GENERAL TERMS AND CONDITIONS FOR 360° SHOOTINGS
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1 – Provider
(1) The supplier and contractual partner of the respective customer is mediaglobe GmbH, Essener Str. 8, 10555 Berlin, +49 (30)27 00 49 90, info@nexpics.com, in the following “provider”.
(2) These General Terms and Conditions become an integral part of any agreement between the Provider and its customers. General terms and conditions of customers are not applicable. The provider expressly disagrees with this inclusion, so far as the inclusion is not agreed individually in text form.
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2 – Offers, Conclusion of Contract, Deadlines
(1) Information on a website of the provider, in e-mails, in flyers, brochures or other advertising material, which are not directed to a certain recipient, do not represent offers, but are merely requests for the submission of an offer on the part of the customer.
(2) The provider is bound to individual offers, which the supplier addresses to a certain customer, 30 days from the creation date of the offer if the offer does not specify a deviating binding period.
(3) Completion deadlines are non-binding unless expressly guaranteed by the supplier as binding deadlines.
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3 – Creation of 360° Panorama Tours
(1) The provider creates a 360° digital photographic 360° panorama tour (hereinafter referred to as “Tour”) from the customer’s business premises, which shall be made available on the Internet. Through such a tour, interested parties can get a photorealistic impression of the business premises via the Internet.
(2) For the preparation of the tour, the parties agree upon a date on which a photographer takes up the business premises of the customer. It is the customer’s responsibility to keep all areas to be included accessible at the agreed time.
(3) It is incumbent upon the customer to ensure,
(a) that only those employees or other persons in the area to be admitted who have consented to their admission with knowledge of the intended purpose are present at the time of the appointment, and
(b) that there are no objects in the recording area whose reproduction in the intended form on the Internet would be prohibited under copyright, trademark or proprietary rights.
(4) The created tours are transmitted by the provider to the service “Google Street View | Trusted”, which makes them publicly accessible on its website. The terms and conditions of Google Street View apply additionally (see www.google.de/intl/de/policies).
(5) The service of the provider is ready for acceptance as soon as the tour with the agreed content has been made publicly accessible via “Google Street View | Trusted”. The provider does not guarantee that Google will keep its service “Google Street View | Trusted” available indefinitely; the provider has no influence on this.
(6) The provider owns the copyright to the 360° tours and images of the business premises from the respective contractual partners who commission the production and provision of the same. The provider grants the contractual partner the rights to use said tours and images without any restriction as to time or space. This applies in particular, but not limited to, the use of the image material for integration into the company website, Google Business Listing, Facebook, the company profile on kununu GmbH, as well as in the Meeting Guide of the visitBerlin Convention Office of Berlin Tourismus & Kongress GmbH.
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4 – Hosting of Tours and Tour Elements
(1) The provision of tour elements (e. g. navigation menus) as well as, if desired, the provision of image material represent a hosting service on the part of the provider.
(2) The provider will make commercially reasonable efforts to achieve a monthly system availability of at least 99% for hosting during a monthly billing period.
(3) Changes within the tour
- A change is an intervention in the tour. This intervention is compensated with a standard hourly rate in accordance with the price list. A change can be, for example, a change to a label in the navigation or the order of the navigation points.
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5 – Acceptance
(1) If an order is ready for acceptance, the supplier shall inform the customer by e-mail of the Internet address (URL) at which the tour is retrievable.
(2) Acceptance shall be deemed to have been granted if the customer does not object to acceptance in text form within 10 calendar days of receipt of the notification. The customer will be informed of this legal consequence by sending the notification.
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6 – Charges, Invoicing
(1) The fees agreed in the order as well as the current price list of the provider at the time of conclusion of the contract shall apply. All prices are quoted net plus VAT.
(2) Payment is due immediately upon confirmation of a shooting date and will be invoiced.
(3) The payment period shall be one week from receipt of the invoice.
(4) The contractor reserves all rights to his services until full payment of the due fees.
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7 – Cancellation of Orders, Changes of Appointments
(1) The provider grants the customer a contractual right of withdrawal under the following conditions.
(2) Up to the end of the 42nd day before the agreed photo appointment, the customer can withdraw from the order free of charge or arrange another photo appointment.
(3) In the event of a cancellation, which is declared less than 42 days but more than 14 days before the photo date, 80% of the order fee is due for payment. If the contractor is able to execute a different order for the cancelled photo appointment, the fee to be paid by the customer is reduced by the turnover from the other order.
(4) In the case of a cancellation, which is declared less than 14 days before the photo date, 100% of the order fee is due for payment. If the contractor is able to execute a different order for the cancelled photo appointment, the fee to be paid by the customer is reduced by the turnover from the other order.
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8 – 360° Shooting
(1) A 360° shooting should be completed within one appointment, on one day, during a certain time period. The photographer’s hours depend on the size of the chosen package. Should a 360° shooting take place over several days, additional travel costs as well as the photographer’s working hours of 80,00 EUR for each additional hour shall be charged.
The following number of hours is already included in the packages: 1,5 hour for package XS, 2,5 hours for package S, 4 hours for package M, 6 hours for package L, and 8 hours for package XL.
(2) A package is only valid for one location. If more than one location is to be shot, the corresponding number of packages should be booked.
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9 – Final Provisions
(1) The parties agree that the place of performance for all contractual services as well as the exclusive place of jurisdiction for all disputes arising from this contract shall be the district of the Amtsgericht Mitte Berlin (District Court of Central Berlin), insofar as it is a commercial transaction for both parties.
(2) The parties submit their agreements to the law of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods (CISG) and excluding the German conflict of laws rules for private international law.
(3) Should individual clauses of these terms and conditions of business prove to be ineffective or impracticable, this shall not affect the validity of the remaining provisions.