MY PHOTO GENIE LTD TERMS & CONDITIONS
When the following words or phrases are used within these Terms & conditions or our website www.myphotogenie.co.uk this is what they will mean:
I. Basic Edit: editing services as outlined on the website.
II. Day to night: Photos will be edited to appear similar to night photos.
III. Virtual Staging: Empty rooms will have CGI furniture superimposed into the photos.
IV. Virtual Board: A cgi board will be placed in the photo.
V. Display Photos: A number of Portrait style photos will be stacked to form a Landscape photo.
VI. Slideshow: A number of photos will be used to create a slideshow for that property.
VII. Object Removal: With your instructions selected objects will be removed from your photos.
VIII. Watermarking: A logo or company name will be superimposed onto the photo.
IX. Floor Plans: Outline Floor Plans drawn from your sketches that are meant as a general overview of the property.
X. Bespoke Boards: One off boards created via One Stop Property Marketing software
XI. Marketing Material: Brochures, leaflets and other property related marketing material.
XII. Order: your order for the Services as outlined on www.myphotogenie.co.uk.;
XIII. Services: any of the above mentioned (i-x)
XIV. Terms: the terms and conditions as outlined within this document.
XV. We/Our/Us/Company: My Photo Genie Ltd (company registration number : 11462820 whose registered office 11 Longmead, Buntingford, Herts SG9 9 EF; and
XVI. Website: Our website www.myphotogenie.co.uk including all databases, software, domain names, infrastructure and products that We market to individual users to consider for the above services.
XVII. You: your Company and/or Your customers on whose behalf our services are utilised.
XVIII. “writing” or “written” within our Terms and conditions, this will include, letters, e-mail’s and other notifications sent to you from our company.
2. CHANGES TO ORDER OR TERMS
a) We reserve the right to change these Terms and conditions, a new and updated version will be available on the Website. The new version of Our Terms and conditions will be effective immediately at the time of your order.
b) Should our terms and conditions change we will clearly inform you before you place any order.
c) If You do not wish to be contracted by the new version of these Terms and conditions, you must cease to use the Website and/or the Services. For the avoidance of doubt, We will not have any liability to you in that event.
1. You and or your client (vendors) retain all intellectual property rights in any original photo you submit to Us and grant Us a licence to use such intellectual property rights to the extent required to perform the Services.
2. Unless you notify in writing you shall give US irrevocable, perpetual, non-terminable, worldwide royalty free licence to use any photo submitted by you to show ‘before and after’ examples, this includes permission to use images for our marketing proposes and use on our website.
3. Should Our business be sold you hereby give the new owner/company the images rights and intellectual property as detail within the Terms & Conditions
IF THERE IS A PROBLEM WITH THE SERVICES
If you are unhappy with any of our work then please…In the unlikely event that you consider that there is any defect with the Services, because they have not been carried out with reasonable skill and care:
1. please contact Us and tell Us what you are unhappy with and what we can do to remedy the issue
2. Give us an additional 24 Hours to carry out the work (as instructed in (1) above)
3. Should you still not be happy with the new modifications then we will offer you a full refund.
4. As a client you have legal rights in if our Services are not carried out with reasonable skill and care. Advice about your legal rights are available from your local Citizens’ Advice Bureau or Trading Standards office. Nothing in these Terms and conditions will affect these legal rights.
PRICE AND PAYMENT
ALL PAYMENTS ARE PRE-PAID- WE DO NOT OFFER CREDIT
YOUR RIGHTS TO CANCEL AND APPLICABLE REFUND
We offer a one Hundred percent satisfaction guarantee and as such will refund the monies you paid for any related modifications/images or floor plans that you are unhappy with, provided we have had a chance to remedy any issues.
13. INFORMATION ABOUT US AND HOW TO CONTACT US
1. Our company is registered in England and Wales. Our company registration number is 11462820 and Our registered office is at 176 Turners Hill, Cheshunt EN8 9BH
2. If you have any questions please contact using the following details Steve@myphotogenie.co.uk tel 01763 272767 or 07768 735820. In Writing: 11 Longmead Buntingford Herts SG9 9EF
14. HOW WE MAY USE YOUR PERSONAL INFORMATION
1. We may use the personal information you provide to Us to:
a. provide the required Services;
b. process your payments
c. Contact you about others products and services. You may stop receiving communications at any time by contacting Us.
2. We will not give your personal data to any other third party, but may share with any sister companies
15. IMPORTANT TERMS
1. We may transfer Our rights and obligations under these Terms to another organisation, and We will always notify you in writing if this happens, but this will not affect your rights or Our obligations under these Terms.
2. This contract is between you and Us. No other person shall have any rights to enforce any of its terms.
3. Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
4. If We fail to insist that you perform any of your obligations under these Terms, or if We do not enforce Our rights against you, or if We delay in doing so, that will not mean that We have waived Our rights against you and will not mean that you do not have to comply with those obligations. If We do waive a default by you, We will only do so in writing, and that will not mean that We will automatically waive any later default by you.
5. These Terms are governed by English law. You and We both agree to submit to the non-exclusive jurisdiction of the English courts. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are a resident of Scotland, you may also bring proceedings in Scotland.
OUR CONTRACT WITH YOU
1. The terms and conditions as set out and outlined within this document form the way on which We supply Services to you. These Terms include the use of our Website and the Services and to all orders submitted by you online using the Website. By using the Website and/or the Services, you indicate that you agree to use the Website and/or the Services only under these Terms and agree to be bound by them. If you do not agree with these Terms, do not access or use the Website and/or the Services.
2. Please ensure that you have read these Terms and also checked the details on your Order before completing any order. By ‘ticking’ the terms and conditions box you are agreeing with the entity of this document.
3. By submitting an Order this does not mean We have accepted your order for Services. We reserve the right to refuse any order and do not have to give any explanation to this decision.
4. SERVICES PROVIDED
5. When you upload a photo to our Website, You will decide whether it is of sufficient quality for Your usage.
6. You will be responsible for selecting the correct modification category, however if you select an incorrect category then we reserve the right to select, charge and process the correct category on your behalf.
7. You hereby give us permission to use our judgement in the processing of your images, for any and all of our services. For the avoidance of doubt this will include….editing enhancements, positioning of watermarks, choice of virtual furniture used, sky replacements, virtual board angles and positions.
8. We reserve the right to refuse any images that are unreasonably complex, a full refund will be credited to your account.
OUR LIABILITY TO YOU
1. The use of any images that we supply to you will be entirely for your discretion and judgment. We are not responsible for any loss or damage that arises from any Services that are undertaken by us.
2. You hereby indemnify us against any claims that may arise from any images of floor plans. We have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
3. You are responsible for the storage and back up of any images.
4. Images remain on our system for 30 days only.
YOUR LIABILITY TO US
1. By submitting any photo to Us, you confirm that you have the permission and rights to use any photos that you supply to us for modifications.
2. You must be satisfied and also check that any images or floor plans are a true reflection or the property and ONLY use these images are your own discretion. You shall indemnify Us against all losses, costs, charges, damages and expenses incurred by Us as a result of any claim made against Us by any third party, including but not limited to any regulatory body such as the Office of Fair Trading or the Chartered Trading Standards Institute, for breach of such obligations.
EVENTS OUTSIDE OUR CONTROL
1. We will not be liable or responsible any event that would be responsibly considered outside of our control, that leads directly or indirectly to any none performance on our part.