By using this website and / or placing an order with Agents Aperture Ltd, you are indicating that you have read these terms and conditions of use and our privacy policy (as applicable) (collectively the “agreement”) and that you understand and consent to be bound by, all of the terms and conditions of agreement.
These terms and conditions may be revised at any time and you are advised to review them regularly as they are binding to anyone using our services and website.
Agents Aperture is the trading name of Agents Aperture Ltd.
Agents Aperture’s company registration number is: 09575211
Agent’s Aperture Limited’s VAT registration number is: 254 0706 24
Agents Aperture Limited’s phone number is: 01622 204850
Client = Home owner
Agent = Estate agent
1. Ordering
1.1 Orders can only be accepted via our online booking form (from within the log in area) from registered users. Once an order has been submitted an email that contains the order details will be sent to the agent. It is the responsibility of the booking agent to check all the information and inform us within 1 hour of any errors.
1.2 Once an order has been received we will contact the client (or booking agent) in order to arrange a suitable time for the visit.
1.3 Once the visit time has been confirmed with the client the booking agent will be informed via email of the arranged date and time.
1.4 Orders may be declined for the following reasons:
1. Our terms and conditions are not met or agreed to
2. There has been a description error (including pricing)
3. The service is no longer available
4. Overdue invoice
1.5 Upon completion of work, digital files (including links) will be delivered electronically and available for download from the company cloud.
2. File delivery and storage
2.1 Upon completion of each job, the final files (or links) will be sent to the branch the next working day.
An email will be sent that contains a link to the company cloud where the files can be downloaded.
2.2 Files will be stored on the company cloud and will be accessible for no longer than 30 days. Once removed from the company cloud all files will be archived.
2.3 Non digital files such as brochures etc. will be delivered directly to the booking branch.
2.4 For interactive floor plans and virtual tours a link will be sent that can be either embedded into other websites or used as a direct link.
2.5 Content hosted on the Agents Aperture website (360 tours, interactive floor plans etc.) will remain online for a total of 1 year from the date of the actual house visit. If after 1 year the content is still required there will be additional charges to cover our hosting costs.
3. Payment
3.1 Regular clients will receive an invoice via email at the end of each month.
3.2 All invoices must be paid within 30 days unless otherwise agreed in writing.
3.3 Non regular clients must pay for bookings in advance. Once payment in full has been received the booking will be arranged.
3.4 Overdue invoices will incur interest at a rate of 8% plus the bank of England base rate on the amount overdue. This does not include the costs for recovering unpaid amounts through legal channels.
4. Cancellation and returns policy
4.1 Once a job has been completed and all files sent to the booking agent or client no refund can be issued. This does not affect your statutory rights.
4.2 In the event of not being able to access a property on the scheduled day of the visit (access denied by client for example) the booking will be charged in full without an obligation to re-visit at a later date.
4.3 We must be informed of any cancellations no later than 24 hours prior to the booking time. If any booking is cancelled with less than 24 hours notice the job will be charged in full, this is due to the high probability that the slot will not be able to be filled at such short notice.
5. Photography
5.1 The entire copyright of our photographs is retained by Agents Aperture at all times throughout the world.
5.2 The booking agent must be aware that they are responsible for the presence of an authorised representative at the shoot to approve the photographers interpretation of photography. If an agent or representative is not present our photographer’s interpretation shall be deemed acceptable.
5.3 Client’s are expected to have the property ready for and staged so as to enable us to undertake our services within the allocated time frame. Properties will be photographed as they are presented upon the arrival of the photographer.
5.4 Outbuildings, garages and annexes will not be photographed unless requested by the agent in writing at the time of placing the order. Roof rooms with no fixed staircase will not be photographed.
5.5 In the event of high winds no elevated mast photographs will be taken. Eye level photographs will be taken instead and will be charged at 50% of booking fee in order to cover our costs.
5.6 A booking is for one visit only and in the event of a requested re-visit due to a building not being ready at the scheduled time re-visit charges will apply.
5.7 The parties mutually acknowledge that photography is an art and its appreciation is subjective. Further, the images produced by photography can be adversely affected by lighting and environmental factors beyond the control of either party. Although We will make every reasonable effort to take photographs which will be aesthetically pleasing to the Agent and Client, we shall have no liability based on the fact that an Agent or Client simply does not like the photographs or in the event that an Agent or Client has been unreasonable in determining what constitutes a good photograph. We do offer a re-shoot if it can be shown that the photographs were not adequate in complying with the order. The Agent can contact us and request that we take further photographs within 48 hours of the initial booking being carried out and we will re-shoot, but only on the basis that we are satisfied that this is the fault of our photographer. We will not charge a further fee for that service. If we can establish that it is not the fault of the photographer, then our usual costs and charges for a re-shoot will apply, at full price.
6. Floor plans
6.1 Floor plans are for illustrative purposes only and are drawn purely to provide a visual guide of the property layout. No appliances have been tested and drawing them does not imply they are in working order. It is the responsibility of the client to check that the floor plan is a reasonably accurate representation of the property. All floor plan data including measurements are approximate and no responsibility is taken for any error, mis calculation or misstatement.
6.2 Floor plan areas (per floor and total) are provided as a guide only and are calculated by measuring wall to wall (where possible). The total area of each floor includes stairways and landings. Roof rooms and areas of restricted head height will be measured at floor level. Bay window area calculations will only be added if it is possible to physically walk into the area.
6.3 Floor plans that are re-drawn using a plan provided by the client will be drawn as a direct copy. Agents Aperture accept no liability for their accuracy.
7. Day to Dusk Editing
7.1 If Agents Aperture have not taken the shot that will be converted, a high resolution image must be provided to us.
7.2 The Day to Dusk conversion process does not involve visiting the actual property. The conversion will be done solely a digital editing program.
7.3 Only lights that are visible will be digitally illuminated. If there are lights that are hidden and therefore not visible in the photograph they will not be illuminated unless specific instructions are provided prior to the image being converted.
7.4 We aim to send the converted images back within 24 hours.
8. Virtual Staging
8.1 If Agents Aperture have not taken the shot that will be digitally staged, a high resolution image must be provided to us.
8.2 Rooms / areas that are to be staged must be entirely free from furniture etc. If furniture is present, it will need to be removed and this will incur additional costs.
8.3 Specific requests for furniture placement must be requested at the time of the order as they cannot be accommodated once the image has been digitally staged without incurring additional charges.
8.4 We aim to send the final digitally staged images back within 48 hours.
9. Photo editing
9.1 All photos will be edited as necessary at the editors discretion to a basic level which includes:
(a) Straightening
(b) Cropping
(c) Adding a blue sky
(d) Brightening and darkening
(e) White balance
9.2 Object removal such as a skip or wheelie bin on a drive is advanced editing and will be charged additionally.
10 Video editing
10.1 All videos will be edited to a basic level at the editors discretion.
10.2 Other video services such as a drone flight, adding audio or night time shooting will be charged additionally.
11. Limitation of liability
11.1 The Supplier shall not be liable to the Agent, whether in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising under or in connection with the Contract for:
(a) Loss of profits
(b) Loss of sales or business
(c) Loss of agreements or contracts
(d) Loss of anticipated savings
(e) Loss of use or corruption of software, data or information
(f) Loss of damage to goodwill
(g) Any indirect or consequential loss
11.2 The Supplier's total liability to the Agent, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Contract shall be limited to the total Charges for the Services paid under the Contract.
11.3 The terms implied by sections 3 to 5 of the Supply of Goods and Services Act 1982 are, to the fullest extent permitted by law, excluded from the Contract.
12. Miscellaneous
12.1 All images produced for an Agent may be used by the Agent only for any and all marketing materials and campaigns associated with the Property and the Agent’s self promotion. The photographs may also be used by the Agent’s parent company for the sole purpose of marketing the specific property photographed. Ownership of the images remains with Agents Aperture Ltd, and a license is granted only to the Agent and Agent’s parent company, and not to any third party. Any usage of the images by a third party, including but not limited to, developers, architects, builders, designers, sellers or buyers, is strictly prohibited unless approved in writing by Agents Aperture Ltd.