Terms and Conditions

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 Last updated: September 2021.

Viewing Terms and Conditions (360 Virtual Tours)

Rights and Responsibilities

1. Agreement: By viewing a Virtual Tour hosted with ARAG Agency, the user accepts these terms of service as binding. Any opposing conditions are not accepted and thus ineffective.

2. Responsibility: The user is solely responsible for all transferred contents and for their own demeanour to ARAG Agency. The user agrees to not violate laws and regulations within the boundaries of ARAG Agency. In case of any violation of the codes of law, ethical principles, these terms of service, or for other important reasons, we reserve the right to instantly prevent a user accessing ARAG Agency and delete all contents from the ARAG Agency servers as we see fit.

3. Obligations: The user agrees to a) not transfer copyrighted material or contents that would infringe the rights of other parties in any other way to the ARAG Agency website or other ARAG Agency platforms, to b) not insult, libel, harass or harm other users in any way, to c) not use the ARAG Agency for contents that are pornographic, national socialist, racist or harmful to children or that constitute a glorification of violence.

4. Inspection: ARAG Agency reserves the right - but does not incur any liability – to inspect, edit, delete or block contents that violate user obligations or the letter of the law. This also applies if a violation is suspected. There is no obligation for ARAG Agency to publish images and contents on the ARAG Agency website or other ARAG Agency platforms.

5. Copyright: By transferring any content onto the server, the user guarantees that they are entitled to provide this content for publication within the ARAG Agency website and other ARAG Agency platforms without any claims for compensation by ARAG Agency or other parties.

6. Indemnity clause: The user exempts ARAG Agency from all claims other parties may assert due to a violation of their rights, especially their copyrights, licensing rights, competition regulations or any other property rights by the content provided by the user. The user is obliged to reimburse all costs incurred in legal action effected by the violation of rights. The user agrees to support ARAG Agency by all means possible in meeting all third party claims based on his contents, especially by providing all documents necessary for legal defence.

7. Subject to consent: The website ARAG Agency, servers and its contents are protected by copyright and other property rights. Use of these contents is subject to existing copyright laws and property regulations. Any use of these contents, including the use of extracts, is subject to prior consent of the rights owners. It is not allowed to copy any contents by saving them locally or printing them.

8. Privacy: ARAG Agency guarantees compliance with privacy and data protection regulations. All users’ related data is only processed and stored as necessary to perform client contracts. All activities on the ARAG Agency website and other ARAG Agency platforms apart from where sensitive data is transferred in objects including but not limited to secure web chats, secure contract forms and secure private video conferencing are recorded along with the respective IP address. Find more detailed information in our Privacy Policy.

Liabilities and Limitations

1. System failures: In principle, ARAG Agency strives to maintain service for 24 hours a day, seven days a week and twelve months a year. This excludes all periods of unforeseeable peaks in traffic that result in server malfunction, as well as any failures caused by illegal invasion (i.e. hacking attacks) that could not have been prevented by technically and economically reasonable measures. Scheduled offline periods are necessary to maintain and update the servers. These will be announced in advance and do not constitute a breach of ARAG Agency’s contractual obligations. ARAG Agency cannot guarantee the availability of their internet services at all times. If labour disputes, acts of God, war, riots or other circumstances beyond the control of ARAG Agency prevent ARAG Agency from fulfilling their contractual obligations, ARAG Agency shall face no legal consequences.

2. Exemption from liability: ARAG Agency is not liable for contracts formed between its users. The user also exempts ARAG Agency from all claims other users or other parties may assert due to his or her usage ARAG Agency. If the rights of other users or other parties are violated by the contents provided or by other usage – such as message board activity, messaging or other - the user is obliged to reimburse all costs incurred in legal defence, including legal fees and costs. This does not apply if the user is demonstrably not responsible for the rights violation.

3. Limitation of liability: Towards business partners, and unless essential contractual obligations are violated, ARAG Agency is only liable for damage if and in so far as ARAG Agency, its legal representatives or its executive employees can be charged with deliberate intention or gross negligence. For all other servants and assignees, ARAG Agency only takes responsibility in the case of deliberate intention and insofar as essential contractual obligations are violated intentionally or by gross negligence. ARAG Agency is not liable for consequential loss, especially not for missed profits, unless their legal representatives, executive employees or servants and assignees can be charged with deliberate intention and gross negligence. Unless deliberate intention and gross negligence can be observed, ARAG Agency‘s liabilities only cover damages typically predictable at the time of contract formation.

Towards consumers, ARAG Agency is generally only liable for damages caused by an intentional and negligent violation of obligations. This limitation of liability includes all legal representatives and all servants and assignees of ARAG Agency. If essential contractual obligations are violated, ARAG Agency can be held responsible for any negligence on the part of its legal representatives and servants and assignees. Unless deliberate intention and gross negligence can be observed, this liability only covers damages typically predictable at the time of contract formation.

The aforementioned limitations of liability do not apply if ARAG Agency accepts explicit guarantees. Neither do they apply for damages from the loss of life, injury and health damage, nor where mandatory legal regulations apply.

Final Provisions

If the user is a merchant in terms of the code of commerce, a special fund under public law or a legal person under public law, the exclusive court of jurisdictions for all disputes based on the user contract and these terms of service is determined by the location of the registered office of ARAG Agency. ARAG Agency reserves the right to modify the terms of usage and general conditions without giving reasons. All changes will be announced in time on the website aragagency.com and other ARAG Agency platforms and the user will be asked for their compliance. If the user does not object, the modifications take effect. If the user objects, the account will be terminated. If one or more than one of these regulations should become ineffective, the other regulations will remain effective in spite of this. The contractual partners will replace the ineffective terms with a regulation which matches their intentions best. The same applies to any possible omissions in these terms of use.

Virtual Reality Tours Terms and Conditions 

ARAG Agency is a trading name of ARAG Agency Ltd, a company registered in England and Wales. Registered number: 12405276. Registered office; 142-144 Stratford Road, Sparkbrook, Birmingham, B11 1AG. 

Agreement

If the Client utilises any of the services of ARAG Agency, they are bound to the Terms and Conditions as outlined herein. It is the responsibility of the Client to assume that a Terms and Conditions exists, and that it should be read and understood prior to utilising ARAG Agency’s services.

Copyright

ARAG Agency retains all rights to delivered material including but not limited to 360 virtual tours, 360 photos and video supplied to the Client. All delivered material produced for the Client is licensed, not sold, and may be used by the Client for all marketing purposes associated with space in accordance with the current UK copyright law, “Copyright, designs and patents act 1988”.

Delivered material including, 360 virtual tours, 360 photos and video.

Marketing

Unless otherwise agreed upon prior to the commencement of work, the client accepts full responsibility to ensure that ARAG Agency is credited for all delivered materials wherever they are shared and published including but not limited to newspapers, journals, online articles and blogs, videos, radio and television.

Additional Usage

Subsequent usage of any deliverable ARAG Agency supplies, such as transferring the deliverable to another agent, trade, or service, requires a separate licensing agreement and an additional fee to be agreed upon.

ARAG Agency may use photos or video for its own promotional material at any time, unless otherwise agreed upon.

Public Content

Unless otherwise specified, all content including multimedia annotation content will be publicly accessible on all ARAG Agency channels. If the client requires the content to be unlisted / private, please make this request before the commencement of work. A fee may be charged for this service. 

Estimates

Any fees quoted by ARAG Agency are for the original job description as presented by the Client. Any subsequent changes, whether made orally or in writing, may result in additional charges. Estimates are made in good faith of the time and expenses the Company anticipates and any errors and omissions made may be charged at our discretion.

Payment

Unless otherwise agreed upon, the Client shall make full payment after the production, and upon receipt of the invoice. Grant of deliverable is conditioned upon receipt of payment in full. Payment may be made by bank transfer. For new customers, we require a 50% deposit before work commences.

If payment terms are not negotiated, a £50 late processing fee will be charged for invoices not paid within 14 days. 

Scheduling

Please contact us via telephone at +447746170752 or email at aragagency@gmail.com to schedule your appointment. We will do our best to accommodate last-minute appointments but please try to give at least a few days’ notice. Schedule Now!

Cancellation / Rescheduling

If cancellation or rescheduling is necessary for any production appointment, a minimum 48 hour notice must be provided; otherwise a £100 minimum charge will apply.

On site cancellations will incur the full cost of the appointment booked.

Area Preparation

It is essential that the area is prepared for the virtual tour photography, and/or filming appointment and ready upon the arrival of the ARAG Agency photographer.

The best rule of thumb to keep in mind in preparation for a 360 virtual tour/video shoot is that the camera can see anything and everything that a person walking around can see. Due to this immersive quality of a virtual tour, the client should be very careful to make sure the entire captured area is well presented.

If the area is not ready to be photographed when the ARAG Agency photographer arrives, the photographer may choose to wait until the area is ready, or come back at a different time/day. Waiting, if applicable, is charged at £25 per hour or portion thereof and added to the invoice. If the photographer must come back to capture or complete a scheduled scan, a minimum charge of £100 will apply.

Onsite Services

Onsite services such as virtual tour photography and 360 videography can take anywhere between an hour to a full working day to complete (and more), depending on the size and complexity of the space and service chosen.

Please try to minimise the amount of people in the space during the appointment. Please do not book other appointments during the production session. Delays incurred on-site falling outside the scope of work required by any member of the ARAG Agency team will be billed to the Client at £25 per hour.

Visual Representation 

Whilst your ARAG Agency photographer will do their best to ensure your space is visually represented faithfully, we cannot guarantee correct representation of the visuals within the space, this includes image technicalities such as colour and brightness and shape reproduction. The company does not accept any liability for any losses that may have been incurred as a result of incorrect visual representation.

Delivery / Archival

360 images and panoramic virtual tours (including Google Street/Business View) are typically available within 5 working days after the shoot. The images are edited and optimised for quality before delivery to our Clients. Images may be delivered via email (ZIP file, Google Drive or Dropbox) per special request.

360 Virtual Tours are hosted on ARAG Agency website or partnered servers, and are licensed to the Client for 1 year starting on the delivery date unless otherwise agreed upon. This licence can be renewed annually at a cost of £50 at the discretion of ARAG Agency. (See ‘Hosting’ in ‘Extra Add Ons’ section).

Google Street View/Business View virtual tours are hosted on the Client’s Google My Business page. The Client has the option to upload and arrange the 360 panoramic photos themselves (upon online delivery from ARAG Agency), or hire ARAG Agency to upload and transfer the virtual tour to the Client at an additional fee to be agreed upon during pre-production.

Additional Fees

Travel - If a travel fee applies to your space, it will be discussed prior to the appointment date, and included in your estimate.

Hosting Licence - A £35 per month hosting license fee applies to each Virtual Space created. We will send a renewal reminder out 30 days prior to the renewal date. If the client confirms to renew, an invoice will be generated.

Client Representation

The Client is responsible to be present at the beginning of the shoot to approve the ARAG Agency photographer’s interpretation of the assignment. If the Client is not present, the photographer’s interpretation shall be deemed acceptable.

Indemnification

The Client hereby indemnifies and holds the Company harmless against any and all liabilities, claims, and expenses, including legal fees, arising from the Client’s use of the Company's work.