Terms & Conditions
The following describes the Terms & Conditions ('TC' hereafter) of all products and services offered on the MyPlanet 360° Collections network, provided by:
Beamer Studios; North America Office; #1 1200 Edgewater Drive, Squamish, BC, V8B 0E7, Canada; Legal name: Bollito.net Productions; BN: 85906 0477
Our TC are intended to create a fair and strong business basis for our customers and us to act upon. Please feel free to contact us if you have any questions or concerns in regards to the following.
Client
The client has to be of legal age and legally entitled to enter a work relationship under the herein listed conditions.
360° Panorama production
It is the clients' responsibility to arrange and organize all locations to be photographed and to be fully prepared for the photographer as well as any additional personnel. The client shall guarantee best possible collaboration of our main on site contact and staff on-site.
If our photographer is unable to photograph a specific location within the time-frame od 1 hour per panorama, due to the client's actions, negligence or additional requests, we will charge the client for the additional work and travel and living expenses at our regular hourly rate.
The maximum on-location production time per panorama that is part of the package ordered includes location scouting, planing, location setup, photography and quality verification.
Customer contact
Upon service order the client will have to supply us with a location contact person, who will have to be available during the production time and who will be responsible for managing location preparation according to the '360° Tour Order Form'. This contact person has to be available at the production locations during the 360° Panorama production.
Upon service order the client will have to supply us with a management contact person, responsible for all management communications.
Approval of service
After project completion the client will be presented the project before we will publish the project (360° Tour) on our MyPlanet 360° platform. A project is considered approved and finalized, after this presentation. Any time spent on revisions will ad to the production time and will be charged accordingly.
Payment
Monthly Plans: The client is charged on a month-to-month basis for all published projects (360° Tours). Payments are due on or before the day of the publication date of the project (360° Tour) each month.
All additional production fees, additional travel and living expenses, additional photography charges as specified in the package list, are payable after production and before publishing of the project (360° Tour).
Purchase Packages: The client is charged platform fee on a yearly basis for all published projects (360° Tours). Payments are due on or before the day of the publication date of the project (360° Tour) each year. First year platform fee included in the package price.
All production fees, additional travel and living expenses, additional photography charges as specified in the package list, are payable after production and before publishing of the project (360° Tour).
Cancellation by the client
All packages offered have a minimum contract of one full calendar year.
Monthly Plans: After the minimum contract time is over, a project can be cancelled on a month-to-month basis. The contract will continue to run to the end of the monthly payment period (day of publication date + 30 days) following the payment period the cancellation notice was received. All contracts are open-end and will have to be cancelled in writing.
Purchase Packages: After the minimum contract time is over, a project can be cancelled on a year-to-year basis. The contract will continue to run to the end of the yearly payment period. All contracts are open-end and will have to be cancelled in writing.
If the client decides to cancel a project during production or after placing a production order, we will charge all work executed up to the point of cancellation at our regular hourly rate. An additional 20% of the yearly total project (360° Tour) charges or20% of the Purchase Package cost will be charged as an administration fee. Furthermore all travel and living expenses related to the cancelled project are to be paid by the client.
Production scheduling
A re-scheduling fee applies to any production re-scheduled within 48h prior to the arranged production date and time. For monthly plans the fee is based on 5% of the yearly total service charges. For purchase packages the fee is based on 2.5% of the total package cost.
Cancellation by the service provider
We reserve the right to cancel a project, production or the network of the MyPlanet 360° Collections at any point in time without having to supply the client with further reasons. Refunds may apply, if a project or the MyPlanet 360° Collections network is canceled in a monthly payment period where the client has already been charged; in that case the client may be eligible for a refund for the remaining days, where the service could not be provided - (monthly service charges charged - total days of the payment period where service was not provided) * daily package price = total refund.
Maintenance and service interruption
We can not be charged by the client or other parties, nor does a refund apply for server downtime, due to server maintenance, updates or any other causes, that could temporarily interrupt our services and the presentation of the MyPlanet 360° Collections.
Copyrights, licensing and right of use
All of our products and services are limited to be used under the following conditions.
We own all rights to our products and services.
No rights of our delivered solutions are transferable to others. Our productions, solutions, delivered products and services underlie international copyright law and are intellectual property and may not be changed, copied or adapted by you and/or others. No ownership or copyright in any Material supplied by us to the client shall pass to the client. The clients and others do not have the right to re-sell our products completely or in part.
Customer supplies and customer content
When entering these TC, it is the client's responsibility to supply us with all necessary supplies before production start. This can include logos, corporate identity colors, text and other materials. All supplies have to be delivered digitally. To ensure a high quality standard all image files shall fulfill the following requirements: Logo file formats: Illustrator, PDF, EPS, Photoshop - Graphic and image file formats: Illustrator, PDF, EPS, Photoshop, TIFF, RAW, JPEG, GIF.
If not all supplies are delivered before production start we cannot be held responsible for any production delays and product delivery delays.
Personal data protection
All contact information given to us will be for the sole use of our project management and will not be given or sold to others.
Limited warranty
Based on our leading 360° Panorama Technology, our 360° Panoramas and Tours offer the same great quality on MAC & PC with all popular internet browsers. However, quality and functionality of our 360° Panoramic solutions may vary depending on the end-user's computer specifications, therefore we cannot be held responsible for any malfunctions to do with our 360° Panorama and 360° Tours.
Indemnity
In no event will we be liable to any party for any direct, indirect, special or other consequential damages for any use of our products, services and solutions, including, without any limitation, any lost profits and business interruptions, even if we are expressly advised of the possibility of such damages.
Final provision
We keep the right to change our TC at any time without further notice.
If any provision of these TC is, for any reason, invalid and / or unenforceable, the remaining provisions shall continue to be valid and enforceable to the fullest extent permitted by law. The parties agree to replace an invalid and / or unenforceable provision with a valid and/or enforceable provision which most closely approximates the intent and economic effect of the invalid and / or unenforceable provision. This also applies to contractual loopholes.
All headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of the depending content.
Place of jurisdiction, insofar as legally admissible, shall be the main place of our business.
These TC and the contractual relationship shall be governed by Canadian Law.
Disclaimer
1. Content
The author reserves the right not to be responsible for the topicality, correctness, completeness or quality of the information provided. Liability claims regarding damage caused by the use of any information provided, including any kind of information which is incomplete or incorrect, will therefore be rejected.
All offers are non-binding and without obligation. Parts of the pages or the complete publication including all offers and information may be extended, changed or partly or completely deleted by the author without separate announcement.
2. Referrals and links
The author is not responsible for any contents linked or referred to from his pages - unless he has full knowledge of illegal contents and would be able to prevent the visitors of his site from viewing those pages. If any damage occurs by the use of information presented there, only the author of the respective pages might be liable, not the one who has linked to these pages. Furthermore the author is not liable for any postings or messages published by users of discussion boards, guestbooks or mailinglists provided on his page.
3. Copyright
The author intended not to use any copyrighted material for the publication or, if not possible, to indicate the copyright of the respective object.
The copyright for any material created by the author is reserved. Any duplication or use of objects such as diagrams, sounds or texts in other electronic or printed publications is not permitted without the author's agreement.
4. Privacy policy
If the opportunity for the input of personal or business data (email addresses, name, addresses) is given, the input of these data takes place voluntarily. The use and payment of all offered services are permitted - if and so far technically possible and reasonable - without specification of any personal data or under specification of anonymized data or an alias. The use of published postal addresses, telephone or fax numbers and email addresses for marketing purposes is prohibited, offenders sending unwanted spam messages will be punished.
5. Legal validity of this disclaimer
This disclaimer is to be regarded as part of the internet publication which you are viewing. If sections or individual terms of this statement are not legal or correct, the content or validity of the other parts remain uninfluenced by this fact.
Production & Copyrights
Pascal Bolla - MyPlanet 360°
Box 841 Valemount, BC, V0E 2Z0; Canada
pascal@myplanet360.com
Legal name: Bollito.net Productions
BN 85906 0477