Terms and Conditions

If the Client utilizes any of the services of Creativ Capture LLC, they are bound to the Terms and Conditions as outlined herein. It is the responsibility of the Client to assume that a Terms and Conditions exists, and that it should be read and understood prior to utilizing the Creativ Capture LLC services.

Creativ Capture LLC retains all rights to delivered material including but not limited to virtual tours, 3D virtual tours, 3D models, 360 photos, 360 video productions, photos and/or video supplied to the Client.  All delivered material produced for the Client is licensed, not sold, and may be used by the Client for all marketing purposes associated with the property in accordance with the current Copyright Law.

Delivered material including virtual tours, 3D Virtual Tours, 3D models, 360 photos, 360 video productions, photos and/or video that are for generic marketing material used by the Client will be licensed for a length of time determined at the time the original estimate is given. A Client who orders 3D Virtual Tours, in addition to the Creativ Capture LLC Terms and Conditions, is subject to the Matterport Terms of Service.

For further information on Copyright Law, please visit https://www.copyright.gov/title17/

For further information on the Matterport Terms of Service, please review the Matterport TOS here.

Additional Usage
Subsequent usage of any deliverable Creativ Capture LLC supplies, such as transferring the deliverable to another agent, trade, or service, requires a separate licensing agreement and an additional fee to be agreed upon.

Creativ Capture LLC may use photos or video for its own promotional material at any time, unless otherwise agreed upon.

Any fees quoted by Creativ Capture LLC are for the original job description as presented by the Client. Any subsequent changes, whether made orally or in writing, may result in additional charges. Estimates are made in good faith of the time and expenses the Company anticipates and any errors and omissions made may be charged at our discretion.

Unless otherwise agreed upon, the Client shall make full payment after the production, and upon receipt of the invoice. Grant of deliverable is conditioned upon receipt of payment in full. Payment may be made by e-transfer, credit card, cash or check. For projects that are over $1000 before GST, a 25% deposit is due before work commences.

If payment terms are not negotiated, a $50 late processing fee will be charged for invoices not paid within 30 days. After 30 days, interest will be charged on past due balances at a rate of 2% a month, commencing from the service date. After 30 days, the $50 processing fee and interest will be charged monthly until the invoice has been paid in full.

Please contact us via email hello@creativcapture.com to schedule your appointment. We will do our best to accommodate last-minute appointments, but please try to give at least a few day’s notice.

Cancellation / Rescheduling
If cancellation or rescheduling is necessary for any appointment, we prefer at least 48 hours of notice.

If cancellation or rescheduling is necessary for any production appointment (photography, virtual tour photography, ground 360 video), a minimum 24-hour notice must be provided, otherwise a $100 minimum charge will apply.

For custom productions, 3D scans, and all aerial services (including aerial 3D scans, photography and 360/non-360 videography), a minimum 24-hour notice must be provided, otherwise a $200 minimum charge will apply.

On site cancellations will incur the full cost of the appointment booked.

Area Preparation
It is essential that the area is prepared for the virtual tour photography, 3D scan, and/or filming appointment and ready upon the arrival of the Creativ Capture LLC technician.

We have created an Area Preparation Checklist. An area that has not been adequately prepared will not be scanned/photographed and must be rescheduled.

If the area is not ready to be scanned/photographed when the Creativ Capture LLC technician arrives (as per the Area Preparation Checklist), the technician may choose to wait until the area is ready, or come back at a different time/day. Waiting, if applicable, is charged at $150 per hour or portion thereof and added to the invoice. If the technician must come back to capture or complete a scheduled scan, a minimum charge of $150 will apply.

Onsite Services
Onsite services such as 3D scans, virtual tour photography and 360 videography can take anywhere between an hour to a full working day to complete (or more), depending on property size and service chosen.

Please contain all pets in an area(s) that will not be captured.

Please try to minimize the amount of people on the property during the appointment. Please do not book other appointments during the production session. Delays incurred on-site falling outside the scope of work required by any member of the Creativ Capture LLC team will be billed to the Client at $150 per hour.

Delivery / Archival
360 images, 3D Virtual Tour scans and panoramic virtual tours (including Google Street/Business View) are typically available between 24 and 48 hours* after the shoot. The images are edited and optimized for quality before delivery to our Clients. Images may be delivered via email (zip file, Google Drive, Dropbox) per special request.

** We monitor model analytics periodically. If model shows drop in activity (hits) within last 30 days we’ll research the MLS and if model (tour) is no longer active on MLS or canceled, we will remove the model off the servers without notice to client. If you wish to continual use of model for marketing purposes there will be a small charge associated for the hosting “after” the property was removed from MLS. It is responsibility of client to contact us prior to model being deleted (usually within 30 of MLS inactivity).

3D Virtual Tour scans are hosted on Creativ Capture LLC personal Matterport Cloud Server, and are licenced to the Client for 1 year starting on the delivery date unless otherwise agreed upon.

Panoramic virtual tours are uploaded to the Creativ Capture LLC web hosting channels, and delivered to the client via web URL and embed URL. The method of licensing is determined during pre-production and will be agreed upon and included with the estimate. The Client has the option to licence the panoramic virtual tour via subscription, or self host and own full content rights for an additional fee to be agreed upon during pre-production.

Google Street View/Business View virtual tours are hosted on the Client’s Google My Business page. The Client has the option to upload and arrange the 360 panoramic photos themselves (upon online delivery from Creativ Capture LLC), or hire Creativ Capture LLC to upload and transfer the virtual tour to the Client at an additional fee to be agreed upon during pre-production.

360 video production times vary depending on the complexity of the project. Completed 360 videos are uploaded to the Creativ Capture LLC YouTube and/or Vimeo 360 channels, and licenced to the client for a length of time determined at the time the original estimate is given. Video files are also available upon request via Google Drive/Dropbox at an additional fee to be agreed upon during pre-production.

The Client will receive an email once the media has been processed, and will receive the deliverable within the email via any of the following depending on the type of deliverable: web URL, embed URL, attached zip file, Google Drive file, or Dropbox file. (If necessary, other forms of online storage can be discussed prior to the appointment date). Additional assistance to obtain the delivered files and step through instructions to uploading or embedding the media to a website can be purchased for an extra fee.
*Delivery times are approximations based on averages. Larger projects with custom requirements take longer to process.

Additional Fees
Travel – A travel fee may apply. If a travel fee applies to your listing, it will be discussed prior to the appointment date, and included in your estimate.

Parking – A parking fee may be applied to your invoice if the Creativ Capture LLC technician incurs this expense to complete the service.

Client Representation
The Client is responsible to be present at the beginning of the shoot to approve the Creativ Capture LLC technician’s interpretation of the assignment. If the Client is not present, the technician’s interpretation shall be deemed acceptable.

The Client hereby indemnifies and holds the Company Creativ Capture LLC harmless against any and all liabilities, claims, and expenses, including lawyer’s fees, arising from the Client’s use of the Company’s work.