TERMS & CONDITIONS
By ordering Zigna products and services you agree to the following.
All bookings are made through Zigna’s online platform, zignavisual.com. Bookings may also be placed via email for phone.
Zigna reserves the right to change or cancel an order as a result of printing errors, technical problems, delivery issues, force majeure, or similar.
Zigna’s website employs high Internet principles for securing data encryption of all online transactions. Zigna’s website applies Internet “cookies and session variables” to save and store your login information as you use the website. It is strongly recommended that you remember to logout of your account after each session online if you use a public computer/laptop. We only store the information, which you have typed and submitted in the signup ordering process. We do not store any other private or sensitive information.
You automatically give Zigna the right to use the photos taken for you for marketing and advertising purposes (e.g. in newsletters, banners, online and offline advertisement and Social Media as well as print, TV-commercials etc.).
You may at any time object to the registration of information. Should you have any questions regarding the protection of your information, please contact us at firstname.lastname@example.org.
All prices are in USD. Prices are subject to change without notice.
4. Payment Terms
Payment may be made by credit card at the time of the order . A range of Credit cards and Debit cards can be used on the website. zigna will charged your Credit/Debit card at the time of ordering for all charges and services provided, unless other terms are agreed to in writing. Your Credit/Debit card may be billed again after you place an order for extra fees. Examples of extra fees can include add-on products, travel fees, cancellation or no-show fees etc. The photos, floorplans and video content will be hosted for 12 months on our server. After 12 months, you will have the possibility to renew your hosted images and video content for an extra fee. In case legal action is required to collect unpaid balances, you agree to compensate zigna for all expenses related to claim unpaid sums, which includes lawyer’s fees and other legal expenditures.
It is also possible to pay through invoicing. Payment is due upon receipt of the invoice.
Late payments are subject to an interest charge of 1.5% per month. If payments are late, a reminder will first be sent via email.
5. Changing or Cancelling a Booking
Changes or cancellations to a photo shoot booking must happen at least 24 hours prior to the booking. Changes or cancellations less than 24 hours prior to the booking will incur an administrative fee of $75.
Zigna may at any time change or cancel a booking if weather conditions are deemed unfit for the assignment to be completed. You will be informed if this is the case in order to reschedule the booking.
The Realtor/Home Owner needs to provide access to the property to be photographed. If the Realtor/Home Owner is late more than 30 minutes after the scheduled booking time or does not show up to provide access to the property at the agreed scheduled booking time, Zigna will apply the no show fee, which is the entire cost of the booking, and the booking and order is considered done and delivered by Zigna. A new booking can be made online for the full price.
6. Right of Cancellation & Complaints
Zigna has a non-refund policy, which means payments and orders made through Zigna cannot be refunded. Zigna does not offer cancellations/refunds on already ordered bookings, as we deliver a product that is customized and adapted for each customer and order. If you are dissatisfied with the results of an order we will work with you to try and meet your expectations by carrying out a review of the order and/or reshooting the property. Complaints must be filed within 3 working days after a booking is delivered. If no such complaint has been made within this time frame, the booking is considered fulfilled, delivered and approved. Therefore, if you have any additional changes or requests or complaints more than 3 days after the delivery of the booking, you must place and pay for a brand new order online.
7. Responsibilities & Liability
Zigna does not accept any responsibility for delays in bookings as a result of extreme weather conditions, uncommon traffic or transportation conditions, power failures, system failures, system hackings, force majeure or other unanticipated events.
Zigna does not accept responsibility for damage to personal artifacts or property made during a photoshoot. Zigna will not cover claims for compensation as a result of this. You agree that Zigna is not liable for any damage to personal artifacts or property and does not cover the cost for this.
Zigna does not accept any responsibility for how the delivered products are used or applied by the customer. All liability remains with the customer.
Zigna does not accept responsibility for missing pets during a booking.
Independently contracted suppliers (i.e. the photographers) provide all services. Zigna and it’s independently contracted suppliers (i.e. photographers) are not liable for any negligence, damages, or any wrongdoing on the part of the independent suppliers. Zigna and its independently contracted suppliers are not responsible for damages, delays or failures in performance resulting from acts or occurrences beyond our reasonable control such as acts of God, weather, or other uncontrollable conditions that prohibit services from being rendered as promised. This includes hurricanes, tornadoes, earthquakes, and acts of terrorism.
Zigna does not accept responsibility for weather conditions during a booking. Zigna guarantees Blue Sky on outdoor photos when it is not heavly raining or snowing, but not on indoor photos with window views.
If new outdoor shots are requested it must be ordered as a Seasonal Update.
Zigna cannot guarantee photos taken of amenities and common areas at co-ops, condominiums and apartment buildings, since such buildings often have restricted rules in regards to photography and video. However, an attempt to photograph these common areas and amenities will be made if requested.
8. Limitations of Liability
As a representation of the property, Zigna does not decide or authenticate the accuracy or correctness of floor plans, furnishing colors, furniture placement or the correctness of any other item in regards to the dimensions, scale, actual layout, or color accuracy of the images used to present the property. Zigna accepts no liability for the accuracy or correctness of any of these elements. If for any reason a lawsuit occurs that causes a customer of any Zigna product or service to bring lawsuits against Zigna or any of its subsidiaries, affiliates, subcontractors or employees, it is hereby agreed that the maximum compensation for damages given to those using Zigna’s visualization services and/or platform would be a total amount not greater than the amount paid to Zigna, its subsidiaries, affiliates, subcontractors or employees who may be acting on Zigna’s behalf for its products or services. The accuracy and correctness of products delivered by Zigna is to be verified by the Customer.
9. Delivery Times
Images are usually delivered within 24 hours following a completed booking during Sunday through Thursday. Images and other products are usually delivered within 48 hours of the order being completed for the product. Images and other products are usually delivered within 48 hours following a completed booking during Friday and Saturday.
This is subject to external factors as specified in section 7.
10. Preparation for photography
Clients must ensure that a property is in a clean and tidy condition prior to photography. Photographers cannot be responsible for moving items, cleaning or tidying up a property or rooms within the property before, during or after a booking. When a booking is placed, a Preparation Guide will be shared which will help the realtor or home owner in preparation for the session. However, should a photographer assess during the booking that the property is not in an acceptable condition for photography, the realtor or home owner will be informed and a new booking will be offered. This will incur an administration charge of $100. If the client wishes the session to be continued despite this, Zigna cannot be held responsible for the outcome of the delivered images.
Additional fees may be added to your photography shoot. These include: travel outside of our normal service area, parking fees, late fees, no-show fees, etc. Contact Zigna for more details.
In the event the photographs do not meet our standards of quality and professionalism, we will re-shoot the property at no charge to you (See article 7). If you request additional photographs or services for seasonal changes, or night shoots, or just additional images, then additional fees will apply.
When the home is photographed Zigna customers are responsible for the following:
- Ensure that the property is made available with access for the photographer to all areas of the property that will be shot.
- Ensure that the property is photo ready and clean (please read the online Preparation Guide for tips and tricks for the photography, prior to the shooting).
- In case the property is not ready for photography, the Zigna photographer may choose to cancel photography. 12-hour notice to the Zigna photographer is required or a new shoot fee may apply.
- If the Zigna photographer arrives at the property and it is untidy, the Zigna photographer will declare the property as not photo ready but will shoot the property.
- If the customer is not pleased with the photos because of the unreadiness of the property for photography and would like to have the property re-shot, a new shooting fee and any other relavent fees will apply, which means a brand new order must be placed and paid for if you would like to have the property reshot.
High-resolution photographs are provided to you for your marketing purposes. These files will be available to download for up to 3 months after the photo shoot. After this time, the files are archived and a fee will be charged if you require the original files. Not all files can be retrieved/unarchived.
12. Express Bookings, Weekend Bookings, and Transportation Fees
If a booking is to be conducted no later than the next working day, a $75 express fee will be added.
If a booking is to be conducted during a weekend or national holiday, a $75 express fee will be added.
If a property is located so that the photographer will incur road tolls and/or parking fees, these tolls and fees will be added to the final invoice.
13. Weather Conditions
Our photographers will always endeavor to make bookings on days when the weather forecast bodes no rain or snow. In case of rain, exterior shots can be scheduled for another time. However, this will incur an administration fee of $75.
Customers may not upload copyrighted material to Zigna servers. Customers accept all responsibility for validating a customer’s copyright or authorization to use any digital upload, whether text, audio, video, or an image on Zigna’s servers. If a customer does not hold the copyright to a particular digital file a customer wishes to upload, the customer must provide written proof to Zigna that they have authorization and consent from the copyright holder to upload the digital file. Zigna will not provide audio files to be used for background audio. Zigna has the copyright to any video, floorplans or imagery created and provided by Zigna and Zigna photographers. Customers hereby free and release Zigna and accepts responsibility for any copyright contravention enforcement if such enforcement appears.
15. Internet Presentation
All images shown on the Internet are the property of zigna’s customers have the unlimited rights to use these pictures as they find suitable. Properties that are photographed may be put on our websites and social media profiles and will be made available for public viewing. Your name and contact information might also be attached to these pictures/video content/listings and might be showed online and can be found by search engines. zigna might send your listing data to other real estate portals and websites (for instance Realtor, MLS etc.) for boosting and increasing the exposure of your listings. If you do not want this to take place, you can request that we do not send your listing data to third party firms. zigna is not responsible in the event other third party websites. We do not guarantee the correctness, accessibility or content from third party firms’ websites. Customer is liable to authenticate zigna presentation is compatible with brokerage, brand firm and real estate association’s rules and regulations regarding presentation of listings and advertising. You may be granted a limited, nonexclusive right to use the URL link to our website or any property on this website as long is it does not portray Zignavisual or its photographer or any of its other products or services in a false, misleading, derogatory, or otherwise defamatory manner. This limited right may be revoked at any time for any reason whatsoever.
16. Floor plans
Floor plans are for visual purposes only and have been sketched to demonstrate a creative visual illustration to potential buyers/renters to assist clients in showing an example of how a property looks.
Zigna floor plans are in no way intended to violate the rights of the original architect. Because it is impossible to tell what copyrights might exist on a property it is the responsibility of the customer to ensure and guarantee that the proper copyright credit is given to the architect if the customer requires this is obligatory.
Customers hereby forgive and free Zigna and agree to accept full responsibility for any copyright violation enforcement if such prosecution occurs.
Since floor plans are a rough graphic drawing, the floor plans are not guaranteed or promised to be precise or accurate when it comes to dimensions or actual floor plan layouts. Zigna accepts no liability as to the correctness or accuracy of these floor plans. If for any reason lawsuits or litigations occur, which causes the customer of these floor plans to bring litigation or lawsuits against Zigna, it is hereby agreed that the maximum compensation for damages that could be given to those using the floor plans in any way would be a total amount not greater than the amount paid to Zigna. Zigna does not verify the correctness/preciseness/accuracy of these floor plans. Precision is to be verified and proven by the Customer.
17. Image Rights
Clients have exclusive unlimited usage rights in perpetuity to the images created for them by Zigna. Zigna will not re-sell or assign usage rights to said images for any purpose to any third party.
Unless Zigna has entered into a specific agreement with a client, all images, and the rights relating to them, including copyright and ownership rights, remain the sole and exclusive property of Zigna. Zigna has the right to use images for the purpose of marketing and promoting Zigna products and services.