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 and signed by all parties, or by the acknowledgment of email received by both parties.
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.
Commencement of Works:
Work will only commence after acceptance of full project design specifications by the Customer. 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, but 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.
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.
Access to Site/s:
The Customer is responsible for arranging access to the location at which the services are to be rendered.
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 hire car, taxis to airports or shoot locations if required. If the photographer is driving to a shoot location and is required to travel further than 1 hour, then an hourly travel rate will be charged at $40+GST per hour travelled.
Delivery / Completion of Services:
Simply 360 will make every effort to deliver goods and services ordered within the time frames specified to the Customer upon order confirmation. 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.
A photographic 360 virtual tour is deemed delivered 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. 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 Customer’s Google My Business Profile.
Still photographs are deemed delivered when all digital images have been delivered electronically or have been physically received by the Customer or any Third Party nominated to receive the files.
A 360 video tour is deemed to be delivered when all video files have been delivered electronically, or a hard drive/ flash drive has been physically received by the Customer or any Third Party nominated to receive the files. A video tour is also deemed to be delivered when a copy of the video tour has been uploaded to YouTube and a URL link to the video 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.
The Customer is deemed to have accepted the goods and services delivered when all delivery criteria have been completed in accordance with the definitions in the section titled ‘Delivery / Completion of Services’ above. Payment of invoice also deems acceptance of these Terms and Conditions.
Payment Terms & Method:
Full payment is due no later than 7 days after the invoice date unless otherwise agreed. Simply 360 reserves the right should it choose to, to charge daily interest on any amount outstanding or overdue after it’s standard payment terms of 7 days. Payments can be made via Electronic Funds Transfer (EFT), Credit Card, or Cash. Please note that credit card payments will attract a 2.5% fee.
Simply 360 does not provide any refunds on the services it produces or refunds for change of mind by the Customer. A refund will also not be issued to the Customer if an order is cancelled before completion of the job.
All copyright and ownership of panoramic and associated imagery originally captured by Simply 360 or produced by it which constitute a photographic 360 virtual tour, will reside with Simply 360 at all times.
We hold all rights to the idea, to the intellectual property, 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 by the Customer of the above-stated terms and conditions. Unauthorised use or copying of our 360 virtual reality tour technology and processes are not allowed under any circumstances.
Simply 360 reserves the right to use any panoramic images, tours and/or videos produced by us for promotional reasons in the media, in printed publications, on the world wide web, or as links on its own web sites, without prior permission from the Customer.
On Customer acceptance of a 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, it’s own designated web site(s). The Customer has no copyright, authorship, or ownership rights to the panoramic virtual tour imagery or any other virtual tour files 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 will be filled with Simply 360’s logo for promotional reasons. Subject to payment of an additional fee per panoramic image, the Customer may have their specified logo incorporated in this area.
All copyright and ownership for still photos originally captured by Simply 360 or produced by it will reside with Simply 360 at all times. The Customer may use the finished images in any manner providing the intended use is not inappropriate, offensive or insulting to Simply 360 or any other persons. Simply 360 reserves the right to use any still images produced by it for promotional reasons in the media, in printed publications, on the world wide web, or on its own web sites, without prior permission from the Customer.
All copyright and ownership for a video tour including raw video footage, animated 2D or 3D graphics, voice-overs, or any other video component produced by Simply 360 will reside with the Customer upon receipt of full payment. Simply 360 reserves the right to use any finished video files produced by it for promotional reasons in the media, in printed publications, on the world wide web, or on its own web sites, without prior permission from the Customer. Simply 360 reserves the right should it choose to, to place its own logo at the end of the video for marketing and promotional reasons.
Last Updated: March 2019