Terms and conditions
In working with the webwite and marketing company you agree to the following terms and conditions.
This agreememnt applies to the following services - Google Maps Street View Inside Tour and/or Custom Virtual Tour
Service Provider: THE WEBSITE & MARKETING COMPANY LTD.
The following document outlines the terms and conditions for The Website & Marketing company services. By working with us you agree to adhere to these conditions. The document outlines the 2 service types provided -a google street view inside tour and a custom tour. Only the terms related to the service undertaken are applicable.
-GOOGLE STREET VIEW INSIDE TOUR
Complete an onsite photo shoot at an agreed time to for your 360° photos. These photos will cover the key areas of your business. In line with Googles guidelines a shot of the outside of the building and any areas leading to the business are compulsory. Shots then need to be taken “roughly” every 3 metres along a natural walking route.
Only a Google trusted photographer can upload images to create a see inside option on your Google business listing. We will upload, edit, map and authenticate your virtual tour to the Google Street View system for approval. We cannot control the response time but you can usually expect to see it live within a week.
-CUSTOM VIRTUAL TOUR
We will create a custom tour which includes a drop down menu to aid with user navigation and social share buttons. We have complete control over this tour so you can choose the elements you would like to include. This will be hosted on our premium server to ensure optimum performance but we can provide the files for you to add on your own hosting if preferred.
-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. Ideally there would be clearance of around 1 metre from any point where the photo was taken.
In the following you or your company are referred to as “the client” and the website and marketing company 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 14 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 Website & Marketing Company Ltd. (the “Service Provider”) and the client whose premises are being photographed for the Google Maps Street View Inside Program and/or the virtual tour (the “client”).
2. Service Fee Payment. Service Provider and The Client will agree on an amount for the Street View Inside and related 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 Website & Marketing company you will be entitled to a reschedule or refund.
3. Services and Ownership of Photographs. In exchange for the Service Fee:
(a) Service Provider will take photographs of those portions of the exterior and interior of the Business premises as acceptable for photographing in connection with the Street View Program (the “Photographs”);
(b) Service Provider hereby assumes all ownership rights to the Photographs. The client is granted license 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 Website & Marketing Company. 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. Photos will be published to Google Maps Street View and subject to googles image acceptance and privacy policies - https://www.google.com/maps/streetview/policies/#service-use .
(c) Service Provider will upload the Photographs to Google for processing and use in accordance with Section 4 below.
4. Terms Governing the Uploading, Processing, and Use of Photographs.
(a) Authorization to Upload Photographs to Google for Google’s Use. The Client hereby authorizes Service Provider to upload the Photographs to Google on the clients’ behalf and licenses the Photographs for Google’s use in accordance with the Google Terms of Service.
5. Limited License to Service Provider. The client grants Service Provider a nonexclusive 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.
6. Time and Date of Services. Upon agreement, Service Provider will reserve the time and date agreed upon to provide the photographic services.
7. Service Provider will have no further liability with respect to the Agreement when Google accepts the Photographs that meet the Street View specifications.
8. Retouching. The Website & Marketing Company is granted total artistic control over the final image and the client understands that creative license is given to create the best images possible in the reasonable opinion of the service provider.
9. 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.
10. 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 will exceed the service fee.
(b) Google’s use of the photographs is governed solely by the Google Terms of Service in accordance with section 4 above. in no event will Google be liable to either the client or service provider (under any theory or circumstance) for any direct or indirect, special, incidental, consequential, exemplary or punitive damages.
11. 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.
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.