Terms and Conditions
TERMS & CONDITIONS This is an agreement between 1Virtual.com Ltd. (the 'Company') and the Client ('You'). These terms and conditions shall apply to all commissions undertaken by 1Virtual.com Ltd., unless otherwise specifically agreed in writing by either party. By commissioning a virtual image/tour from 1Virtual.com Ltd., You agree to be bound by these Terms and Conditions. All orders and requests for any 1Virtual.com Ltd. service will be subject to the Company's acceptance and will be governed by these Terms and Conditions. 1Virtual.com Ltd. Services
1Virtual.com Ltd. provides virtual image/tour services involving, without limitation, the filming of locations/premises to process iPIX Immersive images. The iPIX images are then licenced for use to the Client ('You') for use on the Internet, CD ROM or any other distributable media. The Client's warrants & obligations
• The Client warrants that the location to be shot is in a suitably presentable condition.
• The Client warrants that authority to commission the production of a virtual image/tour of the location in question is the Clients responsibility, including allowing 1Virtual.com Ltd. representatives access to the location.
• The Client warrants that the display and distribution of virtual images/tours, via Internet or email complies with all relevant legislation in the Clients country.
• The Client will be liable for the full cost of the commission if 1Virtual.com Ltd. representatives are unable to gain access to the location/premises for an agreed appointment. If another appointment is made to shoot the location, this will be at an additional cost to be agreed between the parties. 1Virtual.com Ltd's warrants & obligations
• 1Virtual.com Ltd. warrants that it will use reasonable skill and care to provide the agreed commission.
• 1Virtual.com Ltd. warrants that it will perform the commission photography at the agreed time. If a representative fails to arrive for an agreed appointment, the Client may elect for a new appointment at a mutually agreed time, or request a full refund of any monies paid in respect of the commission.
• 1Virtual.com Ltd. warrants that it will not materially adjust any images/tours filmed, except to protect agreed areas of informational sensitivity.
• 1Virtual.com Ltd. warrants that the quality of the photographs taken will be of a high standard. We cannot guarantee the lighting of tours. When possible we will adjust the lighting using the available sources in the location. However results will vary from location to location based upon these unforeseen circumstances. In the event of a dispute about the quality of pictures taken, 1Virtual.com Ltd. may, at its sole discretion, elect to re-shoot the images. All other warranties, express or implied, are hereby excluded to the fullest extent permitted by law. Any liability 1Virtual.com Ltd. may have, whether in tort or contract, including negligence or otherwise, shall be limited to the total fees paid by the Client under this agreement. Liability
1Virtual.com Ltd. shall not be liable to you, or to any third party, for any loss of sales, loss of turnover, loss of profits, or loss of use or corruption of software or data, or for any special, indirect, or consequential loss. 1Virtual.com Ltd. shall not be responsible for any delay or failure to carry out commissions under this agreement for reasons beyond 1Virtual.com Ltd.'s reasonable control, including but not limited to the acts or omissions of a third party, or the Client's failure to perform the Client's own obligations. 1Virtual.com Ltd. does not guarantee that any of its virtual image/tour files shall be playable on any particular computer system. This section shall survive the termination of this agreement for any reason. Fees, Charges & Expenses
1Virtual.com Ltd. fees and expenses (eg: travel) will be fully agreed by both parties before commencement of any commission. In most circumstances fees shall be invoiced immediately upon completion of the project shoot. However, in certain circumstances, and to our discretion, it may be necessary to charge a 25% deposit prior to the commencement of a project or upon acceptance of this agreement. If a deposit is required then this must be paid within 14 days of the invoice date, with the remaining billed upon completion and also due within 7 days of invoice date. 1Virtual.com Ltd. reserves the right to charge interest at 4% above Bank of England base rate for any monies owed outstanding beyond 30 days. Clients can pay by cash, cheque or electronically online. Intellectual Property
1Virtual.com Ltd. reserves the following rights on all commissions undertaken. All copyright on images created by 1Virtual.com Ltd. All other intellectual property rights remain with their respective owners. Data Protection
1Virtual.com Ltd. warrants that it will at all times comply with the UK Data Protection Act, 1988 and will indemnify the Client from and against all costs, claims and liability arising out of any breach by 1Virtual.com Ltd. of its obligations to keep data secure and to adhere to the requirements of the UK Data Protection Act, 1998. The Client warrants that the display and/or distribution of virtual images/tours, via Internet or email, complies with all relevant legislation including, without limitation, the Data Protection Acts of 1988 and 1998, and the Property Misdescriptions Act, 1991. Cancellation
1Virtual.com Ltd. recognises that the Client may need to postpone or cancel an appointment. The Client may postpone a commission at any time up to 4pm the day before the scheduled photography shoot without cost, providing 1Virtual.com Ltd. has not already committed to unavoidable expenditure (eg: travel costs). If 1Virtual.com Ltd. has already committed to such costs, 1Virtual.com Ltd. will charge the Client accordingly. Cancellation or postponement of a commission by the Client for any reason after 4pm of the day prior to the shoot will incur a charge to cover costs already incurred. Termination
1Virtual.com Ltd. reserves the right to terminate this agreement by written notice for any reason, including nonpayment of fees. Fees shall be payable immediately on termination, howsoever caused, of this agreement. General
1Virtual.com Ltd. reserves the right to amend this agreement from time to time and will post new versions of this agreement on the Company's web site. This is the only agreement between 1Virtual.com Ltd. and the Client. If a court decides that any part of the agreement cannot be enforced, then that part will not apply. In this event, the rest of the agreement will continue to apply. Any notice given under this agreement must be made in writing and delivered by hand or by pre-paid first class post to the parties' respective addresses. This agreement shall be governed by the law of England and the jurisdiction of the English courts.
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