Service Policies

BTW IMAGES TERMS OF SERVICE

The following terms of service (“Terms of Service”) apply to all Agreements between the Client and BTW Images, LLC (“BTW”) entered on or after January 1, 2020.  Agreements shall include, by way of example and not limitation, all orders placed online with BTW, and any change orders.  BTW and the Client shall be referred to individually as (“Party”) or collectively as “the Parties.”  

1.              Agreement to Terms of Service:  By executing an Agreement that references the Terms of Service (including, but not limited to, placing an order online with BTW), Client agrees that the Terms and Conditions will apply to any services and/or products to be delivered by BTW under such Agreement.

2.              Cancellations:  BTW images reserves the right to assess cancellation/rescheduling fees per individual service provider (separate photographer, videographer, drafter etc.) for all appointments cancelled or rescheduled inside of four (4) business hours from the scheduled start time. Cancellation/rescheduling fees breakdown as follows: 

3.              Payment and Invoicing:

a.     Payment:  A 50% deposit is required for all Event and Portrait/Headshot sessions. The remaining balance is due on the date of service, or the next working day if the appointment is on a weekend. The entire balance is deemed earned and owed upon performance of the photographic shoot, floor plan drafting, or any other service provided by BTW images, regardless of whether the final product is needed by the time of delivery (for example, if the relevant property goes off market, goes under contract, or is sold prior to delivery of the product).

b.     Invoicing: An invoice for services will be sent electronically the next business day from the service date. The invoice may be paid online manually using any credit card or bank transfer, however after 5 business days BTW will charge out the invoice using the credit card on file. A $45 late fee per invoice will be assessed for every 30 days from the date of service for all unpaid invoices.

c.     Disputed Invoices: Interest, due and payable with an invoice, will accrue at a monthly rate of 1.50% on undisputed amounts outstanding greater than thirty (30) calendar days. In the event that Client disputes in good faith an invoice in whole or in part, Client will provide notice of such dispute to BTW within five (5) business days after Client’s receipt of the disputed invoice (“Dispute Notice”). If Client fails to provide such Dispute Notice within the aforementioned five (5) day period, Client agrees that it has accepted the products or services associated with said invoice. For the Dispute Notice to be valid, it must specify in detail the extent to which, and the reasons why, Client disputes the invoice. Any disputed amounts withheld will be paid within fifteen (15) calendar days after resolution of the dispute. 

d.     Refunds:  BTW does not provide refunds for services completed. BTW will attempt to resolve any product shortfalls and will, in its sole discretion, issue for future work.

e.     Additional Fees:  Any work requested outside of the planned service may incur an hourly fee.  This includes additional edits to videos, additional time on the Site, and alteration to photos beyond the true scene.

4.              Matters Governing the Work:

a.     Time Limits:  Video and Photo shoots are scheduled for a finite amount of time.  Overrun of this time may incur an hourly fee of $85/hour if determined not to be the fault of BTW.

b.     Site Condition: The Client is solely responsible for the preparation and condition of the site to be photographed (the “Site”).  If BTW determines that the Site is not properly prepared or that preparation of the Site will delay the photographer, BTW reserves the right to cancel the appointment and charge a $100 cancelation fee.  It is BTW’s policy that the photographer shall not stage or move anything on the Site and the Site shall be photographed as presented.

c.     Arrival Time:  BTW shall notify any Client of a late arrival.  Although we aim to be on time to every appointment, we cannot control the traffic, weather, or other factors that may cause a delay.  We will make every effort to keep within our allotted time slot and to arrive as scheduled.  Extreme lateness due to circumstances beyond BTW’s control may be eligible for a discount on the next service, in BTW’s sole discretion.

d.     Discounts:  BTW may decide to offer discounts if BTW finds that the work BTW performed is not up to its standards.  Any discount is at the sole discretion of the owners of BTW.   No discounts can be given for third-party services.

e.     Online Availability of Product:  BTW utilizes third-party services to host our virtual tours, photo and video delivery, and web sites.  Although BTW has chosen vendors with high availability, routine maintenance and server outages are beyond BTW’s control.  BTW assumes no responsibility for any such outages, but will work within its power to resolve such issues as quickly as possible.

f.      3D Immersion Scan (Matterport):  The 3D Immersion scan of Client’s Site will be available within Client’s virtual tour within 2 Business Days from the time the scanner leaves the property. All scans will be hosted for a period of 60 days online. Afterwards, Client will be notified that Client will need to pay an additional $25 per additional month of hosting, or the scan will be deleted.

g.     Floor Plans:  Initial draft of all floor plan services will be available 2 business days from the time the drafter leaves the Site.

h.     Alterations of Photos:  No alteration of photos or videos produced by BTW is permitted by anyone other than BTW, apart from resolution changes.  No use of Photoshop or other image and video altering software is permitted on any product by the Client or associates.

i.      Product Turn-around:  BTW guarantees a 24 hour turn-around on listing photography from the time the photographer leaves the Site.  Delivery times on products other than listing photos varies and is not guaranteed within 24 hours.

j.      Web Site Visibility:  BTW does its best to build a search-friendly web site and virtual tour.  BTW does not guarantee nor is it liable for the visibility of Client’s online product within search engines.

k.     Client Cooperation: BTW does its best to produce for Client a finished product as soon as possible.  At times this requires cooperation and information from the Client in a timely manner.  BTW assumes no responsibility for delay of deliverables due to Client delays.

l.      Retakes and Rainy Day Policy:  BTW does not control the weather or the condition of the Site.  Any requested retakes of scenes that is not due to the fault of BTW shall incur an additional fee. BTW will not cancel or otherwise reschedule appointments unless prompted by the Client, or due to a threat of severe tropical/winter weather. BTW’s photographers can and will shoot rain or shine.

m.   Referral Credit: Referrals are the best compliment a company can receive and we truly appreciate your faith in our product. Upon payment of Client’s referral’s photoshoot, Client will receive a $25 credit toward Client’s next service with BTW.

n.  Copyright infringement:  BTW images takes no responsibility for the distribution of media provided and any violations that may occur due to the distribution of the media.

o.  MLS Policies: It is the responsibility of the listing agent to ensure compliance with any/all Bright MLS regulations when uploading our photos to their system

5.              Warranties and Third-Party Services:

a.     Warranties. BTW will provide the Client with the highest quality of service, images, and video possible.  However, the quality is limited to the subject being filmed or photographed.  For example: a messy, dirty house will produce a high quality photo of a messy, dirty house.  EXCEPT AS MAY OTEHRWISE BE EXPLICITLY PROVIDED BY THE AGREEMENT (INCLUDING THESE TERMS OF SERVICE), BTW MAKES NO OTHER REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, REGARDING ITS PROVISION OF SERVICES OR PRODUCTS WHICH ARE THE SUBJECT OF THE AGREEMENT, AND BTW SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. 

b.     Third Party Services.  BTW images utlizes several third-party vendors such as printing, hosting services, and delivery.  BTW images assumes no responsibility for the quality and timeliness of the work of such vendors.  BTW does not require Client to use these vendors and any if the Client has any issues with such a vendor, the Client should addressed such vendor directly.  All third-party services will be billed and charged with the Client’s credit card on file at the time of ordering.

6. Miscellaneous:

a.     Governing Law; Jurisdiction and Venue:  This Agreement, for all purposes, shall be construed in accordance with the laws of the Commonwealth of Virginia without regard to conflicts-of-law principles. Any action or proceeding by either of the Parties to enforce this Agreement shall be brought only in the state courts of Fairfax County, Virginia. The Parties hereby irrevocably submit to the exclusive jurisdiction of such courts and waive the defense of inconvenient forum to the maintenance of any such action or proceeding in such venue.

b.     Entire Agreement:  Unless specifically provided herein, the Agreement contains all the understandings and representations between the Parties pertaining to the subject matter hereof and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to such subject matter.

c.     Waiver and Modification:  No provision of the Agreement may be amended or modified unless such amendment or modification is agreed to in writing and signed by both Parties. No waiver by any Party of any breach by another Party hereto of any condition or provision of this Agreement to be performed by the other party hereto shall be deemed a waiver of any similar or dissimilar provision or condition at the same or any prior or subsequent time, nor shall the failure of or delay by either of the parties in exercising any right, power, or privilege hereunder operate as a waiver thereof to preclude any other or further exercise thereof or the exercise of any other such right, power, or privilege.

d.     Severability:  In the event any term, condition, covenant or agreement herein shall be deemed or declared to be invalid or unenforceable by a court or arbitral authority of competent jurisdiction, such invalid or unenforceable term, etc., shall be severed from the remaining valid terms of this Agreement and shall not affect the validity or enforceability of such valid terms.

e.     Force Majeure:  BTW images is not liable for any service interruption or cancellation due to weather or Force Majeure.

f.      Liability:  BTW is not liable for any failure of income arising from any property for which BTW has provided marketing material.

g.     Attorneys’ Fees: In the event that any suit or action is instituted under or in relation to this Agreement, including without limitation to enforce any provision in this Agreement, the prevailing party in such dispute shall be entitled to recover from the losing party all fees, costs and expenses of enforcing any right of such prevailing party under or with respect to this Agreement, including without limitation, such reasonable fees and expenses of attorneys and accountants, which shall include, without limitation, all fees, costs and expenses of appeals.