Terms & Conditions

 

All projects are bound by these terms & conditions unless a written agreement has taken place. All work is © 360Folio Virtual Reality Solutions 2012 – 2014 (360Folio). No work is to be reproduced without authorisation. This includes all copy, static images, video, graphics and interactive tours/interfaces.

All 360Folio projects are governed and bound by these terms and conditions.

1.0 Payment Terms

1.1 Payment types accepted are bank wire/transfer, cheque or in certain prior agreed circumstances, cash. All payments will be invoiced on project completion. For all projects, advance payment of 30% is payable before project starts unless otherwise agreed in writing.

1.2 Cancellations or refunds are not entertained/issued.

1.3 360Folio reserve the right to re-poses any material or services that have been associated with the project while an account remains in arrears. Continuing to display work produced by 360Folio will be in breach of copyright law, and could result in legal action.

1.4 Large projects covering multiple locations require a 50% deposit at least 5 working days prior to the agreed first shoot date (see 1.1). This cannot be refunded if the project is cancelled by the client, however the amount is refundable if we at 360Folio are unable to fulfill our responsibilities set out in the initial project discussions.

2.0 Quotations & Pricing

2.1 Quotations remain valid for 14 days from date sent unless explicitly stated.

2.2 Quotations will contain any additional charges that we (360Folio) estimate will be incurred. Should there be any extra charges during the project, we will notify the designated shoot contact prior to continuing any work.

2.3 A fixed pricing plan can be agreed, although this will be subject to review every 3-6 months.

3.0 Copyright & Usage

3.1 360Folio remain the copyright holders of all work produced, this includes all:

  • 360 Photography/Photography
  • 360 Video/Video
  • Post Production
  • Website Design
  • CGI
  • Software
  • Printed Media
  • Virtual Tours (HTML5/Flash formats)
  • Apps

3.2 360Folio retain all intellectual property (IP) on all projects.

3.3 360Folio reserve the right to display on it’s work the standard copyright logo (c) plus year of creation and the words ‘Powered by 360Folio’ or similar phrases.

3.4 White Label work is the only exception to point 3.2, although the work will still be subject to copyright laws and will be copyright 360Folio.

3.5 All work produced by 360Folio can only be used as agreed during the initial project discussions. If the work produced is used in a way that may be in conflict with 360Folio’s working ethics or practices or used in direct competition we reserve the right as copyright holders to reposes work created.

3.6 Content created as part of our white label service and / or regular service must not be used to sell content that will not be created by 360Folio.

3.7 Finished projects may be featured on our website. This also applies to white label work, unless agreed otherwise in writing.

3.8 360Folio can obtain PR on all projects unless otherwise agreed in writing.

4.0 On Site

4.1 It is the clients responsibility to ensure the locations are ‘dressed’ and suitable for the shoot and to the standard they expect. A 360Folio operator (photographer/videographer/immersive media technician) will not ‘dress’ a location and will shoot the locations as presented. Any project that requires a re-shoot due to a lack of preparation will be charged for as per our pricing structure.

4.2 If delays are attributed to lack of preparation on the client’s side, additional charges per hour will be made on the final invoice.

4.3 Health & Safety regulations are the responsibility of the client and site owner. If our photographer feels his safety may be in danger he has the right to stop all work. This delay will be charged per hour, and will be shown on the final invoice, unless otherwise agreed.

4.4 Models / live subjects used within photography / videos / content captured that are under the age of 18 will need to have permission from a parent / legal guardian. Where possible, this must be arranged prior to the shoot to avoid any delays.

4.5 Models / live subjects used within photography / videos / content captured will need to have given permission for their picture/video to be taken and used within your project. Where possible, this must be arranged prior to the shoot to avoid any delays.

5.0 Post Production

5.1 It is the responsibility of the client to ensure that the content is suitable for their own website or app. 360Folio will always help the client’s web developers/techs although the final responsibility is with the client. Any additional help given other than the supply of code and general fault finding will be charged per hour, and will appear on the final invoice. In the case of apps this could be ensuring our plugins/content work in your app prior to project commencing – please request test versions.

5.2 When the project is complete, the content will be made available for you to view on our website/in a demo app. If these are then signed off as acceptable (i.e. you give the go ahead for us to complete the project and provide the files to you for use) any further changes requested after this time will be charged at an hourly rate.

5.3 Additional post production outside of the initial agreed quote will be charged furter.

5.4 Any changes to 360 images, 360 video, gigapixels, CGI content, skins or templates that are requested after the completion / sign off of your project will be charged further.

5.5 Projects are, on average, completed within 10-15 working days of the shoot date, providing subsequent information we require has been provided in a timely manner (i.e. brand guidelines, location names and information, scripts etc). This is based on an average project scenes. Larger, more complex projects will vary in completion times and expected completion dates will be outlined in your quote.

5.6 Our web-player uses Flash or HTML5 or both, it is the client’s responsibility to test compatibility before the project commences. Our 360 Video SDK for iPads is built in customised code, it is the client’s responsibility to test compatibility before the project commences. Example/demo content can be provided on request.

5.7 360Folio pricing does not include hosting, unless otherwise stated, we will provide client’s with a preview on our site and then, when signed off, we will provide all necessary files and folders, along with instruction to host and embed (using iframes) on their site.

6.0 Liability

6.1 360Folio cannot be held responsible for any damages incurred as a result of the services provided. 360Folio cannot be held liable for any costs associated with failure of its performance with regards to the services produced.

6.2 360Folio cannot be held responsible or liable for any costs incurred due to a delay in the production of any of our services, as due to the nature of work exact time limits cannot be specified.

6.3 These terms and conditions are subject to constant review, always ensure you have read the latest version prior to any project.

7.0 Warranty & Performance

7.1 Due to the nature of our services, 360Folio do not offer any warranty. If you identify any bugs or errors, these must be made clear to us within 7 working days of receipt of the goods / service.

7.2 All our media is produced to be run on the latest platforms – for 360 stills and virtual tours this is HTML5, for 360 video this is Flash (with an iPad app or app integration as an option) and for gigapixel images this is now HTML5 and Flash. Due to the constant changing nature of flash, Javascript, HTML5 and other programming languages we cannot guarantee that in future updates/generations of the software our tours will perform as when produced. We do however always keep an eye on technological advances and always ensure our tours comply with current releases.

7.3 Virtual Tour/360 Photograph/GigaPixel/360 Video performance varies on different computer setups. For example, as there are now many different browsers available on the market this may have an effect on the tours performance. This also applies to a machines memory, broadband speed and also the type of computer i.e. MAC, laptop, Iphone, Netbook etc. Just like a computer game will perform differently on some computers or not at all if the setup is not right. 360Folio cannot be held responsible for tours that do not run on some users computers.

7.4 Virtual Reality Headsets such as the Oculus Rift and and other such hardware are not the responsibility of 360Folio in the case of a malfunction unless specific technical support has been described and paid for in the scope of a project.

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