TERMS AND CONDITIONS
1. Payment
A. Payment for tours must be made at time of photography session or within 30 days of receiving client invoice. Total Tours 360 accepts checks or credit cards through PayPal. Total Tours 360 reserves the right to remove the virtual tour from our website if payment is not made within a reasonable amount of time. A late fee of $15.00 per month will accrue after the first 30 days. Payments and all agreements regarding payment will be made directly with Total Tours 360 and the Client. Independent Photographers are not authorized to accept payments or negotiate payment terms.
B. If an additional travel/mileage fee applies to your tour, you will pay this directly to the photographer at the time of the photography session. The travel/mileage fee will be agreed upon in advance.
C. Any appointment for a photography session must be cancelled at least 6 hours prior, or a $25.00 cancellation fee could apply. If an appointment is made with a Total Tours 360 photographer and there is no authorized person at the property (i.e. homeowner or real estate agent) to allow entrance, a $25.00 “no-show” fee will apply.
D. If tours are not paid for in a timely manner, Total Tours 360 reserves the right to remove the tour from our website. The client will also be held responsible for any legal fees we incur while collecting monies due.
E. All tours are non-refundable. If Total Tours 360 is unable to complete your tour, we will at our discretion, issue a credit toward a future virtual tour or refund all or a portion of the payment.
2. Photographs and Virtual Tours
A. All photographs and web design remain the property of Total Tours 360. Total Tours 360 may display entire virtual tours, partial virtual tours or individual photographs on our website. When using individual photographs or virtual tours for advertising or promotional purposes, identifying features of the property will be digitally hidden or removed. Any complete virtual tour featured on our website will include pertinent information regarding property description and contact information. Total Tours 360 reserves the right to also use any photographs taken for any of the following purposes:
i. Advertising and promotional projects, including printed materials, product packaging, presentations, film and video presentations, commercials, catalogues, brochures, promotional greeting cards and promotional postcards (ie. not for resale or license);
ii. Entertainment applications, such as books and book covers, magazines, newspapers, editorials, newsletters, and video, broadcast and theatrical presentations;
iii. On–line or electronic publications, including web pages;
iv. Prints, posters (i.e. a hardcopy) and other reproductions for promotional purposes specified in (1) above, but not for resale, license or other distribution.
B. The client may include a link from your website to your tour. We may also be able to send a link to various multiple listing services for you such as Realtor.com and MLSLI.com. Total Tours 360 will provide the information to these websites in a timely manner. We are not responsible if the linking web site is unable to provide the necessary link or uploading information. Please contact us for a complete list of web sites that we can link your tour to. Additional fees may apply for this service.
C. The client may use any still photographs that have been created in a variety of ways. If you wish to use the still photographs and require an electronic copy, additional fees may apply. Clients may only use the photographs that are included with tours that they have paid for. For example, Real Estate Agent A can not use photographs featured in a tour purchased by Real Estate Agent B. Clients may use the pictures in any of the following ways:
i. Advertising and promotional projects, including printed materials, product packaging, presentations, film and video presentations, commercials, catalogues, brochures, promotional greeting cards and promotional postcards (i.e. not for resale or license);
ii. Entertainment applications, such as books and book covers, magazines, newspapers, editorials, newsletters, and video, broadcast and theatrical presentations;
iii. On–line or electronic publications, including web pages;
iv. Prints, posters (i.e. a hardcopy) and other reproductions for promotional purposes specified in (1) above, but not for resale, license or other distribution;
v. Any other uses approved in writing by Total Tours 360.
D. You agree not to remove or copy the photographs from our website. All photographs and programming code associated with the photographs and tours remain the property of Total Tours 360. Removal, downloading or copying of photographs and programming code may violate copyright laws.
E. If you do not wish to have your tour featured on our website, please make your request in writing or via email to info@totaltours360.com.
F. Total Tours 360 takes great pride in the quality of photographs taken. If we deem photographs to be not up to our standards, a second photo session may be necessary at no charge to you. If you are not happy with the photos taken and would like a new photo session, additional fees may apply.
G. All virtual tours will be hosted on our website for six (6) months, unless otherwise stated in the package purchased. If you wish to have your tour posted for additional time, please contact us. Your tour may be added to our website at any time after the sixth month, although additional fees may apply. If payment has not been received in a timely fashion for a tour, the tour may be removed from our site.
H. Total Tours 360 offers no guarantees as far as effecting or influencing the sale of any property. Photographs and tours are representational images only and can not be used as evidence or party in any contract.
I. Floor plans are also representational images only. Total Tours 360 offers no guarantees as to the accuracy of the floor plans. If the client provides floor plans to Total Tours 360 for use in a virtual tour, the client assumes responsibility for any copyright infringement or permissions necessary from homeowner or original architect.
J. When the “Map It” option is included in the tour, Total Tours 360 does not guarantee the accuracy of the maps or the directions. A third party is used to generate this information.
3. General Information
A. You agree that the person ordering the tour has the authority to do so. The property will be prepared with the photographer arrives. The homeowner, real estate agent or other representative will be present. The photographer is not responsible for cleaning property or moving furniture etc. Some photographers will be independent contractors hired by Total Tours 360. You also agree that Total Tours 360 will not be held responsible for any negligence or damage done to property during photography session.
B. Total Tours 360 may change prices and packages at any time, so please read package information carefully before each purchase.
C. Any other agreement may be made with both parties agreeing to terms in writing.
4. Privacy
A. Total Tours 360 does not share our clients’ personal, business or contact information with any third party. Property information and appropriate contact information which is part of a virtual tour will be available to the public on our website inside of the tour purchased.
Copyright © 2006 Total Tours 360
