Terms And Conditions Of Business
Upon accepting a quote, you hereby acknowledge and consent to abide by the terms and conditions outlined by Manuel Pearce Photography. Acceptance may occur through signing a quotation and/or submitting the deposit. Any amendments to this agreement must be made in written form, with mutual consent from all involved parties, and duly signed or confirmed via email acknowledgment by both parties.
Pricing:
All quotes are valid for 14 days. Prices quoted by Manuel Pearce Photography are subject to change at any time. All prices quoted are in British pounds.
Acceptance:
The Customer is deemed to have accepted the services delivered when all delivery criteria have been completed by following the definitions in the section titled ‘Delivery and Completion Of Services’. Payment of invoice also deems acceptance of these Terms and Conditions.
Payment Terms & Method:
Virtual tour projects will require a non-refundable deposit of 25% of your tour price (plus any travel fees) to be paid upon accepting our quotation and before your shoot date. We will provide an invoice. Balance payment is due upon completion during the tour review stage. Manuel Pearce Photography reserves the right should it choose to charge daily interest on any amount outstanding or overdue after the standard payment terms of 7 days. Payments can be made via Electronic Funds Transfer (EFT).
Commencement of Works:
Commencement of work will only take place once the Customer has accepted the full project specifications and returned a signed copy of the quotation along with the deposit payment. Manuel Pearce Photography retains the discretion to decline any order. Amendments or additions to project specifications may be proposed before the Customer's acceptance of the ordered services. However, the Customer may be charged for any work conducted until the receipt of revised or new project specifications. Additionally, charges may apply for any additional work requested due to new project specifications.
Customer Responsibilities:
The Customer is responsible for:
· Supplying information and any relevant details to aid in the preparation of the photo shoot and, as requested to complete your project.
· Arranging access to the location at which the services are to be rendered. This includes the provision of parking to avoid Manuel Pearce Photography passing on the cost of parking. The client is to be present at the time of the shoot to ensure the rooms / areas are unlocked and accessible. Manuel Pearce Photography cannot take responsibility for any client keys and / or unlocking / locking up of client premises.
· Notifying Manuel Pearce Photography of any changes in a timely manner, prior to any deadlines. Manuel Pearce Photography shall not be held liable for any changes made after deadlines.
· Obtaining consent from any persons who will be photographed. This includes any actors, staff and / or visitors present.
· Paying Manuel Pearce Photography, the service fee as per the above payment terms.
Travel Costs:
If services are required to be rendered outside a 20-mile area of postcode BS16 7DE, the customer will be charged for all travel and accommodation expenses incurred by Manuel Pearce Photography. Travel costs may include airfares, hotel accommodation, car hire, fuel for a hire car, mileage to / from location (£0.40 pence per mile), taxis to airports or shoot locations if required.
Waiting Time and Surcharges:
Manuel Pearce Photography will advise the Customer of the amount of time required to be onsite to complete the photo shoot. Should the time be extended / delayed due to the Customer’s actions, Manuel Pearce Photography reserves the right to charge a waiting fee £40 per hour, per person, charges in 15-minute increments. Should the Customer require our photographic team to return on another date / time, they accept a minimum charge of £40 per hour, per person (min 3-hour charge) and any related travel expenses (if applicable). Please note that all surcharges apply for any work conducted on Sunday’s, Public / Bank Holidays.
Equipment Damage:
Any equipment owned by Manuel Pearce Photography that is damaged during the execution of a customer project, through no fault of Manuel Pearce Photography, will be the Customer’s responsibility. Any “high risk” work will require the Customer to sign a disclaimer to take responsibility for any damages to Manuel Pearce Photography equipment.
Reviews and Changes:
Manuel Pearce Photography will provide a draft version of the 360 virtual tour for the Customer to review and provide feedback on any changes for a maximum period of 5 working days. After this time, the tour will be deemed completed by Manuel Pearce Photography and tour files or access to the portal will be sent to the Customer. Should changes be requested after this time, there may be an administrative fee. If the Customer makes changes to the original project brief, Manuel Pearce Photography reserves the right to re-quote the project accordingly.
Tour Editing:
As part of the custom 360 virtual tour packaged fee, some editing allowances are included. This is limited to the blurring of faces and number plates, colour correction, image stitching and nadir patch. Should the Customer not wish to have faces blurred, they must obtain consent from the persons being photographed. Any additional requested editing, ie. Removing / adding elements to the photos, are based on a per project basis and can be quoted by Manuel Pearce Photography unless specified in the client quotation. Editing of Google StreetView images will be in line with the requirement of Google, which is outside of our control. This includes blurring of faces, and number plates (for privacy).
Delivery and Completion of Services (inc Delays):
Manuel Pearce Photography will make every effort to deliver services ordered within the time frame specified to the Customer upon order confirmation. Our turnaround time is based on the time taken to edit the images and build your tour / project. Should the turnaround time be outside our standard average, we will ensure that the Customer is fully aware. We commit to keeping Customers informed of any delivery delays arising from circumstances beyond our control. In no event will Manuel Pearce Photography be held responsible for losses incurred to the Customer for delivery delays caused by circumstances outside our control. The standard turnaround time for virtual tour projects can vary pending on the scope and scale of the project. This can vary from 10 to 20 working days.
If Manuel Pearce Photography is undertaking a 360 tour project involving taking pictures outside, this is all weather dependent. We are unable to shoot if it’s raining or windy. If deemed unable to shoot due to the weather, we will make arrangements with the Customer to reschedule and / or return for a re-shoot. If the photography team is already on route to the site, Manuel Pearce Photography reserves the right to charge £40 per hour per staff member (min 3-hour charge) and any related travel expenses (if applicable).
A photographic custom 360 virtual tour is deemed completed by Manuel Pearce Photography when all files which constitute a virtual tour have been either electronically received by the Customer or any Third Party nominated to receive the files upon payment of the balance invoice. Once the tour is delivered to the Customer, we are not responsible for the tour should the Customer edit and code or files. If Manuel Pearce Photography is hosting the virtual tour, delivery of services is deemed completed when the files have been uploaded to our web service provider and a URL link has been provided to the Customer.
A 360 video is deemed to be delivered when all video files have been delivered electronically or the Customer or any Third Party has physically received a hard drive/ flash drive nominated to receive the files upon payment of the balance invoice. A 360 video is also deemed to be delivered when a copy of the video tour has been uploaded to a 3rd party like YouTube and a URL link supplied to the Customer.
Should the Customer delay in the provision of information . assets to complete the tour or become non-responsive at any time, Manuel Pearce Photography reserves the right to bill for all completed works to date.
Hosting and Support:
Manuel Pearce Photography must host the virtual tour on the Customer’s behalf for a minimum of 12 months using hosting services provided by Realsee (360 camera manufacturer). Hosting with Manuel Pearce Photography will also include ongoing support of your tour and allow for a maximum of 1 minor change per month. Custom hosting will be required for larger-scale projects and large businesses due to larger tour sizes and where higher traffic is anticipated. Please contact us with your needs for a quotation.
Cancellations and Refunds:
Should the Customer cancel an order after order confirmation, the Customer will be charged for all work undertaken up until the time notice of cancellation is received by Manuel Pearce Photography, including any travel costs already booked and paid for by us if services are to be rendered outside the area.
Manuel Pearce Photography does not provide any refunds on the services it produces or refunds for change of mind by the Customer. Any job cancellation must be made in writing to info@manuelpearce.photography and confirmed by us.
Abandonment of Project:
If, after repeated attempts to begin, continue, or finalise the delivery of the project, the Customer fails to participate or becomes otherwise unresponsive to Company requests for a period of (2) month’s, the project may be considered abandoned. The Company may reduce any refund the Customer may otherwise be entitled to zero, and the Customer will have forfeited all rights to receive any refund for services. Any outstanding amounts due will be invoiced to the Customer for payment.
Copyright:
On Customer acceptance of a Custom 360 Virtual Tour rendered by Manuel Pearce Photography, the Customer is granted a single-use licence with the following terms:
· The Customer is licenced to use the virtual tour on, and only on, it’s own designated website(s). The Customer has no copyright, authorship, or ownership rights to the panoramic virtual tour imagery or any other virtual tour project files (or raw footage) unless otherwise agreed to by Manuel Pearce Photography.
· Additional copies or usage of a virtual tour beyond those specified above may be permitted subject to written terms agreed to by both Manuel Pearce Photography and the Customer, plus payment of additional agreed licence fees to Manuel Pearce Photography.
· Due to the technique employed to produce virtual tours, a small section of the panoramic image (the ‘base’) of the panorama may be filled with either Manuel Pearce Photography’s or the Customer’s logo.
Permissions:
Manuel Pearce Photography reserves the right to use any finished images, tours and / or video files produced for promotional reasons in the media, on our social media channels, in printed publications, on the World Wide Web, or on its own websites without prior permission from the Customer. Manuel Pearce Photography reserves the right, should it choose, to place its own logo within the media for marketing and promotional reasons. The Customer may use the finished product in any manner providing the intended use is not inappropriate, offensive, or insulting to Manuel Pearce Photography or any persons.
Force Majeure:
Manuel Pearce Photography is not liable for failure to perform if such failure is a result of Acts of God (including fire, flood, earthquake, storm, hurricane or other natural disasters), war, invasion, an act of foreign enemies, hostilities (regardless of whether war is declared), civil war, rebellion revolution, insurrection, military or usurped power or confiscation, terrorist activities, nationalisation, government sanction, pandemic, blockage, embargo, labour dispute, strike, lockout or interruption or failure of electricity or telephone service.
Limitation of Liability:
The Customer agrees to defend, indemnify, assume liability for and hold Manuel Pearce Photography harmless from any and all claims, demands, damages, suspensions, losses, suits, proceedings, penalties, expenses or other liabilities, including attorney fees and court costs, arising out of or resulting from the performance of this contract, regardless of the basis. In addition, Manuel Pearce Photography will not be held liable for interruption of business, access delays or access interruptions to the website(s) provided through or by the services, loss or liability resulting from acts of god, data non-delivery, mis-delivery, corruption, destruction or other modification and events beyond our control.
Warranty:
To the extent permitted by law, the services, software, final product, and all support provided under this agreement are provided on an “as is” basis. We do not make any representations nor warranties of any kind whatsoever, express or implied, in connection with this agreement or the services, including but not limited to warranties of merchantability or fitness for a particular purpose. The Customer understands and agrees that any material and/or data downloaded or otherwise obtained through the use of the service is done at your discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of such material and/or data. Whether oral or written, no advice or information obtained by you from us shall create any warranty not expressly made herein.
Last Updated: April 2024