Welcome to Raindrop Media, LLC (“Company”, “we”, “our”, “us”). By hiring our services, you (“Client”) agree to be bound by the following Terms of Service (“Terms”). These Terms govern all agreements between Raindrop Media, LLC and its Clients.
1. Introduction
By engaging with Raindrop Media, LLC, you agree to these Terms, which govern the use of our services and website. If you do not agree to these Terms, please do not proceed with any services from us.
2. Scope of Services
Raindrop Media, LLC will provide real estate media services as outlined in the agreed-upon package or scope of work. It is the Client’s responsibility to communicate their requirements and expectations clearly to us to ensure that the services provided align with their needs. Any additional services or changes to the scope of work must be fully communicated and agreed upon before the service is provided.
3. Creative Judgment and No Revisions Policy
By hiring Raindrop Media, LLC, you acknowledge that you are engaging us for our creative abilities, expertise, and judgment. We strive to deliver high-quality media content that aligns with the vision discussed during the initial consultation.
- No Revisions Policy: Revisions to the deliverables are not allowed unless they fall under the specific exceptions outlined in Section 4. It is the Client’s responsibility to communicate all preferences, specifications, and expectations clearly before the editing process begins. Any changes requested after the initial consultation and commencement of editing will not be entertained.
- Client Responsibility: The Client agrees to provide clear and concise direction before the editing process. Raindrop Media, LLC will not be held responsible for any dissatisfaction resulting from a lack of communication or vague instructions.
4. Exceptions to the No Revisions Policy
Revisions will only be considered under the following circumstances:
- Technical Errors: If there is a technical error or fault in the deliverable that deviates from the agreed specifications, the Client may request a correction.
- Compliance with Legal or Regulatory Requirements: If the deliverable does not comply with legal or regulatory standards relevant to the Client's industry, the Client may request necessary adjustments.
All revision requests under these exceptions must be made within five (5) business days of receiving the deliverables.
5. Compensation
- Payment Upon Delivery: The Client is required to make full payment upon receiving the final media files. Delivery of the media files will be withheld until the payment is received.
- Late Fees: If payment is not received within 15 days of the invoice date, a late fee of 5% per month will be applied to the outstanding balance. Raindrop Media, LLC reserves the right to withhold the final deliverables until full payment is received.
6. Delivery
- Photos & 3D Tours: Final edited photos will be delivered to the Client within 24 hours after the completion of the photography session.
- Videos and Floorplans: The Client can expect to receive the final video and floorplan files within 48 hours after the respective session.
7. Intellectual Property and Licensing
- Client Ownership: Upon full payment, the Client retains full ownership of the final deliverables. Raindrop Media, LLC retains the right to use these deliverables for promotional purposes, including but not limited to, portfolio displays, social media, and advertising.
- Rights to Raw Footage: Raindrop Media, LLC retains ownership of all raw footage, images, and unedited content. The raw materials are not included in the deliverables unless explicitly agreed upon in writing.
- Intellectual Property Rights: All photographs and media created by Raindrop Media, LLC remain the property of Raindrop Media, LLC and may only be used for their intended purpose. Reproduction, modification, or distribution of any of the photographs or media without the express written or verbal consent of Raindrop Media, LLC is strictly prohibited.
8. Use of Website Content
All content found on our website (www.raindropmedia.co) is the property of Raindrop Media, LLC. You may not download, copy, reproduce, or use any content from our website without our express written permission. Unauthorized use of our content will result in legal action.
9. No Call/No Show Policy
In the event of a no call, no show by the Client, where an appointment or service has been scheduled, the Client will be held responsible for full payment. Failure to provide prior notice or communicate any changes to a scheduled appointment, resulting in a no call, no show, will incur the Client's obligation to pay the full amount for the missed appointment or service.
- Cancellation Policy: We kindly request our Clients to provide at least 24 hours notice of any changes or cancellations to scheduled appointments to avoid unnecessary charges or inconveniences. Cancellations within 24 hours of a scheduled shoot are subject to a $250 charge.
10. Confidentiality
Both parties agree to keep confidential any information that is designated as confidential, including but not limited to trade secrets, proprietary information, and any other confidential business information. This confidentiality obligation shall continue indefinitely unless otherwise agreed upon in writing.
11. Liability and Indemnification
- Limitation of Liability: Raindrop Media, LLC will not be liable for any indirect, incidental, special, or consequential damages arising out of or in connection with our services, even if we have been advised of the possibility of such damages.
- Indemnification: The Client agrees to indemnify and hold harmless Raindrop Media, LLC, its employees, agents, and representatives from any claims, damages, losses, or expenses, including attorneys' fees, arising out of or in connection with the services provided.
12. Force Majeure
Raindrop Media, LLC shall not be liable for any delay or failure to perform due to causes beyond its reasonable control, including but not limited to acts of God, natural disasters, war, civil unrest, strikes, or other labor disturbances.
13. Governing Law
These Terms shall be governed and construed in accordance with the laws of the State of [Your State], USA, without regard to its conflict of law provisions. Any disputes arising under these Terms shall be resolved in the courts of [Your State].
14. Changes to Terms
Raindrop Media, LLC reserves the right to update or modify these Terms at any time without prior notice. Continued use of our services after any changes shall constitute your consent to such changes.
15. Acknowledgment
By engaging our services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.
16. Contact Information
For any questions, concerns, or feedback, please contact us at:
- Email: Info@Raindropmedia.co
- Phone: 847-652-3267
- Website: www.raindropmedia.co
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Raindrop Media, LLC
524 Kedzie St
Evanston, Illinois, 60202
United States of America
8/16/2024