TERMS & CONDITIONS
Terms and Conditions
Important Legal Notice
The terms and conditions of this website and the contents of this website shall be governed and interpreted in accordance with the laws of England and Wales and the user and First Vista agree that the English courts shall have exclusive jurisdiction to adjudicate any dispute which may arise out of this website.
This is a legal agreement between First Vista a company registered in England and Wales First Vista and you, the client (“the Client”). These terms and conditions shall apply to Services supplied by First Vista. By commissioning Services from First Vista you agree to be bound by these terms and conditions. First Vista shall be entitled to refuse any order placed by a Client. An order shall only be accepted once confirmation of acceptance has been sent by First Vista to the Client by electronic means to the e-mail address supplied by the Client.
1. Description of Service
i. First Vista provides video pre production, video post production, photographic still image production and video tour services including, without limitation, the filming of property locations and premises (“the Property”), processing and editing video images, creating images capable of streaming, hosting images and video tours on the Client’s web page and / or on the First Vista selected host for these videos as required (“the Services”).
ii. First Vista shall host such images and content relating to a Property on the selected hosting site. There is no charge for the initial hosting.
2. The Client’s warrants and obligations:
i. The Client warrants that the Property to be filmed will be in a suitably presentable condition to enable First Vista to perform the Services requested by the Client.
ii. The Client warrants that they have authority to order and use the Services requested, and will provide First Vista and its representatives access to the Property as is required to enable First Vista to provide the Services.
iii. The Client must ensure that all images and content submitted to First Vista for hosting on its web site do not infringe the copyright, design, privacy, publicity, data protection or any other rights of any third party, nor be obscene, libellous or defamatory of any person or be otherwise unlawful.
iv. Any rights not expressly granted in these terms are reserved.
v. The Client will be liable for the full cost of the Services ordered if First Vista representatives are unable to gain access to the Property at the agreed appointed time. If another appointment is necessary, this will be at an additional cost to be agreed between the parties.
vi. The Client grants First Vista licence to publish, display and distribute video images and video tours of the Property in order to benefit the client. The Client has sole responsibility for any images, content or video tour of the property hosted on YouTube and the Client shall keep First Vista fully and effectively indemnified from and against all liabilities (including legal costs and expenses) suffered or incurred by First Vista and arising directly or indirectly out of the publication, display or distribution of such images, content or video tour.
3. First Vista warrants and obligations:
i. First Vista warrants that it will perform the Services in a professional manner and with reasonable skill and attention.
ii. First Vista warrants that it will perform the Services at the time agreed between the parties. If a First Vista representative fails to arrive for an agreed appointment, the Client may elect for a new appointment at a mutually agreed time, or request a full refund of any money paid in respect of the Services ordered.
iii. First Vista warrants that the quality of the photographs and video taken will be of a good standard. In the event of a justified complaint about the quality of pictures, First Vista may at their sole discretion elect to re-shoot the images or offer a refund of part or all of any money paid.
iv. All graphic representations of the property created with Cad based programs serve as a general guide for spatial representation and orientation of the property. No accuracy or detail included is guaranteed.
v. First Vista retains all artistic and creative control on the production of all images and video content. Client requested
vi. All other warranties express or implied, are hereby excluded to the fullest extent permitted by law. Any liability that First Vista may have, whether in tort or contract, including negligence or otherwise, shall be limited to the total fee paid by the client under this agreement.
vii. First Vista has used all reasonable endeavours to ensure that the First Vista web site complies with relevant UK law however First Vista makes no representations that the materials on its web site are appropriate or available for use in locations outside the UK.
4. Limitation of Liability
i. First Vista shall not be liable to the Client, or any third party, for any damages whatsoever, and in particular First Vista shall not be liable for any special, indirect, consequential, or incidental damages, or damages for lost profits, loss of revenue, or loss of use, arising out of or related to this web site, video product or the information contained in it, whether such damages arise in contract, negligence, tort, under statute, in equity, at law, or otherwise, even if First Vista has been advised of the possibility of such damages.
ii. First Vista shall not be responsible for any delay or failure to carry out Services under this agreement for reasons beyond the reasonable control of First Vista, including but not limited to the acts or omissions of a third party, or the Client’s failure to perform the Client’s own obligations.
iii. First Vista does not guarantee that any of the images produced by it shall be playable on any particular computer system. This section shall survive the termination of this agreement for any reason.
5. Indemnification
The client agrees to indemnify and hold First Vista and employees, harmless from any claim or demand, including reasonable legal fees and costs, made by any third party due to or arising out of client use of the Service, the violation of this Agreement, or infringement by client, or other user of the Service using client’s computer, of any intellectual property or any other right of any person or entity.
6. Charges and Expenses
i. First Vista’s charges and any agreed extras will be fully agreed by both parties before the provision of any Services.
ii. Credit account customers will pay 21 days after the date of invoice. Unpaid invoices will accrue interest at the rate of 4% per annum over the base rate of HSBC Bank plc.
iii. First Vista charges are levied prior to filming through a payment by cheque.
7. Intellectual Property
1. First Vista reserves the following rights on all commissions undertaken:
i. All copyright on images and video created by First Vista.
ii. All other intellectual property rights in and relating to images and video created by First Vista.
2. First Vista is the sole copyright owner of any video and material captured, modified and produced on behalf of clients. Any, modification, replication or other commercial exploitation of any kind, without prior written permission of First Vista is strictly prohibited.
3. All content and design, text, graphics and the selection and arrangements thereof of this website is protected by copyright and other intellectual property rights and is the property of First Vista. If you wish to use the material in this website for any other purpose, please email info@firstvista.co.uk
4. The Client gives permission and First vista reserves the right to use any or all of the video and digital images for First vista promotional, marketing and/or advertising on the owner’s behalf and for promotional material for First Vista in marketing properties for sale and for rental.
5. The Licence to use our products comes into effect from the date of payment of the relevant invoice(s). No use may be made of the Photographs or video before payment in full of the relevant invoice(s) without the express permission of First Vista. Any permission which may be given for prior use will automatically be revoked if full payment is not made by the due date.
8. Data protection
First Vista acts in accordance with the Data Protection Act of 1998.
We respect the privacy of our clients and do not rent, sell or deal in any personal information with third parties.
Any information you provide will be treated in confidence and used only for the purpose for which you provided it.
We respect the privacy of personal email accounts and will not send you unwanted email messages or junk mail.
Your details will not be passed to any organisation outside First Vista without your explicit permission.
9. Property Mis-descriptions Act
1. First Vista will undertake to comply with the provisions of the Act in so far as it refers to visual images.
10. Cancellation
i. First Vista recognises that the Client may need to postpone or cancel an appointment. The Client may postpone an appointment at any time up to 72 hours prior to the scheduled appointment.
ii. Cancellation or postponement of a scheduled appointment for any reason after 72 hours prior to the appointment will incur a charge to cover costs incurred in re-scheduling the appointment.
iii. Part services or cancelled services are payable in full until the date of cancellation or termination of such services.
iv. Payment for edited material that has been uploaded and made available for viewing is to be paid in full before or on the day the first draft viewing is made available. The service is provided on an as is basis however First Vista may at its sole discretion modify or update the material if requested by a client. Additional requested re filming or modification will be charged at £60 (Sixty Pounds per hour). Cancellation after filming has commenced and before post production editing has commenced will be charged at two thirds of the full quoted amount. If any voiceover talent, music or other external service has been ordered, the external service payment is due in full.
11. Termination
i. First Vista reserves the right to terminate this agreement for any reason including non payment of sums due without prejudice to their accrued rights.
12. General
i. First Vista reserves the right to amend this agreement from time to time and will post new versions on their web site.
ii. This agreement shall be governed by the law of England and the jurisdiction of the English Courts.
13. Other Terms
If any provision of this Terms of Use Agreement shall be unlawful, void or unenforceable for any reason, the other provisions (and any partially-enforceable provision) shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent. You agree that this Terms of Use Agreement and any other agreements referenced herein may be assigned by First Vista, in our sole discretion. This Terms of Use Agreement shall apply in addition to, and shall not be superseded by, any other written agreement between us in relation to your participation as a client.
