Visual Avenue – Terms & Conditions of Service
Last updated: 28 May 2025

It is important that you read and understand these Terms & Conditions of Service prior to using this website, making a booking, or engaging any services. These terms apply to all clients, users, and stakeholders, including but not limited to real estate agents, commercial clients, private property vendors, and third parties acting on behalf of a booking party.

By accessing this website or confirming a booking with Visual Avenue, you agree to be bound by the terms outlined below.

1. Engagement

1.1 These Terms & Conditions apply to all services provided by Visual Avenue (Christopher Talevski) ("we", "us", or "our") to the client ("you" or "your"). By engaging us, you agree to be bound by these Terms.

1.2 A booking is deemed confirmed upon receipt of a written (email/sms) or verbal request (phone) and our acceptance of the booking.

1.3 These Terms prevail over any terms provided by you unless otherwise agreed in writing.

2. Scope of Services

2.1 We provide real estate and commercial property photography and associated media services including (but not limited to) photo and video capture, floor plans, drone work, editing, and digital delivery.

2.2 Specific deliverables, turnaround times, and inclusions will be outlined in your quotation or booking confirmation.

2.3 Our standard turnaround time is 2–3 business days, unless otherwise agreed in writing. Any unexpected delays (e.g, technical issues, editor work loads) will be notified as soon as possible with an estimated delivery time.

3. Fees & Payment

3.1 All services are charged in accordance with our current pricing guide unless otherwise quoted.

3.2 Invoices are due within 21 calendar days of invoice date unless a written agreement states otherwise.

3.3 Payments not received within 30 days may incur a late fee of 1.5% per month (18% per annum) on the outstanding amount. If payment remains overdue beyond this period, the account may be referred to a collections agency, and you will be liable for any additional costs incurred in recovering the debt, including agency and legal fees.

3.4 Fees may apply for additional services including key collection, travel beyond 35km from Adamstown Heights NSW, urgent delivery, re-editing, or special file formatting.

3.5 All pricing is exclusive of GST unless otherwise stated. Where applicable, GST will be clearly indicated (e.g., "$20 + GST") on our website, pricing guides, or quotations.

3.6 Key Collection Fee: If you request that we collect keys from an agency or third-party location, a collection fee will apply. We are happy to collect keys from an office provided it is within 5km of the property location. If the pickup location is outside this radius or requires paid parking (e.g. inner-city areas), a flat fee of $30 will apply to cover travel and parking costs. This fee will be disclosed upon booking.

3.7 Invoicing Responsibility: Invoices are issued to the agent or client who made the booking. If the invoice is intended to be paid directly by a third party (e.g., a property vendor), it is your responsibility to forward the invoice as soon as it is issued and ensure payment is arranged. Payment is due on the same terms regardless of who is ultimately paying. The booking party remains liable for the full invoice amount unless otherwise agreed in writing.

4. Travel

4.1 Standard travel includes properties within 35km from Adamstown Heights, NSW Australia.

4.2 Travel beyond this radius is subject to additional fees outlined in our current pricing schedule.

4.3 Travel time is calculated from our base to the property address and may vary depending on location and traffic conditions.

4.4 Travel fees are charged per property/location to ensure fairness, as each property typically represents an individual listing and is paid for by the respective vendor.

5. Copyright & Licencing

5A. Image Rights & Usage
Visual Avenue retains full copyright of all images. Upon full payment, you receive a non-exclusive, non-transferable license to use images only for marketing the specific property and your agency’s promotion. Images may not be sold, altered, shared, or distributed to third parties without written permission and a separate license. We may use images for our marketing and portfolio.

5B. Third-Party Usage
Third parties who commission Visual Avenue (e.g., builders, developers, tradespeople, accommodation managers) get a license to use images only for their own business marketing. They may not share or license images to real estate agents or others without a separate license and fee.

5C. Additional Licensing & Fees

• Social media use with visible credit to Visual Avenue: Free

• Web & social media without credit: $100 + GST

• Web, social media & publication: $250 + GST

• Property buyer reuse (e.g., marketing as investment): $100 + GST

Unauthorized use may incur licensing fees, cease and desist notices, or legal action.

6. Cancellations, Rescheduling, Access & Client Conduct

6.1 We understand unexpected delays and events can occur, however it is highly encouraged you provide at least 24 hours notice to cancel or reschedule a booking.

6.2 If cancellation or rescheduling occurs after we have departed from Adamstown Heights en route to your booking, a cancellation fee equal to 75% of the full service value (including travel fees), calculated before any discounts will apply. This covers time, travel, and lost booking availability.
In the case of a genuine emergency or compassionate circumstance, this fee may be waived or reduced at our discretion.

6.3 Properties must be accessible and ready at the scheduled time. If access is delayed or denied by more than 20 minutes, we reserve the right to cancel and leave the premises, charging the full cancellation fee of 75% of the total service value including excess travel fees (full fee), calculated before any bundled or promotional discounts are applied.

6.4 We are not responsible for delays due to access issues or incomplete property presentation.

6.5 We have a zero tolerance policy for aggression and violence. We reserve the right to cease operation and leave the premises without refund or discount if any act of physical violence, harassment, or verbal abuse is directed at our staff or contractors, including by neighbours or any third parties present on or near the property. In such cases, the full service fee remains payable. We also reserve the right to refuse future service to the same property or any attempts to reschedule the booking, at our sole discretion.

6.6 If poor weather affects quality or safety (e.g. rain, wind, low light), we may reschedule at no extra cost. If only part of the shoot is completed (e.g. drone or video postponed due to rain), the affected service will be billed in full upon revisit. Revisit charges are separate and not eligible for discounts.

7. Client / Vendor Responsibilities

7.1 You must ensure the property is ready for photography at the booked time. This includes cleaning, decluttering, and staging as required.

7.2 You are responsible for securing access to the property, including providing accurate instructions, alarm codes, or notifying occupants.

7.3 For tenanted properties, you are responsible for obtaining the tenant’s written permission in accordance with tenancy laws before booking.

7.4 We are not liable for issues arising from the property not being prepared or accessible.

8. Revisions & Delivery

8.1 Essential retouching (e.g., exposure, white balance, straightening) is included in all images provided.

8.2 Additional retouching requests (e.g., object removal, grass replacement, virtual staging) may incur extra charges.

8.3 Requests for revisions / re-editing must be made within 5 business days of delivery.

8.4 All final files are delivered digitally via email or download link. We do not provide physical prints or USBs unless otherwise arranged.

9. Limitation of Liability

9.1 While we take care to produce high-quality work, we do not guarantee that our services will be error-free or uninterrupted.

9.2 Our liability is limited to the amount paid for the relevant services.

9.3 We are not liable for any indirect, incidental, or consequential losses resulting from the use of our services or deliverables.

10. Privacy & Data

10.1 We collect personal information such as your name, business details, contact information, and property details for the purpose of providing services.

10.2 We take reasonable steps to protect your data and only share it with service providers or partners involved in delivering your requested services.

10.3 You can view our full privacy policy here

10.4 Data Retention and Deletion: Visual Avenue securely stores raw image files and original media files for a maximum period of 3 months following the delivery of final edited images. After this period, we reserve the right to permanently delete all raw files without further notice or obligation. Completed and delivered edited images will remain accessible via Visual Avenue’s cloud storage for as long as Visual Avenue is in operation; however, clients are still responsible for downloading and backing up all final images upon delivery. We do not provide extended storage for raw or original files beyond the stated retention period. Visual Avenue is not liable for any loss or damage resulting from the deletion of raw files or the client’s failure to back up images. The rights and usage of final edited images remain governed by Section 5 of these Terms.

11. Dispute Resolution

11.1 Any concerns should be raised in writing within 5 business days of service delivery.

11.2 We will attempt to resolve disputes in good faith.

11.3 If unresolved, disputes may be referred to mediation before legal proceedings commence.

12. Amendments

12.1 These Terms & Conditions may be updated periodically.

12.2 Clients will be notified of material changes by email or public notice on our website.

12.3 Continued use of our services constitutes acceptance of the updated Terms.

13. Governing Law

13.1 These Terms are governed by the laws of New South Wales and Australia.

13.2 Any disputes will be handled within the jurisdiction of New South Wales courts.

14. Fine Art Prints

14.1 Print Production & Orders: All fine art prints are produced to order using high-quality materials through professional print labs. By placing an order, you confirm acceptance of the listed prices, print specifications, and turnaround times provided at the time of purchase.

14.2 Payment & Shipping: Payment is required in full at the time of ordering. Australia-wide shipping is included in the advertised print prices unless otherwise stated. Delivery times may vary based on your location and external courier delays.

14.3 Refunds & Returns: Due to the custom nature of fine art prints, we do not offer refunds, exchanges, or cancellations once production has commenced. Please ensure you review sizing, framing, and cropping details carefully before confirming your order. If your print arrives damaged, you must notify us in writing with photo evidence within 3 business days of delivery to arrange a replacement.

14.4 Colour Disclaimer: While every effort is made to ensure accurate colour reproduction, colours may vary slightly between screen displays and printed products. This is not considered a fault and is not grounds for refund or replacement.

14.5 Copyright & Usage: All fine art prints are copyrighted works of Visual Avenue and are sold for personal, non-commercial use only. They may not be reproduced, copied, scanned, or distributed in any form without prior written permission. Purchasing a print does not grant any license or ownership of the underlying digital image.

14.6 Framing & Care: If framed prints are purchased, they will be prepared with your chosen finish (e.g. black, white, or oak). You are responsible for ensuring proper handling and display of prints. Keep prints out of direct sunlight and away from moisture to preserve their longevity.

END OF TERMS & CONDITIONS OF SERVICE