Terms and Conditions

The following Terms and Conditions of Service apply to all photographic and property marketing services provided by Nesta Property Marketing Limited. All work is carried out by Nesta Property Marketing Limited on the understanding that the client has agreed to the following Terms and Conditions of Service. Nesta Property Marketing Limited (“we”). We are registered in England (Company number 10794943) and our registered office is: Bridge Farm, Palmer Avenue, Arncott, Oxon, OX25 1QS. Any queries or enquiries should be sent to this address. Alternatively, you can email selina@nestaproperty.co.uk  Our VAT number is: 271762688. By placing an order, you are deemed to have accepted these terms and conditions. Please read and familiarise yourself with them.

1. Definitions

For the purpose of this agreement, “the photographer” is Nesta Property Marketing Limited, “the Agency” or “the client” shall, where the context so admits, include their respective assignees, sub-licensees and successors in title. In cases where the photographer’s client is a direct client (i.e.: with no agency or intermediary), all references in this agreement to both “the Agency” and “the client” shall be interpreted as reference to the photographer’s client. “Photographs” means all photographic material furnished by the photographer, whether transparencies, negatives, prints, or any other type of physical or electronic format.

2. Copyright

The entire copyright of the photographs is retained by Nesta Property Marketing Limited at all times throughout the world.

3. Ownership of Materials

Photographs remain the property of Nesta Property Marketing Limited. When the Licence to Use the material has expired, in this case the property has been sold/let, or an Agency/Vendor contract expires, the physical photographs must be returned to the photographer in good condition within 30 days. There must be no further use of any image previously supplied in a digital or electronic format.

4. Use

The Licence to Use comes into effect from the date of payment of the relevant invoice(s). No use may be made of the Photographs, Floor Plans or Energy Performance Certificate (EPC) before payment in full of the relevant invoice(s) without the express permission of Nesta Property Marketing Limited. Any permission which may be given for prior use will automatically be revoked if full payment is not made by the due date of the invoice, or if the Agency is put into receivership or liquidation. The period of usage begins from the first day of payment, or prior agreed usage, until the sale/ let of the property. The Licence only applies to the Agency or Client and product as stated on the invoice and its benefit shall not be assigned to any third party without the express permission of Nesta Property Marketing Limited. Accordingly, even where any form of ‘all media’ Licence is granted, the permission of Nesta Property Marketing Limited must be obtained before any use of the Photographs for other purposes, e.g.: use in relation to another product or sub-licencing through a photo library. Permission to use the Photographs for purposes outside the terms of the Licence will normally be granted upon payment of a further fee to Nesta Property Marketing Limited, which must be mutually agreed (and paid in full) before such further use. Unless otherwise agreed in writing, all further Licences in respect of the Photographs will be subject to these terms and conditions.

 

5. Exclusivity

The Agency or Client will be authorised to publish the Photographs to the exclusion of all other persons including the Photographer. However, the Photographer retains the right in all cases to use the Photographs in any manner at any time and in any part of the world for the purposes of advertising or otherwise promoting his/her work. After the exclusivity period indicated in the Licence to Use, the Photographer shall be entitled to use the Photographs for any purposes. The exclusive usage of the Photographs are granted for the marketing of a property by a single instructed estate agent/ letting agent or individual. Once the estate agency/client contract has ended, or should the Client instruct a new or additional estate agent for property sale or letting, then a further fee shall be payable to Nesta Property Marketing Limited, by either the estate agent/letting agent, or client. Further usage of the photographs to a third party (estate agent) is not authorised without prior permission of the Photographer.

6. Client Confidentiality

The Photographer will keep confidential and will not disclose to any third parties or make use of material or information communicated to him/her in confidence for the purposes of photography, save as may be reasonably necessary to enable the Photographer to carry out his/ her obligation in relation to the commission.

7. Indemnity

The Photographer agrees to indemnify the Agency or Client against all expenses, damages, claims and legal costs arising out of any failure by the Photographer to obtain any clearances for which he/she was responsible in respect of third party copyright works, trademarks, designs or other intellectual property. The Photographer shall only be responsible for obtaining such clearances if this has been expressly agreed before the shoot. In all other cases the Agency shall be responsible for obtaining such clearances and will indemnify the Photographer against all expenses, damages, claims and legal costs arising out of any failure to obtain such clearances.

8. Payment

Payment by the Agency or Client will be expected for the commissioned work within 7 days net of the relevant invoice. If the invoice is not paid, in full within 7 days, the Photographer reserves the right to charge interest at the rate prescribed by the Late Payment of Commercial Debt (Interest) Act 1998 from the date payment was due until the date payment is made.

9. Expenses

​Where extra expenses or time are incurred by the Photographer as a result of alterations to the original brief by the Agency or the Client, or otherwise at their request, the Agency or Client shall give approval to and be liable to pay such extra expenses or fees at the Photographer’s normal rate to the Photographer in addition to the expenses having been agreed or estimated in the original quote.

10. Rejection

Unless a rejection fee has been agreed in advance, there is no right to reject on the basis of style, composition and colour rendering.

 

11. Presentation

The Agency/Client is responsible for presenting the property to an acceptable standard ahead of the Photographer’s arrival. The Photographer is not responsible for dressing the property or moving heavy objects that are a health and safety risk.

 

12. Floor plan accuracy

Floor plans are drawn with care and skill in accordance with the RICS codes of Measuring Practice. Floor plans are for layout purposes only and are not scale drawings. Measurements are approximate and should not be relied upon for valuation purposes. It is the Agent/Client’s responsibility to ensure the floor plan is an accurate representation of the property. Nesta Property Marketing Limited accepts no responsibility for any error, omission or mis-statement of a floor plan.

 

13. Energy Performance Certificates (EPCs)

All EPCs are conducted by Certified Domestic Energy Assessors (DEA). Prior to the assessment, the Agency/Client is responsible for producing evidence, as requested by the assessor. Otherwise default RdSAP methodology will be used to produce the EPC using standard data collection methods, as per the DEA’s accreditation scheme. If you are dissatisfied with the certificate result, then Nesta Property Marketing Limited must be informed first. If you are still not satisfied with the outcome of feel the issue remains unresolved, the Agency/Client will be supplied with details of the relevant accreditation scheme and their complaints process.

 

14. Cancellation and Postponement

A booking is considered firm from the date of confirmation and accordingly the Photographer will, at his/her discretion, charge a fee for cancellation or postponement if cancellation or postponement was made 24 hours or less before the agreed appointment date and time. Adverse weather conditions alone are the only acceptable reason for cancellation or postponement without the Agency or Client incurring a fee. The Photographer reserves the right to charge a fee of £40 plus VAT if the cancellation was made within 24 hours of the booking date. The Photographer reserves the right to charge a minimum of £100 + VAT, up to the full cost of the pre-arranged booking, for cancellations made once the journey has started to the address.

15. Electronic Storage

Save for the purposes of reproduction for the licenced use(s), the Photographs may not be stored in any electronic medium without the written permission of the Photographer. Manipulation of the image or use of only a portion of the image may only take place with the permission of the photographer.

16. Applicable Law

This agreement shall be governed by the laws of England and Wales.

17. Variation

These Terms and Conditions shall not be varied except by agreement in writing. For more information on copyright and the use of professional photography, please visit the Association of Photographers at https://www.the-aop.org/information/copyright-4-clients

 

Nesta Property Marketing Ltd | Bicester | Oxfordshire | UK

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