1. Introduction

1.1 These are our general terms of business that apply to all projects. An agreement will be made prior to starting work on a new project.

2. General terms

2.1 A pre-visit is recommended to ensure that we get the best from your image capture. We also use this opportunity to see if a virtual tour is possible with your venue. We always offer best advice based on your venue and what we see during our initial visit. You may be asked to provide some photos if a pre-visit is not possible.

3. Pricing & Quotation

3.1 Our pricing is based upon factors such as time taken to complete the image capture, after-work required, processing time, travel time, expenses and complexity of the venue itself.

3.2 Quotations are valid for 28 days.

3.3 We reserve the right to amend our prices at any time with no given reason. This includes changes to Hosting pricing tariffs. 

4. Deposit

4.1 A deposit of 50% of the quoted price will be payable before your image capture day. If the deposit is unpaid then we reserve the right to cancel or postpone the image capture day until payment is made.

5. Cancellations

5.1 Cancellations must be made by email.

5.2 Cancellations made within 7 working days of the agreed image capture date will be subject to a fee of 50% of the deposit amount.

5.3 Cancellations made on the day of the agreed image capture date will be subject to a fee of the full deposit amount.

5.4 Following a cancellation a new quote can be provided. This will be treated as a new project.

6. Image capture day

6.1 Our equipment captures the space ‘as is’. This means that the lighting and contents of the room will be exactly as it is on the day. It is the client’s responsibility to ensure the space is prepared for image capture. If there is anything confidential or valuable that you do not want to be seen on the tour, please ensure it is removed prior to our arrival. The only way to remove anything from a tour once we have carried out our scans is to do out a complete re-shoot which is chargeable.

6.2 Our photographer will not ‘dress’ a location and will shoot the rooms as presented on the day. Any photography that requires a re-shoot due to a lack of preparation will be charged for.

6.3 If delays are incurred due to lack of venue preparation on the client’s side, additional charges will be made on the final invoice at the rate of £50 per hour.

6.4 The infra-red sensors on our camera equipment are affected by direct sunlight. This means that we may request to close blinds or doors or pick a particular time of day for best lighting and scan accuracy.

6.5 Our camera equipment can only create a 3D map of indoor spaces. Outdoor areas are instead captured as high resolution 360 degree photography and integrated into your tour.

6.6 Any areas such as voids or narrow gaps/cupboards that can’t be accessed or photographed may show up as blank spaces on your virtual tour when viewed in ‘dollhouse’ or ‘plan view’ .

6.7 Hawkshead media can’t be held responsible or liable for loss of business or costs incurred due to business closure or closure of premises whilst image capture is taking place. We will however be flexible to ensure your image capture day works for both parties.

7. Post-Production

7.1 We aim to get your post-production work done as soon as possible and completed tour back to you within 7-10 days however during busy periods this may change. We will always advise on turn-around time at the time of booking.

7.2 Hawkshead media can’t 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.

8. Software

8.1 Hawkshead media can’t be held responsible for changes, software updates or addition/removal of functionality to the 3dVista online player or any 3rd party software used in conjunction with your project.

8.2 3dVista virtual tour viewer works on most current web browsers and mobile devices, we are not held liable for incompatibility with any device or out of web date browser.

8.3 The tour is hosted on the 3dVista cloud and is subject to the terms of service of 3dVista. Hawkshead media is not held responsible for downtime or errors of the 3dVista cloud and will not be held liable to loss of earnings or loss of business as a result of 3rd party software issues.

8.4 Hawkshead media does not provide a warranty for virtual tours, errors or issues must be highlighted before or at the time of project sign off.

8.5 Once a project is published and made live, Hawkshead media is not duty-bound to store copies of original image capture data.

8.6 Hawkshead media can only provide the 3dVista virtual tour product so long as their business or product remains in operation. Changes made to their business model are beyond our control.

9. Health & Safety

9.1 Health & safety regulations are the responsibility of the client and site owner. If our photographer feels their safety may be in danger, they have 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.

9.2 If our photography equipment is at risk of damage due to on-site environmental conditions such as building work, dust, heat, steam or water then we reserve the right to re-schedule the project until the issue has been resolved.

10. The client’s responsibilities

10.1 The client agrees to pay Hawkshead media in full and provide the information required to expedite the work. The client also agrees to prepare their venue ready for photography and ensure a safe environment for our photography staff whilst they carry out their work.

11. The responsibilities of Virtours

11.1 We will provide honest, professional advice throughout the project. We will visit the client’s venue to carry out photography then provide the client with a 3D virtual tour hosted on the 3dVista cloud.

12. Ownership

12.1 If all payments are up-to-date and there is an active hosting subscription, the virtual tour belongs to the client. 

12.2 Although the overall virtual tour belongs to the client, Hawkshead media reserve the right to display completed public facing work on our website portfolio. This does not apply to anything deemed sensitive or business confidential.

13. Optional extras

13.1 The price of annotated tags, embedded videos, images or the provision of 2D schematic floor plans may vary depending on the size and layout of your venue.

13.2 If you require extras mid-project, that is totally fine. The cost of these will be agreed with you and added onto your invoice.

13.3 3dVista schematic floor plans are around 99.9% accurate however we advise they should be used for general sales and marketing purposes. For the most accurate way of creating plans you should consult an Architect.

13.4 Schematic floor plans are provided in PDF or PNG formats only.

13.5 We are able to extract a collection of high-quality stills from your virtual tour but for best results, we recommend using a professional stills photographer. Different shaped rooms require various lenses and flash lighting.

14. Virtual tour hosting

14.1 We will on your behalf host your tour via our 3dvista cloud account for your tour to be publicly viewable.

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15. Terms of payment

15.1 Hawkshead media has the right to charge a late payment fee of 5% per month on any overdue and unpaid balance, to cover admin costs or interest. In addition, Hawkshead media reserves the right to pause work until an outstanding payment is received.

15.2 We accept payments via card, bank transfer or cash. We do not accept cheques as a form of payment.

15.3 Once image capture and processing is complete, the client must settle invoice balance before the virtual tour is made live.

15.4 Should the client request us to carry out tasks in other parts of the country or overseas then reasonable and fair expenses for such visit will be outlined in our quote prior to work taking place.

15.5 In the event that we incur legal fees, collection costs and disbursements in an effort to collect unpaid invoices you agree to reimburse us for these expenses.

16. Sign-Off

16.1 The client will ensure there is one person leading their side of the project and this person is authorised to sign-off content.

16.2 To avoid unnecessary time/budget consumption, the client agrees to supply Hawkshead media with text, images and other materials for their project once they have been signed off by the person with overall responsibility for the project.

16.3 The client will have up to 7 days to return any changes to extra content such as tags. If we don’t receive feedback in this time the project will be considered complete, made live and sent to the client.

16.4 The client understands that once a project is signed off it will be published. At this point the project is considered complete and no further changes will be possible.

16.5 You shall be responsible for the accuracy, completeness and propriety of information concerning your products and services, which you furnish to us verbally or in writing in connection with the performance of this agreement.

17. Confidentiality

17.1 Hawkshead media acknowledges its responsibility, both during and after the term of its appointment, to use all reasonable efforts to preserve the confidentiality of all confidential information or data developed by Hawkshead media on behalf of the client or disclosed by the client to Hawkshead media. In addition to this we can sign a non-disclosure agreement if required by the client.

18. Absence

18.1 In the event of unforeseen staff absence such as illness, we will ensure that a replacement Hawkshead media contractor will be provided if your appointment can not first be re-scheduled with ease.

19. Terms and Termination

19.1 PERIOD OF AGREEMENT AND NOTICE OF TERMINATION

This agreement shall become effective as of the date signed and shall continue until the is project is launched or terminated by either party.

19.2 TERMINATION FOR CAUSE

Either party to this agreement may terminate the agreement if the other party defaults in the performance of any of its material duties and obligations and the default is not cured within thirty (30) days of the receipt of notice of said default, or if the default is not reasonably curable within said period of time, unless the defaulting party commences cure within said period of time and diligently proceeds to cure the default.

In addition, either party may immediately terminate this agreement by giving written notice to the other party if the other party is insolvent or has a petition brought by or against it under the insolvency laws of any jurisdiction, if the other party makes an assignment for the benefit of creditors, if a trustee, or similar agent is appointed with respect to any property or business of the other party, or in the case of the Client, if the Client materially breaches its obligations to make payment pursuant to this agreement.

19.3 OUTSTANDING PAYMENTS UPON TERMINATION
Any non-cancelable materials or services we have committed ourselves to purchase for your account, (either specifically or as part of a plan such as web software, photography and/or external services) shall be paid for by the client, in accordance with the provisions of this agreement. We agree to use our best efforts to minimise such liabilities.

The Client agrees to pay Hawkshead media in full for any outstanding staff time we’ve spent working on your project until the point the contract is terminated.

19.4 SEVERABILITY

If any provision of this agreement is held to be illegal, invalid, or unenforceable under any present or future law, then that provision will be fully severable. In such instance, this agreement will be construed and enforced as if the illegal, invalid, or unenforceable provision had never comprised a part of this agreement, and the remaining provisions of this agreement will remain in full force and effect.

This agreement shall be governed and construed in accordance with the laws of the United Kingdom.