The Premiere Leader in 360° & 3D Property Tours
This agreement between 360 Estates and “Client”, is as specified below. Upon acceptance of this agreement 360 Estates agrees to provide marketing services at the date, time, and location specified in exchange for payment from Client in accordance with the terms of this agreement. Client agrees to retain 360 Estates as a provider of the marketing services bonded to this agreement.
These terms and conditions of sale apply to the sale and delivery by 360 Estates to Client of the products & services as set forth in the proceeding statements. These terms are incorporated into this agreement and, in combination therewith, constitute the entire agreement between the parties with respect to the sale and delivery of said products & services. This agreement is expressly limited to these terms, and any and all terms or provisions submitted by Client which add to, conflict with, or otherwise modify these terms or this agreement are expressly rejected.
Price. The terms of price for the product shall be as set forth in this agreement. Client agrees to pay for the services provided by 360 Estates in accordance with the invoiced rates. Invoiced pricing becomes valid with client signature and upon completion of signature, binds to the terms of this agreement. Should Client request additional marketing services or products from 360 Estates, a separate new invoice must be created, and attached as an addendum to this agreement.
Payment. Client agrees to make timely payments in accordance with the marked due date on each invoice provided by 360 Estates, and to include any late fees incurred in each payment. A retainer fee of 50% of the total balance is required to schedule services. The final product will not be shipped or delivered until complete payment for the product and shipping is made in full. All amounts referenced in this agreement shall be paid in United States dollars.
Late Payments. Late or delinquent balances shall impose a penalty fee of 3% of the total balance & 1.5% interest per month after payment due date.
Disputes. Clients can dispute particular charges on an invoice by written notice. Payment of non-disputed charges must be made on time per the terms of this contract while the disputed charges are addressed. Once the dispute regarding charges is resolved, payment on the resolved charges can and should be made promptly.
Risk of Loss. Risk of loss of the product shall transfer to Client on the delivery/shipment date.
Intellectual Property Rights.
Retained Rights. Each party will retain all right, title, and interest in and to its own pre‐existing intellectual property irrespective of any disclosure of such pre‐existing intellectual property to the other party, subject to any licenses granted herein.
Use of Name. Except as expressly provided herein, Client shall not use the names 360 Estates or any of their respective affiliates or divisions or any derivations thereof in any advertisement, publications, or sales materials without the prior written consent of said company.
Copyright. All campaigns, images, and other material produced under the scope of this marketing services agreement are the intellectual property of the Client.
Sole Agreement & Modification. This shall be the sole agreement in place between Client and 360 Estates. These terms may be modified or changed only by a written amendment to this agreement signed by 360 Estates and Client.
Cancelation. This agreement is not subject to cancellation except by mutual written agreement of both parties. Client agrees to forgo any outstanding work at the time of cancellation. Retainer fee is non-refundable if services are canceled for any reason. Services can be rescheduled up to 2 times within a 90-day period from the originally scheduled shoot date. If no service is scheduled within that 90-day period, Client forfeits the retainer fee. 24-48 hours advanced notice is required to notify 360 Estates of any scheduling conflicts or changes in shoot time. If made less than 24 hours, it is left to the discrepancy of 360 Estates to determine whether or not services can be rendered or rescheduled.
Reshoots. Neither party will be held responsible should weather conditions be unsuitable for shooting. Upon arrival, if the property is not ready for shooting, preventing or inhibiting the shoot, and conditions were not previously disclosed in writing to 360 Estates, Client will incur a reshoot fee of $75.
Revisions. Client may request changes to video work submitted by 360 Estates. Up to two revisions are permitted for any 360° videos, standard videos, or drone videos.
Breach of Contract. Breach of this contract can result in an immediate termination of the contract with no refunds or a termination and returned payment if breached by 360 Estates. Grounds for breach of contract include not following in accordance with the terms of this agreement.
Indemnification. Client agrees to indemnify and hold harmless 360 Estates and its representatives from and against any and all claims, demands, losses, causes of action, damage, lawsuits, judgments, including attorneys’ fees and costs arising or resulting from its use of the product or when services are being rendered.
Limitation of Liability. Except as set forth in this section, in no event will either party be liable for any special, indirect, incidental, or consequential damages nor for loss of profits or revenue, cost of capital or downtime costs, nor for any exemplary or punitive damages, arising from any claim or action, whether such damages are based on contract, tort, statute, imposed duties or obligations, or other legal theory, incidental or collateral to, or directly or indirectly related to or in any way connected with, the subject matter of this agreement, even if advised of the possibility of such damages.
Governing Law. This agreement shall be governed by and interpreted in accordance with the internal laws of the State of California. Any grievances or disputes shall be resolved via a neutral arbitrator located in California.
Acceptance. This written agreement is hereby upheld as valid and enforceable, as of the date of the Client’s original invoice signature.