Terms and Conditions

        Terms and Conditions

    1. Copyright
    2. a) All images and content produced by Virtual itour virtualitour.com.au remain the property of Virtual itour and any attempt to reproduce any photos, images, logos, virtual tours, slide shows, voice overs, floor plans, 3D walk-throughs, QR codes, embedded tours and codes, videos, PDF information or on screen text and any other associated images or written material and content pertaining to our clients or our own intellectual property without prior written consent, or final payment made for the product and associated services will result in a breach of Copyright with strict penalties being applied.
    3. b) Copyright will be extended to our clients only after final payment has been received: any variation to the content supplied or any other component or variation of the delivered product after payment has been made is also prohibited.
    4. c) Copyright is extended to our clients only for the purposes of promotion and their own usage to promote their business as part of our terms and conditions and unless by prior arrangement and written consent, does not cover the use of the photos, images, virtual tours, drone footage or any other content or intellectual property produced or provision to any other 3rd Party. A 3rd Party licence would need to be granted at an additional negotiated fee for an extension of Copyright to a 3rd Party and for each instance thereafter. Also, a 3rd Party can contact us directly for any requests at the agreement of the client.
    5. d) Virtual itour is the original copyright owner, retains copyright and reserves the right to utilise any of its above mentioned components and content created for promotional purposes and website content display and at the same time will remain the property of Melbourne itour and its clients.
    6. Photographers
    7. a) As a Sub Contract Photographer or if providing services for the purpose of photographing, producing or supplying images (Photos or Virtual Tour) for Virtual itour and its client(s), hereby agrees and accepts those Images will be utilised by the client and Virtual itour with copyright inclusion and free of any restrictions further imposed and be unlimited in use. Also, upon delivery of images from The Photographer to Virtual itour and payment of such at agreed price and upon acceptance of the allocated work, formulates the acceptance of these terms and conditions and provision of images to Virtual itour will also constitute the finality of the Photographer’s Service and as such, completes the job provided and no variation, correspondence or adjustment will be entered into and is final.
    8. b) The Photographer will represent Virtual itour in a professional manner and at no point in time will solicit work directly to our clients or affiliates or through another party, nor offer the images for sale to the client or associates of the client for profit, as a result of any work provided to the Photographer from Virtual itour, this will result in legal action and is a breach of these terms and conditions.
    9. c) Any equipment provided by Virtual itour remains the property of Virtual itour and unless returned in reasonable condition, fees will apply if the items are damaged, any equipment is solely to be used for purposes of engaging in and obtaining images for a Virtual itour client and not for personal use or profit. Any marketing material and website content supplied by Virtual itour is subject to the Copyright Act and All Rights Reserved.
    10. d) Virtual itour may agree to train photographers to work on a per job basis and be for sub-contract work. As a result of the training in advanced techniques, exposure to intellectual property, content, ideas, photographic techniques, marketing brochures and promotional materials or any other content: the photographer or their affiliate hereby agrees to: not open, register, trade or offer services as a business in direct competition in any State or Territory in Australia with Virtual itour within a period of no less than 5 years from the last provided work assignment, pertaining to and including: virtual tours, virtual tour photography, real estate & commercial photography or floor plans. The acceptance of the first allocation of work from Virtual itour will constitute the acceptance of these terms and conditions by the photographer and we make reference to these terms & conditions to all parties concerned prior to the allocation of any work and subsequent breaches of this clause in any manner will result in a breach of these terms and conditions & binding agreement and will be legally dealt with accordingly.
    11. e) All images, ideas, marketing materials, clients, Images, virtual tours, floor plans, logos, emails, paperwork, website content and intellectual property will remain the property of Virtual itour permanently and can not be reproduced, duplicated, copied, altered or used in any other format and as such, a Copyright breach may occur and be legally dealt with accordingly.
    12. Written Agreement
    13. a) All correspondence via email will constitute the equivalent in writing between the parties and facilitate the agreement to provide our services and the acceptance of these terms and conditions, product and pricing as per quotation. Package prices often include heavily discounted prices on Photography, Voice Overs, Slide Show Presentation, Image Manipulation, Floor Plans, 3D Walk-Throughs, Videos embedded codes and variations of such Copyright extensions and provision of CD or DVD of Images. If any of these services are provided without the associated inclusion of the Virtual Tour component or not as per original quotation or results in any variation post quotation or post tour requirements (those outside of the original quoted services) unless approved by us, or agreed, we reserve the right to charge our current regular pricing for these post tour or post quotation services.
    14. b) This includes any services provided by Virtual itour initially at no charge to the client in lieu of confirmation and condition to agreement for the upgrading of a Virtual Tour(s) and or associated component product & services and agreed to be provided by the client for upgrade at a later date. If the upgrade to the Virtual Tour and or associated component product & services including: Photography, Floor Plans, Voice Overs, Hosting Fees and any other component product & services associated as part of the upgrade arrangement are not provided to be upgraded within reasonable time as set by Virtual itour, then we reserve the right to charge for all of the original product & services initially provided in breach of this arrangement.
    15. Cancellation Policy
    16. a) All bookings once confirmed and accepted by Virtual itour, you will be hereby bound by these terms and conditions and agree if the booking is cancelled by the client, we reserve the right to charge a cancellation fee for the amount of 30% of the original quotation for cancellations 7 days or less and 50% of the original quotation for cancellations less than 48 Hours to reasonably cover costs, whether or not a deposit has been initially charged or not charged at the time of, or prior to the cancellation. In the event that a deposit was required and already been paid by the client and the booking cancelled, then a refund of that deposit will be forwarded back to the client with the exception of the cancellation fee being retained at 30% or 50% of the original quotation and determined in relation to the cancellation time frame.
    17. Postponement Policy
    18. a) Confirmed Bookings can be postponed provided that they are either completed or a new date has been allocated within 60 days of the original booking date. Postponements that exceed this time frame will be considered as a cancellation and the above cancellation policy will apply.
    19. Subjects
    20. a) All persons including staff need to give their willing consent to actively partake in the production of the Virtual Tour, photographs or any of our products and as a result will form in part, the content. Virtual itour accepts no responsibility for those captured in any images without consent post production, given these terms and conditions, nor accepts responsibility for images depicting deceased persons. Consent can be given prior or on the day and we would instruct the client to activate this consent procedure prior to commencement of our services, which may include organising a ‘Model Release Form’.
    21. Presentation
    22. a) We advise our clients that presentation is paramount and in direct proportion to the results of the Virtual Tour and we advise the gardens be groomed beforehand and that the interior of the premises is as presentable, neat & tidy as possible. Our photographers have an eye for detail and the best at what they do, therefore minor rearrangements may be necessary on the day of shooting, but all presentation aspects should be completed prior. Re-shoots based on poor presentation initially, will attract further charges.
    23. Legal
    24. a) Whilst every care is taken in our undertaking to satisfy our clients in producing the Virtual Tour and its associated products, we will not be held responsible or liable for any claims of damage, delays in production, unforeseen circumstances, injury, or delivery of the product outside of the nominated time frame, depending on the initial requirements of the client and individual variations.
    25. b) Upon engaging and accepting our services it will deemed that these terms and conditions are accepted and form the agreement between us Virtual itour the (Service Provider), The Individual, Customer, Client or Business.
    26. c) Our product and pricing as per quotation is final and alterations can be made to the tour(s) upon completion for purposes of client satisfaction and customer service, within reason and within 10 days. Any associated product or services associated with the virtual tour and provided as a package at below normal retail pricing, will attract the full retail price if not taken as a package with the Virtual Tour, or as a result in the agreement on pricing outside the original quotation, as per our price list.
    27. d) Once the product or any of the above mentioned variations of, has been delivered, we offer no refund at any point or accept any claims for loss or damage of any kind, as our products & content (photos, tours, floor plan, drone footage etc)…consists of providing a service, our time, production, hosting fees and presentation, that all form the process of the final product.
    28. e) It is up to the client (being the Individual, Customer, Company or Business) to asses prior, all presentation, features and technical aspects of our product and service and not after our service is provided and product is delivered to avoid any misunderstanding, as no claims will be accepted after the engagement of our product and service and after the subsequent delivery and includes all and any post tour requirements such as: a variation of the delivery of the original product which includes photos, images, logos, virtual tours, slide shows, voice overs, floor plans, 3D walk-throughs, QR codes, embedded tours and codes, videos, PDF information or on screen text and any other associated images or written material attachments and video conversion of any kind or any other formats or duplication in any respect.
    29. f) No claims will be honoured or accepted in relation to the afore mentioned or any subsequent variations for loss or damage, including rejection or any other claims in relation to the final product. Once delivered, we offer no refund of any kind nor held responsible at any point, as the Virtual Tour and its variations or post tour requirements is final and consist of costs for providing a service, our time, production, hosting fees and presentation, that all forms the process of the final product or any of the above variations and its delivery.
    30. Delivery
    31. In most cases the delivery time will be between 3-7 days. If our Photographic Services are included as part of our low price package to our clients, then it is more likely to be 7-10 days, and is subject to demand at the time, which may see the above estimates expanded within a reasonable time.
    32. Delivery of the final Virtual Tour product may include a hyperlink, tour video version, photographs, QR code, floor plan, voice over, PDF or on screen text information to be given to your IT person or Website Developer and it is an easy procedure to implement the Virtual Tour to a website or chosen website location, the tour will also be provided with an Embedded Code which is Java and HTML5 compliant, should you wish to embed the tour on your website or chosen website location. Once any of these formats or all of the above have been delivered, this will finalise the initial agreement for production and delivery of the product deemed as final and complete and will be accompanied by an Invoice or in some cases, final payment of the invoice will enable delivery of our products.
    33. Further post production requests after the initial delivery of the product and after 10 days, unless through fault of our own, will attract further fees at $150.00 per hour or part there of for post production requirements. Any additions to the Virtual Tours can be arranged at a later point in time, such as the inclusion of photographs, hot spots, new features, upgrades or changes in details, at very reasonable prices.
    34. Payment Terms
    35. (a) Payment can be made by EFT (Electronic Funds Transfer) and account details & BSB made available on the Invoice. Our terms for payment are strictly 7 or 14 days from receipt of Invoice, depending on the Invoice, unless a prior agreement has been reached or otherwise specified and failure to pay after a reasonable time being: (14 days) from the date of the Invoice, will result in a friendly reminder, followed by a second friendly reminder after 28 Days Overdue, followed by a Final Reminder of which a further 14 Days will be granted to pay. If payment has not been received by this time a Letter Of Demand will be issued with a further 14 Days to pay. If payment has still not been received, we will pursue the debt in the SA Magistrates Court and we reserve the right to include any and all related expenses including court costs in relation to the recovery of the debt and save without prejudice.
    36. b) Disconnection of the Virtual Tour and its components will occur until payment can be facilitated, a fee of $95.00 will be imposed  to cover administration costs. Virtual itour will not be liable or no claims will be honoured for any loss as a result of failure to make payment and subsequent disconnection of the above.
    37. c) Late Payment Fees: A Late Payment Fee of  5% of the Overdue Invoice Amount with a minimum of $30.00, will also be imposed for accounts not paid and exceeding 28 Days of the Invoice Date.
    38. d) Occasionally we may also elect to charge a 50% Deposit at the time of the booking, but not in all cases, with the Virtual Tour and any other associated Products and Services. Once the remaining balance of 50% has been made, will enable delivery of the Product.
    39. Time Frame
    40. a) Hosting Fees: At the end of the first initial free 12 Month Hosting period, a new hosting period will commence and we will Invoice you, as agreed. The annual fee of $125.00 for clients payable annually for the life of the tour. Virtual itour reserves the right to charge a Hosting Fee at anytime after the first 12 Months. In the event of our client changing ownership then we will renegotiate with the new owners at the appropriate time to ensure the tour remains an asset for your business. Clients need to give a minimum 30 days notice prior to the next hosting period commencing if the hosting is to be cancelled, as the hosting is paid by us in advance.
    41. Logistics
    42. a) Virtual itour requests that someone assist us on the day of particular jobs where needed for a smooth operation and to assist in the areas of communication with relevant staff and residents. We would require that we have unlimited access on the day between the hours of 9am-6pm and we are available Mon-Fri or by prior arrangement.
    43. Travel Costs
    44. Travel costs will be included in the Original Quotation for clients more than 25kms outside the Capital City G.P.O. as will in some cases Accommodation costs. Sub Contractors: It is the Photographer’s responsibility to cover all petrol costs and is claimable as a Sub-Contractor and is therefore your responsibility to claim any petrol costs incurred as a legitimate tax deduction.
    45. Public Liability and Public Indemnity
    46. We have a Public Liability and Professional Indemnity Policy to the value of $20M for your peace of mind.
    47. Public Liability Policy No.GA701509724BUSP
    48. Professional Indemnity Policy No. LPS016832716‐15883
    49. Our Staff
    50. For your peace of mind, our staff are highly skilled and qualified in their area of expertise. We are professional, approachable, enjoy our work and it would be a pleasure to be of service to you.