  1. 12. Additional fees may be incurred for Your photography shoot. These include: travel outside of our normal service area, parking fee, no-show fee, etc. Contact VMD for details.
  2. 13. Exterior photo shoots are booked as individual appointments and will be billed accordingly.
  3. 14. Multiple visits to a location are billed as separate shoots and are subject to fees and regular pricing.
  4. 15. In the event the photographs do not meet our standards of quality and professionalism, we will re-shoot the property at no charge to You. If however, You request additional photographs or services including, but not limited to, seasonal changes, night shoots, additional images, etc. then additional fees will apply.

Clients of VMD are responsible for the following when the home is photographed:

  1. 16. Making sure the property is made available with access for the photographer to all areas of the property that will be shot.
  2. 17. Making sure the property is photo-shoot ready and clean.
  3. 18. In the event the property is not ready for photography, You may choose to cancel the photography appointment. 24 hour notice to VMD is required or a re-shoot and/or not ready fee may apply.
  4. 19. If our photographer arrives at the property and it is untidy, the photographer WILL NOT declare the property not photo-shoot ready, but will shoot the property as planned.
  5. 20. If the Client is not pleased with the photos because the property was not photo-shoot ready and would like to have the property re-shot, re-shoot and travel fees will apply.
  6. 21. The Client is responsible for reviewing the photographs on-site to insure that the angles and/or photographs are taken to the Client’s satisfaction.
  7. 22. The Client is responsible for communicating with the photographer on which areas they would like to have shot. Photo packages are set for a particular amount of photos and it is the Client’s responsibility to select which photos they would like to have edited (photoshopped) at the appointment. If the Client fails to review the photos with our photographer (or is not present at the appointment), the Client hereby surrenders any right to choose which photos will be edited. Once the rights have been surrendered, it is VMD’s discretion on which angles/photos/areas will be shot and edited. If the Client is not satisfied with VMD’s selection, the property can be re-shot and a fee will apply for the additional visit and travel time.
  8. 23. High-resolution photographs are provided to You for Your marketing efforts. These files will be available to download for up to 6 months after the photo shoot. After this time, the files are archived and a fee will be charged if You require the original files. Not all files can be retrieved/unarchived.
  9. 24. All photographs are edited by VMD. Additional fees may apply for extensive editing to pictures. VMD will provide an estimate to the Client for jobs that are considered to be extensive. Blue skies and green grass are considered to be complimentary and will not be charged. Snow removal is excluded and an estimate will be provided to the Client. All extensive photoshop jobs must be approved by the Client before VMD takes action. The Client will be invoiced and payment is due within 24 hours.

[INCLUDE TIMING ON PHOTO PACKAGES]

  1. C. STORAGE AND CORRECTIONS
  1. 25. VMD will keep photos available to our Clients for 6 months. VMD encourages all of our Clients to download the photos onto their own personal archives. After 6 months, VMD will archive the files but cannot guarantee the retrieval of all archived photos. A fee will apply for the retrieval of photos past 6 months.
  2. 26. VMD will keep brochures/floor plans/and other marketing materials active for 6 months. We encourage our Clients to store these files on their own archive. After 6 months, VMD will archive the files but cannot guarantee the retrieval of all archived materials past 6 months. A fee will apply for the retrieval of any material that VMD has provided the Client after 6 months.
  3. 27. Correction requests (1st submission) to brochures, floor plans, websites, photos, and any additional materials must be made within 14 days of the Client’s receipt. Any corrections or changes after that period will be assessed a fee. Fee exemptions may be approved at VMD’s discretion.  VMD must be notified of the circumstances within the14-day period.
  4. 28. Corrections are limited to 3 rounds of submissions. A correction fee will be applied after the 3rd round. VMD will notify the Client that a correction fee will apply once a 4th round of changes has been submitted. VMD may waive this fee due to the following: (incorrect addresses, correction incompletion, incorrect contact info, and misspellings and grammatical errors).
  5. 29. Corrections must be made in a form that is deemed “reasonable” by VMD. Floor plans corrections must have notations on the floor plans that VMD has submitted to the Client. The corrections must be clear and direct. Brochure and/or marketing material corrections must be made within the body of the text of the Word document that VMD has submitted to the Client. If the Word document cannot be open by the Client, VMD will send the text in the body of an email. All corrections to brochures or websites must be made clear and direct. Photo changes or swapping out photos must be conveyed to VMD by the name of the picture. Changes to templates is strictly prohibited and will only be allowed if VMD deems it to be reasonable. Fees and/or delays in corrections may occur if these guidelines are not met. Please contact VMD for questions and details.
  1. D. PRODUCT FULFILLMENT
  1. 30. Once a VMD product has been fulfilled, it cannot be refunded. If You are unhappy with the results, we will work with You to try and meet Your expectations by making product revisions or reshooting the property.
  2. 31. Before any of our products/services can go “live” or be printed it is the Client’s FULL responsibility to approve the product. We ask all of our Clients to review all of material before use. VMD will not send any marketing materials to the printer unless it has been fully approved by the Client. VMD is not responsible for approved material reprints, fees may apply for reprinting or additional editing. Please contact VMD for details
  3. 32. Quoted turnaround time is an estimate and the Client will be notified if there is a delay in product or service fulfillment. Payment stipulations still apply when services are delayed and credits are issued at VMD’s discretion.
  4. 33. Below You will find our standard turn-around times and provisions for all products and services:
  • • Brochures – Estimated production time is 2 business days. A notification will be sent to the Client via email that their brochure is ready for review. Edits to brochures will be made within 24 hours upon submission. All revisions made to brochures must be made within the word text document that VMD has provided the Client. If the Client is having an issue with the word text document, then VMD will provide the text via email for the Client to make their edits. Photo changes to brochures must be identified by the name of the photo that VMD has provided. Templates may not be altered by the Client. Fees may apply for multiple rounds of changes and it is the responsibility of the Client to properly convey their changes to VMD under these guidelines. Please contact VMD for details.
  • • Photography – Estimated production time is the next business day. Photos will have met the standard editing requirements of VMD (see PHOTOGRAPHY for photo editing) and a notification will be sent via email to the Client that the photos are ready to be reviewed. Extensive photoshopping quotes will have an estimated time of completion when submitted to the Client.
  • • Virtual Staging – Estimated production time on the virtual staging product is 2-4 business days per revision including the initial rendering.  Included in the cost of Virtual Staging is up to two furniture revisions per photo.  Additional revisions may be included at VMD’s sole discretion.
  • • Interior/Exterior Renderings – Estimated production on the renderings is about 10 business days. Two revisions are included in the package. Additional revisions will incur a fee at $85/hr
  • • Floor Plans- Estimated production time is next business day. Floor plan revisions will be made within 24 hours upon submission.
  • • Vanity Websites – Estimated production time is next business day after materials are received and/or approved by the Client. Materials needed to complete vanity websites are photos, floor plans, approved brochures, agent contact information, and agent-provided links. If no links are provided to VMD, then it will be at VMD’s discretion on which links will be used in the Vanity Website.
  • • 3D Floor Plans – Estimated production time is 2 business days. Revisions to plans are made next business day.
  1. E. INTERNET DISPLAYS
  1. 34. All images displayed on the internet are the property of VMD. VMD Clients have unlimited rights to use these pictures as they see fit.
  2. 35. Properties that are photographed will be uploaded to our vanity websites and available for public viewing. Your name and contact information is attached to these listings and will be displayed online and can be found by search engines.
  3. 36. VMD is not responsible in the event other 3rd party websites cannot provide the necessary data feeds, links or uploads. For example: missing MLS feeds or Realtor.com uploads.
  4. 37. In order to keep VMD in “top-notch” condition, high levels of expectation exist for the quality of information posted on VMD. We reserve the right to modify, edit, or decline activity of any photographs of the property should they not meet our standards of quality. We encourage You to update Your listings with the correct listing price and to request deactivation of any website once the listing has been sold or deactivated.
  5. 38. It is the responsibility of the Client to provide VMD with accurate information when constructing any material or service for internet display. VMD is not responsible for any false/misleading and/or derogatory information. All materials that VMD has displayed on the web must first be approved by the Client. The Client agrees, when booking a services, that they are responsible for any materials that VMD displays on the internet. VMD is working on the behalf of the Client and it is the Client’s responsibility to approve anything that is displayed when using the VMD’s services or products.
  1. F. FLOOR PLANS
  1. 39. Floor plans are for illustration purposes only and have been drawn to show an artistic representation to potential buyers to help them see what a property looks like. Floor plans are in no way being drawn to infringe upon the rights of the original architect. Since it is impossible to tell what copyrights might exist on a property it is the responsibility of the agent to ensure that the proper copyright credit is given to the architect if the agent deems that this is necessary. Customer hereby absolves VMD and accepts responsibility for any copyright infringement enforcement if such enforcement occurs.
  2. 40. As an illustration, the floor plans are not guaranteed to be accurate as to dimension or actual layouts. VMD accepts no liability as to the accuracy of these floor plans. If for any reason, litigation arises that causes purchaser of these floor plans to bring litigation against Pocono Marketing, LLC (DBA Visual Marketing & Design) it is hereby agreed that the maximum damages that could be awarded to those utilizing the floor plans in any way would be a total amount not greater than the amount paid to Pocono Marketing, LLC. VMD does not verify the accuracy of these floor plans. Accuracy is to be verified by the Agent.
  3. 41. Floor plans are property of VMD and may be re-sold at our discretion.
  1. G. COPYRIGHT
  1. 42. The Client may not upload copyrighted material to VMD servers. The Client assumes all responsibility for verifying that the Client has the copyright or permission to use any digital upload whether text, audio, video, or image on VMD servers. If the Client does not hold the copyright to a particular digital file they wish to upload, they must provide written proof to VMD that they have permission from the copyright holder to upload the digital file. VMD provides non-copyrighted audio files that can be used for background audio on VMD listings. VMD holds the copyright to any video, brochures, website design, or imagery provided by VMD photographers, graphic design artists, or videographers. Customer hereby absolves VMD and accepts responsibility for any copyright infringement enforcement if such enforcement occurs.
  1. H. LIMITATIONS OF LIABILITY
  1. 43. As a representation of the property, VMD does not determine or verify the accuracy of floor plans, furnishing colors, furniture placement or the accuracy of any other item with regard to the dimension, scale, actual layout, color correctness of the images used to represent the property. VMD accepts no liability for the accuracy of any of these items. If for any reason litigation arises that causes the purchaser of any VMD product or service to bring litigation against Pocono Marketing, LLC (DBA Visual Marketing & Design) or any of its subsidiaries, affiliates, subcontractors or employees, it is hereby agreed that the maximum damages that could be awarded to those utilizing VMD’s visualization services and/or platform would be a total amount not greater than the amount paid to Pocono Marketing, LLC (DBA Visual Marketing & Design) or its subsidiaries, affiliates, subcontractors or employees any of whom may be acting on VMD’s behalf. Accuracy is to be verified by the Agent.
  2. 44. Neither VMD, or its independently contracted service distributors are liable for any negligence, damages, or any wrongdoing on the part of the independent service representative.
  3. 45. Neither VMD, or its independently contracted distributors, are responsible for damages, delays or failures in performance resulting from acts or occurrences beyond our reasonable control such as acts of God, weather, or other uncontrollable conditions that prohibit services from being rendered as promised. (Hurricanes, Tornadoes, Earthquakes, Acts of Terrorism, etc.)
  4. 46. The terms and conditions are the sole understanding between VMD and the Client.
  5. 47. These terms and conditions may be revised from time to time. Please check this document frequently for changes.

Copyright 2015 Pocono Marketing LLC (DBA Visual Marketing & Design)