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Virtual Homes Terms & Conditions
These Terms of Trade [“Terms”], together with the information
provided by you on a Booking Form, will govern the supply of
goods and services from Virtual Homes Limited [“us”] to you.
Your order or authorization to purchase goods or services from
us indicates your acceptance of these Terms.
1. Virtual Homes Services
Virtual Homes provides, Interactive Virtual Tours, Streaming
Video Tours, Photo Tours and other services such as:
Photographic Services:
Quality edited still photographic images, virtual tours, panorama
brochures, twilight or night photography, aerial photography
Website Design & Software Development:
Whether the task at hand is to launch a fresh new online brand, ecommerce
platform, intranet, community portal or an engaging piece of online marketing,
we have the team, methodology and technology required.
2. Ordering your Virtual Home
To order any Virtual Home, you need to become a Virtual Homes
Member. You can do this by simply logging onto www.virtualhomes.co.nz
and fill in the membership form, complete the form attached
in the information pack or request a membership form via email,
telephone or fax.
Once you are a member you may order photographic services by
submitting a completed Booking Fax Form and faxing to Virtual
Homes offices, or you may order photographic services via your
membership Control Centre Website www.virtualhomes.co.nz. When
you are ordering by telephone we will complete the Booking Form
as instructed by you and then fax, email or post this back to
you for your confirmation.
Before submitting an order you will –
Ensure the information you are providing to us on the Booking
Form is current, accurate and complete. You will notify us immediately
of any changes or corrections to this information.
Secure all necessary consents and authorisations to ensure that
we are able to access premises.
Ensure we will have safe access to the premises and, where you
require and/or we request that you do so, arrange for an agent
or the property vendor to accompany us while we perform the
photographic services
We will generally require at least 24 hours notice in order
to provide photographic services.
Once the photographer has attended the premises to provide a
photographic services, any cancellation may incur a call out
charge plus any work already started.
We will provide the photographic services at the date specified
in the order confirmation however time overruns may occur due
to weather and other circumstances outside our control.
We will attempt to notify you where we have reason to believe
we may be delayed or unable to perform or complete any photographic
services.
We reserve the right to reject all or part of any order.
3. High Resolution Image Archiving Service
In relation to each order, we will:
upload the Images to the your own corporate website, or provide
you with a URL (LINK) containing the Virtual Brochure. We can
at your request provide you with a removable media device [CD
and/or DVD] containing the high resolution Images taken for
your Virtual Tour Brochure, however these will incur extra costs
on top of any other service provided.
4. Licence to Use Images
You understand and agree that all intellectual property rights
in the Images will belong to Virtual Homes. Upon payment in
full of all charges in relation to an order, we will grant you
an exclusive non transferable licence to use the Images in their
original form for the sole and exclusive purpose of marketing
and promoting your property, provided however that you will
not use or allow the Images to be used with or by any service
that competes with Virtual Homes without our prior written consent.
You will not make any modifications, enhancements or changes
to the Images without our prior written consent.
You will ensure your use of the Images complies with all relevant
laws, statutes, regulations and industry standards and codes
of practice
5. Charges
Our current charges are set out in the Price List listed on
the Virtual Homes website and any Virtual Homes Marketing Material
supplied to you. We may vary our charges on 30 days prior written
notice to you. Any change to the charges will apply to orders
received by us on or after the date the notified change becomes
effective.
6. Payment
We will invoice you and you will pay the charges within 7 working
days for each order in full on delivery of services. Once we
have accepted an Order, it is not subject to return or credit
for any reason. 7 working day policy is for review and changes
and payment will be made upon completion and work will be released
upon payment.
7. Changes to the tours (Virtual, Video, Photo)
Where there are changes to be made to the tours. You will have
7 working days from the invoice period to make the necessary
changes, ie such as telephone, contact address etc. Once these
changes have been made and we have received full payment we
will release the work done.
Where we in our sole discretion extend credit to you, and you
fail to pay any amounts when due, we may, without prejudice
any other remedies that may be available to us, suspend or withhold
any services and/or suspend or terminate your licence to use
any of the material Virtual Homes has provide to you. You will
pay interest on the full amount at the rate of 5% per week chargeable
from the due date for payment until the date full payment is
received by us
You will also pay any costs we incur in enforcing our rights
under these terms.
8. Liability
You will indemnify Virtual Homes against any and all liability,
loss, damages, costs or other expenses of any nature incurred
or suffered by Virtual Homes as a result of your failure to
comply with these Terms, including but not limited to:
Any use of the Images outside the scope of the license granted
in section 4 of these Terms Modifications, enhancements or changes
made to the Images by anyone other than Virtual Homes Any claim
that any materials or other information supplied by you or used
by you with the Images infringes the intellectual property or
other rights of any third party
We will on no account be liable to you or any third party for
incidental, indirect, special, consequential or economic loss
or damage arising from any loss of use, errors, deficiencies,
delays, misuse, loss of service, profits or savings or any other
cause relating to Virtual Homes goods or services.
If we are found to be liable to you, our liability is limited
to the dollar amount you have paid to us for the goods or services
to which the claim giving rise to the liability relates.
As you are acquiring the goods and services for the purposes
of business or trade the provisions of the Consumer Guarantees
Act 1993 will not apply.
9. General
These Terms and any properly executed order represent the entire
agreement and understanding between us and will be governed
by the laws of New Zealand. These Terms may not be varied without
our prior written consent. Our failure to enforce any provision
of these Terms will not be construed to be a waiver of that
provision. We will not be liable for events or circumstances
outside our control.
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