Terms and Conditions

All Quotation’s are valid for 30 days from the Quotation date. Unless otherwise stated.

1. Introduction
Any client that uses either a service or product supplied by Virtual 4 Media is legally bound by the following terms and conditions of business unless otherwise specifically agreed in writing. Virtual 4 Media reserves the right to amend the Terms and Conditions at any point. Any changes will be posted on the www.virtual4media.co.uk website. It is the client’s responsibility to review the terms and conditions at regular intervals.

2. Awareness
The client is aware that virtual tours need third party software to be installed on a computer for the tour to be viewed and that Virtual 4 Media create virtual tours that need either QuickTime or Java to be installed on a computer for the tour to work correctly. The client is also aware that Virtual 4 Media virtual tours are made up of panoramic images. These images can be over 200kbs each and the Virtual 4 Media virtual tours are best viewed using a Broadband Internet connection.

3. Photographic brief and quotation
Virtual 4 Media will require a clear brief before a written quotation is submitted to the client. Virtual 4 Media will not commence any photographic commission until a price has been agreed, a written order has been received and a deposit has been paid. (Please see section 11. Payment Terms)
It is the client’s responsibility to acquire any permission that may be required and that the site is ready and presented as the client wishes it to be viewed in the Virtual Tour upon the arrival of Virtual 4 Media photographer. The brief is essential in order to establish the exact objectives of the photographic session and to ensure that the site or subject to be photographed is with full permission and has been fully prepared in accordance with section 4. of these terms and conditions. If a site survey is required, the cost shall be agreed and paid prior to the commission taking place. Unless otherwise stated, the quotation shall only include the photographs being supplied in digital JPEG format via e-mail or sent on CD-ROM. Virtual 4 Media shall use the equipment and methods it sees fit to take the photographs in accordance with your proposed use of the images in the brief. You retain personal reproduction rights for the photographs as stated in section 6. Virtual 4 Media reserves the right to reject any commission.

4. Photographic Permission
You shall be responsible for obtaining all relevant permission’s prior to Virtual 4 Media arriving on site to carry out the commission. These permission’s shall include legal access, authority to take the commission from the owner and / or the police and / or local authority authorization where required. In some public places or when taking aerial photographs, a licence or police authority may be required which, shall be your responsibility. If all relevant permission and access is not obtained when Virtual 4 Media arrives on site, you shall be liable for the full cost of the commission. Virtual 4 Media has the right to make the final judgment on whether the site is suitable and safe for the photographic commission.

5. The Commission
Once Virtual 4 Media has received a written order, the commission will take place at the agreed place, date, time and for the quoted price unless instructed in writing by either party. Any notice of cancellation less than 24hrs prior to the agreed time shall be charged at 80% of the invoice value. All cancellations shall be in writing. You shall be responsible for obtaining all permission and preparing the site or subject for photography prior to Virtual 4 Media arriving on site, unless otherwise agreed in writing. If you or Virtual 4 Media are unsure about the feasibility of photographing at the location, a site survey can be arranged at an agreed fee. Once on site, Virtual 4 Media reserves the right to invoice you at the full rate whether or not the commission is completed, unless a prior arrangement has been reached in writing. You will also be invoiced for the full amount if Virtual 4 Media arrives at the location but cannot obtain access to the site.

6. Copyright
Virtual 4 Media retain full, unlimited, worldwide copyright and intellectual property rights of all photographic material and resulting images from a commission. These virtual tours are solely for display purposes and you are prohibited to alter any material supplied by Virtual 4 Media without first receiving written permission from Virtual 4 Media. They may not be copied, published, reproduced, or stored on any electronic retrieval system without the express written permission of Virtual 4 Media. Virtual 4 Media’s exclusive copyright of the photographic images supplied allows Virtual 4 Media to use any of the images for any purpose unless otherwise agreed in writing.

7. Portfolio
Virtual 4 Media have the right to show work created for the client(s) on Virtual 4 Media’s website(s). The client agrees to their logo being displayed and a web link to the clients website.

8. Failure
Whilst every care is taken at every stage of the photographic process, in the event of a camera failure, operator error, material failure, loss, theft or machine failure, Virtual 4 Media can accept no responsibility for any losses however incurred as a result of any such failure beyond a full refund of the original purchase price.

9. Liabilities
Virtual 4 Media endeavours to carry out the commission as stated in the agreed brief. Whether the commission is or is not completed, Virtual 4 Media shall be limited to the fees agreed in the quotation for the specific job, not any resulting losses or damages.

10. General Liability
Virtual 4 Media can accept no contingent liability for any failure of any type resulting from the failure in any way of any product or service they supply.

11. Payment Terms
Virtual 4 Media will carry out a commission based upon a written order. A booking will only be confirmed once a deposit of 50% has been received. The final 50% payable before any images or virtual tour is released from Virtual 4 Media unless a prior payment arrangement has been agreed in writing. If a payment is not settled within 14 days of invoice date, Virtual 4 Media reserves the right to charge interest at 5% per month. Virtual 4 Media reserves the right to retain all material supplied until payment is received in full.

12. Logo
Unless otherwise stated the Virtual 4 Media logo will appear on the bottom of all 360° virtual tour viewers and on the tour itself.

13. Weather
Virtual 4 Media cannot be held responsible for the weather. Virtual 4 Media will contact the client 2 days before the commission to discuss whether weather conditions are favourable for the booked date. If the weather is not favourable then the following conditions will apply:

Clients located more than 40 miles from the Virtual 4 Media office will have the option to re-schedule the whole commission. If the client wishes to proceed regardless of weather conditions then Virtual 4 Media accepts no responsibility for the quantity or quality of any outside scenes that are produced. In this situation the invoice will still need to be paid for in full before the release of any images and any return visit will be charged for accordingly.

Clients located less than 40 miles from the Virtual 4 Media office will have the option to re-schedule the whole commission or to just re-schedule the outside scenes. In this situation any return visit needed to photograph outside scenes will occur a mileage rate of £0.40 / mile.

14. Client Satisfaction
In any circumstances where you are not completely satisfied with the photographic quality or services provided, Virtual 4 Media will have the final say in the arrangement of a satisfactory outcome. Virtual 4 Media will not be liable for any financial refund but will, at its discretion redo the commission.

English Law shall apply to these terms, notwithstanding the jurisdiction where you are based. You irrevocably agree that the courts of England shall have exclusive jurisdiction to settle any dispute which may arise out of, under, or in connection with these terms and for those purposes irrevocably submit all disputes to the jurisdiction of the English courts. The place of performance shall be England.