Terms & Conditions
DEFINITIONS
In these Terms & Conditions, unless the context otherwise requires, the following expressions have the following meanings:‘Client’, ‘you’ or ‘your’ means the person or organisation who commissioned the work and/or to whom the invoice is addressed (whether the Client is acting for a Third Party or not);‘sneak-a-peek’ ‘3D Property Scans’ or the words and/or terms ‘us’, ‘we’ or ‘our’ refers to sneak-a-peek, our agents or representatives;‘Term’ means the agreed hosting period or duration of the Contract;‘Service’ will mean any 3D service, 3D VR Virtual Tour, Hosting, Subscription, Visual Material, Artwork, Scan, Image, Graphic, Work, Process, Product or Service that we provide to you;
By booking a sneak-a-peek service you agree to the below Terms and Conditions.
1. Where we provide you with 3D services using the equipment, platform or technology belonging to or provided by Matterport Inc (‘Matterport’) you are subject to Matterport’s terms and conditions (‘Matterport Terms’). You agree to be bound by and comply with the Matterport Terms. Should you breach the Matterport Terms you must indemnify us from and against all claims, damages, losses, liabilities, judgments, costs and expenses that we may suffer or incur that arise from such breach. You can find Matterport Terms at https://matterport.com/legal/terms-of-service/and https://matterport.com/terms-of-use/, as amended from time to time.
2. We are not VAT registered. The quotation will not necessarily include all expenses or fees which may be incurred. All extra expenses or fees will be relayed to you prior to incurring them.
3. We reserve the right to ask for a deposit or full payment up front before we provide our Service.
4. You acknowledge and understand that there are limitations in the creation of 3D VR imagery:
i) The Service using Matterport technology is designed to create 3D VR Virtual Tours of indoor spaces only. Subject to weather conditions, we can capture 360 degree panoramas. These can be included as part of a Highlight Reel but do not have the full interactive/VR functionality of the Inside View.
ii) In certain light conditions, we may be able to capture exterior spaces but make no guarantee that these can be processed into your final 3D VR Virtual Tour. If we go ahead, we may charge extra for this Service. We’ll discuss this with you in advance.
iii) Imagery captured in the 3D VR Virtual Tour cannot be altered in any post-production process (for example, ‘photoshopping’ elements in/out, adding/subtracting light; cropping). If you have any confidential, personal, or private items, or anything you don’t want in the final 3D VR Virtual Tour, you are responsible for relocating them before the Scan.
iv) The camera takes a series of 360 degree images, and the technology relies on positional alignment. Moving, or moved, objects can cause alignment issues. To achieve the best results, the Service Location should be entirely free of people, pets and moving objects.
v) Bright sunlight and reflective surfaces can also cause alignment issues.
vi) We will make our best efforts to mitigate the challenges and/or limitations of the technology but accept no responsibility or liability for misalignment or other issues that appear in the final Virtual Tour.
5. The data we collect to create your 3D VR Virtual Tour is processed separately to the Scanning process, in a post-production phase. We will provide you with a URL and, where requested, an embed code for the 3D VR Virtual Tour, usually within 24-48 hours. We will provide 2D Schematic Floor Plans and Still Shots (if ordered) by email. We will provide the link with full viewing access on good faith that you will make prompt full payment of our invoice.
6. Unless otherwise advised, you acknowledge that all 3D Services (excluding 2D Schematic Floor Plans) are stored and hosted on proprietary cloud servers owned by a third party (‘Matterport’), and accessible solely through the third-party services (servers, databases, IP, technology) (‘Matterport Platform’).
7. You acknowledge that the Matterport Platform is owned and maintained on our behalf by Matterport. We will make commercially reasonable efforts to ensure that your Service is operational. However, we give no warranty about your right or ability to access or use the Platform or 3D VR Virtual Tour created using the third-party technology.
8. We agree to maintain a contract with the third party to store and make accessible your hosted Service for the duration of the Term that we have agreed with you in writing. You will not have the right to access or view your Service following the expiry or termination of the Term.
9. Where you display our 3D Services on your website, you are responsible for any development, operation, maintenance, and end user support relating to your own website.
10. We make no warranty to archive, retain, store or host your 3D Virtual Tour beyond the date of the agreed hosting period, the date stipulated on our invoice, or a date we have agreed with you in writing. You can renew your hosting or service agreement with us when it falls due.
11. During the Term, you can request that we change any of your hosted 3D VR Virtual Tours from to public or private or vice versa. We need your notification in writing (email) to process your request. Any hosted 3D Service designated as private will not be accessible or viewable by the public.
12. We hope that you will be happy with our service to you, but if you’re not, please let us know without delay. If you haven’t been directly in touch within five days of us providing your final material, we will consider our service to have been acceptable by you.
Payment
13. Payment is required within 28 days of the tour being available and an invoice being sent. The tour will be hosted for this time period to enable the client to review the tour and ensure the quality of images and tour details are as required. After this time, we withhold the right to withdraw the tour or delay the provision of tour data until payment is made.
14. We accept cash, and electronic transfer direct to our account. Payment of the invoice is acceptance of all work to be supplied with no further amendments required. Further amendment requests after payment is received are chargeable at an hourly rate. Delayed payment of the final invoice will attract a surcharge of 10% of invoice value for every overdue week after 35 days of the invoice being received.
Cancellation
15. Cancellations made within 7 working days of the agreed shoot date will be subject to a 20% fee of the total quote amount unless rescheduling.
16. Cancellations made within 3 working days of the agreed shoot date will be subject to a 50% fee of the total quote amount.
17. Cancellations made on the day of the agreed shoot will be subject to 100% of the total quote amount.
Copyright
18. All images and content of sneak-a-peek.co.uk remain the intellectual property of sneak-a-peek. No images or content may be copied or distributed without prior written permission.
19. The copyright for any purchased or supplied 360 virtual tour, promotional video or still image is retained by sneak-a-peek. Clients will be free to use the supplied content on any promotional or listing website and printed literature for the pre-agreed purpose without further payment as long as the images or content is not altered in any way. If the client wishes to use, transfer, alter or sell the content/images for any other purpose than the pre-agreed one, they may only do so after receiving written permission from sneak-a-peek. A fee for “transfer of use” to another user or non-agreed purpose will be charged. No additional backlinking or credit for the photography is required but is appreciated.
Tour Preparation
20. It is the client’s responsibility to ensure the locations are ‘dressed’ and suitable for the shoot and to the standard they expect. sneak-a-peek photographer will not ‘dress’ a location and will shoot the rooms as presented.
21. Any photography that requires a re-shoot due to a lack of preparation will be charged for as per our pricing structure. If delays are attributed to lack of preparation on the client’s side, additional charges will be made on the final invoice at a rate of £50 per hour.
22. 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 at a rate of £50 per hour, and will be shown on the final invoice, unless otherwise agreed.
23. Models / live subjects used within photography / virtual tours 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.