Terms & Conditions
Photography, Virtual Tours, Websites
For the purposes of this agreement, the customer will be referred to as “you” and Spanish Villa Photography will be referred to as “us or SVP”.
The term “materials” used in the context of these Terms & Conditions, covers photographs, video, website designs and documentation in relation to your property.
- SVP provides a detailed written quotation for the work required, breaking down the full scope of the work items and the associated costs. The quotation remains valid for 30 days from the date given on the quotation, after which time the quotation is no longer binding. On request, SVP will update and re-submit the quotation, validating it for another 30 days.
- All quotations created, specify the deposit required to confirm acceptance of the quotation. On payment of this deposit, the quotation is accepted and forms a binding agreement between you and SVP.
This contract is governed by Spanish law and subject to the jurisdiction of the Spanish courts of law.
Responsibility and Liability
- You agree to make sure that the property is safe for SVP to visit in order to make the materials. While SVP takes reasonable care and skill on each and every visit, SVP has no responsibility for accidental damage to personal items belonging to you or third parties.
- You agree that you will be responsible for all costs and disbursements awarded against SVP for any and all loss or damage SVP suffers (including any legal fees or costs), as a result of any negligence or breach of this agreement by you.
- SVP’s liability to compensate you for any loss or damage is limited to the amount being SVP’s fee as stated in the final quotation, having regard to whether the damage was due to a negligent act or omission by SVP. SVP shall have no liability for any consequential or indirect loss suffered by you, such as loss of earnings, loss of time, or any other expenses caused by delay to any work undertaken by SPV.
- Details of SVP’s public liability certification can be presented on request. Please contact us by email (firstname.lastname@example.org) for details.
- SVP provides a personalised quotation for any work requested which will break down the individual work items and the respective costs. The terms of the quotation are such that the quotation will be valid for a thirty day period, and that a 25% deposit will be required to confirm the agreement to undertake the work. The remaining 75% will be required once the work has been carried out.
- On receipt of the final payment, full resolution images will be uploaded to your personal file sharing area and a link sent to you to enable access to the relevant images or documents. Website development or advertisements will be uploaded to their final destinations.
- SVP accepts payment by bank transfer, Paypal or cash payment. SVP does not accept credit or debit card payments at this time.
- All SVP prices are given in Euros (€), exclusive of IVA, and are updated on a regular basis. However, the prices are liable to change from time to time and the prices on the website do not form a final or binding price for any work carried out by SVP.
- SVP will always provide you with a quotation for any work required and the prices on the individual quotation, which will be valid for 30 days, will form the final binding price for any agreement entered into by SVP and you.
- Photography: All photographic images are delivered electronically and you will need to possess the required electronic equipment to be able to download and work with the supplied images.
- Video: All videos are delivered electronically and you will need to possess the required electronic equipment to be able to download and work with the supplied images.
- Property Descriptions: Property descriptions, layouts and facility information are delivered electronically in the form of Word and PDF documents. You will need to possess the required applications to read these electronic files.
- Other: Method of delivery of items such as Domains, Hosting, Websites, Advertising etc, will be detailed in the quotation and dependent on the type of service provided.
- All delivery dates given by SVP are estimated dates and do not form a contractual obligation to meet the specific delivery date. SVP is not liable for losses that arise from the estimated delivery date not being met.
Usage and Copyright
- SVP retains the copyright for all photographs, videos and design work that it produces. SVP do this for the purpose of retaining the right to use these materials for promotional purposes on its website and in its promotional materials. SVP will never pass on any of your materials to third parties.
- SVP applies a perpetual usage licence, giving you full right to use, alter, duplicate and distribute any of the materials provided to you by SVP, without notice or attribution.
- If you are selling your property, you can also pass all of the materials on to the new owner of the property for them to use, but SVP would appreciate if you also pass on SVP’s details so that the new owners know who to contact should they have further enquiries.
- Any materials produced by SVP and altered by you, must not be promoted as being original works of SVP.
Deferral and Cancellation
- Under the circumstances where weather conditions do not permit the work to be carried out; this constitutes a “deferral” and not cancellation. The agreement to undertake the work continues to be in force and a new date and time must be mutually agreed. Should you wish to cancel the agreement due to delays caused by weather conditions, you are within your right to do so, but SVP will retain the initial 25% deposit.
- SVP will accept the cancellation of agreed work any time up 10:00 am on the 21st day before the confirmed date of the work and will refund the complete 25% deposit. After this time, SVP reserves the right to withhold the deposit.
- It may, on very rare occasions, be necessary for SVP to cancel (or defer) work already agreed due to circumstances outside of our control. SVP will try to agree a new mutually acceptable timeframe for the work to be carried out, or will offer you a complete refund. SVP is neither liable nor responsible for any other costs associated with the cancellation.
- SVP works very hard to ensure that you are happy with the finished product by ensuring that you have seen enough samples of its work prior to your acceptance of a quotation for SVP to undertake work for you. If you are still not satisfied with the end result, SVP will resolve the matter as follows:
- SVP will ask you for a list of specific reasons that the work fails to meet your expectations. SVP will then address these issues and, if necessary, re-present the work to you for your approval.
- If you are still not satisfied, but SVP believes that the final results are within the specifications of the quotation given, SVP will consider that you wish to cancel the agreed work and SVP will retain the 25% deposit paid.
- In the event that you are not satisfied, and we agree that the work delivered to you by SVP is not within the specification given in the quotation, SVP will provide a full refund of the 25% deposit already paid.
- Once the agreed work has been completed, based on the given quotation, the price is final and is not negotiable – SVP never delivers work considered to be sub-standard by its clients, even for a lower price. If there is a dispute over the work carried out, with the result that SVP does not receive full or final payment, then all work undertaken in relation to that quotation will be deleted.
Information and Data Storage
- SVP does not store any financial data or password information of its customers. The only information that SVP retains is the email, name and address of its customers which is stored as part of the quotation given.
- It is SVP policy to delete, within 90 days, contact information of customers to whom it gave a quotation but who did not have work undertaken.
- SVP reserves the right to maintain a mailing list, which is separate from the customer information list, and this mailing list (will) reside(s) on the secure servers of the mailing company. No copy of this mailing list is kept locally by SVP.
- SVP stores all of the materials created in the pursuance of undertaking agreed works for the customer. These include photographs, videos, documents and code. Once these materials are no longer made available to the customer via file sharing, the materials are archived off and stored electronically on non-networked storage devices for security reasons.
- On request, and in writing, SVP will delete all or any materials relating to the customer or the work that SVP has undertaken for the customer. Please be warned that once this has been done, the process will be irreversible and the customer’s images, files and data will no longer be available.
- We do not pass any information to third parties; this includes email addresses, personal addresses, telephone numbers etc.
SVP may, from time to time, update these Terms and Conditions. SVP will notify you of any changes in the case that you have agreed to have work undertaken by SVP, but that work is still outstanding. SVP always link back to these terms and conditions on all of our quotations, so any customers receiving new quotations will have access to the latest version.
Get in Touch
A good place to start … If you are looking for photographic services or want to promote the rental or sale of your property, then we are sure we can help. You can either enter your name and email below or if you would like to give us some more details, you can use our contact form. Either way we will get back to you ASAP.