Terms and Conditions
Terms and Conditions
In using this website you are deemed to have read and agreed to the following terms and conditions:
The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and any or all Agreements:
“Client”, “You” and “Your” refers to you, the person accessing this website and accepting the Company‟s terms and conditions. “The Company”, “Ourselves”, “We” and “Us”, refers to our Company. “Party”, “Parties”, or “Us”, refers to both the Client and ourselves, or either the Client or ourselves. All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner, whether by formal meetings of a fixed duration, or any other means, for the express
purpose of meeting the Client‟s needs in respect of provision of the Company‟s stated services/products, in
accordance with and subject to, prevailing Canadian Law. Any use of the above terminology or other words in the singular, plural, capitalization and/or he/she or they, are taken as interchangeable and therefore as referring to same.
Major Credit/Debit Cards or Paypal transfer are acceptable methods of payment for online services via PayPal system. Our Terms are payment in full before submitting your photos. Cash or Personal Check or major Credit/Debit Cards or Paypal transfer via PayPal system are acceptable methods of payment for conventional staging services. Our Terms are payment in full upon completion of conventional staging visit.
All products – written reports, advice, licenses for photos and images etc remain the property of the Company until paid for in full. Monies that remains outstanding by the due date will incur late payment interest at the rate of 2% above the prevailing Bank of Canada base rate on the outstanding balance until such time as the balance is paid in full and final settlement. We reserve the right to seek recovery of any monies remaining unpaid fifteen days from the date of invoice via collection Agencies and/or through the Small Claims Court in the event that the outstanding balance does not exceed $5000. In such circumstances, you shall be liable for any and all additional administrative and/or court costs.
Cancellation and Refunds Policy
Both the Client and ourselves have the right to terminate any Services Agreement for any reason, including the ending of services that are already underway.
However, please, note that our products are priced according to the time we spent working on any particular project. We start working on your order right away to insure timely delivery. Once you make the payment our service is deemed to have begun and is, for all intents and purposes, underway. Therefore no refunds shall be offered, and any monies that have been paid to us which constitute payment in respect of the provision of unused Services, shall be refunded.
Notification of cancellation for instance, in person, via email, mobile phone „text message‟ or any other means will be accepted subject to confirmation in writing. We reserve the right to
levy a $50 charge to cover any subsequent administrative expenses.
FPImages digital products – photos and images are designer’s suggestions only. There is no warranty of any kind with regards to real life attributes of the depicted objects such as dimensions, scale, colour, texture, positioning etc. It is Client’s responsibility to relate these limitations to third parties.
Photos and Images Rights and Licensing
FPImages assumes that Client has legal rights to use original photos for the purposes as described below.
FPImages digital products – photos and images are copyrighted and are used under Editorial Rights Managed Limited License and maybe used for:
-marketing presentation of the Commercial Clients real estate listed for sale on-line or in print;
-personal use in home redesign projects or property sale by owner;
Personal use of FPImages digital products – photos and images has no time limit.
Commercial Clients(Businesses) are required to contact FPImages to obtain the license.
It is also not allowed to make images available for download online.
You are solely responsible for evaluating the fitness for a particular purpose of any downloads, programs and text available through this site. Redistribution or republication of any part of this site or its content is prohibited, including such by framing or other similar or any other means, without the express written consent of the Company. The Company does not warrant that the service from this site will be uninterrupted, timely or error free, although it is provided to the best ability. By using this service you thereby indemnify this Company, its employees, agents and affiliates against any loss or damage, in whatever manner, howsoever caused.
Links to this website
If you do create a link to a page of this website you do so at your own risk and the exclusions and limitations set out above will apply to your use of this website by linking to it.
Links from this website
We do not monitor or review the content of other party‟s websites which are linked to from this website. Opinions expressed or material appearing on such websites are not necessarily shared or endorsed by us and should not be regarded as the publisher of such opinions or material. Please be aware that we are not responsible for the privacy practices, or content, of these sites. We encourage our users to be aware when they leave our site & to read the privacy statements of these sites. You should evaluate the security and trustworthiness of any other site connected to this site or accessed through this site yourself, before disclosing any personal information to them. This Company will not accept any responsibility for any loss or damage in whatever manner, howsoever caused, resulting from your disclosure to third parties of personal information.
Copyright and other relevant intellectual property rights exists on all text relating to the Company‟s services and the
full content of this website.
We have several different e-mail addresses for different queries. These, & other contact information, can be found on our
link on our website or via Company literature or via the Company‟s stated telephone or
mobile telephone numbers.
Neither party shall be liable to the other for any failure to perform any obligation under any Agreement which is due to an event beyond the control of such party including but not limited to any Act of God, terrorism, war, Political insurgence, insurrection, riot, civil unrest, act of civil or military authority, uprising, earthquake, flood or any other natural or man made eventuality outside of our control, which causes the termination of an agreement or contract entered into, nor which could have been reasonably foreseen. Any Party affected by such event shall forthwith inform the other Party of the same and shall use all reasonable endeavors to comply with the terms and conditions of any Agreement contained herein.
Failure of either Party to insist upon strict performance of any provision of this or any Agreement or the failure of either Party to exercise any right or remedy to which it, he or they are entitled hereunder shall not constitute a waiver thereof and shall not cause a diminution of the obligations under this or any Agreement. No waiver of any of the provisions of this or any Agreement shall be effective unless it is expressly stated to be such and signed by both Parties.
The laws of Canada and Nova Scotia govern these terms and conditions. By accessing this website and using/buying our services you consent to these terms and conditions and to the exclusive jurisdiction of the Canadian courts in all disputes arising out of such access. If any of these terms are deemed invalid or unenforceable for any reason (including, but not limited to the exclusions and limitations set out above), then the invalid or unenforceable provision will be severed from these terms and the remaining terms will continue to apply. Failure of the Company to enforce any of the provisions set out in these Terms and Conditions and any Agreement, or failure to exercise any option to terminate, shall not be construed as waiver of such provisions and shall not affect the validity of these Terms and Conditions or of any Agreement or any part thereof, or the right thereafter to enforce each and every provision. These Terms and Conditions shall not be amended, modified, varied or supplemented except in writing and signed by duly authorised representatives of the Company.
Disclaimer Exclusions and Limitations
The information on this web site is provided on an “as is” basis. To the fullest extent permitted by law, this Company:
-excludes all representations and warranties relating to this website and its contents or which is or may be provided by any affiliates or any other third party, including in relation to any inaccuracies or omissions in
this website and/or the Company‟s literature;
-excludes all liability for damages arising out of or in connection with your use of this website. This includes, without limitation, direct loss, loss of business or profits (whether or not the loss of such profits was foreseeable, arose in the normal course of things or you have advised this Company of the possibility of such potential loss), damage caused to your computer, computer software, systems and programs and the data thereon or any other direct or indirect, consequential and incidental damages.
The above exclusions and limitations apply only to the extent permitted by law. None of your statutory rights as a consumer are affected.
Notification of Changes
The Company reserves the right to change these conditions from time to time as it sees fit and your continued use of the site will signify your acceptance of any adjustment to these terms. You are therefore advised to re-read this statement on a regular basis.
These terms and conditions form part of the Agreement between the Client and ourselves. Your accessing of this website and/or undertaking of a booking or Agreement indicates your understanding, agreement to and acceptance, of the Disclaimer Notice and the full Terms and Conditions contained herein. Your statutory Consumer Rights are unaffected.