Terms & conditions of Use for Our Website & Your Account 

Last updated on 11-21-2023 

The terms and conditions of use for both websites HD.Tours and PhotoAndVideoEdits.Com and your accounts outline the agreement between you, the user, and the parent company Photoandvideoedits.com, LLC. Both websites are owned by the parent company PhotoAndVideoEdits.Com, LLC. It is important to know that when you create an account on either HD.Tours website or on PhotoAndVideoEdits.com website, your information goes into one database that is shared by both websites.  We do this to save time and prevent you from having to create a separate account should you want to use the services of either website as both of the services that we offer go hand in hand in the real estate photography industry. This means that the user name and password created on either website will work for both websites. By accessing and using either website and/or services, you are agreeing to be bound by the terms outlined in this document. You agree that while on any part of our websites that your activity is being recorded by mouseflow.com's website tracking software and may be used as evidence of your activity on our sites or account or for any other reason.   You agree that you may be marketed from time to time from either of these websites to the email address that is used to login to your account.  These terms may be updated or changed by Photoandvideoedits.com, LLC at any time without notice, so it is important to review them before each use of the websites and services. If you do not agree with these terms, please refrain from using either website or creating an account.

 

  1

Our Product

Photoandvideoedits.com offers a premier photo and video editing platform through our website, located at Photoandvideoedits.com. HD.Tours offers single property website for showcasing real estate and media delivery. As the provider of this services, we hold the discretion to determine the contents, features, aesthetics, design, functionality, and other aspects of the website. Users can access our services by uploading files through the system provided on our website. Photoandvideoedits.com and HD.Tours may modify or remove certain features and functionality, and may also suspend services temporarily for maintenance and upgrades. We assure you that our actions will always be in compliance with the law. Any changes made to our features, services and pricing will be updated on the website. Your continued use of our website and services confirms your acceptance of any new changes.

  2

Use of Product

As a user of Photoandvideoedits.com and HD.Tours, it is expected that you will not submit any content that is deemed inappropriate by our company. This includes material that is illegal, threatening, obscene or indecent, defamatory, misleading, in poor taste, invasive of privacy, inappropriate, or infringing on any third party property rights. Violations of these terms may result in the removal of the content, termination of your account and denial of access to our services. Additionally, you agree to abide by all laws involving privacy, applicable export controls, and others when using our photo and video editing services. It is also expected that you will not engage in any activities that may harm Photoandvideoedits.com’s or HD.Tours computers, servers, and other digital infrastructure, or violate any state or federal laws.

  2(a) 

Bestowal of Contribution Rights

When posting Contributions or linking your account to social networks, you grant us an unrestricted, irrevocable license to host, use, reproduce, disclose, publish, and distribute your Contributions worldwide. This license includes the right to prepare derivative works and sublicense others. While Company does not claim ownership of your Contributions, you authorize Company to grant end-users a personal, limited license to access, download, and use your Contributions for internal purposes.

  3

Billing & Accounts

(a) Should users of Photoandvideoedits.com and HD.Tours be charged for services in accordance with the Monthly Plans, invoices for these services will be generated on the first day of each month and payments will be due on the same day. Failure to make timely payments may result in suspension or termination of your account.

(b) If an account has a negative credit balance, we will charge your account to bring it back to a zero balance.

(c) All payments will be charged in U.S. dollars and any taxes, levies, or duties on the payments will be the responsibility of the user. If you believe that you have been incorrectly charged, please contact Photoandvideoedits.com or HD.Tours in writing within 30 days of the invoice date for correction (support@photoandvideoedits .com).

(d) Photoandvideoedits.com and HD.Tours reserves the right to suspend or terminate your account for failure to make payments, and delinquent invoices will accrue interest at a rate of 15% or the maximum permitted by law, whichever is less. Any collection expenses, such as court fees and attorney's fees, will be the responsibility of the user.

(e) Only one account is allowed per household. The "20 free credits" trial offer is limited to one per household/family member. Any fraudulent activity, such as creating multiple accounts to redeem more credits, will be treated as a collectable debt.  If a second account is created to try and circumnavigate our terms here, the second account will be deleted as well as risking the possibility of having your first account deleted resulting in the banning of maintaining an account with us.

(f) If you accidentally place a duplicate order, please notify us before any editors have been assigned to it. We will delete the duplicate order and credit your account before any work is performed.

(g) Accounts that have not placed an order within the past 365 days will be considered as abandoned and will be deleted without notice.  Any credits left in an account at the time of deletion will be forfeited. Deleted accounts cannot be retrieved and credits will not be re-issued once the account is deleted.

 

4

Cancelation of a Monthly Plan, Monthly Plan Renewal Failure, Cancelation of account, Refunds & Chargebacks

(a) Due to our payment processor not refunding their processing charge fees to us anymore (as of March 1st, 2023 https://support.stripe.com/questions/refund-fee-changes-for-businesses-on-ic-pricing) if you request a refund, we will deduct the 2.9% processing fee plus 60 cents for the original and refund transaction fees (https://stripe.com/pricing) from your refund amount and refund the difference after these fees.

The deeply discounted pricing of ‘monthly plan credits’ is there for users who are committed to using all of their monthly plan credits each month. Should you cancel a monthly plan, any remaining credits that are left in your account will be converted at the pay as you go rate of $1.75 per credit. For example, if you have 175 credits in your account and you want to cancel your monthly plan, after cancelation, you would be left with 100 credits (175 credits ÷ $1.75 = 100). The best time to cancel a monthly plan is at the end of the month when you have used all of your plan credits.  You can cancel your plan by going to the 'My Account' tab in your dashboard. Please note that if you cancel your monthly plan, you cannot go back onto a monthly plan until the following month.  This is to prevent users from circumnavigating our tiered monthly overage pricing by canceling there plan wih zero credits in it only to sign back up to a monthly plan purchasing initial monthly plan credits at $1 per credit.  Any account found doing so will have their monthly plan cancelled by us and will be credited back whatever the difference in the credits that they have used at the $1 rate converted to the $1.75 rate.  Example, you cancelled your monthly plan and went straight back on a 200 credit plan (cost $200) and used 100 of thiose credits.  We would calculate that your spend for those 100 credits at $1.75 per credit would be $175 dollars leaving $25 owed to you.  We would then convert the $25 owed into credits at the pay-as-you-go credit rate of $1.75 which would work out to 14 credits left in your account.   

(b) Accounts that have purchase and used over 12,000 credits in the past 12 months that  want to temporarily cancel a plan will be credited back the reduction of converted credits providing that the go back on a monthly plan within 60 days.  Example, if you come off of your plan on May 16th, you will have until July 16th to go back on a plan.  Therefore, if you go back on a monthly plan within that time frame, your account will be credited back the reduction in credits that was made at the time of monthly plan cancelation.

(c) Requested Refunds: When purchasing credits for your account, it does state in the pop up that appears before submitting the purchase that you have to refresh the page and to check that a receipt has been sent to your email address. If you do not see credits added to your account after a couple of minutes, you should refresh your page again to see if your balance increased. Again, please check your email for a receipt BEFORE trying to make the purchase again. Should you request a refund for multiple orders placed, unfortunately due to our payment processor not refunding their processing charges to us anymore as of March 1st, 2023 (https://support.stripe.com/questions/refund-fee-changes-for-businesses-on-ic-pricing) if you request a refund due to duplicate ordering, we have to deduct the 2.9% processing fee plus 60 cents for the original and refund transaction fees (https://stripe.com/pricing) from your refund amount.  We apologize for this, but this is out of our control.
(d) Refunds will only be given for any credits purchased within the current month and can only be made by requesting your account to be closed (by e-mailing us) These are the only credits that are eligible for a refund providing we replied to your refund request prior to you closing your account. If you close your account and then request a refund, we will not be able to refund you. This is because once your account is deleted in our system (in compliance with GDPR rules), we have no way of seeing what your credit balance was.  It's better not to close your account yourself and allow us to do this.  Any credits purchased in any month previous to the current month are non-refundable. Our discounted pricing is based on all of the credits being used once purchased at the discounted price therefore cannot refund ANY discounted credits from ANY previous months purchase which includes discounted bulk purchase credits. The dollar amount credited to your credit card (must be the credit card that you charged the credits to) given for any purchase of credits within the current month will be calculated at the regular Pay-As-You-Go rate of $1.75 per credit.  This is the rate that will be used to calculate the refund. For example, let’s say you had 1000 credits that rolled over from previous months and you were on a monthly plan which renewed for 600 credits.  This means that you would have 1600 total credits in your account.  However, only 600 credits are eligible for a refund as the 1000 credits were purchased from previous months purchases. Please note that when your orders use credits, they first use the last credits that were purchased and then any subsequent rollover credits from the previous months. So back to the above example. If your plan for the current month renewed at 600 credits and you used 100 credits in the current month, then only 500 credits would be eligible for a refund. Therefore, you will receive a refund of $285.71 (500 ÷ $1.75 = $285.71). To reiterate, balances from roll over credits that were purchased previous to the current month are NON-REFUNDABLE and will be forfeited upon account closure. So in the above example, 1000 of the credits would not be eligible for a refund and therefore would be forfeited upon account closure.  Credits cannot be transferred to any other account.  Again, due to our payment processor not refunding their processing charge fees to us anymore (as of March 1st, 2023 https://support.stripe.com/questions/refund-fee-changes-for-businesses-on-ic-pricing) if you request a refund, we will deduct the 2.9% processing fee plus 60 cents for the original and refund transaction fees (https://stripe.com/pricing) from your refund amount and refund the difference.

(e) Refunds on orders: We cannot give credit refunds (partial or in full) on orders where work has been started or completed. You may request as many adjustments to an order and we will do our best to get the photos to your liking. Only the initial edit is guaranteed to be returned within 24 hours and requested adjustments are not included in that calculated time although they take priority over new edit orders.  We can only give partial credit refunds on orders that are late past 24 hours due to the editor not completing the order in time. Calculated times are based on on the email you receive with our turn around time stated in the email. For times up to 26 hours (up to 2 hours late), you will receive 10% (in credits) for the amount of photos edited. For example, if we edited 40 photos you would receive 4 credits back. For orders up to 30 hours (up to 6 hours late), you will receive 20% equal to 8 credits back and for orders up to 36 hours (up to 12 hours late) you will receive 40%, equal to 16 credits back. Credit refunds will not be made due to things beyond our control such as an internet failure from our service providers (there is only one international line coming in to the Philippines). We have 2 service providers, a primary and a back up. Please understand that the edits are edited in a developing nation where even though it is very rare, the internet throughout a region has gone offline for a day or so which means that all service providers go offline. The last time this happened was 2018, so it is very rare.

(f)Should you forget to close your account and it renews on the 1st of the month, you have a 48 hour grace period (until midnight U.S.A. EST on the 2nd day of the month) to notify us that you intended to close your account but forgot to. We will then refund the renewal charge.  However, you must not have placed an order since the beginning of the new month as this will nullify the grace period and we cannot refund you the renewal.

(g) If your credit card does not process for your monthly plan renewal, as a one time courtesy, we will allow any orders to take place on your account on the 1st of the month (only) and after downloading those orders you will not be able to access your account until payment is successful for the monthly plan subscription renewal (even though you may have credits available in your account).  We may retry to renew your subscription up to 3 more times during the month.  If you do not update your credit card information to bring your account 'up to date' with your plan renewal prior to 1 day before the end of the month, it will be deemed that you no longer wish to maintain your account and your account will automatically be archived at the beginning of the last day of the month. This will result in the forfeiture of any unused credits in your account. Please note that $1 monthly plan pricing is contingent upon 'subscription renewal every month' unless cancelled prior to renewal.

(h) Monthly Plan - Customer Bank Chargeback Requests.   Prior to you disputing any charges you see on your credit card with your bank, that you create a ticket or live chat with us so that we can check to see if anything went wrong on our end (such as a request for you to be taken off of a monthly plan that was not done). Not contacting us first and disputing charges with your bank will result in your account being banned from having a monthly plan again.  If there's a charge to your account that you see that should not be there where you are inline with our terms here, we will take action to credit your account.  Not notifying us with your 'dispute of charges' first and disputing and charges on your credit card with your bank creates a chargeback situation on our merchant account.  The dispute process involves a considerable amount of work on our end if see that your claim is not a valid one.  As we have an impeccable 'zero dispute' record of no claims against us, we want to keep it that way.  Therefore we wont go through the dispute process at the risk of losing the dispute as it's your bank that decides whether or not your claim is valid and invariably they favor their customer (you).  And so if there are credits in your account to cover the cost of the disputed amount that you are requesting to be refunded,  we will just refund the amount and deduct the credits from your account.  If we have to do this, your account will no longer be allowed on a monthly plan again. Therefore, we stress that you please try to resolve this by asking us questions about any questionable charges BEFORE requesting a charge back from your bank.  Please note, forgetting to take your account off of a monthly plan beyond the two days grace period is not a valid reason to dispute charges to your card.

(i) No Plan Credits and Pay As You Go Customer Bank Chargeback Requests.  Prior to you disputing any charges you see on your credit card with your bank, that you create a ticket or live chat with us so that we can check to see if anything went wrong on our end (such as you accidentally clicked buy credits twice before the page reloaded resulting in a double charge to your account). Not contacting us first and disputing charges with your bank will result in your account being closed should we have to credit your account to prevent a chargeback.

(j) The closing of any account means that it will be permanently deleted. This includes any billing information and any and all photos and videos on our servers. This  cannot be undone once an account is closed.

(k) If you previously worked as a photographer for one of our active customers (Main account holder who has ordered at least 10 orders in the previous month) and and only uploaded through the white label website and then left to set up business for yourself, we cannot accept you as a customer without first getting the permission from the active customer.  This is just good business practice to ensure that our main account holders are not training photographers to work for them only to leave and become competition to them. You would not know of us if not for them. If you set up an account and we notice that you were a previous white label photographer, we will first inform the active customer. Should they request that we close your account, we will.  Any credits left in your account at the time will be refunded at the rate of $1.75 per credit. Exceptions: if you previously worked for the main account holder and had access or were receiving emails from the main account, then you are allowed to set up your own account. If you opened your new business more than 20 miles from the main account holders area central area of where they did business, then you are exempt from these terms as defined here in (k).

 

  5

Photos and Videos

When using Photoandvideoedits.com or HD.Tours, users agree that they are the rightful copyright owners of any files uploaded, including photos, videos, and audio files, or have obtained written permission from the copyright holder. Users also agree to indemnify Photoandvideoedits.com and HD.Tours from any legal claims that may arise from unauthorized use of any files uploaded.

Users retain full responsibility and ownership of the photos and videos submitted to Photoandvideoedits.com or HD.Tours for editing, including ensuring that they have the necessary permissions and that the content is appropriate, accurate, legal, and of good quality. By uploading files to Photoandvideoedits.com or HD.Tours, users grant Photoandvideoedits.com and HD.Tours a commercial license to use the photos and videos in any way we see fit to promote our services, without the need to credit the user. However, Photoandvideoedits.com and HD.Tours will not have the right to sell the photos and videos to any third parties.

Photoandvideoedits.com and HD.Tours may also use any data collected from users, including personal and non-personal data, for customization of services, statistical reporting, and targeted marketing. Any aggregated data will be the sole property of Photoandvideoedits.com, and we will take appropriate measures to protect the data from unauthorized access.

No Plan Credits or Pay-As-You-Go credit purchases are not charged cloud server fees unless the user switches to a monthly plan at which time the fees are calculated for the entire month that their plan started in. Due to the deeply discounted Monthly Plan credit rate, users will be charged for cloud server fees for the total amount of original files uploaded to their account. They are charged in arrears as the total uploaded files cannot be determined until the end of the month. Any fees due are charged within 2 hours of the renewal of your monthly plan. The charges are calculated at the rate of 1 credit per 10GB (or part thereof) for files that are uploaded to your account. Only orders that are marked "Ready" or "Completed" from the previous month are calculated. If a user cancels their monthly plan, if applicable, cloud server fees will apply until the user has used all of their credits and starts to purchase either 'Pay As You Go' credits or 'No Plan' credits. 

Please note that shooting in RAW format significantly increases the file sizes of each photo. In order to keep your cloud fees as low as possible, some cameras can reduce the file sizes of the photos without adversely affecting the quality outcome of your photos. For example, the Sony A7 III offers the option to shoot compressed raw (cRAW) files instead of uncompressed raw (uRAW) files. Compressed raw files retain most of the benefits of raw files, such as flexibility in post-processing, but they have a smaller file size. You can enable compressed raw by going to the camera's menu, navigating to the "Quality/Image Size" settings, and selecting the compressed raw option.

You can also use Adobe DNG Converter which will compress raw files without losing image quality. This will convert your raw files to the Adobe Digital Negative (DNG) format using compression settings, which can reduce the file size while retaining the benefits of raw editing. We suggest that you ask Chat GPT to ask it how to reduce the file sizes of your particular model camera if you dont know how to do it.

  6

Imposed Credit Additions/Deductions from your Account

If you upload an order with incorrect grouping, our system may be unable to process the order and return the photos to you. If this happens, we may charge a variable fee for correcting the order, which will be determined by the nature of the correction and may be charged at our discretion. To avoid additional charges, it's important to ensure that you select the correct grouping for each order when placing it.

You will not be notified if we have to correct an incorrect order as we assume that you need the edited photos back as soon as possible. The charge for this will be the credit cost for the incorrect order plus the corrected order cost.

Paid Adjustment Requests: If you do not select the correct 'paid' checkboxes for your adjustment requests, we will automatically correct them and add the correct credit charges to your account.

We reserve the right to make changes to any promotions or giveaways without notice. If credits have been purchased for a promotion that has been changed, amended, or discontinued, we will refund any unused credits for that promotion or amendment.

  7

Priority Orders

When you choose the priority option for your order, it moves to the front of the line for editing. However, please note that this does not guarantee a specific turnaround time. Our standard turnaround time for all orders is 24 hours. If the assigned editor for your order is already working on a priority order, we will make every effort to assign it to another editor. However, depending on workload, this may not always be possible. We prioritize quality editing, which can take time. Therefore, we do not offer rush editing options with guaranteed turnaround times. If your priority order takes longer than 18 hours to complete, as a courtesy, you may request a credit refund of 5 credits by forwarding us the "photos ready" email.

  8

Users Account Security

To protect your account from unauthorized access, please keep your login credentials confidential and change your password immediately if you suspect any compromise to your account security. You are responsible for all activities that occur within your account. If you work for a similar business that offers the same services as Photoandvideoedits.com or HD.Tours, please do not create an account as this may result in legal action for copyright infringement of our intellectual property.

  9

Entitlement

As a user of Photoandvideoedits.com or HD.Tours, you are entitled to access and use our services, but you do not have any ownership or license rights to our content and data. The names, logos, images, brands, product names, and other materials associated with Photoandvideoedits.com and HD.Tours are trademarks of our company.

  10

Cookie and Targeted Advertising Policy

Our website uses cookies, small files stored on your hard drive, to identify your browser and personalize your experience on our website. We may also use cookies for targeted advertising on our website and other websites. Additionally, we use other technologies such as tracking pixels to collect identifiable data to improve our services for users.

  11

Privacy Policy

By using Photoandvideoedits.com's or HD.Tours Services, you acknowledge and agree to our Privacy Policy, which outlines how we collect, use, and disclose your personal information. This includes the use of third-party tracking software that tracks website activity, including user account pages, for the purpose of improving our Services. Please note that this tracking software may also have access to certain information on our website, with the exception of credit card numbers, which are securely protected. If you process personal data from residents of the European Economic Area, please review our Data Processing Addendum for additional information. In the event of any conflict between our Terms of Use and the Data Processing Addendum will prevail.

  12

Warranty

Photoandvideoedits.com and HD.Tours does not provide any guarantees or warranties for the services it provides, including the website's features and its ability to operate without any coding or similar issues, interruptions, or bugs. Photoandvideoedits.com and HD.Tours will not be held responsible for any issues related to the software, third-party services, and internet connection used by the user.

The products, services, and features offered by Photoandvideoedits.com and HD.Tours are not covered under any warranties. Photoandvideoedits.com and HD.Tours cannot be held liable for the usability or suitability of its website or the services and content it offers. All services and content provided by Photoandvideoedits.com or HD.Tours are on an "as is" basis, and we reserve the right to change the terms of use at any time without notice.

 

13

 

Liability

Photoandvideoedits.com, L.L.C. and its directors and/or agents shall not be held liable for any legal claims, including contracts and torts, made by the user that exceeds the total profits made by Photoandvideoedits.com or HD.Tours in the three months prior to the event that triggered the legal claim. Additionally, the user is responsible for any financial losses incurred by Photoandvideoedits.com or HD.Tours as a result of any third-party claim, unless otherwise specified in these terms of use.