Terms of Service

Phoenix provides property visuals and media services, which may include:

• property photography
• floorplans
• video
• aerial/drone photography and video
• virtual staging
• image editing and retouching
• twilight imagery
• social media content
• other property visual services agreed between Phoenix and the Client.

The specific services supplied will be those confirmed at the time an order is placed.

The Client is responsible for ensuring that the property is ready for photography or other media production before the agreed appointment time.

The property should, where reasonably possible, be:

• clean and tidy
• appropriately furnished and staged
• free from unnecessary personal items
• accessible to the photographer or other Phoenix representative
• ready for the agreed services to begin at the scheduled appointment time.

Phoenix may provide a property preparation or "Getting Ready" guide.

If the property is not ready when the photographer arrives, Phoenix may proceed with the appointment based on the condition of the property at that time.

Phoenix is not responsible for the appearance of the property where its condition, cleanliness, furnishing, staging or preparation materially affects the resulting media.

Where the property is unsuitable for the requested service, Phoenix may recommend rescheduling.

The Client is responsible for ensuring that Phoenix has lawful and timely access to the property.

The Client must provide:

• correct property address
• access instructions
• keys, codes or other necessary access arrangements
• parking information where relevant
• any relevant restrictions or instructions concerning the property.

The appointment time is the time at which the Phoenix team is scheduled to attend, not necessarily the time at which photography will begin if access or preparation is delayed.

Where Phoenix is delayed because of circumstances outside its reasonable control, the Client will not automatically be entitled to a refund or compensation.

Appointments may be booked through the Phoenix platform up to approximately 15 months in advance, subject to availability.

Appointments normally start between 09:30 and 15:30 (UK time). A 16:00 start may be available for shorter jobs of up to one hour. Weekend appointments are available on request.

Phoenix is closed on England & Wales bank holidays. No appointments can be booked on those dates, and they are not counted as working days for delivery.

Availability shown on the platform reflects the whole Phoenix team. Phoenix will allocate a suitable photographer to each booking and may change the allocated photographer where reasonably necessary.

The Client is responsible for ensuring that all information supplied when placing an order is accurate.

This includes, where applicable:

• property address
• property type
• property size
• number of bedrooms
• number of rooms
• requested services
• appointment date and time
• access requirements.

If information supplied by the Client is materially incorrect and affects the service or price, Phoenix reserves the right to amend the order and charge the applicable difference.

The Client may provide reasonable instructions or preferences regarding the property.

These may be provided:

• when placing the order
• through the order comments
• directly to the photographer at the beginning of the appointment.

Unless otherwise agreed, Phoenix's photographer will use their professional judgement when selecting compositions, angles and images that best represent the property.

Phoenix's creative judgement shall not constitute a failure to provide the agreed service merely because the Client would have preferred different photographic compositions.

The Client may cancel or reschedule an appointment through the Phoenix platform or by contacting Phoenix. Only the agent who made the booking, their agency or Phoenix may change it. Cancelled bookings are final and cannot be reinstated; a new booking must be made instead.

Cancellation fees are based on the notice given before the appointment start time (UK time):

• more than 24 hours' notice — £0;
• between 12 and 24 hours' notice (inclusive) — £25;
• less than 12 hours' notice — £50;
• cancelled on the day of the appointment, or once the photographer is already travelling — £75.

Rescheduling is free of charge and may be made to any available slot, subject to availability. However, where a booking is rescheduled at short notice, the cancellation fee that applied at that moment is recorded against the booking and carried forward. If the booking is later cancelled, the fee charged will be the higher of the fee applying at that time and any fee carried forward, so a fee cannot be avoided by moving an appointment. The same fee is never charged twice.

The Client must select a reason when cancelling or rescheduling. The Client will receive an email confirming every cancellation or reschedule, including any applicable fee.

Fees are not taken online. Any cancellation fee is added to the agency's invoice.

Phoenix may waive or reduce a cancellation fee at its discretion where circumstances reasonably justify doing so, for example where the appointment can be reallocated to another Client.

If the photographer arrives and:

• the property cannot be accessed;
• the Client or occupant refuses access;
• keys or access codes do not work;
• the property is materially different from the information supplied;
• the property is unsafe;
• the property is not reasonably ready for the agreed service;

Phoenix may charge a failed appointment fee or rescheduling fee.

The applicable fee may depend on the circumstances and the time spent by the Phoenix team.

Unless otherwise stated at the time of booking:

Next working day

The following services will normally be delivered by the next working day:

• property photography
• standard floorplans
• aerial/drone photography, where successfully captured
• standard image processing.

Additional editing

Services requiring additional production time may be delivered on a later working day, including:

• video
• advanced retouching
• virtual staging
• twilight editing
• specialist image manipulation.

The expected delivery time will be communicated through the Phoenix platform where applicable.

"Working day" means Monday to Friday excluding UK public holidays.

Delivery times are estimates unless Phoenix has expressly confirmed a guaranteed delivery deadline in writing.

Drone services are subject to:

• weather conditions
• visibility
• wind
• airspace restrictions
• legal and regulatory requirements
• site-specific safety considerations
• CAA requirements
• the pilot's professional safety assessment.

Phoenix will not carry out a drone flight where it reasonably considers the flight unsafe or unlawful.

Where possible, Phoenix will arrange an alternative date or provide an appropriate alternative service.

Phoenix floorplans are produced for property presentation purposes.

Unless specifically agreed otherwise, they are not:

• architectural drawings
• structural drawings
• building-control drawings
• measured-building surveys
• legal plans
• construction drawings.

The Client is responsible for ensuring that any floorplan supplied for marketing is suitable for the intended listing.

Phoenix will use reasonable care when producing floorplans but cannot guarantee that dimensions will be accurate to architectural surveying standards.

Standard image processing may include:

• exposure adjustment
• colour correction
• contrast adjustment
• perspective correction
• basic image enhancement.

Additional editing may incur an additional charge.

Examples include:

• significant object removal
• extensive Photoshop work
• removal of furniture
• structural alterations
• replacement of skies where not included
• extensive virtual staging
• major digital reconstruction.

Phoenix will not knowingly create media that materially misrepresents the physical characteristics of a property without the Client's agreement and appropriate disclosure where required.

Unless otherwise agreed in writing, copyright in photographs, videos, graphics, floorplans and other original creative material produced by Phoenix remains with Phoenix or the relevant rights holder.

Once payment for the relevant order has been received in full, Phoenix grants the Client a non-exclusive, worldwide licence to use the delivered media for:

• marketing the relevant property;
• advertising the property for sale or rent;
• the Client's estate-agency website;
• property portals;
• social media;
• digital advertising;
• printed marketing relating to the property;
• the Client's own business marketing where the use relates to the property or the completed service.

The licence does not transfer copyright ownership.

The Client may not:

• sell the media as standalone stock;
• sublicense the media for unrelated commercial use;
• materially alter the media;
• claim ownership of the copyright;
• sell or licence the media to another party for unrelated purposes.

The Client confirms that it has the necessary authority to instruct Phoenix to create media of the property.

The Client is responsible for obtaining any permissions reasonably required from:

• the property owner;
• tenants or occupants;
• agents;
• landlords;
• other relevant rights holders.

The Client must notify Phoenix before the appointment of any restrictions affecting photography, filming, drone operations or publication of the media.

The Client should ensure that people, personal information and private belongings that should not appear in marketing media are removed or appropriately dealt with before the appointment.

Phoenix may blur or remove identifiable personal information where reasonably practicable.

Where people are intentionally included in promotional media, the Client is responsible for ensuring that appropriate permissions have been obtained where required.

Phoenix will handle personal information in accordance with its Privacy Policy.

Unless the Client has specifically requested otherwise in writing before the media is created, Phoenix may use completed work in its:

• portfolio
• website
• social media
• marketing materials
• presentations
• awards submissions
• editorial features.

If a property is subject to confidentiality, an embargo, celebrity/privacy concerns or another restriction, the Client must notify Phoenix before the appointment.

Unless otherwise agreed:

Phoenix will invoice the Client following delivery of the relevant media.

Invoices are payable within 14 days of the invoice date.

Phoenix may suspend future bookings or media delivery where an account has materially overdue invoices.

If an invoice remains unpaid after its due date, Phoenix may:

• suspend further bookings;
• suspend delivery of future work;
• require payment before accepting further orders;
• recover reasonable costs associated with recovering overdue sums.

Phoenix reserves any statutory rights relating to late payment.

Phoenix aims to provide media to a consistent professional standard.

If the Client believes that delivered media contains a material error or does not correspond with the agreed service, the Client should notify Phoenix within 5 working days of delivery.

Where appropriate, Phoenix may:

• correct the issue;
• re-edit the relevant media;
• arrange a re-shoot where the issue is attributable to Phoenix.

Requests based solely on personal preference or a change of mind may incur an additional charge.

A re-shoot may be arranged where Phoenix has made a material error in delivering the agreed service.

A re-shoot caused by circumstances outside Phoenix's control may be chargeable.

Examples include:

• property not being ready;
• furniture being changed after photography;
• weather;
• construction work;
• access issues;
• client-requested changes;
• staging changes after the original appointment.

Phoenix will provide its services with reasonable care and skill.

Phoenix will not be liable for losses arising from circumstances outside its reasonable control, including:

• severe weather;
• traffic or travel disruption;
• access problems;
• power or internet failures;
• equipment failure despite reasonable precautions;
• restrictions imposed by property owners or occupants;
• legal or regulatory restrictions;
• drone flight restrictions;
• events beyond Phoenix's reasonable control.

Nothing in these Terms excludes or limits liability where doing so would be unlawful.

Phoenix will not be responsible for delay or failure to perform its obligations where caused by circumstances reasonably beyond its control.

These may include:

• extreme weather;
• natural disasters;
• fire;
• flood;
• serious illness;
• government restrictions;
• transport disruption;
• technical infrastructure failure;
• widespread internet or telecommunications outages;
• other events outside Phoenix's reasonable control.

Phoenix may use employees, freelance photographers, contractors, editors, drone pilots or other specialists to deliver services.

Phoenix remains responsible for managing the service supplied to the Client.

All relevant contractors will be expected to comply with Phoenix's operational, quality and confidentiality requirements.

The Client and Phoenix agree to keep confidential any commercially sensitive information received from the other party that is not publicly available.

This obligation does not apply to information that:

• is already publicly available;
• becomes publicly available without breach of these Terms;
• must be disclosed by law;
• is reasonably required to deliver the services.

Phoenix may update its services, packages and pricing from time to time.

The price applicable to an order will be the price confirmed when the order is placed.

If the Client requests additional services after an order has been confirmed, Phoenix may charge the applicable additional fee.

The Phoenix platform is provided to allow Clients to:

• place orders;
• view appointments;
• manage properties;
• access delivered media;
• view invoices;
• communicate relevant order information.

Phoenix may temporarily suspend platform access for maintenance, security, technical issues or other operational reasons.

Phoenix may suspend or terminate a Client's account where:

• invoices remain materially overdue;
• the Client repeatedly breaches these Terms;
• the Client behaves abusively towards Phoenix personnel;
• the Client attempts to misuse the platform;
• the Client engages in unlawful activity;
• continued provision of services would create a material legal, safety or reputational risk.

Any outstanding sums remain payable.

These Terms are governed by the laws of England and Wales.

The courts of England and Wales will have jurisdiction over disputes arising from these Terms, subject to any applicable legal rights.

These Terms, together with the order confirmation, pricing and any specific written agreement between Phoenix and the Client, constitute the agreement between the parties concerning the relevant services.

Where there is a conflict between these Terms and a specific written agreement, the specific written agreement will take precedence to the extent of the conflict.