By accepting a quote, you agree to and accept these terms and conditions of Simply 360. Acceptance can be via signing a quotation and/or paying the deposit. This agreement can only be modified in writing, and all changes must be agreed upon and signed by all parties or by the acknowledgment of email received 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 invoice also deems acceptance of these Terms and Conditions.

Payment Terms & Method:

Pending on your chosen service, Google Street View photography will require full payment prior to the shoot date. Virtual tour projects will require a non-refundable deposit of 50% of your tour price (plus any travel fees) to be paid upon accepting our quotation and before your shoot date. We will provide an invoice. Balance payment is due upon completion during the tour review stage. For larger projects, a payment schedule will be provided.

Simply 360 reserves the right should it choose to charge daily interest on any amount outstanding or overdue after the standard payment terms of 7 days. Payments can be made via Electronic Funds Transfer (EFT), Credit Card (Visa or Mastercard only) or Cash. Please note that credit card payments will attract a 1.9% merchant fee.

Commencement of Works:

Work will only commence after acceptance of full project specifications by the Customer and returned copy of the signed quotation with the deposit payment. Simply 360 reserves the right not to accept an order 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 information and any relevant details to aid in the preparation of the photo shoot and, as requested to complete your project.
• 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 client 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 client keys and/or unlocking/locking up of client 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.
• Paying Simply 360 the service fee as per the above payment terms.

Travel Costs:

If goods and 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 onsite 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 person, 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:

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.

Reviews and Changes:

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 5 working days. After this time, the tour will be deemed completed by Simply 360 and tour files will be sent to the Customer. Should changes be requested after this time, there may be an administrative fee. If the Customer makes changes to the original project brief, Simply 360 reserves the right to re-quote the project accordingly.

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 re-build admin fee of $250+gst.

Tour Editing:

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 client 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, are based on a per project basis and can be quoted by Simply 360 unless specified in the client quotation. Editing of Google Street View images will be in line with the requirement of Google, which is outside of our control. This includes the blurring of faces and number plates (for privacy).

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. 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. In no event will Simply 360 be held responsible for losses incurred to the Customer for delivery delays caused by circumstances outside our control. 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 pending on the scope and scale of the project. This can vary from 20 to 40 business days (4 to 8 weeks).

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 provided Excel document within 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.

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).

A photographic custom 360 virtual tour is deemed completed by Simply 360 when all files which 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 3^rd party like YouTube and a URL link 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. 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 3 months at no charge, after which the Customer can be provided with the tour files to host by their own means. The 3 months of free hosting provided by Simply 360 for custom virtual tours is designed to be used as transitional hosting for small to medium businesses.

Simply 360 can continue to host the virtual tour on behalf of the Customer. Continued hosting plans are available and start from $300+gst per tour, per annum. Hosting with Simply 360 will also include ongoing support of your tour and allow for a maximum of 1 minor change per month. Custom hosting will be required for larger-scale projects and large businesses due to larger tour sizes and where higher traffic is anticipated. Please contact us with your needs for a quote.

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.

Simply 360 does not provide any refunds on the services it produces or refunds for change of mind by the Customer. Any job cancellation must be made in writing to info@simply360.com.au and confirmed by us.

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 Company requests for a period of two (2) months, the project may be considered abandoned. The Company may reduce any refund the Customer may otherwise be entitled to zero, and the Customer will have forfeited all rights to receive any refund for services. Any outstanding amounts due will be invoiced to the Customer for payment.

Copyright:

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 are not allowed under any circumstances.

On Customer acceptance of a Custom 360 Virtual Tour rendered by Simply 360, the Customer is granted a single-use licence with the following terms:

• The Customer is licensed to use the virtual tour on, and only on, its own designated website (s). 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 copies or usage of a virtual tour beyond those specified above may be permitted subject to written terms agreed to by both Simply 360 and the Customer, plus payment of additional agreed license fees to Simply 360.
• 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 either Simply 360’s or the Customer’s logo.

Permissions:

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, 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. The Customer may use the finished product in any manner providing the intended use is not inappropriate, offensive or insulting to Simply 360 or any other persons.

Force Majeure:

Simply 360 is not liable for failure to perform if such failure is a result of 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.

Limitation of Liability:

The Customer agrees to defend, indemnify, assume liability for and hold Simply 360 harmless from any and all claims, demands, damages, suspensions, losses, suits, proceedings, penalties, expenses or other liabilities, including attorney fees and court costs, arising out of or resulting from the performance of this contract, regardless of the basis. In addition, Simply 360 will not be held liable for interruption of business, access delays or access interruptions to the website(s) provided through or by the services, loss or liability resulting from acts of god, data non-delivery, misdelivery, corruption, destruction or other modification and events beyond our control.

Warranty:

To the extent permitted by law, the services, software, final product, and all support provided under this agreement are provided on an “as is” basis. We do not make any representations nor warranties of any kind whatsoever, express or implied, in connection with this agreement or the services, including but not limited to warranties of merchantability or fitness for a particular purpose. The Customer understands and agrees that any material and/or data downloaded or otherwise obtained through the use of the service is done at your discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of such material and/or data. Whether oral or written, no advice or information obtained by you from us shall create any warranty not expressly made herein.

Last Updated: June 2022