YVR PIXEL
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These terms and conditions comprise of the customer’s obligations when ordering YVR Pixel Inc. (“YVR Pixel”) services. Our real estate media services include but are not limited to providing productions of photographs, property tour videos, drone videos, 3D-scans, and floorplans (collectively as the “Deliverables”). Once an appointment is made, YVR Pixel staff will email or text the Customer with further details. A call back may be requested by our staff to clarify further details with the Customer.
ON-SITE REQUIREMENTS
At the time of the appointment, CUSTOMER AND THEIR AUTHORIZED REPRESENTATIVE, INCLUDING THEIR REAL ESTATE AGENT, OR ANY OF THEIR DESIGNATED PARTIES INCLUDING ASSOCIATES, OFFICERS OR STAFF OF ANY OF THE AFOREMENTIONED PARTIES THAT MAY ATTEND ON SITE AS THE HOME OWNER (collectively referred to as the “Customer”), will ensure that the property will be accessible for our on-site staff to conduct photograph, video, and measurements in order to later produce the Deliverables. Customer and their authorized representative shall further ensure that the property is staged as desired, with all curtains and blinds open to allow natural light in, windows are clean and free from any debris that may affect the quality of our scan, the property is entirely free from any debris or free of any items that may cause danger or harm to our staff’s health and safety.
YVR Pixel requires the presence of an authorized individual acting as the CUSTOMER – usually the listing real estate agent or home owner (or any other responsible party intended as “home owner” in this Agreement) with access to the property during each appointment. Our photographer or technician will only enter the premises when accompanied by an Authorized Person. For tenanted properties,the authorized listing real estate agent must accompany our staff. Otherwise, a fee for cancellation ($50.00 additional) or rescheduling ($50.00 additional) will be applied to the final invoice.
Access must be granted to the photographer or technician on-site. We do not allow for key pick-up or drop-off services.
Should the Customer have any on-site requirements, these must be included in the Notes or Memo section when booking an appointment with us beforehand. Last minute requests may or may not be feasible without prior planning with our staff. YVR PIXEL RESERVES THE RIGHT TO SCAN THE PROPERTY ON AN “AS IS BASIS”.
Customers must provide accurate size estimates in accordance with MLS Listing measurements. Otherwise, a revisit may be required should the property exceed the allocated appointment duration and extra costs are applicable. Additional fee is applicable for each re-visit at $50.00 per additional visit.
CUSTOMER AND THEIR OWN AUTHORIZED REPRESENTATIVES ARE RESPONSIBLE FOR ENSURING THAT THE PROPERTY IS STAGED OR CLEANED PRIOR TO OUR ARRIVAL AND SHOULD EXPECT THAT WE SCAN ON AN “AS IS” BASIS. IT IS NOT THE RESPONSIBILITY OF YVR PIXEL TO DECLUTTER OR HELP CLEAN UP OR CAUSE THE PROPERTY TO BE “READY” IN ANY WAY OR TO ALTER IT IN ANY WAY TO ALLOW FOR A DIFFERENT SCAN. WE SCAN ON SITE AS SOON AS WE ARRIVE ON AN “AS IS” BASIS.
In the event that the Customer seeks to alter the state or condition of the Property after our scan, return fees are applicable as desired. Repeat Scans may be considered as new scan bookings and Customers may be charged the full amount at the sole discretion of Yvr Pixel.
DELIVERABLES
After each appointment and attendance, YVR Pixel staff will send to the Customer the specific package i.e. the 3D Tour Matterport Media Package indicated on our website, as ordered by the Customer within 36 hours. Our packages are subject to change from time to time without further notice. All relevant information can be found on our www.yvrpixel.com site. Please expect at least a 24 hour turn-around time. For expedited services, a $50.00 fee will be applicable.
As part of our 3D Tour Matterport Media package, kindly note that each Customer will be limited to Three image scans of the 360 degrees exterior scan for each Property. For each additional exterior 360 degrees image scan, the applicable fee will be $5 each additionally.
LIMITED ALTERATION OF DELIVERABLES
YVR Pixel reserves the right to modify images and videos under the following limited circumstances:
We further clarify that virtual-staging labels or any ‘blurring’ alterations or any other reproduced media creations of Yvr Pixel are intended solely for presentation purposes and should not be interpreted as an accurate representation of the current or the actual state of the property.
For the avoidance of doubt, YVR Pixel will not undertake alterations or modifications of its media creations beyond the scope outlined above.”
This revision aims to clarify the conditions under which YVR Pixel will alter media while maintaining the essence of the original policy. It is important to ensure that this policy aligns with relevant legal requirements and standards, and you may wish to have it reviewed by a legal professional for completeness and compliance.
ADDITIONAL LIMITES TO DELIVERABLE ALTERATIONS
Upon receipt of the Deliverables from YVR Pixel, clients have the opportunity to request specific modifications by emailing us directly within a 24-hour window. These requests are subject to YVR Pixel’s comprehensive terms and conditions. Modifications are confined to necessary updates that accurately represent the Property, including adjustments to square footage, incorporation of a realtor’s logo and branding requirements, or corrections to floor plans that were initially inaccurate or overlooked. These amendments are encompassed within the Client’s Deliverables package, provided they are formally requested within the stipulated 24-hour timeframe post-receipt of the Deliverables.
Clients are required to submit a single, consolidated set of instructions detailing all requisite changes to the floor plan, which will undergo YVR Pixel’s stringent review and approval process. Should there be additional alterations requested, YVR Pixel reserves the prerogative to implement an upfront charge at a rate of $35 per hour, with the client obligated to pre-pay prior to the initiation or delivery of the finalized work.
YVR Pixel maintains a strict policy regarding the types of changes that can be accommodated, irrespective of whether these requests are made within or beyond the 24-hour period post-Deliverable reception. This policy is in place to ensure accurate and realistic renderings of the Property. Consequently, YVR Pixel will not entertain requests to add or modify elements in the floor plan that did not originally exist or to implement changes that deviate significantly in style or deviate from the original floor plan’s intent.
Responsibility for any such changes beyond the scope of YVR Pixel’s policy falls to the client, utilizing their own resources for any modifications. YVR Pixel asserts its unequivocal right to refuse any further amendments post the initial 24-hour period following the delivery of the Deliverables or if the requested changes would compromise the original condition of the property, potentially mislead the public, or are solely of a stylistic nature.
OWNERSHIP OF THE DELIVERABLES
All media creations, including but not limited to images, videos, and renderings, or any other digital media products produced by YVR Pixel, are the exclusive property of YVR Pixel. Clients are granted a non-exclusive, royalty-free license to utilize these media creations for their own purposes. Yvr Pixel unilaterally reserves the right to revoke the utilization of its media creations for any reason whatsoever and without notice. By agreeing to these terms and conditions, the client acknowledges and consents to YVR Pixel’s right to use any of the said media creations for its own promotional activities, including advertising and social media engagements. This agreement implicitly includes consent from both the property owner and the real estate agent representing the property (collectively known as the “Customer”). The acceptance of these terms and conditions constitutes an irrevocable waiver by the client, and includes any other parties with an interest in the property, of any claim or control over the use or display of the media creations by YVR Pixel, irrespective of whether the media creations feature images, videos, or renderings of their properties.
HOSTING DURATION AND FEE
All Deliverables will remain available for 30 days after each appointment for the Customer to obtain from us. Customers desiring longer duration should contact our staff with an extension request. Extension hosting fees ( an additional $50.00 per month) apply that are subject to change without further notice. After 30 days, all data will be deleted so the Customer is responsible to safekeep all Deliverables within 30 days after each appointment booked.
OTHER FEES APPLICABLE FOR: DEFERRING, RESCHEDULING, OR CANCELING
Cancellation ($50.00) or Rescheduling fees ($50.00) are applicable if Customer notifies less than 24 hours from the date of the appointment. Please contact [email protected] for further details should the customer need to defer the appointment, reschedule, or cancel. YVR Pixel reserves the right to notify and cancel any services to the Customer in the event that the Customer fails to show up within 15 mins of the date and time of the appointment. Please respect our staff’s time spent at each appointment since they may have multiple appointments to attend to same day. Therefore, having the responsible person being on time with access to the property – ideally there 15 minutes prior – is imperative to our staff.
EXTRANEOUS FEES
In delivering our specialized scanning services, YVR Pixel acknowledges that certain aspects of a property’s dimensions and specific requirements may not be fully ascertainable prior to on-site evaluation. Factors such as the actual square footage, the complexity of the layout, unforeseen delays caused by the client or external circumstances, or additional requests made after the initial booking can significantly impact the scope of work required.
Given these variables, YVR Pixel reserves the right to adjust the final invoice to reflect any extra services rendered, surcharges, or add-on features that were not included in the initial quote or booking fee. This adjustment is essential to accommodate the additional time, resources, and effort expended beyond the preliminary agreement.
Customers are advised that upon the commencement of our services and the subsequent delivery of preliminary deliverables, any modifications to the service scope—whether arising from newly expressed preferences, additional areas to be scanned that were not disclosed at the booking stage, or delays not attributable to YVR Pixel—may result in revised charges.
These adjustments will be clearly itemized and communicated, ensuring transparency and understanding.
YVR Pixel is committed to providing exceptional service and will endeavor to inform the customer of potential adjustments at the earliest opportunity. The customer’s agreement to these terms, signified by their initial booking or acceptance of a quotation, obligates them to fulfill any additional financial commitments assessed due to expanded service requirements. This policy is in place to ensure fairness and maintain the high standard of service that YVR Pixel is known for.
LIMITATION OF LIABILITY
YVR Pixel provides no warranty or representation, express or implied, except for delivering the Deliverables that are paid for by the Customer. Customer agrees and acknowledges that YVR Pixel is not responsible for any other acts or omissions and that no other warranties or recourse are available. Total liability of YVR Pixel Ltd. is limited to the total cost of the package ordered by the Customer. Customer is responsible for proper and permitted media and privacy usage of the Deliverables in accordance with the laws of British Columbia and Canada.
GENERAL PROVISIONS
This Agreement is governed by and construed according to the laws of the Province of British Columbia, Canada. This Agreement benefits and binds the respective heirs, executors, administrators, and assigns of the Parties. If any part of this Agreement is deemed invalid or unenforceable by a court of competent jurisdiction or any other legally constituted body, the remainder of this Agreement shall remain in full force and effect.
DISCLAIMER
YVR Pixel provides its products or services relying upon Matterport Pro 3 plan technology and have no control over its generated floorplan, 3D Dollhouse, or rendering of measurements. Therefore, YVR Pixel takes no responsibility for accurate results and all provision of resulting products and services are intended for advertising and marketing purposes only. YVR Pixel does not guarantee accuracy and therefore Customers should rely upon MLS listing or developer blueprints and only use YVR Pixel’s products and services for marketing and advertising purposes; not architectural or construction needs.
If in question, please do not hesitate to contact us at [email protected]
E&OE @ 2024, YVR Pixel Inc.