Terms of Service

Terms of Service
Orchid Focus Media, a subsidiary of DM Generation Corp.

These Terms of Service operate in conjunction with our Privacy Policy, which can be found at the bottom of every page on our website. By engaging with Orchid Focus Media, you agree to the terms outlined below.

1. Definitions

“Media” refers to all visual representations delivered to the Client by Orchid Focus Media, whether in photographic, electronic, or other forms. “Services” include all offerings provided by Orchid Focus Media, whether conducted on-site or through our software systems.

2. Payment Terms

  • Pricing is for licensed real estate professionals. Orchid Focus Media reserves the right to reject orders from unlicensed individuals.
  • Clients must provide full payment at the time of order placement via credit card.
  • Corporate clients may qualify for invoice terms at our discretion.
  • Unpaid balances may result in service suspension.
  • Additional services authorized orally by the Client are binding.

3. Appointment Notifications

  • Clients receive order confirmations and appointment notifications via email only.
  • Appointments may need to be rescheduled by Orchid Focus Media due to unforeseen circumstances.
  • Requests for specific service providers will be considered but are not guaranteed.
  • Clients may not contact service providers directly and must communicate through Orchid Focus Media.

4. Rescheduling, Cancellations, and Refunds

  • Cancellations or modifications must be made by 8:00 PM PT the day before the appointment.
  • Late cancellations or modifications incur a $75 Late Notice Fee.
  • Refund requests submitted by 8:00 PM PT the day before the appointment will be processed in full. Refund requests after this time will have a $75 deduction.
  • Services proceed in all weather conditions unless the Client reschedules in advance.
  • Fees apply regardless of the reason for rescheduling or cancellation.

5. Travel and Additional Charges

  • Travel fees may apply for properties located more than 45 minutes from the nearest service provider.
  • Additional charges may apply for properties requiring special access or unique service requests.

6. Scope of Service

  • Services apply only to the subject property. Offsite locations or community amenities are not included unless specifically arranged.
  • Common area amenities may be included if access is provided by the Client.

7. Property Readiness

  • Properties must be fully prepared before the appointment.
  • No other vendors should be scheduled during the appointment.
  • Orchid Focus Media does not photograph people or pets.
  • If a property is unprepared or unsafe, services may be provided on a best-effort basis or canceled with applicable fees.

8. Media Delivery

  • Media will be delivered via our software platform.
  • Standard delivery is by 12:00 PM PT the day following the appointment.
  • Delays beyond this time will result in a 50% discount on a future order, but no refunds or credits will be provided.

9. Hosting and Storage

  • Clients must download and store media on their own systems.
  • Media is hosted for the life of the listing or 12 months, whichever is shorter.
  • Retrieval of archived content may incur fees.
  • Matterport Tours and video content will be removed after 12 months.

10. Digital Services and Floorplans

  • Digital advertising is not guaranteed to produce specific results and is non-refundable.
  • Virtual editing (e.g., virtual staging) must be properly disclosed in marketing materials.
  • Floorplans are for illustrative purposes only and should not be used for precise measurements.

11. Usage Rights and Third-Party Distribution

  • Clients receive a non-exclusive, royalty-free license to use the media for real estate marketing.
  • Orchid Focus Media retains rights to use media for promotional purposes.
  • Media may be shared with third-party platforms (e.g., MLS, Zillow, Google) without royalty obligations.

12. Defects and Remedies

  • Properties are photographed “As Is.”
  • Clients should attend appointments or provide written instructions.
  • If issues arise, Orchid Focus Media follows this resolution process:
    1. Review media with Client.
    2. Revise content if necessary.
    3. Reshoot at our expense if required.
    4. Issue a refund if quality standards are not met.
  • Client-requested reshoots for non-Provider-related issues will incur fees.

13. Image Alterations

  • Clients may not make unauthorized alterations to media, including watermarking.
  • Adjustments for brightness, contrast, and cropping are permitted.

14. Assignment and Transfer

  • Clients may not transfer or resell media to third parties without prior authorization.

15. Legal Framework

  • Governed by U.S. Copyright Law and applicable state laws.
  • Orchid Focus Media is an independent contractor.
  • Disputes will be resolved through arbitration or legal proceedings in the company’s jurisdiction.

16. Indemnification

  • Clients indemnify Orchid Focus Media against claims related to the use of media and property access.
  • Orchid Focus Media is not responsible for lost property or damages arising from access provided via lockbox.

17. Dispute Resolution

  • Disputes under $5,000 may be taken to small claims court.
  • Larger disputes will be arbitrated in the company’s jurisdiction.
  • Clients are responsible for legal fees if found liable.

18. Force Majeure

  • Orchid Focus Media is not liable for service disruptions due to circumstances beyond our control (e.g., natural disasters, government orders, third-party actions).

19. SMS Notifications

  • Clients may receive SMS notifications for appointment confirmations and updates.
  • Clients can opt out at any time by replying STOP.

By engaging in services with Orchid Focus Media, a subsidiary of DM Generation Corp., you acknowledge that you have read and agree to these Terms of Service.

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