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 photoshoot unless otherwise defined in the proposal/agreement. 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. In the event of cancellation by The Virtual Tour Experts, you will be entitled to a reschedule or refund.
TERMS & CONDITIONS
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. Services and Ownership of Photographs – In exchange for the Service Fee:
Service Provider hereby assumes all ownership rights to the Photographs. The client is granted a 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 from 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.
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.
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.
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.
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.
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.
12. 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.
The Virtual Tour Experts reserves the right at any time and from time to time to amend, improve or correct the Services, Software and/or Hardware (or any part thereof) provided that such modification does not materially affect the overall quality of the Services. This includes the right to substitute the Hardware with Hardware of similar specification, where necessary. The Virtual Tour Experts shall endeavour to give the Client reasonable notice of such modifications but this may not always be possible and The Virtual Tour Experts shall not be liable to the Client or to any third party for any such modification or any failure to give such notice
The Virtual Tour Experts will endeavour to respond to a Support Call during Standard Support Hours within 24 hours.
If the Client is not satisfied with the Service(s) provided or with the response to a prior complaint, a formal complaint can be made in writing to firstname.lastname@example.org
Unless Service availability is affected, complaints will be acknowledged within 24 hours during Standard Support Hours. Business critical complaints should be escalated by the Client via telephone using the number listed at virtualtourcompany.co.uk
Acceptable Use Policy
The Virtual Tour Experts’ Acceptable Use Policy (“Policy”) is intended to help protect The Virtual Tour Experts service, The Virtual Tour Experts clients and the Internet community in general from irresponsible or, in some cases, illegal activities, and the Client agrees to be bound by the Policy.
- The Client and their end users shall not, nor shall they permit, enable, or assist others, to use the Services for any breach of any applicable law or generally accepted transmission or application protocols applicable to the Internet or any part of it or to anything connected to it or to any user of it. Such prohibited use includes but is not limited to the following:
- civil infringement of and/or criminal offences relating to copyright, trade marks or any other intellectual property right in any jurisdiction; or
- commission of any criminal offence (including deliberate transmission of computer viruses) under the Computer Misuse Act 1990 (UK) or any similar legislation in any country; or
- knowingly or recklessly transmitting, displaying or posting to a publicly accessible service any material which is unlawful or actionably defamatory or an invasion of privacy, breach of an intellectual property right or breach of a right of publicity in any jurisdiction with which any publicly accessible service reasonably appears to have any connection or from which it may reasonably be apprehended that a publicly accessible service is likely to be significantly accessed; or
- transmitting, transferring, displaying or posting to a publicly accessible service any material in breach of the Data Protection Act 1998 (UK) or similar legislation in any other country or of any material which is confidential or is a trade secret or which affects the national security of the United Kingdom or the said territory or which may expose The Virtual Tour Experts to any retribution or penalty under the laws and/or regulations and/or decrees of the United Kingdom or any other country relating to the export of or dealing with military or potentially military resources; or
- use of the Services or the Internet in any manner which is a violation or infringement of any rights of any kind or nature (whether like to any of the foregoing or otherwise) of any person, firm or company; or
- unauthorised access to the network management equipment of The Virtual Tour Experts or other Internet service providers; or
- forgery of Internet addresses or other fields in IP packets by the Client; or
- any sending of unsolicited email messages or any mass mailing of unsolicited advertising material by the Client; or
- any activity that potentially could harm the The Virtual Tour Experts Network, its clients’ networks or other networks, including but not limited to traffic flooding, malicious overflows, etc;
The following outlines the Service that The Virtual Tour Experts is to achieve. This does not constitute any additional liability to The Virtual Tour Experts, but instead a self-assumed obligation towards the Client. Under the conditions below.
The Virtual Tour Experts Network Availability and Power Availability currently operates at 99.99% in any calendar month. Calculation shall exclude periods when outages arise from, or are otherwise indirectly caused by:
- Outage periods due to any cause other than faults by The Virtual Tour Experts, including faults or negligence of the Client or problems associated with equipment connected on the Client’s side of The Virtual Tour Experts delivery point,
- Outage periods reported by the Client in which no fault is observed or confirmed by The Virtual Tour Experts,
- Downtime when The Virtual Tour Experts technical staff cannot have access, when the Client is requested to do so for the purpose of investigating the problem and restoring the service, to Client premises and equipment pertaining to the service in case the service should include the management of equipment on the customer site by The Virtual Tour Experts,
- The Client requesting The Virtual Tour Experts to test Client connection although no fault has been detected and/or reported by The Virtual Tour Experts,
- During Scheduled Maintenance affecting the Services as defined above.
- Performance degradations and service loss due to Denial Of Service attacks or other unlawful attacks.
Neither Party will be obliged to carry out any obligation under this Agreement where performance of such obligation is prevented by the occurrence of a Force Majeure Event. No commitment from The Virtual Tour Experts applies in case of Force Majeure.
The Virtual Tour Experts is not in a position to assess any consequential loss which the Client may suffer as a result of any failure of the Services, or any other default on the part of The Virtual Tour Experts and it would be impractical and uneconomic for The Virtual Tour Experts to insure against such liability. Accordingly it is the responsibility of the Client to properly assess any consequential loss that it and/or its clients may suffer and to obtain and maintain adequate insurance in relation to such losses. The Client shall also ensure that it has adequate insurance cover in relation to any loss or damage which may be caused to The Virtual Tour Experts and/or its clients through the negligence or default of the Client, its employees, agents, or equipment. The Client shall, as and when requested, provide The Virtual Tour Experts with such evidence as The Virtual Tour Experts may require in relation to the Client’s insurance.
The Client agrees to fully indemnify and keep The Virtual Tour Experts, its subsidiaries, affiliates, officers, partners and employees fully indemnified from and against all actions, demands, costs (on a full indemnity basis), losses, penalties, damages, liability, claims and expenses (including but not limited to legal fees) whatsoever incurred by it or them and arising from any of the following: (i) the Clients breach of this Agreement or its negligence or other act, omission or default; (ii) the operation or break down of any equipment or software owned or used by the Client but not the Hardware and/or Software; (iii) the Clients use or misuse of the Services; (iv) the Client infringing (whether innocently or knowingly) third party rights (including without limit IPRs).
The Virtual Tour Experts shall have no liability to the Client for any loss arising from any material, data or instructions supplied whether digitally or otherwise by the Client or on its behalf which is incomplete, inaccurate, illegible, out of sequence or in the wrong form or arising from late arrival or non-arrival or any other fault by the Client or on its behalf.
No action, claim or demand arising out of or in connection with this Agreement may be brought by the Client against The Virtual Tour Experts more than one year after the cause of action has occurred.
The Virtual Tour Experts is not responsible for any delay, malfunction, non performance and/or other degradation of performance of any of the Services, Hardware or Software caused by or resulting from any alteration, modification and/or amendments due to changes and specifications requested or implemented by the Client whether or not beyond those already supplied.
Neither The Virtual Tour Experts nor anyone else who has been involved in the creation, production or supply of the Services, Hardware or Software shall be liable to the Client or any other person for any loss in contract, tort (including negligence or breach of statutory duty) or otherwise howsoever and whatever the cause thereof by reason of or in connection with this Agreement or the Services, Hardware or Software for any: (i) economic loss of any kind whatsoever, or (ii) loss of profit, data, business contracts, revenues or anticipated savings, or (iii) damage to the Client’s reputation or goodwill, or (iv) loss resulting from any claim made by any third party, or (v) special, indirect or consequential loss or damage of any nature whatsoever, and the Client shall indemnify The Virtual Tour Experts from and against any claim which may be made against The Virtual Tour Experts in respect thereof. Some jurisdictions do not allow the exclusion or limitation of implied warranties or of liability for consequential or incidental damages and therefore the above may not apply to the Client.