This Agreement is between Loop (the “Service Provider”) and the client whose premises are being photographed for the virtual tour (the “client”)
In working with Loop, you agree to the following terms and conditions.The following document outlines the terms and conditions for Loop services. By working with us you agree to adhere to these conditions.
Terms and Definitions:
(a) the Photographer is the Author of the photograph or the Photographer.
(b) the Client is the person or organisation to whom the invoice is addressed (whether or not the Client is acting for a third party);
(c) Loop administers the licensing of the works of the Photographer and is a trading name of halaqah virtual media Commercial registration a company registered in Saudi Arabia.
IMAGE EDITING AND RETOUCHING FOR ALL TOURS:
All images will receive individual attention in the form of retouching, enhancement, selective area adjustment, textures, etc. Please note that cramped spaces and extremely bright or contrasting light conditions aren’t ideal for 360 photos.
Limited Licence to Service Provider:
The client grants Service Provider a non-exclusive license to use a reasonable number of images created under this Agreement as “samples” or “portfolio copies” for Service Provider to archive examples of Service Provider’s work or market Service Provider’s services.
Time and Date of Services:
Upon agreement, Service Provider will reserve the time and date agreed upon to provide the photographic services.
Use and Reproduction:
(a) The License to Use only comes into effect once payment of the invoice has been made. No use may be made of the images until full payment – including any late payment charges that may have been levied – has been received by Loop;
(b) Permission may be granted for image use before payment; however, this permission will be immediately revoked if payment of the invoice is not made by the timescale stated on the invoice;
(c) Reproduction rights are strictly limited to those specified by Loop. It is assumed the client will use the images on their own website and through their direct marketing channels (Facebook, Google and other of their own social media). Use is also granted for the client to share the images with those directly involved with the marketing and promotion of their business. Any additional use for a different purpose will require permission from Loop;
(d) As the author and license holder of the photography Loop retains the right to use any images taken of public areas commercially. This excludes any images taken on the client’s private property; any such images can only be used as a point of reference in Loop portfolio work unless express permission has been granted by the client.
(e) On the Client’s death or bankruptcy or (if the Client is a company) in the event of a Resolution, Petition or Order for winding up being made against it, or if a Receiver is appointed, Loop may at any time thereafter inspect any records, accounts and books relating to the reproduction of its pictures to ensure that the pictures are being used only in accordance with the reproduction rights granted to the Client.
Loop reserves the right at any time and from time to time to amend, improve or correct the Services, Software and/or Hardware (or any part thereof) provided that such modification does not materially affect the overall quality of the Services. This includes the right to substitute the Hardware with Hardware of similar specification, where necessary. Loop shall endeavour to give the Client reasonable notice of such modifications but this may not always be possible and Loop shall not be liable to the Client or to any third party for any such modification or any failure to give such notice
Loop will endeavour to respond to a Support Call during Standard Support Hours within 24 hours.
Complaints procedure:
If the Client is not satisfied with the Service(s) provided or with the response to a prior complaint, a formal complaint can be made in writing to support@loopvmedia.com
Unless Service availability is affected, complaints will be acknowledged within 24 hours during Standard Support Hours. Business critical complaints should be escalated by the Client via telephone using the number listed at loopvmedia.com
PAYMENT:
The client shall pay 50% of the quoted cost prior to the photoshoot unless otherwise defined in the proposal/agreement. In the event of cancellation by the client where costs have already been incurred by the service provider, the client will be liable to pay these costs (fuel, time, accommodation, expenses). The remaining charges are payable within 30 days of the shoot being completed, published and prior to release of any usage rights. An invoice will be issued separately. In the event of cancellation by Loop, the client will be entitled to a reschedule or refund.
Copyright and Ownership of Materials:
The entire copyright in the pictures is retained by the Photographer, at all times throughout the world and is administered by Loop;
(a) Title to all photographs remains the property of the Photographer;
(b) the Photographer has a moral right to be identified as the author of his work and the right to a credit, if requested.
Confidentiality:
This Agreement is confidential information. The client will not disclose or make this Agreement available to any third party except as specifically authorized by Service Provider in writing; when the client provides reasonable prior notice to Service Provider.
Limitations on Liability:
(a) except for breaches of confidentiality, (i) neither party will be liable (under any theory or circumstance) for lost revenues or indirect, special, incidental, consequential, exemplary or punitive damages, and (ii) neither party’s aggregate liability for any claim arising or related to this agreement.
Responsibility:
The service provider takes no responsibility for copyright or privacy issues in the venue and it is assumed the client has all necessary permissions for photography to be conducted in all areas requested and with any persons involved.
Modifications:
Any modification of this Agreement must be
(a) pre-approved by Service Provider in writing.
(b) reflected in a written agreement that is signed by both Service Provider and the client.
Hosting:
The following outlines the Service that Loop provide is to achieve. This does not constitute any additional liability to The Service Provider, but instead a self-assumed obligation towards the Client. Under the conditions below.
The Service Provider Network Availability and Power Availability currently operates at maximum capacity in any calendar month. Calculation shall exclude periods when outages arise from, or are otherwise indirectly caused by:
Outage periods due to any cause other than faults by The Service Provider, including faults or negligence of the Client or problems associated with equipment connected on the Client’s side of The Service Provider delivery point,
Outage periods reported by the Client in which no fault is observed or confirmed by The Service Provider,
Downtime when The Service Provider technical staff cannot have access, when the Client is requested to do so for the purpose of investigating the problem and restoring the service, to Client premises and equipment pertaining to the service in case the service should include the management of equipment on the customer site by The Service Provider
The Client requesting The Service Provider to test Client connection although no fault has been detected and/or reported by The Service Provider
During Scheduled Maintenance affecting the Services as defined above.
Performance degradations and service loss due to Denial-of-Service attacks or other unlawful attacks.
Neither Party will be obliged to carry out any obligation under this Agreement where performance of such obligation is prevented by the occurrence of a Force Majeure Event. No commitment from The Service Provider applies in case of Force Majeure.
Indemnity:
The Client agrees to fully indemnify and keep The Service Provider, its subsidiaries, affiliates, officers, partners and employees fully indemnified from and against all actions, demands, costs (on a full indemnity basis), losses, penalties, damages, liability, claims and expenses (including but not limited to legal fees) whatsoever incurred by it or them and arising from any of the following: (i) the Clients breach of this Agreement or its negligence or other act, omission or default; (ii) the operation or break down of any equipment or software owned or used by the Client but not the Hardware and/or Software; (iii) the Clients use or misuse of the Services; (iv) the Client infringing (whether innocently or knowingly) third party rights.
The Service Provider shall have no liability to the Client for any loss arising from any material, data or instructions supplied whether digitally or otherwise by the Client or on its behalf which is incomplete, inaccurate, illegible, out of sequence or in the wrong form or arising from late arrival or non-arrival or any other fault by the Client or on its behalf.
No action, claim or demand arising out of or in connection with this Agreement may be brought by the Client against The Service Provider more than one year after the cause of action has occurred.
The Service Provider is not responsible for any delay, malfunction, non-performance and/or other degradation of performance of any of the Services, Hardware or Software caused by or resulting from any alteration, modification and/or amendments due to changes and specifications requested or implemented by the Client whether or not beyond those already supplied.
Neither The Service Provider nor anyone else who has been involved in the creation, production or supply of the Services, Hardware or Software shall be liable to the Client or any other person for any loss in contract, tort (including negligence or breach of statutory duty) or otherwise howsoever and whatever the cause thereof by reason of or in connection with this Agreement or the Services, Hardware or Software for any: (i) economic loss of any kind whatsoever, or (ii) loss of profit, data, business contracts, revenues or anticipated savings, or (iii) damage to the Client’s reputation or goodwill, or (iv) loss resulting from any claim made by any third party, or (v) special, indirect or consequential loss or damage of any nature whatsoever, and the Client shall indemnify The Service Provider from and against any claim which may be made against The Service Provider in respect thereof. Some jurisdictions do not allow the exclusion or limitation of implied warranties or of liability for consequential or incidental damages and therefore the above may not apply to the Client.