ACCEPTING THESE TERMS
This document, our rules, policies and the other documents referenced make up our Terms and Conditions (“Terms”). The Terms are a legally binding contract between you and Montram Home Tours. This contract sets out your rights and responsibilities when you use http://www.Montram.com and also the services provided by Montram Home Tours. Please read them carefully.
Montram Home Tours may amend the Terms at any time by posting a revised version on our website. The revised version will be effective at the time we post it. If we change the Terms in a way that reduces your rights or increases your responsibilities, we will provide you with a notification.
You are granted a non-exclusive, limited and revocable license to access the website and use its functionality on the condition that:
(a) You are over the age of 18;
(b) You only use the website for lawful purposes;
(c) You do not engage in any improper, indecent or offensive behavior while using the website; and
(d) You are not breaking any law in your relevant jurisdiction by accessing this website.
Please notify Montram Home Tours within 48 hours if you will need to cancel the shoot. Montram Home Tours will charge a 50% fee for cancellations not made within 48 hours. Please note that the entire shoot amount will be assessed if we arrive at the property to find the shoot is cancelled (including denied access to the property and the home not being ready for photos). In the event payment is not received in a timely manner, the right to use the media is void.
You are responsible to check the weather before scheduling a shoot; therefore, there will be a fee of $25 assessed for rescheduling due to bad weather. No exceptions! If it is raining at the time of the shoot, we will continue with the interior shots and wait or return for the exterior shots at another time.
You acknowledge that credit cards are not required at time of booking. In addition to that Montram Home Tours will send the invoices after the services have been provided to be filled on receipt.
Montram Home Tours is the copyright holder of the image taken by the photographer or independent contractor who did the shoot. The copyright of an image is not transferred to any other party unless a specific written agreement is made. Licensing may be obtained for various applications of images, please contact us for more details.
Montram Home Tours retains the copyright ownership on all media that is created by a Montram Home Tours photographer or independent contractor whose services are rendered by Montram Home Tours.
The person who paid for this service has permission to use these images on any electronic or printed form of advertisement for the promotion of that property. Images cannot be sold to another person who takes over an expired or withdrawn listing. Failure to pay for the images will result in a copyright infringement/violation. You will be asked to remove the image from any electronic or printed form of advertisement. Failure to stop using them will result in legal action.
Montram Home Tours will send invoices after the services have been provided to be filled on receipt, until and unless terms have been agreed to and extended by contract prior to the time of order.
Montram Home Tours will bill your credit card upon completion of Services for all charges and Services unless otherwise agreed to in writing prior to the completion of your order. After services are completed, your credit card may be charged again if you have incurred additional fees due to circumstances including but not limited to cancellation, reshoots, travel fees, ‘no show’ fees and/or upgrades to your chosen services elected after the initial order was placed.
In the event that Montram Home Tours must pursue legal action in order to collect on balances due, you agree to reimburse Montram Home Tours for all expenses incurred to recover any and all sums due, including but not limited to all attorney’s fees and other expenses.
The terms of your payment will be based on your payment method and may be determined by agreements between you and the financial institution, credit card issuer or other provider of your chosen payment method (the “Payment Method Provider”). If Montram Home Tours does not receive payment from your payment method provider, you agree to pay all amounts due on your billing account upon demand.
After your order is placed, a Montram Home Tours representative will contact you via text in order to schedule your photo shoot. Montram Home Tours is not liable in any way if Montram Home Tours cannot get in touch with you in the event that you provided inaccurate contact information during the registration process or if you are unavailable or for any other reason. In addition to that invoices are sent post-shoot.
If neither agent nor homeowner is present at the time the Services are scheduled to be performed, and the agent nor homeowner has made prior requests related to shot selection, all shots taken will be at the discretion of the photographer. It is always the homeowner’s and/or agent’s responsibility to prepare the property for the photo shoot, and Montram Home Tours is not responsible for homes that are not in ‘show-quality’ condition at the time of the photo shoot. Montram Home Tours shoots all photos of the property in “as-is” condition.
You hereby release, acquit and forever discharge and shall defend, indemnify and hold harmless Montram Home Tours from any claims for damaged property in the course of the shoot.
You acknowledge that any service rendered or payment made for our services is binding to this contract.
These terms and conditions shall be construed in accordance with the laws of the state of California, without reference to its conflict of law provisions, and the obligations, rights and remedies of the parties hereunder shall be determined in accordance with such laws.
You may not use, or encourage, promote, facilitate, instruct or induce others to use, the website or website services for any activities that violate any law, statute, ordinance or regulation; for any other illegal or fraudulent purpose or any purpose that is harmful to others; or to transmit, store, display, distribute or otherwise make available content that is illegal, fraudulent or harmful to others.
You agree that you will be responsible for your use of the website, and you agree to defend and indemnify Montram Home Tours from and against every claim, liability, damage, loss, and expense, including reasonable attorneys’ fees and costs, arising out of or in any way connected with: (i) your access to, use of, or alleged use of, the website; (ii) your violation of any portion of these Terms, any representation, warranty, or agreement referenced in these Terms, or any applicable law or regulation; (iii) your violation of any third party right, including any intellectual property right or publicity, confidentiality, other property, or privacy right; or (iv) any dispute or issue between you and any third party.
This privacy statement informs you that Montram Home Tours collects information through a contact form on its website. With this privacy statement we also fulfill our duty to inform you about this contact form. Montram Home Tours is committed to your privacy. The information we collect through the contract form is protected and secured and we work diligently to ensure that preferences regarding the use of your information are honored.
This Agreement contains the entire agreement and understanding among the parties hereto with respect to the subject matter hereof, and supersedes all prior and contemporaneous agreements, understandings, inducements and conditions, express or implied, oral or written, of any nature whatsoever with respect to the subject matter hereof. The express terms hereof control and supersede any course of performance and/or usage of the trade inconsistent with any of the terms hereof.