Terms and Conditions

  1. Copyright
  2. a) All images and content produced by Virtual itour virtualitour.com.au and its affiliates 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 or variations, will result in a breach of Copyright with strict penalties being applied.
  3. b) Copyright will be extended to our clients only at the completion and final payment of the Virtual Tour and its components being: any variation of 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 or any other component or variation consisting of, or in the delivered product.
  4. c) Virtual itour reserves the right to utilise the Virtual Tour and any of its above mentioned components for promotional purposes and website content display and at the same time will remain the property of Virtual itour, its clients & affiliates.
  5. Photographers
  6. 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 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.
  7. 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.
  8. c) Any equipment provided by Virtual itour remains the property of Virtual itour and unless returned in reasonable condition, fees may apply, 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.
  9. 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: the photographer or 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.
  10. 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.
  11. Written Agreement
  12. 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.
  13. 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.
  14. Cancellation Policy
  15. a) All bookings once confirmed and accepted by Virtual itour will be hereby bound by these terms and conditions and if the booking is cancelled by the client, we reserve the right to charge a cancellation fee for the amount of 20% of the original quotation 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 has 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 20% of the original quotation.
  16. Subjects
  17. 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’.
  18. Presentation
  19. a) We advise the facility(s) 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 facility 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.
  20. Legal
  21. 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, unforseen circumstances, injury, or delivery of the product outside of the nominated time frame, depending on the initial requirements of the client and individual variations.
  22. b) Upon engaging and accepting our services it will deemed that these terms and conditions are accepted and form the agreement between us the Service Provider and Affiliates, The Individual, Customer, Client or Business.
  23. 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 7-10 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.
  24. 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 the Virtual Tour consists of providing a service, our time, production, hosting fees and presentation, that all form the process of the final product.
  25. e) It is up to the client (being the Individual, 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. 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.
  26. Delivery
  27. a) 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.
  28. b) Delivery of the final 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 Flash, Java and HTML5 compliant, should you wish to embed the tour 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.
  29. c) Further post production requests after the initial delivery of the product and after 21 days, unless through fault of our own, will attract further fees at $90.00 per hour or part there of for post production or post tour requirements. Additions to the Virtual Tour 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.
  30. DPS
  31. a) If you are a client of the DPS Guide to Aged Care @ agedcareguide.com.au we will also provide the code to this organisation and they will, as a bonus to you, implement the Virtual Tour on your webpage at DPS providing you have a full & current profile with DPS or upgrade to one and is subject to availability at the time.
  32. Terms
  33. a) Our terms for payment are strictly 7-14 days from receipt of Invoice, unless a prior agreement has been reached or otherwise specified and failure to pay after a reasonable time being: (28 days) from due date of the Invoice, will result in a disconnection of the availability of the Virtual Tour and its components until payment can be facilitated, if this occurs, 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. In addition, a Late Payment Fee of 5% of the Overdue Invoice amount may also be imposed for Accounts not paid and exceeding 28 Days of the Invoice Date.
  34. b) 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 in some cases enable delivery of the Product.
  35. Time Frame
  36. a) At the end of the 12 month period where there is a hosting fee included, a new hosting period will commence and we will Invoice you, as agreed. The annual fee of between $95.00 for Aged Care Clients and $120.00 for General Clients payable annually and for the life of the tour. In the event of our Client or Facility changing ownership then we will renegotiate with the new owners at the appropriate time to ensure the tour remains an asset for your business.
  37. Logistics
  38. a) Virtual itour requests that someone assist us on the day 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
  39. Travel Costs
  40. a) Travel costs will be included in the Original Quotation as will Accommodation costs for facilities more than 75kms outside the Capital City G.P.O. It is the Photographer’s responsibility to cover petrol costs and is claimable as a Sub-Contractor and is your therefore your responsibility to claim petrol costs incurred as a legitimate tax deduction.
  41. Our Staff
  42. a) 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.