By accepting a quote, you agree to and accept these Terms and Conditions of Simply 360. Acceptance may occur by signing a quotation, confirming acceptance in writing, and/or paying the required deposit or invoice. Any changes or modifications to this agreement must be made in writing and acknowledged by both parties.

Pricing:

All quotes are valid for 14 days. Prices quoted by Simply 360 are subject to change at any time. All prices quoted are in Australian dollars and are exclusive of GST (Goods and Services Tax) unless otherwise stated.

Acceptance:

The Customer is deemed to have accepted the goods and services delivered when all delivery criteria have been completed by following the definitions in the section titled ‘Delivery and Completion of Services’. Payment of the invoice also deems acceptance of these Terms and Conditions.

Payment Terms & Method:

Payment requirements vary depending on the chosen service:

• Google Street View photography requires full payment prior to the shoot date.
• Custom 360 Virtual Tours require a non-refundable 50% deposit (plus any travel fees) upon accepting our quotation and before confirming the shoot date. The balance is due during the tour review stage and before final delivery.
• Larger or staged projects may follow a custom payment schedule as outlined in the quotation.

Standard payment terms are seven (7) days from the date of invoice unless otherwise stated.

Simply 360 may charge daily interest of 7.5% per annum, calculated daily, on overdue accounts until the amount is paid in full. Payments may be made via EFT, Visa or Mastercard (1.9% merchant fee applies), or cash (by prior arrangement).

If debt recovery becomes necessary, you agree to pay any reasonable legal and collection costs incurred in recovering overdue amounts.

Commencement of Works:

Work will only commence after acceptance of full project specifications by the Customer and a returned copy of the signed quotation with the deposit payment. Simply 360 reserves the right to decline any project at its discretion. Changes and additions to project specifications may be made prior to Customer acceptance of the goods and services ordered. Still, we reserve the right to charge the Customer for any work undertaken until the time at which changed and/or new project specifications are provided. We also reserve the right to charge for additional work ordered due to new project specifications.

Customer Responsibilities:

The Customer is responsible for:

• Supplying all information, branding materials, hotspot content, colours, logos and any other required elements, as requested to complete your project.
• Ensuring the shooting location is accessible, safe, tidy and suitable for our crew and equipment.
• Arranging access to the location at which the services are to be rendered. This includes the provision of parking to avoid Simply 360 passing on the cost of parking. The Customer is to be present at the time of the shoot to ensure the rooms/ areas are unlocked and accessible. Simply 360 cannot take responsibility for any Customer keys and/or unlocking/locking up of Customer premises.
• Notifying Simply 360 of any changes in a timely manner, prior to any deadlines. Simply 360 shall not be held liable for any changes made after deadlines.
• Obtaining consent from any persons who will be photographed. This includes any actors, staff and/or visitors present.
• Ensuring any supplied content does not infringe copyright or third-party rights.
• Complying with all privacy and data obligations relating to any information or imagery you provide.
• Paying Simply 360 the service fee as per the above payment terms.

Travel Costs:

If services are required to be rendered outside the Sydney Metropolitan Area, the Customer will be charged for all travel and accommodation expenses incurred by Simply 360. Travel costs may include airfares, hotel accommodation, car hire, petrol for a hire car, taxis to airports or shoot locations if required. This travel cost will be confirmed with the Customer in writing during the quotation stage and will need to be paid in addition to deposit payment prior to work commencement.

Waiting Time and Surcharges:

Simply 360 will advise the Customer of the amount of time required to be on-site to complete the photo shoot. Should the time be extended/ delayed due to the Customer’s actions, Simply 360 reserves the right to charge a waiting fee of $60+gst per hour, per crew member, charged in 15-minute increments. Should the Customer require our photographic team to return on another date/time, they accept a minimum charge of $60+gst per hour, per person (min 3-hour charge) and any related travel expenses (if applicable). Please note that surcharges apply for any work conducted on Sundays, Public Holidays and over Long Weekends.

Equipment Damage:

The Customer must ensure the location is safe and appropriate for the shoot. Any equipment owned by Simply 360 that is damaged during the execution of a Customer project, through no fault of Simply 360, will be the Customer’s responsibility. Any “high risk” work will require the Customer to sign a disclaimer to take responsibility for any damages to Simply 360 equipment.

Simply 360 may refuse to shoot or may stop work if the site is unsafe, non-compliant, or unsuitable. Waiting or cancellation fees may apply.

Reviews, Changes and Scope Variations:

Simply 360 will provide a draft version of the 360 virtual tour for the Customer to review and provide feedback on any changes for a maximum period of five (5) working days. If no feedback is received within this period, the tour will be deemed accepted and completed. Changes requested after this review period may incur administrative fees and additional charges. If the Customer makes changes to the original project brief, Simply 360 reserves the right to re-quote the project accordingly.

As part of the Custom 360 Virtual Tour packaged fee, some editing allowances are included. This is limited to the blurring of faces and number plates (for privacy), colour correction, image stitching and nadir patch. Should the Customer not wish to have any faces blurred, they must obtain consent from the persons being photographed. Any additional requested editing, ie, removing/adding elements to the photos, is based on a per-project basis and can be quoted by Simply 360 unless specified in the Customer quotation. Editing of Google Street View images will be in line with the requirements of Google, which is outside of our control. This includes the blurring of faces and number plates (for privacy).

All hotspot information is to be provided by the Customer in the provided spreadsheet. The Customer is to notify Simply 360 once they have completed the spreadsheet to allow our team to complete the hotspot implementation. The Customer must refrain from making any changes to the uploaded files without notifying Simply 360. Any changes made to the text, file names or extensions after Simply 360 commences the hotspot information implementation will incur a rebuild admin fee of $250+gst.

Delivery and Completion of Services (inc Delays):

Simply 360 will make every effort to deliver goods and services ordered within the time frames specified to the Customer upon order confirmation. Our turnaround time is based on the time taken to edit the images and build your tour/project.

The standard turnaround time for a Google Street View tour is 7 to 10 business days (1 to 2 weeks). Virtual tour jobs and 360 video turnaround times can vary depending on the scope and scale of the project. This can range from 20 to 40 business days (4 to 8 weeks).

Should the turnaround time be outside our standard average, we will ensure that the Customer is fully aware. We commit to keeping Customers informed of any delivery delays arising from circumstances beyond our control. Simply 360 will not be held responsible for losses incurred by the Customer for delivery delays caused by circumstances outside our control. Delays caused by the late provision of Customer content are outside our control.

Weather plays a vital part in the photoshoot, and if deemed unable to shoot due to weather, we will make arrangements with the Customer to reschedule and/or return for a re-shoot. If the photographic team is already en route to the site, Simply 360 reserves the right to charge $60+gst per hour per staff member (min 3-hour charge) and any related travel expenses (if applicable).

Virtual tour jobs require the Customer to provide Simply 360 with logos, hotspot content, colours etc, and Simply 360 will not be held accountable for delays in completion if elements are delayed in being provided. The Customer must supply all content for hotspots in the provided Excel document within five (5) working days of the photo shoot and must ensure that they own the copyright of all provided content, and they take full responsibility for any infringements. The balance invoice will be issued during this time.

A photographic custom 360 virtual tour is deemed completed by Simply 360 when all files that constitute a virtual tour have been either electronically received by the Customer or any Third Party nominated to receive the files upon payment of the balance invoice. Once the tour is delivered to the Customer, we are not responsible for the tour should the Customer edit any code or files. If Simply 360 is hosting the virtual tour, delivery of services is deemed completed when the files have been uploaded to our web server, and a URL link has been provided to the Customer.

A Google Maps virtual tour is deemed delivered when all images are uploaded and linked to the Customer’s Google My Business Profile upon payment of the balance invoice.

A 360 video is deemed to be delivered when all video files have been delivered electronically or the Customer or any Third Party has physically received a hard drive/ flash drive nominated to receive the files upon payment of the balance invoice. A 360 video is also deemed to be delivered when a copy of the video tour has been uploaded to a third party, like YouTube, and a URL link is supplied to the Customer.

If any deliverables are required to be couriered to the Customer, we will on-charge the postage and handling fees incurred. To the extent permitted by law, Simply 360 takes no responsibility for the goods and services rendered once they have been delivered and accepted by the Customer.

Should the Customer delay in the provision of information/assets to complete the tour or become non-responsive at any time, Simply 360 reserves the right to bill for all completed works to date.

Hosting and Support:

For 360 Virtual Tours, Simply 360 can host the tour on the Customer’s behalf for a maximum period of one (1) month at no charge, after which the Customer can be provided with the tour files to host by their own means. This hosting is intended as a transitional service.

After this period, Simply 360 can continue to host the virtual tour on behalf of the Customer. Continued standard hosting plans are available and start from $350+gst per tour, per annum. Hosting with Simply 360 will also include ongoing support of your tour and allow for a maximum of five (5) minor content changes per annum (this can consist of text and link edits as well as logo changes).

Custom hosting will be required for larger-scale projects and large businesses due to larger tour sizes and where higher traffic is anticipated. Please get in touch with us with your needs for a quote. Simply 360 reserves the right to suspend or remove hosted content that breaches laws, platform rules, or these Terms.

No hosting fees apply to Google Street View tours.

Cancellations and Refunds:

Should the Customer cancel an order after order confirmation, the Customer will be charged for all work undertaken up until the time notice of cancellation is received by Simply 360, including any travel costs already booked and paid for by us if services are to be rendered outside the Sydney Metropolitan Area.

Except as required under the Australian Consumer Law, Simply 360 does not provide refunds on the services it produces or for change of mind by the Customer. Any job cancellation must be made in writing to info@simply360.com.au and will take effect when acknowledged by us.

We may cancel or reschedule a shoot where:

• The site is unsafe or not accessible
• Required payments have not been made
• The weather prevents shooting
• Continuing the project would breach laws or regulations

Where cancellation occurs due to Customer breach or failure, applicable cancellation fees may apply.

Abandonment of Project:

If, after repeated attempts to begin, continue, or finalise the delivery of the project, the Customer fails to participate or becomes otherwise unresponsive to Simply 360’s requests for a period of two (2) months, the project may be considered abandoned.

In such cases, all amounts paid are non-refundable (to the extent permitted by law), and Simply 360 may invoice for all work completed to date.

Copyright and Intellectual Property:

All project files and raw footage captured, created, produced, or obtained during the course of any project or engagement shall remain the exclusive property of Simply 360. We hold all rights to the idea, to the intellectual property/ trade secrets, to the techniques employed to produce the virtual tour/ videos, and to any other technical information.

Simply 360 reserves the right to seek compensation for any financial losses incurred due to any breach of the above-stated terms and conditions by the Customer. Unauthorised use or copying of our 360 technology and processes is not allowed under any circumstances.

Upon payment in full, Simply 360 grants the Customer a non-exclusive, non-transferable licence to:

• Use the virtual tour on, and only on, its own designated website(s), share it on its social media and digital marketing channels and use it for internal business promotion and presentations. The Customer has no copyright, authorship, or ownership rights to the panoramic virtual tour imagery or any other virtual tour project files (or raw footage) unless otherwise agreed to by Simply 360.
• Additional usage rights may be granted subject to a written agreement and additional licence fees.

The Customer warrants that all logos, text, images and hotspot content provided are authorised and do not infringe third-party rights. The Customer grants Simply 360 permission to use this content for the project.

Due to the technique employed to produce virtual tours, a small section of the panoramic image (the ‘base’) of the panorama may be filled with a logo.

Permissions and Promotional Use:

Simply 360 reserves the right to use any finished images, tours and/or video files produced for promotional reasons in the media, on our social media channels, showreels, in printed publications, on the World Wide Web, or on its own websites without prior permission from the Customer.

Simply 360 reserves the right, should it choose, to place its own logo within the media for marketing and promotional reasons. Customers may use the finished product for any appropriate purpose consistent with the granted licence, provided the intended use is not inappropriate, offensive or insulting to Simply 360 or any other persons.

Confidentiality & Privacy:

Both parties must maintain the confidentiality of all non-public information, including pricing, business processes and project details, except where disclosure is required by law or authorised in writing.

Simply 360 will handle any personal information in accordance with applicable privacy laws.
The Customer is responsible for ensuring that all personal information and identifiable imagery they supply or request us to capture complies with privacy requirements.

Force Majeure:

Simply 360 is not liable for delays or failure to perform if such failure arises from events beyond its reasonable control, including Acts of God (including fire, flood, earthquake, storm, hurricane or other natural disasters), war, invasion, an act of foreign enemies, hostilities (regardless of whether war is declared), civil war, rebellion, revolution, insurrection, military or usurped power or confiscation, terrorist activities, nationalisation, government sanction, pandemic, blockage, embargo, labour dispute, strike, lockout or interruption or failure of electricity or telephone service.

Where such events occur, timeframes will be extended until circumstances permit performance.

Warranty and Australian Consumer Law:

Simply 360 will perform services with due care and skill. Nothing in these Terms excludes any rights or remedies the Customer may have under the Australian Consumer Law.

Where legally permitted, Simply 360’s liability for services is limited to re-supply of the services or payment of the cost of having the services re-supplied.

Limitation of Liability:

To the fullest extent permitted by law, Simply 360’s total liability to the Customer for any claim arising out of the services is limited to the total fees actually paid by the Customer for the relevant project.

Simply 360 is not liable for indirect or consequential losses, including loss of profit, loss of data, loss of business opportunity or reputational damage.

These limitations do not apply to liability that cannot be excluded under the Australian Consumer Law.

Indemnity:

The Customer agrees to indemnify Simply 360 against any reasonable loss, liability, damage or expense arising from:

• Any breach of these Terms
• Any claim arising from content or materials supplied by the Customer
• Misuse of the deliverables
• Damage caused to equipment by unsafe conditions
• Negligence or misconduct on the part of the Customer, their staff, contractors or visitors

This indemnity does not apply to loss caused by Simply 360’s own negligence or intentional misconduct.

Dispute Resolution:

If a dispute arises, either party may provide written notice outlining the issue. The parties must attempt to resolve the matter in good faith within thirty (30) days, including through a meeting or video call. If unresolved, the matter must proceed to mediation in New South Wales before any court action is commenced. Either party may seek urgent injunctive relief at any time.

General:

These Terms are governed by the laws of New South Wales, Australia.

These Terms, together with any written quotation accepted by the Customer, constitute the entire agreement between the parties in relation to the services. Any notices under these Terms may be given by email to the last notified email address and will be deemed received when successfully sent, unless an error message is received. The Customer must not assign or transfer its rights under these Terms without the prior written consent of Simply 360.

If any part of these Terms is found to be invalid or unenforceable, the remainder continues in full force. Simply 360 may update these Terms from time to time. The version in effect at the time of accepting a quotation will apply to that project unless otherwise agreed.

Last Updated: August 2025