Terms and Conditions

 

AGREEMENT OVERVIEW

This agreement contains the entire understanding between Virtually There and the Client. It supersedes all prior and simultaneous agreements between the parties. The only way to add or change this agreement is to do so in writing, signed by all the parties.

 

SERVICE AGREEMENT

This confirms my contracting agreement: I agree that Virtually There shall provide services to photograph your business and/or products to the best of our abilities in accordance with the package selected. Every effort will be made to assure your satisfaction according to industry standards. Any artistic interpretation by the photographer will be deemed acceptable and correct. We do all we can to ensure that you are satisfied with your images and products. We cannot be responsible for dissatisfaction due to circumstances beyond our control.

 

COOPERATION

The parties agree to cheerful cooperation and communication for the best possible result within the definition of this assignment. The expectation is that the client or their authorised representative will be present during the sessions, if the client is not able to be present then Virtually There shall use its own judgement regarding style and the composition of pictures. This includes but is not limited to locations, poses and number of images taken.

 

IMAGES AND COPYRIGHTS

Virtually There retains the entire copyright of the images at all times, throughout the world unless specific agreements for copyright purchase by the client are agreed in writing. Upon final payment by the Client, the Client is granted limited licence to use and or display resulting images. The licence to use comes into effect from the date of payment of the relevant invoice(s). No use may be made of the Photographs before payment in full of the relevant invoice(s) without the Photographer’s express permission in writing. Any permission that may be given for prior use will automatically be revoked if full payment is not made by the due date or if the Client or Agency is put into receivership or liquidation. Where restricted in the Agreement, permission to use the Photographs for other purposes will normally be granted upon payment of a further fee to be mutually agreed. Note:  A written agreement must be made with the Photographer before the Photographs may be used for other purposes.  Where uses of an image are made which breach the licence to use further charges will be made. Any reproduction rights granted are by way of licence only and no partial or other assignment of copyright shall be implied. 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 or an administration is appointed, any licence granted shall immediately cease.

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RIGHT TO CREDIT

The Licence to Use requires that the Photographer’s name “Virtually There’ will be printed on or in reasonable proximity to all published reproductions of the Photograph(s) e.g. online editorial feature, press feature.  The client is not required to include a credit next to images used on their own website or marketing literature. 

 

MODEL & PROPERTY RELEASE

The Client(s) & Subject(s) hereby grant to Virtually There, the irrevocable and unrestricted right to use and publish photographs of the Client and/or the Client’s business and/or products for the promotion of Virtually There’s business and services, including editorial, trade, advertising and any other purpose and in any manner and medium.

 

LIMIT OF LIABILITY

In the unlikely event that the photographer is injured or becomes too ill or has an extreme emergency that prevents them from photographing the session, Virtually There will make every effort to reschedule the session. If for whatever reason this is not possible, responsibility and liability is limited to the rescheduling, or return of all payments received for the package purchased. Virtually There takes the utmost care with respect to exposure, transportation, and processing the photographs. However, in the unlikely event that photographs have been lost, stolen, or destroyed for reasons within or beyond Virtually There’s control, Virtually There’s liability is limited to the return of all payments received for the photography package.

 

THIRD PARTY PUBLISHERS (Including Google Street View)

Virtually There cannot be held liable for the policies and requirements of third-party publishers. Virtually There will exercise all due efforts to ascertain and abide by the policies and requirements of third-party publishers but as those policies and requirements may be subject to change without notice it is not the responsibility of Virtually There to ensure that any delivered content is published by any third-party publishers. Virtually There accepts full responsibility for the delivery of the imagery to the client. Any offer of delivery to a third-party publisher is made with the understanding that the imagery will have been made with consideration for the policies and requirements of any publishers but no express guarantees for the actions of another entity are possible at any time.

 

VIRTUAL TOURS

There is no way of knowing how web technology, including browsers, will develop in the future and how that may impact the functionality of virtual tours. If any developments should affect the functionality of the virtual tour, we will strive to work with you should such situations arise but these changes are beyond our control. 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.

 

SERVICE FEE PAYMENT

Our payment terms are strictly due before the photoshoot unless agreed in advance and in writing;

If payment is not made in accordance with above then Virtually There may rescind any Agreement and recover damages, or may exercise its statutory right to interest under the Late Payment of Commercial Debts (Interest) Act 1998.

A fee of £25 will be made for each account reminder, duplicate invoice, or any other paperwork, correspondence or phone calls involved with the pursuance of a debt. This fee is non-refundable, and represents the additional time spent pursuing overdue invoices.

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