In working with The Virtual Tour Experts you agree to the following terms and conditions.
The following document outlines the terms and conditions for The Virtual Tour Experts services. By working with us you agree to adhere to these conditions.
IMAGE EDITING AND RETOUCHING FOR ALL TOURS
All images will receive individual attention in the form of retouching, enhancement, selective area adjustment, textures, etc. Please note that cramped spaces and extremely bright or contrasting light conditions aren’t ideal for 360 photos.
In the following, you or your company are referred to as “the client” and The Virtual Tour Experts as “the service provider”.
The client shall pay 50% of the quoted cost prior to the photo shoot. In the event of cancellation by the client where costs have already been incurred by the service provider the client will be liable to pay these costs (fuel, time, accommodation, expenses). The remaining charges are payable within 30 days of the shoot being completed, published and prior to release of any usage rights. An invoice will be issued separately.
TERMS & CONDITIONS:
1. Background. This Agreement is between The Virtual Tour Experts (the “Service Provider”) and the client whose premises are being photographed for the virtual tour (the “client”).
2. Service Fee Payment. Service Provider and The Client will agree on an amount for the services (“Service Fee”), and The Client will pay 50% of Service Fee prior to the shoot and 50% upon completion and publication. In the event of cancellation by The Virtual Tour Experts you will be entitled to a reschedule or refund.
3. Services and Ownership of Photographs. In exchange for the Service Fee:
(a) Service Provider hereby assumes all ownership rights to the Photographs. The client is granted licence to use these images for the marketing or promotion of their business on and offline. Said images may not be altered or used in any manner outside what is prescribed in this document without first requesting permission The Virtual Tour Experts. The client must obtain permission from and compensate The Website & Marketing Company prior to The client, its associates, friends or relatives re-distributing or selling the photographs for any reason not prescribed in this document.
4. Limited Licence to Service Provider. The client grants Service Provider a non-exclusive license to use a reasonable number of images created under this Agreement as “samples” or “portfolio copies” for Service Provider to archive examples of Service Provider’s work or market Service Provider’s services.
5. Time and Date of Services. Upon agreement, Service Provider will reserve the time and date agreed upon to provide the photographic services.
6. Retouching. The Virtual Tour Experts is granted total artistic control over the final image and the client understands that creative licence is given to create the best images possible in the reasonable opinion of the service provider.
7. Confidentiality. This Agreement is confidential information. The client will not disclose or make this Agreement available to any third party except as specifically authorized by Service Provider in writing; when the client provides reasonable prior notice to Service Provider.
8. Limitations on Liability.
(a) except for breaches of confidentiality, (i) neither party will be liable (under any theory or circumstance) for lost revenues or indirect, special, incidental, consequential, exemplary or punitive damages, and (ii) neither party’s aggregate liability for any claim arising or related to this agreement.
9.The service provider takes no responsibility for copyright or privacy issues in the venue and it is assumed the client has all necessary permissions for photography to be conducted in all areas requested and with any persons involved.
Modifications. Any modification of this Agreement must be (a) pre-approved by Service Provider in writing, and (b) reflected in a written agreement that is signed by both Service Provider and the client.
10.The virtual tours built are offered as a commercial solution “as is” backed by our exceptional customer support and service. Like all virtual tour providers there is no way of knowing how web technology will develop in the future and how that may impact the functionality of tours. We will strive to work with you should such situations arise but these changes are beyond our control at the time of delivery. In no event will the virtual tour experts be liable for loss of data, costs of procurement of substitute goods or services or any special, consequential or incidental damages, under any cause of action. In any event the virtual tour experts will have no liability arising out of this agreement.
11.Entire Agreement. This Agreement incorporates the entire understanding of the parties relating to its subject and supersedes any prior or contemporaneous agreements on that subject.
COMMISSIONING AND REPRODUCTION OF PICTURES FROM THE VIRTUAL TOUR EXPERTS
Terms and Definitions:
(b) the Client is the person or organisation to whom the invoice is addressed (whether or not the Client is acting for a third party);
(c) The Virtual Tour Experts administers the licensing of the works of the Photographer, Neil Henderson and is a trading name of The Website & Marketing Company Ltd. a company registered in England;
Copyright and Ownership of Materials:
(a) Title to all photographs remains the property of the Photographer;
(b) Neil Henderson has a moral right to be identified as the author of his work and the right to a credit, if requested, in accordance with sections 77 and 78 of Copyright, Designs and Patents Act 1988;
Use and Reproduction:
(a) The License to Use only comes into effect once payment of the invoice has been made. No use may be made of the images until full payment – including any late payment charges that may have been levied – has been received by The Virtual Tour Experts;
(b) Permission may be granted for image use before payment, however this permission will be immediately revoked if payment of the invoice is not made by the timescale stated on the invoice;
(c) Reproduction rights are strictly limited to those specified by The Virtual Tour Experts. It is assumed the client will use the images on their own website and through their direct marketing channels (Facebook, google and other of their own social media). Use is also granted for the client to share the images with those directly involved with the marketing and promotion of their business. Any additional use for a different purpose will require permission from The Virtual Tour Experts;
(d) As the author and license holder of the photography The Virtual Tour Experts retains the right to use any images taken of public areas commercially. This excludes any images taken on the clients private property; any such images can only be used as a point of reference in portfolio work unless express permission has been granted by the client.
(e) On the Client’s death or bankruptcy or (if the Client is a company) in the event of a Resolution, Petition or Order for winding up being made against it, or if a Receiver is appointed, The Virtual Tour Experts may at any time thereafter inspect any records, accounts and books relating to the reproduction of its pictures to ensure that the pictures are being used only in accordance with the reproduction rights granted to the Client.