Terms and Conditions
Issue 1 Dec 2023
1. Definitions
In these Terms and Conditions, the following interpretations apply:
• "vrtour360.co.uk" refers to vrtour360.co.uk or any of its subsidiaries or authorised partners offering related goods and services.
• "Partner" designates an authorised partner of vrtour360.co.uk providing goods and services.
• "Client" signifies the individual or company to whom the invoice is directed.
• "Service" encompasses the goods or services detailed in the quotation.
• "Quotation" stands for the acceptance form completed and signed by the Client, with supporting documentation if referenced.
• "Deliverable" implies a collection of goods or services deliverable at once, such as a video, digital images, a virtual tour, or a consultation meeting.
• "Purchase Price" denotes the price for the Service outlined in the Quotation.
• "Business Day" pertains to any day other than a Saturday, Sunday, or bank/public holiday in England.
• "Confidential Information" encompasses the terms of this agreement and all information and data belonging to or related to the parties, disclosed by one party to the other, whether in writing, verbally, or by any other means.
In these Terms & Conditions:
The clause headings are for convenience only and do not affect the interpretation of these Terms & Conditions.
The use of the singular includes the plural, and vice versa.
Any reference to "persons" includes various entities, such as natural persons, firms, partnerships, companies, corporations, associations, organisations, governments, states, foundations, and trusts.
A reference to legislation includes any amendments, re-enactments, consolidations, or enactments in rewritten form.
The phrase "including," "include," "in particular," or similar expressions are illustrative and not limiting the preceding words.
2. Notices
2.1 Any notice or communication pursuant to this agreement must be in writing, signed, and may be served by pre-paid first-class post or email. All such notices shall be deemed received as follows:
2.1.1 For pre-paid first-class post, two Business Days after posting.
2.1.2 An email shall be effective only if the addressee acknowledges receipt by replying to the email.
3. Acceptance of the Quotation
3.1 vrtour360.co.uk will provide a Quotation for each project, and the Quotation forms an integral part of this agreement.
3.2 The Client is solely responsible for ensuring that the Service described in the Quotation meets its requirements before signing.
3.3 The Client shall return the signed Quotation by letter or email (as per clause 2). Upon receipt of the order acknowledgment, a contract is formed between vrtour360.co.uk and the Client.
3.4 By purchasing the Service, the Client acknowledges reading, understanding, and agreeing to these Terms and Conditions.
4. Payment Terms
4.1 Payment terms are as follows:
4.1.1 For physical goods, the Purchase Price is payable on receipt.
4.1.2 For retained work billed monthly, the monthly element is payable by the first working day of the month, in advance.
4.1.3 The Purchase Price is payable as follows:
• A non-refundable deposit of 25% on receipt of the order acknowledgment (CGI projects may require a 50% non-refundable deposit).
• The balance of 75% or 50%, depending on 4.3.1, upon final completion/delivery/sign-off.
4.1.4 Edits or amendments must be submitted within 30 days of receiving the deliverable.
4.1.5 Invoices are payable within 30 calendar days unless otherwise stated in the Quotation.
5. Variations to Pricing
5.1 Pricing variations are outlined as follows:
5.1.1 CGI design work includes an allowance for one set of changes per deliverable. Additional changes are charged at the prevailing hourly rate.
5.1.2 Carriage of goods is an additional cost unless otherwise stated.
5.1.3 vrtour360.co.uk reserves the right to vary the Purchase Price for additional requirements or changes made by the Client.
5.1.4 The Purchase Price is applicable for three months from the signing date; after that vrtour360.co.uk reserves the right to adjust prices.
6. Cancellation
Cancellation terms are specified as follows:
The contract may not be cancelled following order acceptance, except as agreed upon in advance or with a trial or rejection period.
For retained work billed monthly, the contract may be terminated by the Client giving 3 months' notice.
Except for specified circumstances, the contract may not be cancelled without mutual agreement in writing.
7. Compliance and Intellectual Property Rights
7.1 Compliance and intellectual property rights are addressed as follows:
7.1.1 The Client is responsible for ensuring deliverables comply with all applicable laws, and the Client indemnifies vrtour360.co.uk against costs arising from deliverable use.
7.2 Third-party materials' usage liabilities are the Client's responsibility, and written consent from vrtour360.co.uk is required for using deliverables outside the Quotation scope.
7.3 vrtour360.co.uk reserves the right to use deliverables for promotional purposes unless otherwise stated in the Quotation.
8. Confidentiality
8.1 Confidentiality obligations are outlined as follows:
8.1.1 Both parties agree to keep Confidential Information confidential and not to use it for any purpose other than fulfilling obligations under this agreement.
8.2 Exceptions to confidentiality include information already in possession of the disclosing party, information in the public domain, or disclosure required by applicable law or regulation.
8.4 The Client acknowledges the confidentiality of ideas, materials, and documents related to the Service, and proprietary rights belong to vrtour360.co.uk.
9. Limited Warranty
9.1 vrtour360.co.uk's liability for breaches or tortious acts is limited to the amount paid for the Service.
9.2 vrtour360.co.uk is not liable for any loss or damage, and the Client assumes all risks related to the Service's suitability, quality, and performance.
9.3 No verbal or written information modifies the warranty, and the passing of risk for goods occurs upon delivery to the Client.
9.4 vrtour360.co.uk's liability for damaged goods is determined at its discretion, with options including a return of the Purchase Price or replacement.
9.5 Delivery times are in good faith, and vrtour360.co.uk is not liable for delays beyond its control.
10. Force Majeure
vrtour360.co.uk is not liable for delays or failures in performance due to circumstances beyond its control, allowing the delay or cancellation of product delivery or service performance.
11. Severability
If any term becomes void, invalid, or unenforceable, the remainder of the agreement remains valid and enforceable.
12. Waiver
No failure or delay constitutes a waiver of rights, and no waiver applies to subsequent breaches.
13. Assignment
vrtour360.co.uk can assign or transfer this agreement without Client permission, while the Client cannot assign rights or obligations without vrtour360.co.uk's written consent.
14. Agreement Documentation
Each party relies on representations within the Quotation and expressly stated terms and conditions, and no other representations are binding.
15. Changes to Terms and Conditions
15.1 Changes to Terms and Conditions:
15.1.1 vrtour360.co.uk may change these Terms and Conditions.
15.1.2 Changes will be posted on the website, and the Client is deemed to accept changes if no objections are raised within one calendar month.
15.1.3 The most current version supersedes previous versions.
16. Third-Party Rights
No term is enforceable under the Contracts (Rights of Third Parties) Act 1999 by any person not party to this agreement unless expressly provided.
17. Governing Law and Jurisdiction
This agreement is governed by the laws of England and Wales, with exclusive jurisdiction granted to the courts of England and Wales.
For any inquiries regarding these Terms and Conditions, please contact info@vrtour360.co.uk before submitting your signed Quotation.