Terms of Service

TERMS OF SERVICE

Black+Haus Visuals

 

1. Copyright
   All photographs and videos produced by Black Haus Visuals are protected under the Copyright Act (Canada) and applicable Canadian intellectual property law. Black Haus Visuals retains full copyright ownership of all images and videos produced under any engagement. Delivery of final files to a client does not transfer copyright. Use of our images and videos is permitted only under the terms of the license described below.
    

2. Licensing
   Black+Haus Visuals grants clients a limited, non-exclusive, non-transferable license to use delivered images and videos solely for the purpose of marketing and promoting the specific property or project for which the content was commissioned. This license does not permit resale, redistribution, sublicensing, or transfer to any third party without prior written consent from Black+Haus Visuals. RAW or unedited source files are not included in any deliverable and will not be provided under any circumstances.
    

3. Image and Video Modifications
   Modification of images and/or incorporation of images in any layout or concept shall not constitute a joint work or derivative work. All modifications must be approved by Black+Haus Visuals in writing, apart from cropping for standard formatting purposes. The use of any artificial intelligence tools to modify, enhance, retouch, upscale, restage, or otherwise alter the images or videos in any form is strictly prohibited. Use of images or videos as training data, reference material, or input for any AI or machine learning model or generative AI system is also strictly prohibited. These restrictions apply to the client and any third party to whom images are distributed under this license.
    

4. Usage
   Licensed images and videos may be used on the client's website, social media channels, and marketing materials for the sole purpose of promoting the property or project for which the content was produced. Any use beyond this scope requires a separate written agreement and may be subject to additional licensing fees.
    

5. Payment
   Payment for services is due in full prior to the release of any licensed images or videos. Black+Haus Visuals accepts payment by credit card, PayPal, or bank transfer. Invoices unpaid after 30 days will be subject to an administrative fee of $20.00 CAD per month and interest at a rate of 2% per month on the outstanding balance. These terms are consistent with Ontario's prompt payment practices under the Construction Act where applicable.
    

6. Refunds
   Black+Haus Visuals does not offer refunds for completed services. In the event of client dissatisfaction, we will make reasonable efforts to address concerns and achieve a satisfactory outcome within the scope of the original engagement.
    

7. Indemnification
   The client agrees to indemnify and hold Black+Haus Visuals, its owners, contractors, and agents harmless from any claims, losses, damages, and expenses, including reasonable legal fees, arising out of or connected with the client's use of delivered images or videos, including any use that violates these Terms of Service.
    

8. Lockbox and Property Access
   Where lockbox codes or unaccompanied access to a property are provided by the client, the client assumes full responsibility for the security of the property during the access period. Black+Haus Visuals shall not be held liable for any loss, damage, or security incident arising from unaccompanied access. The client agrees to reimburse any reasonable costs associated with key replacement or lock changes resulting from their provision of access.
    

9. Privacy
   Black+Haus Visuals collects and uses client contact and billing information solely for the purpose of delivering services and fulfilling contractual obligations. We do not sell or share personal information with third parties. Our practices are consistent with Canada's Personal Information Protection and Electronic Documents Act (PIPEDA).
    

10. Modification of Terms
    Black+Haus Visuals reserves the right to update or modify these Terms of Service at any time. Continued use of our services following any modification constitutes acceptance of the revised terms. Clients are encouraged to review these terms periodically.
     

11. Governing Law
    These Terms of Service are governed by and construed in accordance with the laws of the Province of Ontario and the laws of Canada applicable therein. Any disputes arising under these terms shall be subject to the exclusive jurisdiction of the courts of Ontario.
     

12. Agreement
    By engaging Black+Haus Visuals or using our services, you confirm that you have read, understood, and agreed to these Terms of Service.
     

13. For questions or concerns, contact us at blackhausvisuals@gmail.com.