Terms + Conditions

These services are provided by Sona Visual™, a division of Sonapix Media Group, which is registered in Alberta, Canada under Sonapix Inc (“Sonapix”). Please send all correspondence to Sona Visual™, 203-2916 19 St NE, Calgary, Alberta T2E6Y9. Tel: +1 403 980 9395 

1. Please read these terms and conditions (the “Terms”) carefully. By accessing and using our website, or any apps or booking services, and any content, features, photographs, videos, measurements, floor plans, and other services provided therein (together, our “Work”), you indicate your acceptance of these Terms, the Privacy Policy and any other notices, guidelines, and rules published by Sonapix on our Services from time to time (each of which is incorporated into the Terms by this reference). The Privacy Policy can be accessed from links at the bottom of our web pages at http://sonavisual.com.
2. If you do not accept these Terms please do not access and/or use the Services.
3. Sonapix may update these Terms at any time. Please review the Terms regularly to ensure you are aware of any changes. Your continued access to and/or use of our Services after changes have been made to the Terms indicates your agreement to be legally bound by the updated and/or amended Terms.

USE OF OUR SERVICES

4. You agree to use our Work for lawful purposes only and in a way that does not infringe the rights of or restrict or inhibit any person’s use and enjoyment of our Work and in compliance at all times with these Terms and with all laws and regulations that apply.
5. In using our services, you agree not to adapt, alter or create a derivative work from any content provided to you, whether by adding or removing material from the Work. You will need our prior written permission if you want to use any content from our Work for any other reason. Alterations shall be deemed to include the addition of any illustrations, photographs, videos, sound, text, or computerized effects.
6. Any personal information supplied to us as part of the registration process and/or other interaction will be collected, stored, and used in accordance with our Privacy Policy. We have the right to refuse service to any client, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of these Terms.
7. By engaging our services, you agree and acknowledge that our team may need to handle or reposition items onsite as necessary to capture the “property”. While our team will exercise reasonable care when moving or touching items, we are not liable for any accidental damage(s) or loss to personal property occurring during the performance of our services.
8. If there are any items that should not be touched or moved during the session, you must expressly notify us in writing prior to the scheduled appointment. Any edits required to digitally remove or alter the appearance of these items will be classified as “Advanced Edits” and will incur additional fees at our standard editing rate.

INTELLECTUAL PROPERTY RIGHTS

9. All rights not expressly granted to the client are reserved to Sona Visual™, including but not limited to all rights in preliminary materials and all electronic and non-electronic rights. For purposes of the Terms, electronic rights are defined as rights in the digitized incumbent form of works that can be encoded, stored, and retrieved from such media as computer disks, CD-ROM, USB, computer databases, network servers, and any other digital format known now or later.
10. All information, data, text, documents, graphics, logos, designs, images, pictures, photographs, videos, podcasts, weblogs, RSS feeds, widgets, embeddable media players, software, interactive features, advertisements, or other content, or our services, are protected by copyright, trademarks, database rights, and other intellectual property rights and are owned by or licensed to us or are otherwise used by us as permitted by applicable law or regulation. Nothing contained herein shall be construed as conferring by implication, estoppel, or otherwise, any license or right to use the Materials other than as permitted in these Terms. All such content as listed above and copyrights or trademarks, provided to Sona Visual by clients, is considered to be owned or licensed by the client, and such license is granted to Sona Visual for use, reproduction, and delivery when commissioning for any work.
11. The ownership of the Work shall remain the property of Sona Visual™. Sona Visual™ reserves all reproduction rights, including the right to claim statutory copyright, in the Work.  Except as specifically permitted in our client agreements, you undertake not to copy, store in any medium (including on any other website), distribute, transmit, re-transmit, re-publish, broadcast, modify, or show in public any part of our Work without the express, written consent of Sona Visual™. All approved reproductions shall bear the following copyright notice: Copyright © Sona Visual™ 2012. All rights reserved.
12. All media published on behalf of Sona Visual™ on YouTube or any alternate social media avenues or websites operated by Sona Visual™ and its officers, employees, or contractors for the purpose of marketing and promotion is subject to being branded by the company. Media files are provided to the client for their own discretion on upload and optimization. All residential video projects are tagged with Sona Visual™ Branding in an effort to reduce the cost to the residential real estate market. This branding can however be requested for removal for a fee of $75 per project.

GRANT OF RIGHTS

13.  Upon receipt of full payment, Sona Visual™ grants to the Client the following rights in the Work: A non-exclusive, non-transferable right and limited license for use online on the Client’s website, any social media pages, any property listing websites, and on other promotional avenues specifically targeted towards marketing the said project. The Client may not sell the product, alone or in combination with any other material unless a transfer of copyright has been issued from Sona Visual™. It is upon the Client to inform any third parties, including but not limited to, contractors, interior designers, and homeowners, that any media (photographs/video and other) can only be used by such third parties under licenses purchased from or granted directly by Sona Visual™. 

LIMITATION OF LIABILITY

14.  In the unlikely event that all or some of the photographs, videos, measurements, floor plans, or other works fail to materialize or there is total photographic failure due to reasons beyond Sona Visual’s control, the liability of Sona Visual™ will be limited to the refund of all money paid towards that portion of the project. If the final product has been delivered to the client for a period of 10 days, Sona Visual™ carries no responsibility for the loss of such material from our archive drives. Neither party shall be liable for indirect or consequential losses. In any event, the limit of Sona Visual’s liability shall not exceed the Package Price.
15. You accept that Sona Visual™, a division of Sonapix Inc., a limited liability entity, has an interest in limiting the personal liability of its officers and employees. You agree that you will not bring any claim personally against Sonapix Inc.’s officers or employees in respect of any losses you suffer in connection with the website or any of the services offered by the company. Sonapix Inc. does carry Errors & Omissions insurance for its measurement and floor plan services, as well as general commercial liability insurance.

TRAVEL

16.   Jobs outside a 25-kilometer radius from the city center, or outside city limits could incur a travel charge. Travel charges are applied at the discretion of Sonapix, and overnight accommodation will be charged to the Client if necessary.

WEATHER AND CONDITIONAL CIRCUMSTANCES

17.  Sona Visual™ will take every care to the performance of this Agreement. But Agreement is subject to Acts of God beyond our control; i.e. Fire or Police action.
18. Rain, Smoke, or Shine: We perform scheduled services, rain smoke, or shine! We want you to know that we are fully capable of capturing stunning images of your property, no matter the weather conditions. Please be advised that cancellation fees remain in effect in the event of inclement weather.
19. Sky Replacements: If the weather turns out to be unfavorable on the day of your shoot, we offer complimentary sky replacements. We want to ensure that the images we capture showcase your property in the best possible light, so we go the extra mile to ensure you’re satisfied with the final product. Of course, we hope for good weather on the day of your shoot, but if it doesn’t cooperate, rest assured that we have you covered.
20. Community Photos: Our ability to capture community shots (including, but not limited to, schools, playgrounds, pools, and parks) is dependent on the accessibility of these areas. Our photographers will make their best efforts to capture all requested photos, however, if an area is occupied and our techs determine that it is not appropriate or safe to photograph at the time of being on-site, we reserve the right to not capture these images. If we are unable to provide requested community shots, we will adjust your final invoice accordingly by either reducing or removing the charges, depending on the situation and what we are able to capture.
21. Aerial Flexibility: Bookings that include drone capture require flexibility and are subject to change depending on the weather and access, as drones have limitations to when it is safe to fly them. Reschedules or cancellations to the aerial portion of your booking due to flight permissions, excessive smoke, or weather will not be subject to cancellation fees.

RELEASES

22. The Client agrees to indemnify and hold harmless Sona Visual™ against any and all claims, costs, and expenses, including attorney’s fees, due to uses for which no release was requested, uses which exceed the uses allowed pursuant to a release, or uses based on alterations not allowed pursuant to Paragraph 5.

PACKAGE SELECTION, PAYMENT & PRICES

23.  Client must select a service, and receive an email confirmation for a project to be considered booked. There will be a $50 fee, or 20% of the total package price; whichever is greater (including all travel costs if applicable) applied to cancellations made less than 24 hours’ notice prior to session time. Cancellation times apply to business hours – 9:00 am to 5:00 pm Monday to Friday. All payments must be made in full, on or before the time of product delivery. In the event that no one is at the premise where the session is to take place for 15 minutes after the session start time, the Photographer, Videographer, or other service provider will leave and the Client will be charged a $100 ‘no show’ fee, or 20% of total package price; whichever is greater (including all travel costs if applicable). Any cancellation made on-site, before or during the scheduled appointment, will be subject to a $100 on-site cancellation fee per service (including all travel costs if applicable). The session ends once the Service Provider has left the premises, and if the Client chooses to add services after this point, it will constitute a separate assignment.
24. Substantial cleaning and staging required prior to photography for unprepared properties will be billed at $150 per hour. (Billed in 15-minute increments). Additional production on location will also be billed at $150/hr for a crew of 1. A crew of two (generally only for custom video projects) will be billed at $275/hr for additional production on location.
25. Parking fees must be covered by the Realtor or booking party. Any charges incurred by the team on site will be added to the invoice for reimbursement. Weekend bookings are subject to a $30 – $75 add-on and are accepted at the discretion of the Sona Visual Team. Matterport 3D hosting fees of $15/month will apply after the initial free hosting period ends. If you wish to cancel the cloud hosting and have the tour removed from being publicly available online, you must contact our team and receive confirmation of cancellation a minimum of 3 business days before the end of your free hosting period.
26. Prices are subject to change without notice. Please contact us for an updated price list.
27. There will be a maximum of one set of edit requests per video production (if applicable on the selected package) or photo session, if required by the client. Commercial video projects may have a maximum of three edit requests (if applicable on the selected package). Additional edit requests will be charged at $150/hr (minimum 1 hour).
28. Payment for services rendered is independent of, and not contingent upon, the sale of the property. The obligation to remit payment remains unaffected by any circumstances, including but not limited to, the sale of the property occurring prior to the receipt of deliverables or the property failing to sell within a specified timeframe. Should services be performed beyond the designated cancellation period, payment in full shall be due and payable.

DELIVERY DATE

29.  Sona Visual™ agrees to deliver the final images for residential real estate within 2 business days from the session date. Videos can take from 2 to 7 business days to complete, and even longer for custom projects; and will be delivered accordingly. Measurements are usually delivered the same day (if the property is completed being measured before 4:30 pm Monday to Friday), and Floor Plans can take 1-2 business days. Delivery times for other services not listed should be discussed with the Sona Visual™ office. If the Client requests a specific delivery date, arrangements can be made and a new delivery date shall be agreed upon mutually. Commercial projects require additional business days before delivery, but arrangements can be made if requested by the client, and a new delivery date shall be agreed upon mutually.
30. All information, ie. property description, logos, contact information, etc must be provided to Sona Visual™ before the session date to avoid delay of delivery. Failure to provide information, or inadequate communication with the production team for a period of 3 days will result in the project being logged in ‘queue’. A $75 fee will be charged to un-log a project. Inadequate communication for 10 days will result in the project being archived. A $150 fee will be charged to unarchive the project. All files are deleted from archives after 6 months.
31.  Completed projects must be downloaded by the client within 10 days from delivery date. After this point, the projects are archived. A $50 fee will be charged to unarchive completed projects. Projects can only be un-archived up to 6 months from the delivery date, at which point they are deleted and can no longer be recovered. Matterport 3D Capture data is only kept for a period of 15 days from delivery; if modifications are required they must be completed within this period of time. After the 15-day period is up, Capture data is deleted.

AFFILIATES

32.  As an affiliate of Sona Visual™, you agree to thoroughly read through our website content and familiarize yourself with our services.  You represent the Sona Visual brand when speaking to prospective clients, and therefore must do it with the utmost respect, and professionally. You are not an employee of Sona Visual, and you acknowledge that you cannot engage in any responsibility or contract any obligation on behalf of Sona Visual under any circumstances.

PROPERTY ACCESS

33.  In booking our services and providing an address, the Client is confirming they have the authority to provide Sona Visual™ access to the property, and that proper notice has been given to any of the residents, tenants, and other occupants of the property. The Client is liable to ensure there are no dangers present, including but not limited to unsecured or unsafe structures and uncontrolled animals.

MISCELLANEOUS

34.  A waiver or any breach of any of the provisions in this Terms agreement shall not be construed as a continuing waiver of other breaches of the same or other provisions hereof.