Terms and Conditions for provision of Photo Plan Ltd photography and floor plans can be found here.
To discuss these terms and conditions of services or for standard pricing details please contact Kane Murray kane@photoplan.co.nz
This is a legal agreement between Photo Plan Limited (Photo Plan) and You (‘You’ or ‘Your’). These terms and conditions of business shall apply to all commissions undertaken by Photo Plan, unless otherwise specifically agreed in writing. By using an online order form or by ordering via telephone or email you agree to be bound by these Terms and Conditions. All orders and requests for commissions or any additional services will be subject to Photo Plan’s acceptance. Photo Plan reserves the right to amend this agreement from time to time and new versions of this agreement will be posted or emailed to you.
Photo Plan provides various services from time to time, which may include without limitation, photography, processing digital images, draughting floor plans or other digital media, lease plans and site plans, design and hosting of web pages and design of and printing of particulars or brochures. Photo Plan reserves the right to reject any commission.
Photo Plan provides an online order form at www.photoplan.co.nz which is available 24 hours a day, 7 days a week (subject to occasional down time for essential maintenance). Orders can be also discussed and placed over the telephone at no extra charge.
It is Photo Plan’s aim but not our guarantee that, wherever possible, all orders placed online or over the telephone and received by us before 4 p.m. will be attended to the next working day, subject to access being available or the access contact being available.
All images and floor plans are guaranteed to be completed within 48 hours and are generally supplied within 24 hours of completion of the commission
Photo Plan will make all endeavours to acquire Your photographic preferences in advance of performing any work. However, if we have not received specific preferences from You in respect of photography, our photography will be deemed to be acceptable by You unless You inform us by email or over the telephone within 2 working days of receiving the images of the precise reason You believe the images to be unacceptable. If we agree, then the photographs will be re-shot free of charge. If we do not feel the photographs are unacceptable but the rejection is borne out of personal preferences we were not made aware of, then any required re-shooting of the property will be charged at prevailing rates.
Floor plans are guaranteed to be right first time (in respect of physical features) when submitted for approval. If we are found to have made an error, we will correct it at no extra charge. You must notify us at the time of placing an order if there are areas which are not clearly defined or not obvious that they are demised to the property. We must be notified of any rejection/error within 2 working days of submission to You by email or over the telephone. Any images not accepted OR rejected within these 2 working days will be deemed to have been accepted and will be charged for according to what was originally ordered at the agreed prices, even if mistakes are subsequently discovered.
Photo Plan fees are subject to change from time to time. Photo Plan fees are payable at time of order unless agreed upon prior to order placement. In such cases payment is required within 14 days on supply of an invoice on completion of the commission. Photo Plan is a New Zealand business and all transactions will be billed in New Zealand dollars.
Payment can be made on-line using your Visa or Mastercard. Photo Plan uses the secure facilities of DPS Payment Express for all payment transactions. Photo Plan does not record or store your credit card details. When your online order has been placed and payment received this will be confirmed immediately in the DPS approval window (if paying online) and verified by a confirmation email. We will then fulfill your order. Photo Plan will refund payment in full if an order cannot be fulfilled due to the inability to provide a service in your area in an acceptable time frame. For additonal refund policy refer to the remainder of our Terms and Conditions.
It is Your responsibility to check photography supplied to ensure that they are correct in all requirements. As part of placing an order You may choose photographs to be taken at the photographers discretion, please note if you select this option You will not be eligible for a free re-shoot, if specific shots are required they must be communicated.
Photo Plan will use reasonable skill and care in sketching and draughting floor plans. All floor plans supplied by Photo Plan are intended for indicative purposes only, they are not intended to be scale drawings and measurements and areas quoted are approximate, whether or not a suitable disclaimer appears on the drawing. It is Your responsibility to ensure that a floor plan is an accurate representation of the property. Photo Plan accepts no liability whatsoever for any error or omission or inadvertent mis-statement in a floor plan. Photo Plan will always endeavour to measure with all possible accuracy.
You are liable for $50 cancellation fee if Photo Plan is unable to gain access to the premises for an agreed appointment (Please see 19. Cancellation Policy below). You will be responsible for ensuring that the premises to be photographed or drawn for a floorplan are in a suitably presentable state and Photo Plan reserves the right to not photograph a property which is unsuitable due to state of repair or cleanliness. You will be responsible for ensuring that the display and distribution of photographs, floor plans and printed particulars, via internet, post, hand delivery, fax or email complies with all relevant legislation. You warrant that you have the authority to commission the photography, production of a floor plan and printed particulars of the premises in question, including allowing a Photo Plan photographer/floor planner access to the premises.
Photographs and floor plans will be available for the You to download online via a secure login linking to the PhotoPlan server on issue of the relevant email. Photographs and floor plans are available to be downloaded from our server at any time. After 60 days PhotoPlan reserves the right to remove photographs from the server and archive the photographs, unless an agreement has been made between You and PhotoPlan to extend the storage facility.
Photo Plan warrants that it will use reasonable skill and care to provide the commission. Photo Plan warrants that it will not materially adjust or manipulate any images filmed, unless requested to do so by You. All other warranties express or implied are hereby excluded to the fullest extent permitted by law. Any liability Photo Plan may have (whether in contract, tort, including negligence or otherwise) shall be limited to the total fees paid by you under this agreement. Photo Plan shall not be liable to you or to any third party for any loss of profits, loss of sales, loss of turnover or loss of use or corruption of data or software or for any indirect, consequential or special loss. This does not exclude Photo Plan liability in respect of fraud or in respect of death or personal injury caused by Photo Plan. Photo Plan shall not be responsible for any delay or failure to carry out Photo Plan’s commissions under this agreement for reasons beyond Photo Plan’s reasonable control including but not limited to the acts or omissions of a third party or Your failure to perform Your obligations.
If our photographer fails to arrive within 60 minutes of an agreed appointment you may elect for a new appointment at a mutually agreed time or request a full refund of any monies paid in respect of the commission. In the event of a dispute about the quality of pictures taken, Photo Plan may in its sole discretion, elect to re-shoot the images or offer a full refund of any monies paid. Please note that Photo Plan is not responsible for breakage of locks/keys when they are previously faulty and it is Your responsibility to notify Photo Plan of any issues in this respect before an appointment is attended. You will also be liable for and damage to Photo Plan equipment caused by vendors/tenants during an appointment. This section shall survive the termination of this agreement for any reason.
Photo Plan reserves the right to terminate this agreement without notice for any reason including non-payment of fees. Photo Plan’s fees shall be payable immediately on termination or expiry howsoever caused of this agreement.
All copyright and other intellectual property rights in and relating to any constituent part of a commission shall be owned exclusively by Photo Plan. You retain the right to unlimited marketing use of constituent parts of a commission.
Digital resources produced for You by Photo Plan are available for use in Your company only and are not available for use in an affiliated or other company without express written consent of both Your company and Photo Plan.
This is the only agreement between Photo Plan and You. If a court decides that any part of the agreement cannot be enforced, then that part will not apply. The rest of this agreement will continue to apply. Any notice given under this agreement must be made in writing and sent to the parties' respective addresses. This agreement shall be governed by New Zealand Law.
Photo Plan reserves the right to alter or amend pricing quotes shown online without prior notice.
Photo Plan apply an attendance and processing fee in respect of all appointments which accounts for both travel and processing in respect of images, floor plans or other digital media produced as a result of that appointment.
Photo Plan reserves the right to charge a monthly $100 (gst incl) administration fee and monthly interest costs of 2.5% on all overdue accounts. Any costs incurred by Photo Plan in the recovery of overdue accounts will be passed on to You.
Appointments cancelled with less than 4 hours notice will incur a fee of $50. This includes appointments where photographer cannot gain access to a property through no fault of theirs, including if an agreed appointment with the vendor is not kept by the vendor. A morning appointment will need to be cancelled on the day before. Cancelling an order which has not been booked as an appointment incurs no charge. Photo Plan will assess each cancellation individually before applying cancellation charges. To cancel an order please call your allocated photographer or email us at admin@photoplan.co.nz
