Terms & Conditions
This Agreement is made effective for all purposes in all respects by and between INSTANOVATE , hereinafter referred to as “the SERVICE PROVIDER” and the business whose premises are being photographed for the Google Street View Program (the “Business”), hereinafter referred to as CLIENT.
ENTIRE AGREEMENT: This agreement contains the entire understanding between the SERVICE PROVIDER and the CLIENT. It supersedes all prior and simultaneous agreements between the parties. The only way to add or change this agreement is to do so in writing, signed by all parties. In the event that any part of this agreement is found to be invalid or unenforceable, the remainder of this agreement shall remain valid and enforceable. Any agreement to waive one or more provisions of this agreement or any failure by one or both parties to enforce a provision of this agreement shall not constitute a waiver of any other portion or provision of this agreement.
PAYMENT SCHEDULE: 50 % of Service Fees are payable at least 7 days prior to the day of the photoshoot(s) & rest after shoot or publishing completion on Google Listing . Otherwise CLIENT agrees to terms shown on invoice. In the event the CLIENT fails to remit payment as specified, the SERVICE PROVIDER shall have the right to immediately terminate this agreement with no further obligation, retain any monies already paid, and not attend the photoshoot(s). Returned checks will be assessed a Rs 500 non-sufficient funds fee.
Services and Ownership of Photographs: In exchange for the Service Fee:
(a) Service Provider will take photographs of those portions of the exterior and interior of the Business premises designated by the Business as acceptable for photographing in connection with the Street View | Trusted program (the “Photographs”);
(b) Service Provider will use commercially reasonable efforts to ensure that the Photographs meet Street View | Trusted Program’s technical specifications;
(c) Service Provider hereby assigns unlimited exclusive usage rights in the Photographs to Business;
(d) To the extent permitted by law, Service Provider will obtain:
(e) waivers from all of Service Provider’s personnel in respect of any “moral rights” that such personnel may have in the Photographs, including any right of attribution; and
(f) assignments by Service Provider’s personnel to the Business of all moral rights in the Photographs.
(g) Service Provider will upload the Photographs to Google for processing and use in accordance with the Terms Governing the OWNERSHIP, Uploading, Processing, and Use of Photographs: below.
Terms Governing the OWNERSHIP, Uploading, Processing, and Use of Photographs:
(a) Google Terms of Service. Business agrees that the uploading, processing, and use of the Photographs will be governed by Google’s standard online terms of service for such Photographs as set forth at https://www.google.com/streetview/privacy/(collectively, the “Google Terms of Service”).
(b) Authorization to Upload Photographs to Google for Google’s Use. Business hereby authorizes Service Provider to upload the Photographs to Google on Business’ behalf and licenses the Photographs for use in accordance with the Google Terms of Service.
TIME AND DATE OF SERVICES: Upon signature, Service Provider will reserve the time and date agreed upon to provide the photographic services. All Service Fees are non-refundable or unless Service Provider agrees in its sole discretion to permit a rescheduling of the services.
SAFETY: The SERVICE PROVIDER reserves to right to terminate coverage and leave the location of the photoshoot(s) if the photographer from the SERVICE PROVIDER experiences inappropriate, threatening, hostile or offensive behavior from person(s) at the photoshoots(s); or in the event that the safety of the photographer from the SERVICE PROVIDER is in question.
Insurance: SERVICE PROVIDER will carry comprehensive general liability insurance coverage for SERVICE PROVIDER’S activities on the Business’ premises.
SHOOTING TIME / ADDITIONS: The CLIENT and the SERVICE PROVIDER agree that cooperation and punctuality are essential to accomplish the goals and wishes of all parties. Shooting commences at the scheduled start time and ends at the scheduled end time. If the CLIENT does not arrive at the appointed time for the photoshoot(s), shooting will commence at the scheduled start time and end at the scheduled end time. All additional time beyond the scheduled end time will be billed to the CLIENT.
EXPENSES INCURRED: When applicable, the CLIENT is responsible for quoted travel, accommodation, meal and transport costs unless provided by the CLIENT.
TRAVEL EXPENSES: All travel expenses unless specifically quoted are based on the distance between the photoshoot location(s) and the SERVICE PROVIDER address. For all photoshoots(s), where travel expenses are exclusive of the service fee, all arrangements of tickets needs to be done by the client at least 4 days prior to shoot.
RESPONSIBILITIES: The SERVICE PROVIDER is not responsible for compromised coverage due to causes beyond the control of the SERVICE PROVIDER including but not limited to obtrusive guests, lateness of the CLIENT or guests, weather conditions, schedule complications, incorrect addresses provided to the SERVICE PROVIDER, rendering of decorations, or restrictions of the locations. The SERVICE PROVIDER is not responsible for backgrounds or lighting conditions which may negatively impact or restrict the photo coverage. The SERVICE PROVIDER is not held liable for missed coverage of any part of the photoshoot(s). The SERVICE PROVIDER will not be held accountable for failure to deliver images of any individuals or any objects at the photoshoot(s).
VENUE AND LOCATION LIMITATIONS: The SERVICE PROVIDER is limited by the rules and guidelines of the location(s) and site management. The CLIENT agrees to accept the technical results of their imposition on the SERVICE PROVIDER. Negotiation with the officials for moderation of guidelines is the CLIENT’s responsibility; the SERVICE PROVIDER will offer technical recommendations only.
PERMITS: The CLIENT is responsible for acquiring all permits and necessary permission for all locations on which the SERVICE PROVIDER will be performing services.
VISIBILITY of images on GOOGLE MAPS: SERVICE PROVIDER makes no guarantee how imagery is ranked or appears in Google Maps.
PRIVACY: CLIENT retains all liability for any identifiable information shown in imagery/tours. SERVICE PROVIDER will make reasonable effort to blur all identifiable information in imagery/tours.
Warranties: IN CONNECTION WITH THIS AGREEMENT, SERVICE PROVIDER MAKES NO REPRESENTATIONS AND, TO THE MAXIMUM EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE PHOTOGRAPHIC SERVICES OR THE PHOTOGRAPHS, INCLUDING ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
SERVICE PROVIDER STIPULATES THAT THE PHOTOGRAPHS WILL ULTIMATELY BE DISPLAYED BY GOOGLE. THEREBY INCASE OF ANY TECHNICAL ISSUES WHICH MAY ARISE MIGHT DELAY IN THE DELIVERY TIME.
LIMIT OF LIABILITY: In the unlikely event that the assigned photographer from the SERVICE PROVIDER is unable to perform to the guidelines of this contract due to an injury, illness, act of God, act of terrorism, or other cause beyond the control of the SERVICE PROVIDER, the SERVICE PROVIDER will make every effort to secure a replacement. If the situation should occur and a suitable replacement is not found, responsibility and liability is limited to the return of all payments received for the photoshoot(s).
In the unlikely event that digital files have been lost, stolen, or destroyed for reasons beyond the SERVICE PROVIDER’s control, including but not limited to camera, hard drive, or equipment malfunction, the SERVICE PROVIDER liability is limited to the return of all payments received for the photoshoot(s). The limit of liability for a partial loss of originals shall be a prorated amount of the exposures lost based on the percentage of total number of originals. The SERVICE PROVIDER is not liable for the loss of images beyond the lesser of the final delivery of all products included in the package.