Terms Of Service

Table of Contents

Real Estate Photography

Terms of Service – Real Estate Photography

 

Acknowledgement

By using Skyward Advertising, LLC (AKA, The Firebrand) services you are bound by and agree to all of the following terms and conditions. We reserve the right to amend the Terms of Service at any time without notice and your continued use of our services after such changes constitutes an agreement to those amended terms and conditions.

Also by using The Firebrand services you agree to our Privacy Policy: LINKED HERE

 

Travel Expense & Fees

The Firebrand provides services within a 30 miles radius of our operating area (30 miles of Wagoner Oklahoma). Any services provided outside of this 30 mile radius are subject to our travel/mileage fee. If the location of any services provided is exceptionally far from our operating area we may charge an additional travel fee to cover any travel expenses that may be incurred.

Invoices that are issued for services provided are immediately due upon the date they are issued. If payment is not received within 30 days of the invoice date you may be subject to a late fee.

Any additional edits requested after digital content has been delivered may be subject to additional fees related to the requested edits.

 

Discount

Our $50.00 off discount is reserved for real estate agents only. 

 

Digital Content

While we do keep a limited archive of digital content. The Firebrand does not maintain archives of digital content indefinitely. After services have been completed and the digital content has been delivered to the client, the files may then be deleted at our discretion.

 

Licensing/Copyright

The delivery of digital content does not constitute the transfer of ownership. Any digital content produced by The Firebrand remains the sole property of The Firebrand.

Listing Photos For Real Estate Agents: For our Real Estate Agents we provide a non-exclusive limited use license to the client.

The client can use the digital content produced by The Firebrand for self-promotion and for promoting and selling the subject property. 

The client has permission to use the digital content delivered to them on any electronic or printed medium to either promote the property directly or to promote themselves.

This license is limited to the duration that the property is listed for sale. The digital content cannot be re-used or passed on to another Real Estate Agent or builder without first purchasing the right to use the digital content for their intended purposes.

The client may not re-sell the digital content.

AirBnb/Commercial Use: For our AirBnB/Commercial Use clients we provide a non-exclusive unlimited use license to the client. The client may use the digital content for any commercial or promotional use indefinitely. 

The client has permission to use the digital content delivered to them on any electronic or print medium.

The client may not sub-license or resell the digital content.

Failure to pay for digital content or to distribute these images outside of the limits of the above licenses will result in copyright infringement. You will be asked to remove the photos immediately, failure to do so, may result in legal action.

 

Cancellation/Weather

Any cancellation and/or rescheduling of an appointment within 24 hours of the scheduled appointment may be subject to a cancellation fee.

If an appointment is cancelled or rescheduled due to weather related circumstances. We will not charge a cancellation fee. But we ask that the client notify us as soon as possible of the weather related cancellation.

Any drone related services cannot be provided while there is moisture in the air, if it is raining, or during hazardous wind conditions.

 

Processing/Delivery Time

Listing Photos: Will be delivered to your email inbox the next day.

Listing Videos: Will be delivered to your email inbox within 3 days.

We do not currently offer any rush services.

 

Refunds

Our services are considered non-refundable. We take pride in our work, please contact us directly at (918) 680-0022 if you are unhappy with the services provided.

Website Design

Terms of Service – Website Design

Terms of Service Last updated: 08/30/22

Acknowledgement

By using Skyward Advertising, LLC (AKA, The Firebrand) services you are bound by and agree to all of the following terms and conditions. We reserve the right to amend the Terms of Service at any time without notice and your continued use of our services after such changes constitutes an agreement to those amended terms and conditions.

Also by using The Firebrand services you agree to our Privacy Policy: LINKED HERE

Subscription / One-Time Payment

We have two options for our web design/hosting services. Subscription and One Time Payment.

Subscription

For subscription based websites there are no large upfront costs. Your costs are specified in our ‘Monthly’ packages listed on our website, or what is agreed upon based on your specific need.

Our subscriptions can be paid annually or monthly.

Annually: you will be charged your annual amount upon sign up and each payment after will be due the following year on the same date.

Monthly: you will be charged your monthly amount upon sign up and each payment after will be due the following month on the same date.

One-Time Payment

Project Proposal:

We will provide a detailed project proposal for our ‘one-time payment’ website projects.

The project proposal will detail the work we estimate will be involved to accomplish everything you have expressed for us to accomplish. This proposal will in essence define the scope of the project and the quoted price of the services to be provided as well as the expected timeline for the project.

Payment Terms:

For ‘one-time payment’ websites, payments for project proposals may vary based on our agreement. But we typically set up a split payment. For example most often we will require 50% up front and the rest due upon project completion. But it is possible we may break this payment up into 25%/75% as an example. We will work to fit your budget as needed.

Payments, Suspension, Termination, & Late Fees

Late Fees:

If your subscription renewal payment not be received within 5 days of the due date listed on your invoice, your invoice may be subject to a late fee.

Suspension:

If your subscription renewal is still not received within 30 days after the invoice due date. Your website will be suspended until the account is paid in full.  A suspended accounts website cannot be accessed by its users until the account is paid in full.

If we are required to reconnect hosting services after a suspension due to non-payment you may be subject to a reconnection fee.

Termination:

If your subscription renewal is not received within 90 days of the invoice due date. Your website will be terminated.

Project Scope & Additional Fees

The Firebrand provides website related services for your specific project as laid out in the project proposal and/or subscription package. Any additional services requested and provided beyond the scope of the project or subscription package may be subject to additional fees related to the requested services.

After a ‘one-time payment’ website goes live the project is considered complete. While we do give a trial run period of 15 days after a website goes live to make any unforeseen final adjustments. Any additional changes requested to a ‘one-time payment’ website after the website has gone live may be subject to additional fees based on the changes requested at our discretion. We will use the project proposal as a guideline to what we will adjust with or without additional cost.

Regulatory and Legal Responsibility

While The Firebrand may give various tools, assistance, and direction intended to help illuminate and follow compliance with governing bodies and their requirements. The Firebrand is first and foremost a website design provider. We do not give legal counsel and we are not required to do so and bare no responsibility for the decisions or non-decisions that may put your business at legal risk. The client has full and exclusive responsibility for understanding and ensuring compliance with any regulatory, legal, or contractual obligations related to the client’s business and its existence online.

It is your responsibility to ensure that your website, its content, and its data comply with any and all privacy and anti-spam laws applicable to you and your business.

Website Hosting & Tech Support

Any and all websites that we design or manage must be hosted on our web servers.

All of our hosting and or subscription packages include the necessary support to ensure your web server is functioning.

As part of our subscription packages you will gain the benefits of many premium plugins and products within the WordPress suite. These plugins/products are licensed by The Firebrand for use on our subscription packages. If hosting with The Firebrand is terminated or transferred to another provider The Firebrand is not obligated to continue licensing any of these plugins/products to your website. In the event that you would transfer away from our hosting subscriptions you will need to license these products yourself in order to ensure your website continues to function properly and securely.

Digital Content

While we do keep a limited archive of digital content. The Firebrand does not maintain archives of digital content indefinitely. After services have been completed and the digital content has been delivered to the client, the files may then be deleted from our own records at our discretion.

Copyright

The Firebrand does not assume any responsibility or liability for any of the client provided or client created content found on the websites it manages, maintains, and/or hosts.

The client guarantees that any digital content that is provided to us for inclusion on any website we build or host is either owned by the client or that the client has explicit permission to use the digital content provided.

For our ‘one-time payment’ websites, The Firebrand will retain all copyright and intellectual property rights for the project and its related digital content we create until the project outlined in the project proposal is completed and paid in full. Once we receive the final payment all copyright and intellectual property rights to the website and its related digital content are automatically transferred to the client.

For our subscription websites. The Firebrand will retain copyright ownership of all the design elements and code used to build the clients website. If the client wishes to transfer all rights to themselves we will determine a purchase price for the design of the website on a case by case basis.   

We do reserve the right to, link, share, and write about any completed projects as part of our portfolio for our own promotional purposes.

Functionality Liability

We cannot guarantee that the functions on our websites will always be without error so we cannot be liable to you or any third parties for damages including lost revenue or other specific damages that may arise due to errors that can inevitably happen with a website.

Refunds

Our services are considered non-refundable. We take pride in our work, please contact us directly at (918) 680-0022 if you are unhappy with the services provided.