VIRTUAL TOUR TERMS AND CONDITIONS
Effective Date January 1, 2022
The following are the terms and conditions agreed to for virtual tour photography and hosting services provided by Elevate Solutions Group.
TERMS AND CONDITIONS WITHIN THIS AGREEMENT
“The Provider” referred to throughout this agreement is Elevate Solutions Group, or its authorized representatives.
“The Client” referred to throughout this agreement is the person, business, or organization to whom the products and services are invoiced to.
“Product” “Products” “Materials” or “Services” all refer to any services or materials being provided to or used by The Client, whether in digital, hard copy or material form.
All sales agreements and contracts are understood to be entered into by approved representatives of both The Provider and The Client.
COPYRIGHT AND OWNERSHIP OF MATERIALS
The copyright and ownership of all pictures, videos, or other materials will remain the sole property of the provider, unless otherwise stated. The Client is granted a license to use any products, services and images provided with no end date unless otherwise specified.
In exchange for the services fees, The Client is granted full access to the delivered products to use in whatever form they choose.
Online hosting and accessibility of the virtual tour will be provided by The Provider in accordance with the agreement, for the expressed term OR the lifetime of the product.
The Client agrees to use the product in its provided form and will not alter or edit it without prior authorization from The Provider.
USE AND REPRODUCTION
The License to Use goes into effect once payment of any and invoices has been made. Products or services may not be used by The Client until The Provider has received all agreed upon payments in full.
Permission for use of products and services may be granted by The provider before all payments have been received. However, this permission will be immediately revoked if payment of the invoice is not made in the time frame agreed upon in the contract or invoice.
Reproduction rights are granted to The Client for any and all online or other marketing efforts for their business, such as on their website, in their social media properties, or any offline marketing media materials as they see fit. Any additional use for a different purpose will require permission from The Provider.
As the author and license holder of the products The Provider retains the right to use any images taken of public areas commercially. This excludes any images taken on the clients private property.
Reproduction of any and all products by The Client is prohibited unless authorized and agreed to by The Provider.
The Client is granted use of the products with no future fees unless otherwise specified in the contract. Hosting of Virtual Tours and Photographs is currently free for the life of the business’ Google Street View and Google Business Profile. However, The Provider is not responsible for future changes to any third party platforms rules, policies or fees.
SERVICE FEE PAYMENT
The Provider or its authorized representative and The Client will agree upon fees for services at the time of sale. The Client agrees to pay a minimum of 50% of the total fees at the time of sale, and any remaining balance upon delivery of the product and full approval of The Client. In the event of cancellation of any services by The Provider, The Client will be issued a full refund.
IMAGE EDITING AND RETOUCHING
All images will be edited, retouched or enhanced by The Provider to achieve the best possible quality, and edits are subject to approval by The Client.
This Agreement is considered confidential information. Neither The Provider nor The Client will disclose or make this Agreement available to any third party except as specifically authorized by The Provider in writing.
LIMITATIONS ON LIABILITY
Except for breaches of confidentiality, neither The Provider nor The Client will be liable (under any theory or circumstance) for lost revenues or indirect, special, incidental, consequential, exemplary or punitive damages, and neither party’s aggregate liability for any claim arising or related to this agreement.
The Provider takes no responsibility for copyright or privacy issues in The Clients’ business location(s) and it is assumed The Client has all necessary permissions for photography to be conducted in all areas requested and with any persons involved.
THIRD PARTY RESPONSIBILITY
The Provider will not be held liable for any changes to rules, policies or fees of any third party platforms or businesses, affecting The Clients’ use of any products or services provided.
The Provider makes no guarantee of results of any kind from these marketing materials. However, we do guarantee The Clients’ satisfaction at time of delivery. If The Client is unsatisfied with the product in any way before delivery or publication, The Provider will make any and all reasonable efforts to make and to provide products that conform to The Clients’ expectations. If, before publication, after all options deemed by The Provider are exhausted, The Client will be issued a full refund.
Elevate Solutions Group