The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and any or all Agreements: "Client", “You” and “Your” refers to you, the person accessing this website and accepting the Company’s terms and conditions. "The Company", “Ourselves”, “We” and "Us", refers to our Company (360 Panoramic Virtual Tours, under the trading name of 360 Panoramic Virtual Tours). “Party”, “Parties”, or “Us”, refers to both the Client and ourselves, or either the Client or ourselves. All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner, whether by formal meetings of a fixed duration, or any other means, for the express purpose of meeting the Client’s needs in respect of provision of the Company’s stated services/products, in accordance with and subject to, prevailing English Law. Any use of the above terminology or other words in the singular, plural, capitalisation and/or he/she or they, are taken as interchangeable and therefore as referring to same.
360 Panoramic Virtual Tours Terms and Conditions of Business: 2020
(Last Updated: 6th April 2020)
360 Panoramic Virtual Tours Internal Management System (IMS)
Policy Owner: Operations
Approval date: 6th April 2020
Version no: 1.0
a. These Terms and Conditions together with the 'Details (2)' and contents of your quotation constitute the entire agreement between the parties and supersede any previous arrangements and agreements relating to the same subject matter. These Terms and Conditions prevail over the Client's standard conditions, any conditions customary in the trade and any conditions, which may have previously applied between the parties. For the avoidance of doubt the conditions set out in the Contract are in addition to and, where relevant, supersede the provisions of these Terms.
b. Any waiver, substitution, modification or addition to this Contract must be expressly agreed in writing by 360 Panoramic Virtual Tours.
Written quotations are valid for one month from the date of quotation and may be subject to change following a site visit. All prices are subject to VAT at the prevailing rate.
a. A deposit of 75% of the quoted price is due no later than 14 days before the date of the event. For larger events, 360 Panoramic Virtual Tours reserves the right to charge a non-refundable deposit of up to 75% of the quoted price, payable on acceptance of the quotation and the balance of the deposit of 25% of the quoted price shall be payable no later than 14 days before the event.
b. Unless otherwise agreed in advance in writing, all invoices are due for settlement within 14 days of the date of issue. Please note that unless otherwise agreed in advance in writing, interest is chargeable on invoices not settled within 14 days at the statutory rate set by the government of base rate plus 8% per month or part thereof.
c. In the event of cancellation, payment will be due in accordance with the cancellation charges set out in section 11.
d. All payments to 360 Panoramic Virtual Tours are to be made by BACS, CHAPS or alternative method of bank transfer. Payments by cheques will be accepted upon clearance from one of the 360 Panoramic Virtual Tours Directors.e. The Price is detailed on the Contract and is quoted exclusive of VAT and any other duties or taxes, which may be in force, from time to time.
a. The Client may place an order orally but must confirm the order in writing. 360 Panoramic Virtual Tours accepts no responsibility for any misunderstanding arising through orders or instructions solely placed verbally.
b. Upon the Event being confirmed by the client and 360 Panoramic Virtual Tours agreeing to provide the Goods and or Services, both parties agree to perform their obligations as detailed in these Terms and Conditions.
c. The Client accepts that once the event has been confirmed and accepted, both the 'Details (2)' of these Terms and Conditions and the Good and or Services supplied can only be varied at 360 Panoramic Virtual Tours’s discretion. The Client acknowledges that any variation may lead to an increase in the Price.
5. Confidentiality, Intellectual Property Rights and Design Copyright
a. All Intellectual Property Rights, including performance rights in any displays and photographs, shall vest in 360 Panoramic Virtual Tours except where expressly agreed by the parties. Any copying of designs or ideas will be deemed a Breach of Copyright and a design Price of 25% of the quoted Price will be liable from the Client.
b. Both during and after termination of the contract, both parties agree that they will not disclose any trade secrets or other information (written, verbal or by any other media) of a confidential nature relating to the Client or 360 Panoramic Virtual Tours business. This also applies in respect of which either party owes an obligation of confidence to any third party during or after the termination of the Contract except in the proper course of the execution of the Contract or as required by law without the prior permission of an authorised person from either party. Such information may specifically relate but is not limited to:
• Financial and specific work 'Details (2)' of any client, customer or supplier
• 'Details (2)' of any future policy or business plans
• Confidential reports or research undertaken by or on behalf of the Client or 360 Panoramic Virtual Tours
• Financial reports and management accounts
• Processes and procedures created by or uniquely employed by 360 Panoramic Virtual Tours
• Any 360 Panoramic Virtual Tours Property including intellectual property, Inventions & Copyright & IT data or databases
c. The above list of examples is not exhaustive and other aspects of the business may be considered confidential.
All prices are subject to alteration depending on the final agreed number of guests. Should there be a greater number in attendance at the event, this will be reflected in the final invoice. The contents of venues, equipment, staffing, decoration, security, AV equipment, menus, drinks, printing, photography, videography, transport or any other items or services supplied by 360 Panoramic Virtual Tours are subject to market availability. Any alteration to the prices quoted will be notified to the client.
7. Loss and Damage
The client is wholly responsible for all equipment hired from the time of delivery until collection. The client should in their own interest, ensure that all such equipment is insured. Any breakages, loss or damage, however caused, will be charged to the client at full replacement cost. If 360 Panoramic Virtual Tours are required to use equipment provided by the client, we accept no liability for any breakages that may occur. All equipment, including marquee(s) hired on the client's behalf will be subject to the terms and conditions of the owner.
Any complaint shall be made promptly and in any event must be received at 360 Panoramic Virtual Tours's office in writing not more than 7 days from the date of the event concerned.
9. Force Majeure
If events beyond 360 Panoramic Virtual Tours's reasonable control including, but not limited to, wars, fires, floods, strikes, lockouts, sickness, accidents, unavailability from normal sources or routes of supply or governmental action prevent 360 Panoramic Virtual Tours from performing its obligations on time then 360 Panoramic Virtual Tours shall be relieved from performing its obligations under the Contract by giving the Client prompt written notice.
10. Equipment and Stock Storage
360 Panoramic Virtual Tours charges a minimum of £50.00 delivery / collection fee for any address within central London. There is an additional storage charge of £1 per case or box per day should 360 Panoramic Virtual Tours be asked to facilitate storage on behalf of the client.
Any cancellation of an event by the client must be notified to 360 Panoramic Virtual Tours in writing. In the event of such cancellation the following percentages of the quoted price will be payable by the customer to 360 Panoramic Virtual Tours:
• Within 1 month of the date of the project: (25% of the quoted price)
• Within 2 weeks of the date of the project: (50% of the quoted price)
• Within 1 week of the date of the project: (100% of the quoted price)
Either party may cancel the agreement immediately if:
The other party is in material breach of these Terms and Conditions and, where capable of remedy, has not cured the breach within 30 days of receipt of a notice specifying the breach and requiring it to be remedied; or a liquidator, administrative receiver or administrator is appointed in respect of the whole or a material part of the assets and or undertaking of the other party, or it enters into an arrangement with its creditors, or ceases to trade, or becomes unable to pay its debts or any similar or analogous situation arises.
12. Substituted Goods or Services
a. If 360 Panoramic Virtual Tours is unable to provide the Goods and or Services to the Client for an Event (e.g. certain ingredients listed on a menu are unavailable at market) it may substitute equivalent or similar Goods and or Services upon prior notification to the Client. If no equivalent or similar Goods and or Services are available, the client will be notified.
b. 360 Panoramic Virtual Tours shall be entitled to vary the Price if such substituted Goods and or Services cost 5% more or less than the Price.
13. Numbers of Guests
360 Panoramic Virtual Tours requires a final number of guests 5 working days before an event. Unless otherwise agreed, such final number will be the minimum number invoiced. Numbers may be increased up to 48 hours before an event (subject to the availability of food, staff and equipment), however, 360 Panoramic Virtual Tours reserves the right to charge a 20% supplement to allow for additional labour and transport costs.
360 Panoramic Virtual Tours has both Public Liability Insurance to a value of £10,000,000.00 and Professional Indemnity to a value of £50,000.00
360 Panoramic Virtual Tours charges a 20% management fee on all services sourced, managed and provided for the client. This includes all contract negotiation, method statements, risk assessments, due diligence and onsite event management.
16. Law of Contract
The performance, validity, construction and all aspects of the agreement between 360 Panoramic Virtual Tours and the client shall be governed by English law and the courts of England shall have exclusive jurisdiction in relation thereto.
We are committed to protecting your privacy. Authorized employees within the company on a need to know basis only use any information collected from individual customers. We constantly review our systems and data to ensure the best possible service to our customers. Parliament has created specific offences for unauthorised actions against computer systems and data. We will investigate any such actions with a view to prosecuting and/or taking civil proceedings to recover damages against those responsible.
We are not required to register with the Data Protection Act 1998 as any information concerning the Client and their respective Client Records will not be passed to third parties. Every Client record is regarded as confidential and therefore will not be divulged to any third party unless legally required to do so to the appropriate authorities. Clients have the right to request sight of, and copies of any and all Client Records we keep, on the proviso that we are given reasonable notice of such a request. Clients are requested to retain copies of any literature issued in relation to the provision of our services. Where appropriate, we shall issue Client’s with appropriate written information, handouts or copies of records as part of an agreed contract, for the benefit of both parties.
We will not sell, share, or rent your personal information to any third party or use your e-mail address for unsolicited mail. Any emails sent by this Company will only be in connection with the provision of agreed services and products.
EXCLUSIONS AND LIMITATIONS
The information on this web site is provided on an "as is" basis. To the fullest extent permitted by law, this Company: • excludes all representations and warranties relating to this website and its contents or which is or may be provided by any affiliates or any other third party, including in relation to any inaccuracies or omissions in this website and/or the Company’s literature; and • excludes all liability for damages arising out of or in connection with your use of this website. This includes, without limitation, direct loss, loss of business or profits (whether or not the loss of such profits was foreseeable, arose in the normal course of things or you have advised this Company of the possibility of such potential loss), damage caused to your computer, computer software, systems and programs and the data thereon or any other direct or indirect, consequential and incidental damages. This Company does not however exclude liability for death or personal injury caused by its negligence. The above exclusions and limitations apply only to the extent permitted by law. None of your statutory rights as a consumer are affected.
We use IP addresses to analyse trends, administer the site, track user’s movement, and gather broad demographic information for aggregate use. IP addresses are not linked to personally identifiable information. Additionally, for systems administration, detecting usage patterns and troubleshooting purposes, our web servers automatically log standard access information including browser type, access times/open mail, URL requested, and referral URL. This information is not shared with third parties and is used only within this Company on a need-to-know basis. Any individually identifiable information related to this data will never be used in any way different to that stated above without your explicit permission.
LINKS TO THIS WEBSITE
You may not create a link to any page of this website without our prior written consent. If you do create a link to a page of this website you do so at your own risk and the exclusions and limitations set out above will apply to your use of this website by linking to it.
LINKS FROM THIS WEBSITE
We do not monitor or review the content of other party’s websites which are linked to from this website. Opinions expressed or material appearing on such websites are not necessarily shared or endorsed by us and should not be regarded as the publisher of such opinions or material. Please be aware that we are not responsible for the privacy practices, or content, of these sites. We encourage our users to be aware when they leave our site & to read the privacy statements of these sites. You should evaluate the security and trustworthiness of any other site connected to this site or accessed through this site yourself, before disclosing any personal information to them. This Company will not accept any responsibility for any loss or damage in whatever manner, howsoever caused, resulting from your disclosure to third parties of personal information.
Copyright and other relevant intellectual property rights exists on all text relating to the Company’s services and the full content of this website. This Company’s logo is a registered trademark of this Company in the United Kingdom and other countries. The brand names and specific services of this Company featured on this web site are trade marked.
We have several different e-mail addresses for different queries. These, & other contact information, can be found on our Contact Us link on our website or via Company literature or via the Company’s stated telephone, facsimile or mobile telephone numbers. This company is registered in England and Wales, Number 8976990 registered office 19 St James’s Drive, Wandsworth Common, London, SW17 7RN.
Neither party shall be liable to the other for any failure to perform any obligation under any Agreement which is due to an event beyond the control of such party including but not limited to any Act of God, terrorism, war, Political insurgence, insurrection, riot, civil unrest, act of civil or military authority, uprising, earthquake, flood or any other natural or man made eventuality outside of our control, which causes the termination of an agreement or contract entered into, nor which could have been reasonably foreseen. Any Party affected by such event shall forthwith inform the other Party of the same and shall use all reasonable endeavours to comply with the terms and conditions of any Agreement contained herein.
Failure of either Party to insist upon strict performance of any provision of this or any Agreement or the failure of either Party to exercise any right or remedy to which it, he or they are entitled hereunder shall not constitute a waiver thereof and shall not cause a diminution of the obligations under this or any Agreement. No waiver of any of the provisions of this or any Agreement shall be effective unless it is expressly stated to be such and signed by both Parties.
The laws of England and Wales govern these terms and conditions. By accessing this website or using our services you consent to these terms and conditions and to the exclusive jurisdiction of the English courts in all disputes arising out of such access. If any of these terms are deemed invalid or unenforceable for any reason (including, but not limited to the exclusions and limitations set out above), then the invalid or unenforceable provision will be severed from these terms and the remaining terms will continue to apply. Failure of the Company to enforce any of the provisions set out in these Terms and Conditions and any Agreement, or failure to exercise any option to terminate, shall not be construed as waiver of such provisions and shall not affect the validity of these Terms and Conditions or of any Agreement or any part thereof, or the right thereafter to enforce each and every provision. These Terms and Conditions shall not be amended, modified, varied or supplemented except in writing and signed by duly authorised representatives of the Company.
NOTIFICATION OF CHANGES