1. Description of Service
This document (herein referred to as the “Agreement”) governs your relationship with 360newzealand.com (“Website” or “360”), as a viewer or as a client (collectively referred to as “Clients”). Access to and use of this Website, and the Services available through this Website (collectively, the “Services”), are subject to the following terms, conditions and notices (the “Terms of Service”). By using the Services, you are agreeing to all of the Terms of Service, as may be updated by us from time to time. You should check this page regularly to take notice of any changes we may have made to the Terms of Service. A change log will be maintained at the bottom of this page.
360newzealand.com is the digital media services arm of 360 New Zealand Ltd. 360newzealand provides web design, photography and videography, 360 degree video and virtual tours services to clients throughout New Zealand and internationally. All aerial operations are performed with our Remotely Piloted Aircraft System under the Part 102 licensing as permitted by the Civil Aviation Authority. All flights, no matter what service we’re providing, are conducted by Flightcontroller, in accordance with their Part 102 Unmanned Aerial Operator Certificate issued by the CAA.
2. Definitions of Service
“Virtual Tour” or “A Tour” refers to one ground or aerial virtual tour delivered to a Client as a Service. “Panorama” or “Aerial Panorama” refers to one 360 degree panorama, which is included within A Tour. “Annual Plans” refer to a yearly subscription to one or more of the 360newzealand Services. “360 Video” refers to one 360 degree video playable on a 360-enabled platform. “Digital Media” refers to any item of digital media content or Service provided by 360 New Zealand Ltd or another person/company.
3. Service Deliverables
i) Singular Services
All services provided by 360newzealand are singular unless otherwise stated as Annual Plans. Services will be delivered as per individual agreements created between Clients and 360.
ii) Annual Plans
Annual plans are delivered in two Service formats; the annual “Supported Plan” and the annual “Hosted Plan”.
The annual Supported Plan provides hosting, technology updates and reviews/edits/additions to The Tour content, and installation support. These updates are provided annually, once a year, taking up to one day to complete. Additional updates can be requested and paid for at any time. The annual Hosted Plan provides hosting and basic compatibility updates only.
Annual Plans commence from the date that the finished version of the Service is made available to the Client, for a total of 12 months.
Within these Services, Clients can commission multiple Aerial Panoramas to be included The Tour. a number of other digital media Services can also be delivered as part of a digital media package, provided by 360 New Zealand Ltd.
Offline versions of A Tour can be made available at a one-off cost. These files are then available to the Client with an unlimited period of usage. The Tour files must be kept confidential and not shared outside of your organisation. Any copying or sharing of The Tour files will result in immediate termination of the current Services provided to that Client. Any updates required within an offline version of The Tour can only be fulfilled when the Client is on an Annual Plan.
Branding-free versions of The Tour are available at additional cost. Branding-free denotes that any 360 logo, or variation of, will be removed from The Tour. The context menu (right click menu) within all Tours will reference 360 New Zealand Ltd as the creators.
Please get in touch for latest pricing and a quote.
4. Privacy and Compliance
The Client must ensure they have the rights to use and distribute any additional Digital Media that is provided by the Client, for use within A Tour or other Service.
The Client shall ensure that any collection, use and disclosure of information obtained pursuant to A Tour or other Service provided, complies with all applicable laws, regulations and privacy policies, including all of the requirements of the CAN-SPAM Act.
This section shall survive the completion, expiration, termination or cancellation of the Services for a period of three years.
5. Payment Terms and Calculations
The Client will be invoiced from 360 New Zealand Ltd for all services at the end of each month with the invoice to be settled by the 20th of the following month, unless otherwise stated. Annual Plans will be invoiced in full from commencement date. All invoices are payable to 360 New Zealand Ltd, regardless of type of service.
Failure to pay the amount by the due date may result in one or all Services being suspended until payment has been received. All Service pricing by 360 New Zealand Ltd is exclusive of GST.
All quotes and estimates provided for the Client are valid for 4 weeks from the date of issue.
6. Term and Termination
Access to this Website, and the Services provided, is permitted on a temporary basis, and we reserve the right to withdraw or amend the Services at any time. Should the Services need to be withdrawn, Clients on active Annual Plans will be continued with and supported until the completion of the current year or be reimbursed accordingly. We will not be liable if, for any reason, this Website is unavailable at any time or for any period.
This Agreement is effective upon the date that the Services are delivered to the Client. This Agreement may be terminated by the Client at any time, without refund for any remaining time with their current Annual Plan. Neither 360skytours nor any of its affiliates will have any other liability of any nature to the Client or any other third parties under this section.
7. Liability, Warranty & Indemnity
a) Except as otherwise stated herein, 360newzealand make no warranties, express or implied, including without limitation, any implied warranties of fitness for a particular purpose, or any warranties as to the number of visitors to, or pages displayed, on the 360newzealand website or the functionality, performance, or response times of the 360newzealand Website and Services provided. 360newzealand disclaims and shall not be liable for any other loss, injury, cost or damage suffered by the Client or any other third party and shall in no event be liable for consequential, special or incidental damages, including lost profits. This provision shall survive any expiration or termination of this Agreement. In no event shall 360newzealand or any of its affiliates be liable to the Client for an amount in excess of the total dollar amount actually received by 360newzealand from the Client for the specific Services provided.
b) The Client agrees to defend, indemnify and hold harmless 360newzealand and each of 360newzealand’s agents, Clients, subcontractors and affiliates, and the owner, and employees of any of the foregoing, from, against and in respect of any and all losses, costs, (including reasonable legal fees) expenses, damages, assessments, or judgments (collectively, “Liabilities”), resulting from any claim against any such parties in connection with Client’s advertisement, except to the extent that such claims directly resulted from the gross negligence or willful misconduct of 360newzealand.
8. General Provisions
These terms and conditions are governed by the laws of New Zealand. The Client consents to the exclusive jurisdiction and venue of courts of Queenstown and Otago, for all disputes related to the subject matter hereof. No joint venture, partnership, employment or agency relationship exists between the Client and 360newzealand. 360newzealand will not be deemed to have waived or modified any of these terms and conditions except in writing signed by its duly authorised representative. The Client may not assign its rights hereunder to any third party unless 360newzealand expressly consents to such assignment in writing, not to be unreasonably withheld. Modifications to the originally created Service will not be binding unless agreed by both parties. If any provision of these standard terms and conditions is found invalid or unenforceable pursuant to judicial decree or decision, the remaining provisions will remain valid and enforceable, and the unenforceable provisions will be deemed modified to the extent necessary to make them enforceable. All notices to 360newzealand relating to any legal claims or matters must be made in writing to 360 New Zealand Ltd, PO Box 311, Wanaka, 9305, New Zealand. Each Party expressly undertakes to retain in confidence and to require its agents and contractors to retain in confidence all information and know-how transmitted to such Party that the disclosing Party has identified as being proprietary and/or confidential or which, by the nature of the circumstances surrounding the disclosure, ought in good faith to be treated as proprietary and/or confidential. All terms and conditions of this Agreement will be considered confidential and will not be disclosed (except to both Party’s legal representative and accountants on a need-to-know basis) without the prior written consent of the other Party. The Parties acknowledge and agree that 360newzealand may archive an electronic copy of the fully executed Agreement. Except as specifically provided herein, this Agreement constitutes the entire understanding and relationship between the parties and supersedes any and all prior understandings and/or Agreements between the parties with respect to the subject matter covered within Services. No change, amendment or modification of any provision of Services or waiver of any of its terms will be valid unless set forth in writing and mutually agreed to by the parties.
9. Change log
01 November 2014: First version of 360newzealand Terms of Service.
28 September 2016: Second version of 360newzealand Terms of Service. 360skyoturs and other annual plan service inclusions.