Terms of service

Terms & Conditions

The following Terms and Conditions of Service apply to all products and services offered through the Agent Concierge Store of Berkshire Hathaway HomeServices PenFed Realty.

All work is carried out by Berkshire Hathaway HomeServices PFR (hereinafter referred to as PFR) on the understanding that the client has agreed to our terms and conditions.

Copyright is retained by PFR on all design work including words, pictures, ideas, visuals and illustrations unless specifically released in writing and after all costs have been settled.

If a choice of designs is presented and you select one of the designs, only the one selected will be delivered to you and will be deemed by us as fulfilling the product terms. All other design choices remain the property of PFR, unless specifically agreed in writing.

Hours of Operation

The Agent Concierge Store hours of operation are Monday to Friday, 9am to 5pm, excluding holidays (New Year’s Day, Martin Luther King Day, Presidents’ Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day and Christmas Day). Orders and emails sent to the Agent Concierge Store after hours will receive a response on the next business day.

 Project Acceptance

At the time of purchase at the Agent Concierge Store, the client indicates acceptance of these Terms & Conditions or the Terms and Conditions of the specific product that the client is purchasing, if applicable.

The only exception is for products that charge an hourly rate. In that case, PFR will submit a scope of work and estimate of cost to the client, and the client at that point may choose to proceed by signing the scope of work and estimate, or discontinue the process. Discontinuation of the process for products that require a scope of work and estimate must be done in writing within 30 days of the issuance of the estimate and scope of work. If the client accepts the scope of work and estimate, then the project proceeds according to the product description as stated in the product’s web page.

Charges

Unless otherwise stated in the specific product page within the Agent Concierge Store, all products require payment upon checkout. Payment terms and schedule may differ depending on the product. Each product’s payment schedule is outlined specifically on each product’s web page description. By purchasing the product, the client explicitly agrees to these terms and conditions or the product-specific terms and conditions.

Source Files

Charges for design work do not cover the release of our copyright design source files, including but not restricted to .indd, .psd, .ai, .aep, .prproj or other source files or raw code; if the client requires these files for transfer to a non-PFR designer, they will be subject to a separate charge to be determined.

Charges for Other Services

Charges for any additional services requested during the project that are over and above the estimated time or out of scope, will become fully payable (100% of the quoted amount) at the time of the quotation acceptance.

Payment

Unless otherwise stated, payment for all Agent Concierge Store products is due at checkout. If the product requires a deposit at checkout, the remaining balance must be paid after the client gives final approval for the product. PFR will then deliver the final product electronically upon payment of the remaining balance.

Default

An account shall be considered default if a balance remains for 30 days from the date of invoice. PFR shall be entitled to remove PFR‘s and/or the client’s material from any and all computer systems until the amount due has been fully paid. This includes any and all unpaid monies due for all services available from the Agent Concierge Store. Removal of such materials does not relieve the client of its obligation to pay the due amount.

Copyrights and Trademarks

By supplying text, images and other data to PFR for inclusion in the client’s product deliverable, the client declares that it holds the appropriate copyright and/or trademark permissions. The ownership of such materials will remain with the client, or rightful copyright or trademark owner.

Any artwork, images, or text supplied and/or designed by PFR on behalf of the client, will remain the property of PFR and/or its suppliers unless otherwise agreed in writing. Upon final acceptance and payment, PFR releases to the client all copyright permissions but retains the right to use the delivered products for promotional purposes.

A license for use of the copyright material is granted to the client solely for the project defined in the scope or request and not for any other purpose.

The client may request in writing from PFR, the necessary permission to use materials (for which PFR holds the copyright) in forms other than for which it was originally supplied, and PFR may, at its discretion, grant this and may charge for the additional usage. Such permission must be obtained in writing before any of the aforesaid artwork, images, text, or other data is used.

Any third-party material used in a web or digital project remains the property of PFR and any ongoing license fees or fees for upgrades are the responsibility of the client, not PFR.

By supplying images, text, or any other data to PFR, the client grants PFR permission to incorporate these materials into the finished product.

Should PFR, or the client supply an image, text, audio clip or any other file for use in a website, multimedia presentation, print item, exhibition, advertisement or any other medium believing it to be copyright and royalty free, which subsequently emerges to have such copyright or royalty usage limitations, the client will agree to allow PFR to remove and/or replace the file on the site.

The client also agrees to fully indemnify and hold PFR free from harm in any and all claims resulting from the client in not having obtained all the required copyright, and/or any other necessary permissions.

Alterations

The client agrees that changes required over and above the estimated work, or in addition to the agreed scope, or where the client makes changes to the supplied copy or changes required to be carried out after acceptance of the draft design, will be liable to a separate charge.

The client also agrees that PFR holds no responsibility for any amendments made by any third party, before or after a design is published.

Licensing

All design work, where there is a risk that another party make a claim, should be registered by the client with the appropriate authorities prior to publishing or first use or searches and legal advice sought as to its use.

PFR will not be held responsible for any and all damages resulting from such claims.

PFR is not responsible for any loss, or consequential loss, non-delivery of products or services, of whatever cause. The client agrees not to hold PFR responsible for any such loss or damage.

Any claim against PFR shall be limited to the relevant fee(s) paid by the client.

Data Formats

The client agrees to PFR’s definition of acceptable means of supplying data to the company.

Text is to be supplied to PFR in electronic format as standard text (.txt), MS Word (.docx) or via e-mail or shared folder.

Images which are supplied in an electronic format are to be provided in a format as prescribed by PFR via e-mail. Images must be of a quality suitable for use without any subsequent image processing, and PFR will not be held responsible for any image quality which the client later deems to be unacceptable.

PFR cannot be held responsible for the quality of any images which the client wishes to be scanned from printed materials.

Additional expenses may be incurred for any necessary action, including, but not limited to, photography and art direction, photography searches, media conversion, digital image processing, or data entry services, color-correction, and alteration of images.

Design Project Duration

Any indication given by PFR of a design project’s duration is to be considered by the client to be an estimation. Estimated project duration should be deemed to be from the date that cleared funds are received by PFR for the initial payment or by date confirmed in writing by PFR.

Design Project Completion

PFR considers the design project complete upon receipt of the client’s signed approval form or signoff email. After signoff, any additional/added corrections and requests by the client will be considered NEW WORK and is subject to additional charges.

Website Optimization

In a website optimization project, PFR will only optimize the client’s PFR-issued website. Any client requests for work outside of the PFR-issued website service will be considered out of scope and will be subject to additional charges as applicable. A website optimization project will be considered complete once the client publishes the site. Any additional change requests after the site has been published will be considered NEW WORK and is subject to additional charges.

Rights of Refusal

PFR will not include in its designs, any text, images or other data which it deems to be immoral, offensive, obscene or illegal. All advertising material must conform to all standards laid down by all relevant advertising standards authorities. PFR also reserves the right to refuse to include submitted material without giving reason. In the situation where any images and/or data that PFR does include in all good faith, and subsequently discovers is in contravention to such Terms and Conditions, the client is obliged to allow PFR to remove the contravention without hindrance, or penalty. PFR is to be held in no way responsible for any such data being included.

Disclaimer

PFR makes no warranties of any kind, express or implied, for any and all products and/or services that it supplies. PFR will not be held responsible for any and all damages resulting from products and/or services it supplies. PFR is not responsible for any loss, or consequential loss of data, or non-delivery of products or services, of whatever cause. While we take reasonable steps to investigate the materials we recommend, we accept no responsibility for the performance or quality of materials or any consequential loss arising from their failure. The client agrees not to hold PFR responsible for any such loss or damage. Any claim against PFR shall be limited to the relevant fee(s) paid by the client.

PFR reserves the right to use the services of sub-contractors, agents and suppliers and any work, content, services and usage is bound by their Terms and Conditions. PFR will not knowingly perform any actions to contravene these and the client also agrees to be so bound.

General

These Terms and Conditions supersede any previous Terms and Conditions distributed in any form. PFR reserves the right to change any rates and any of the Terms and Conditions at any time and without prior notice.

Acceptance of Terms and Conditions and Quotation

The placement of an order for design and/or any other services offered by PFR through the Agent Concierge Store is deemed to be acceptance of these terms and conditions, which are freely available at agentconcierge.penfedrealty.com.

Questions about the Terms of Service should be sent to us at agentconcierge@penfedrealty.com.