360companys terms & conditions

 

These terms & conditions are in effect from the 1st of january 2020. 

• Generally

Unless its agreed upon in writing, these terms & and conditions applies for 360company (Owned by 360 Partner ApS, Torveporten 2, 5 sal. 2500 Valby, VAT-no 41543531(Hereafter known as “seller” when doing business with the buyer.

To make an agreement with the seller, the deal must be signed by a person who are autorized to sign on behalf of the buyer. Its solely the buyers responsibility if this is not the case.  

• Offers 

The sellers written offer that doesnt have a deadline for acceptance, lapses no later than 30 days after the date of the offer. An oral accept must be accepted immediately, but will need a written accept to be applicable 

    Prices 

All prices are without VAT.

If the offered prices including hosting-fees changes, due to changes in the buyers purchase prices, exchange prices, freight, customs, taxes, etc. The seller can freely change the offered prices.

If the price of the product or service are based on a pricelist, the price will be based on the pricelist that are valid at the time of the delivery. The pricelist must be perceived as a guideline, and can allways be changed with no prior notice.

Payment 

Unless a special agreement about terms of payment, have been made, payment must be made no later than 7 days after the date of the invoice. The invoice will be created on the day that the job has started. 

The buyer are obliged to keep the seller updated on the buyers contact-information, so that the invoice and other important information reaches the right person. 

Medmindre andet er aftalt, skal betaling ske senest 7 dage fra fakturadato. Faktura kan fremsendes pr. mail. Fakturering vil ske den dag hvor den pågældende opgave påbegyndes. 

If the payment are late, 1,5% of the full amount will be added as an interest to the invoice. The seller are also entitled to get charge a conpensation-fee.  

Non compliance of the sellers payment terms will be seen as a violation, and the seller can stop any further delivery, and demand the full receivable paid immediately.

For all reminders of payment that the seller needs to send, will have a reminder fee.of 15€.

If the buyer are violating the payment terms, the seller are entitled to cancel the buyers delivery.

If there is an agreement stating that the buyer must pay in advance, this payment must be made no later than 5 days after the buyer has accepted the offer. The seller are not obliged to start the agreed service, until the advanced payment has been made.  

Companies

• The sellers products/services

The sellers products are named 3D Virtuel Tour, Google Street View and 360 Tour  

3D Virtual Tour 

This product gives the buyer the posibility to show potential clients, users etc. a virtual look inside the buyers building by using a third party software. The sellers product are delivered to the client when the buyer recieves an URL to the virtual tour in his/her inbox.

The costs for the 3D Virtual Tour consists of a one-time fee for the photo-shooting, and an anual fee for hosting the virtual tour.

A 3D Virtual Tour are an indoor product, and due to technical causes the virtual tour and 3D model can only be made from the inside of a building. If the weather allows it we are able to do some 360 photos from the outside area, that can be connected to the 3D Virtual Tour. The photoshoot will not be planned accouding to the weather forecast

The seller are not responsible in case that the weather on the day for the photoshoot does not allow 360 degree photos outside, which means wheather like snow, rain, storm etc. If its not possible for the seller to take the 360 degree photos outside due to the wheather, the seller are not obliged to do a new photoshoot.  

The buyer accepts that the final footage cannot be changed or edited using photo-editing programs like photoshop or similar. Its also not possible to blur/hide the equipment in mirrors or windows. Although we allways do our best to avoid exactly this. The buyer also accepts that some misalignments can cause small graphical errors to the final footage.

The buyer accepts that on large buildings, where some areas inside the building look very much alike, we might have to place socalled QR-codes in these areas to finish the photoshoot due to technical causes. These QR-codes will be visible on the final footage.

When ordering a 3D Virtual Tour, the buyer can choose to optimize the final presentation by adding some extra features like “360 degree photos for Facebook”, “Upload of the virtual tour to Google Street View”, etc.

When ordering a 3D Virtual Tour the buyer are obliged to pay a hosting-fee to be able to view the virtual tour online. If the hosting-fee are not paid, the virtual tour will no longer be available. Since the hosting-part are supplied by a third party, we preserve the right to change the hosting-fee if necessary, although it will not take effect until the next payment of the hosting-fee.

When ordeering a 3D Virtual Tour, the buyer accepts Matterport Privacy Policy. By embedding the virtual tour on to a website, the buyer accepts that the result can be found in Google´s search results.

Google Street View

With help from the well-known Google Street View-platform, this product gives the buyer the possibility to give potential clients a virtual look inside the buyers builiding/company. The final product are considered delivered, when the buyer has received a link to the Google Street View Tour, in his/her mailbox. The costs for a Google Street View Tour are based on a one-time-payment that covers the time spent at the photoshoot, and the time spent on uploading the footage to Google. The Google Street View Tour are hosted on Google´s servers, and are therefore an arrangement between the buyer and Google. 

Since the equipment can not tolerate bad wheather like rain, snow, storm, etc, it is to be considered as an indoor-product. The photoshoot will not be planned according to the wheather forecase.

In case that its not possible to shoot the 360 degree outdoor-photos due to the wheather, the seller will not be obliged to come back another day and take the photos outside. If the buyer wants this, the buyer needs to pay for it. The buyer also accepts that direct sunlight through the windows can cause dark shadows on the final 3D model.

The equipment that we use can deliver 360 degree photos with a resolution up to 4096 x 2048. 

When ordering a Google Street View Tour, the buyer can choose to buy add-ons like 360 degree photos to Facebook, and blurring of faces in the photos.

The buyer accepts Googles Terms & Conditions when using the Google Street View Tour, see link below:

Politikker vedrørende billedeaccept og privatliv.  

• The buyers obligation and responsibility

Besides paying for the agreed products/services, the buyer are also obligated to comply with the agreement about the location and time and date of the photoshoot. Its the buyers responsibility to make sure that the location are ready for the photoshoot, , which means that the locationmust look like the buyer wants it to look at the final footage.

Its also the buyers responsibility to have all the necessary permits to do the photoshoot on the agreed location. If its not possible to complete the photoshoot due to a missing permit, the seller will send and invoice with the full amount of the price for the photoshoot. And if the buyer wants to schedule a new time and date to complete the photoshoot, the buyer must pay for it as it was a new photoshoot.

The buyer must comply with the agreed date and time of the photoshoot. If the buyer has any changes to the date and time of the photoshoot, the buyer must inform the seller about this change no later than 72 hours before the agreed date and time of the original photoshoot. If the date and time of the photoshoot are to be changed later than 72 hours before, the seller will send an invoice with the full amount of the price for the photoshoot .

If the seller/photographer can not begin the photoshoot when he/she shows up at the agreed location at the agreed date and time due to a delay from the buyer, the Seller will add a “delay-fee” of  50% of the price for the photoshoot on the final invoice.

If the seller/photographer are still not able to begin with the photoshoot after 15 minutes due to a delay from the buyer, the seller/photographer have the right to leave the location, but still send an invoice for the full amount of the agreed order. If the buyer wants to schedule a new date and time for a photoshoot, the buyer will have to pay for it as it was a new job.

If the photoshoot are completed as planned, and the buyer wants to do a reshoot due to staff, customers or other people or items are visible in the final footage, the buyer will pay all costs.

When creating a 3D Virtual Tour or a Google Street View Tour, we will allways add out credentials to the final footage, so its visible to everyone, who did the job.

The buyer are responsible for removing all unwanted items and persons from the location when doing the photoshoot, since the final footage can not be edited in any way.

The buyer accepts that due to technical issues, the final footage can have small beauty flaws in it that we can not fix.

Notice that due to the technology being used to create the 3D Virtual Tour and Google Street View Tour, the buyer cannot go through the footage made on location. The seller uses a third party software to produce the 3D Virtual Tour and Google Street View Tour.

• Delivery 

The delivery time for the 3D Virtual Tour and Google Street View are up to 2 weeks.

The buyer has the right to share and embed the virtual tour or Google Street View Tour where they wish.

The 3D Virtual Tour are available online as long as the buyer continues to pay the anual hosting-fee. 

• Complaints

If the buyer has any complaints about the delivered 3D Virtual Tour or Google Street View Tour, the buyer must inform the seller about it no later than 7 days after it was delivered. If the seller are not imformed about the complaint before the 7 th. day after delivery, the seller are not obligated to react on the complaint.

The seller decides how to fix the problem.

• Cancellation

When accepted, this order can not be cancelled by the buyer, and prepaid amounts will not be returned to the buyer. 

• Limitation of responsibility 

The sellers responsibility for damages or losses are limited to that amount that are being charged for the service that caused the damage/loss.

The seller are not responsible for lost profit, lost savings or losses caused by criminal actions due to recordings of a specific location. The seller are also not responsible for losses caused by not being able to use the delivered product like a 3D Virtuel Tour or a Google Street View Tour. 

The seller are not responsible for losses caused by technical interruptions, technical disturbances, technical problems, disturbances on third parties servers, and/or services/products.

Since the seller offers products/services, that are being hosted on third parties servers, the seller area not responsible for how long the buyers product are available on these servers. The seller are not responsible for how long these services can be used, or how long are offered and supported by the companies that developed the services.

Since the seller offers products/services that needs to be uploaded to third parties systems, the seller are not responsible for delays or waiting-time, because this depends on the third partys systems. 

• Force majeure 

The seller are not liable for losses caused by extreme circumstances that are beoynd the control of the seller, for example Strikes, Lockouts, war, rebels, domestic riots, wheather, natural disasters, currency restrictions, public seizure, pandemic, etc.

For the seller, force majeure covers these; Hacking of third parties servers, creach in third parties systems, use of third parties services; 3D Virtual Tour, Google Street View, and more. And theft at the Seller´s company.