GENERAL TERMS & CONDITIONS
V1.6 SEPT 2023

Definitions:
• “In360” is a company registered in England and Wales, registered number 12629873. Registered office is Cranmere House, Middleton Road, Camberley, GU15 3TT and includes within this contract, any of the partners, agent, employee or sub-contractor working on behalf of in360.
• “Client” – any person or firm or company dealing with in360 or any servant or employee of such a person, firm or company.
• “LVX” -Living Vista Experience™ product and service provided by in360.
• “Hosting”- Data storage and internet delivery of the Living Vista Experience™.
• “Hosting Period” – The duration of the provided Hosting service with the start date being taken as the first day of internet availability of the Living Vista Experience™.
• “LVX Design Specification” – Document describing the agreed format, functionality and data content included within the Living Vista Experience™.

This Agreement is between in360, the provider of the LVX service, and you, “the client” and in working with in360, you agree to the following terms and conditions:

1. 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 contractual agreement between in360 and the Client.

2. The Proposal and Contract between in360 and the Client will not be disclosed or made available to any third party, except as specifically authorised by in360 in writing.

3. Upon signed contract, in360 will reserve the time and date agreed upon for the shoot or shoots depending on the agreed proposal.

4. The Client shall pay 35% of the total contract cost at the time of proposal acceptance. The balance of the charges will be invoiced and be payable within 14 days of the final agreed version of the LivX being made available to the client to go live. In the event of the Client failing to provide the agreed Client-supplied data content within 2 months of the LVX production filming being completed, thereby resulting in in360 being unable to complete the design of the LVX according to the agreed LVX Design Specification, the balance of the remaining charges will be invoiced and be payable within 14 days.

5. Hosting and Maintenance packages are billed either monthly by Direct Debit or annually in advance with payment due within 14 days of being invoiced.

6. In the event of cancellation by the Client, where costs have already been incurred by in360, the Client will be liable to pay these costs (for example travel, time, accommodation, other expenses) within 14 days of being invoiced. The contract specifies the work that has been agreed to meet the client requirements as defined in the LivX Design Specification. If this is subsequently changed or added to by the client, this will be regarded as a change request and additional charges may be applied. On payment of the final 65% fee, the Client owns the rights of use to the Living Vista Experience™ provided by in360. No amends or changes can be made by any other third party without prior written consent from in360. Unless otherwise agreed upon prior to the commencement of work, the Client accepts full responsibility to ensure that in360 is credited for all delivered materials wherever they are shared and published physically or digitally.

7. It is essential that the designated LVX areas are prepared for the LivX shoot and should be ready and easily accessible upon the arrival of the in360 representative. Due to the very high image quality of the LVX, the client should be careful to make sure the entire area to captured is well presented. If the area is not ready when the in360 representative is ready to shoot, they may choose to wait until the area is ready or come back at a different time/day. Waiting, if applicable, will incur an additional charge at £100 per hour pro-rata and will be added to the invoice. If the in360 representative must come back to capture or complete the job, additional hourly / daily charges will apply.

8. Except for breaches of confidentiality, neither party will be liable for lost revenues or indirect, special, incidental, consequential, exemplary or punitive damages.

9. in360 takes no responsibility for copyright or privacy issues at the shoot venue and it is assumed the Client has all necessary permissions for photography and videography to be conducted in all areas requested and with any persons involved. In360 will not be liable for any costs incurred if any persons are in the LVX experience without authorisation.

10. The Client is responsible to be present at the beginning of the shoot to approve the in360 representative’s interpretation of the assignment. If the Client is not present, the photographer’s interpretation shall be deemed acceptable and the project will commence.

11. The Client hereby indemnifies and holds in360 and employees harmless against any and all liabilities, claims, and expenses, including legal fees, arising from the Client’s use of in360’s work. The Client will ensure the working conditions have been checked and are fully liable in the event of any harm or abuse the in360 representative receives.

12. The LVX is offered as a commercial solution “as is”. There is no way of knowing how web technology will develop in the future and how that may impact the functionality of the LVX. We will strive to work with you should such situations arise, but these changes are beyond our control at the time of delivery. In no event will in360 be liable for loss of data, costs of procurement of substitute goods or services or any special, consequential or incidental damages, under any cause of action. In any event, in360 will have no liability arising out of this agreement.

13. in360 retains the indefinite right to use any images taken from the shoot or that are publicly available, for example, on the Client’s website or on other third-party public spaces, for the benefit of promotion of in360 services and the LVX product.

14. Hosting and Maintenance: in360 offers several options for the hosting and maintenance of the Living Vista Experience™. These options are detailed within the Hosting & Maintenance Service Agreement document. When in360 is contracted to provide Hosting services, whilst in360 will endeavour to ensure the continuous internet availability of the client’s in360 hosted Living Vista Experience™, in360 will not be liable for any loss of income or damages the client may suffer due to the unavailability of the Living Vista Experience™.

15. Maintenance response: In360 will endeavour to respond with a schedule and quotation to requests for LVX modifications within 2 working days of receipt of instructions and commence the work within 2 working days of client sign-off of the provided schedule. For reported errors or ‘bugs’ in LVX operation, in360 will respond within 48 hours and endeavour to provide a solution within this timeframe.

16. Termination of Hosting & Maintenance: Client may terminate the hosting and maintenance contract at any time during the contract period with 30 days notice and within 30 days of request, in360 will provide all source files and data enabling the Living Vista Experience™ to be hosted elsewhere by another web hosting service provider. Cancellation of hosting with in360 will terminate the provision of the “yourbusiness”.in360.co unique URL. Annual in advance payments are non-refundable. In360 may terminate the hosting and maintenance contract at any time, providing a minimum of 60 days notice to the client. Upon notice of termination, In360 will provide all source files and data enabling the Living Vista Experience™ to be hosted elsewhere by an alternative web hosting service provider. Any outstanding annual advance payments will be refunded on a pro-rata basis, rounding up to the nearest whole month.

17. Renewal of Hosting and Maintenance: Hosting and Maintenance Contracts will automatically renew unless the client requests otherwise. Clients will be provided with a reminder 30 days before the contract renews.

18. This Agreement incorporates the entire understanding of the parties relating to its subject and supersedes any prior or contemporaneous agreements on that subject.

19. Any modification of this Agreement must be (a) pre-approved by in360 in writing, and (b) reflected in a written agreement that is signed by both in360 and the Client.

20. Applicable law: These Conditions shall be read and construed in accordance with the Laws of England, Scotland, Wales and Northern Ireland.