Terms of Service
Feel free to contact us at any time if you have a question about these terms and conditions/terms of service (hereinafter referred to as these “Terms and Conditions”) since we will make every attempt to make you a satisfied customer.
In effect as of: 11th of January 2023 (hereinafter referred to as the “Effective Date”)
All “paid of service” brokers/agents, users, and customers (collectively, hereinafter referred to as the “Client”) of “Alex Bright” (hereinafter referred to as the “Alex Bright”) are subject to these Terms and Conditions.
Contact Us
If the Client has any questions or wants to provide feedback regarding these Terms and Conditions, the Client should not hesitate to contact us through email at: hello@alexbright.studio
Electronic Communications
By using Alex Bright’s services, the Client agrees that any electronic means sent to Alex Bright, including without limitation, notices, disclosures, or any other communication complies with all legal criteria associated with such electronic means.
Updating of these Terms and Conditions
Alex Bright reserves the rights to change, adjust, add, insert or remove parts from, or the whole of, these Terms and Conditions periodically. Anything adjusted to these Terms and Conditions will become effective after the adjustment has been published and made public on this website. It is the Client’s responsibility to check these Terms and Conditions from time to time at the website for modifications and adjustments. The Client’s continued use of Alex Bright’s services following the publishing of modifications and adjustments will be considered as the Client’s explicit acceptance to adhere to these Terms and Conditions, including such modifications and adjustments.
Photographic Location Policy:
Once on-site, the client will be charged the full fee for the shoot if the “Alex Bright” is unable to adequately shoot the property due to circumstances beyond his control, due to an event which the occurrence and the effect of which the party affected thereby is unable to prevent and avoid, including, without limitation acts of God; pandemics, government regulation, curtailment of transportation facilities, inability to gain access to the property, excessive untidiness and mess, unrestrained animals, Client not present on site, construction, strikes, lock-outs or other industrial actions or trade disputes of whatever nature (whether involving employees of a party or a third party), terrorist attacks, haze, sabotage, riots, civil disturbances, insurrections, national emergencies (whether in fact or law), blockades, acts of war (declared or not), etc. (also known as a “Force Majeure Event”). Alex Bright shall give the Client a written notice describing the particulars of the Force Majeure Event that may affect the delay of the services as soon as possible. Any onsite staging, decluttering, cleaning, or landscaping is not the responsibility of “Alex Bright”. WhenAlex Bright” arrives on location, the home or property must be prepared to be photographed.
The Client understands and acknowledges that the house will be documented on an “AS IS” basis. Review the property preparation checklist at “hello@alexbright.studio” to maximise efficiency and for the services to be conducted and operated successfully.
Ownership of Intellectual Property Rights
In any photos, videos, photographs, and other works produced by our company (collectively, “Works”), “Alex Bright” reserves all intellectual property rights, including but not limited to copyright, trademarks, patents, design patents, licenses, agreements, trade secrets and other similar things. Hence, the Client understands, concurs and acknowledges that Alex Bright will own all such intellectual property and commercial rights to the Works and that the Works will be deemed the exclusive and absolute property of Alex Bright.
Liability
Alex Bright will not be held accountable or liable for lost revenue, lost savings, missed opportunities for work, damages, harm, injury while shooting or other expenses brought on by customer or business delays.
Alex Bright disclaims responsibility for any incorrect impressions created by its work. Every measurement, including floor mapping, is an estimate and not an exact science. The maps and other works from Alex Bright are not intended to be used as precise sales or rental materials for any kind of property. For example, “Alex Bright” will not be liable in the event that the square meters are not measured accurately or the windows are not placed appropriately, among other errors in the drawings, maps, or other real estate presentation.
Neither Alex Bright nor any holding company, affiliate or subsidiary of Alex Bright, shall be held responsible for any direct or indirect special, consequential or other damage of any kind whatsoever suffered or incurred, related to the use of, or the inability to access or use the Works.
Rights of Cancellation and Objection
Without warning or justification, “Alex Bright” reserves the right to decline service and cancel any booking with anyone. If our business has complied with its promise to supply final photos on time, we may end our connection with the client at any time and without cause by sending the client written notice. ‘Alex Bright’ may cancel the License at any time by giving Client written notice. If Client violates the License, “Alex Bright” may terminate the License immediately upon writing notice.
Payment:
Within seven days from the final image proof(s), full payment is necessary. The client will receive an email with an invoice. Before the distribution of the photos, the client has to pay the entire total. The photographs will be kept for up to 30 days if, in the odd event that the Client forgets to pay for them, “Alex Bright” will contact them and remind them. Payment options include bank transfer and credit card. The Client may choose any one of these payment methods/options at the Client’s own and absolute discretion.
In the event that payment is not received within the stipulated seven-day period from the final image proof(s), a late fee of 10% will be applied to the total amount due. This late fee will accrue monthly until the outstanding balance is settled. Furthermore, failure to remit payment within thirty (30) days may result in the cancellation of services and forfeiture of any rights to the photographs. Any costs incurred in the collection of overdue payments, including but not limited to legal fees and court costs, shall be the responsibility of the Client.
Processing, Delivery, and Archiving of Photography:
The usual delivery target for “Alex Bright” for photography is 4-7 business days following the shoot. The company “Alex Bright” will make every attempt to meet this deadline. Any charges incurred as a result of a delayed delivery will not be the responsibility of “Alex Bright”. The direct download link for each completed image will be supplied. After the initial release, all photos will be preserved and accessible to the Client for up to 90 days. Alex Bright is unable to guarantee photo retrieval after the initial 90 days.
Policy on Cancellations and Reschedules:
The client certifies that the property or location is “ready” to be shot by making a reservation with “Alex Bright” and setting a time and date. The client will be required to pay 50 EUR to reschedule if the photo session is postponed for any reason 12 hours prior to the appointed date. Alex Bright will make every effort to reschedule and re-shoot inside 72 hours of the initial shoot. A 50 EUR cancellation fee will apply if the client cancels less than 24 hours before the booked service. Any cancellation made within two hours of the scheduled service will incur a cancellation fee equal to 100% of the creative / service fee. Any cancellation brought on by unanticipated events, severe weather, or (acts of the Universe) may be postponed without incurring any extra costs. The client forfeits their cash for services if they are unable to reschedule within 30 days of the original cancellation. The Client will be given a credit for the full price to be applied to any subsequent shoots in the unlikely case that “Alex Bright” is unable to reschedule, within 7 days of the initial shoot.
Late arrival of Client: Due to our busy schedules, ‘Alex Bright’ must be able to enter the property before you arrive late. If the client is late for the shoot, a fee of 15 EUR per fifteen minutes will be charged.
Utilisation of photos and video
A restricted, non-exclusive, royalty-free, revocable license is granted by “Alex Bright” to the client (the “Client”) to use and display Works created for and released to the client by our business (the “Licensed Works”) only for the following uses:
Promotion of the property that the Licensed Works pertain to (the “Property”)
The Client may use for their individual marketing and branding, Client can publish Licensed Works in any publication in any medium (such website or magazine) provided that each image contains the following photo credit: All rights reserved. Photograph by Alex Bright.
Licensed works are exclusive to the client; as a result, they cannot be sold or given as gifts to other parties. Client shall have a continued right to use the Licensed Content for the personal marketing reasons described above.
Except for cropping and resizing, Client agrees not to change or manipulate any Licensed Work in any way. Any such prohibited adjustments are against the terms of the License and violate the copyright of “Alex Bright.”
Without prior consent from “Alex Bright,” the Client is not permitted to transfer or assign the License to any other organisation. However, the Client may transfer the Works to online platforms solely for the purposes of utilising the Works to promote the Property.
If any third party wishes to use or display the Licensed Works kindly contact ‘Alex Bright’ directly.
Price Quotation:
All price quotations, whether verbal or written, are provided as estimates derived from information provided by the client or obtained by “Alex Bright,” and they are subject to adjustment based on the actual conditions observed on-site by “Alex Bright.” Additional expenses may be incurred depending on the assessment of the property during the on-site visit.
(1) Creative Fee: A Creative Fee, payable in advance, is mandatory and its amount may vary based on predetermined criteria.
(2) Photography License Fee: License fees for photography are determined by quotation and are priced according to the specific usage requirements and promotional needs of the client.
Guarantee:
We want every client to be entirely satisfied with the photographs they receive as a final product. Every effort will be made by “Alex Bright” to guarantee that the home or property is represented in a realistic way. Additionally, “Alex Bright” guarantees that every photograph will be adjusted to the best of his abilities. Alex Bright will cooperate with the Client to rectify the photos if the final images fall short of the Client’s reasonable expectations. Re-editing will be performed at no additional cost by “Alex Bright”. If the photographs cannot be fixed by reediting, the client is required to submit a written explanation of why they are unhappy with each image. The property will be returned to by “Alex Bright” at no additional cost to the client. Everybody has a different photography style. Please make sure the “style” of the photography meets your requirements. Due to unreasonable or unmet expectations that go beyond what “Alex Bright” offers on the website, there will be no refunds given and the initial shoot will not be rescheduled.
Travel Costs:
There is no travel cost assessed by “Alex Bright”. If an order falls outside of “Alex Bright’s geographic area, travel costs will be calculated and added to the Clients quotation and final invoice.
General Clauses
(1) Invalidity and Severability: If a court rules that any portion of these Terms and Conditions are void or unenforceable, the remaining provisions will be read in a way that best reflects the parties’ intentions.
(2) Lawyer Fees and Expenses: The party that prevails in a dispute arising out of or relating to these Terms and Conditions are entitled to reimbursement from the losing party for its reasonable legal fees, costs, and expenditures.
(3) Waiver: Failure to utilise any right granted in these Terms and Conditions does not constitute a waiver of any other rights, whether present or future.
(4) Relationships: Nothing in these Terms and Conditions shall be construed to make one party a partner or joint venturer of the other party for any reason.
(5) Governing Law: The laws of Marbella, Malaga, Spain, shall apply to the interpretation and enforcement of these Terms and Conditions.
(6) Jurisdiction: The parties agree that Marbella, Malaga, Spain will serve as the only court of record and venue for all legal disputes. Hence, any disputes and disagreements must be settled in a competent court within Marbella, Spain. The parties forego any additional venues to which they would otherwise be entitled due to their respective domiciles.
(7) Integration, Entire Agreement and Amendments to these Terms and Conditions: These Terms and Conditions integrate all past suggestions, commitments, representations, and understandings with respect to the subject matter and embodies the full understanding of the parties thereto.
Term and Condition Acceptance
By using the services of “Alex Bright,” the Client accepts these Terms. Client understands that these Terms and Conditions bind the Client and Alex Bright. Furthermore, before scheduling services with “Alex Bright,” Client certifies that Client has read and understands these Terms and Conditions.
The aforementioned Terms and Conditions are subject to change at any moment, and any such changes will be announced by updating the Effective Date.