The following describes the Terms & Conditions (‘TC’ hereafter) of all products and services offered on the Atomic 55 website, provided by: Atomic 55 Internet Technologies Inc; Canadian Office; #901-775 Glenmore Road, Kelowna, BC, V1Y 1P7, Canada; Legal name: Atomic 55 Internet Technologies Inc.
Our TC is intended to create a fair and strong business basis for our customers and us to act upon. Please feel free to contact us if you have any questions or concerns in regards to the following.
The client has to be of legal age and legally entitled to enter a work relationship under the herein listed conditions.
It is the clients’ responsibility to arrange and organize all locations to be photographed and to be fully prepared for the photographer as well as any additional personnel. The client shall guarantee best possible collaboration of our main on site contact and staff on-site.
If our photographer is unable to photograph a specific location within the time-frame of 1 hour per panorama, due to the client’s actions, negligence or additional requests, we will charge the client for the additional work and travel and living expenses at our regular hourly rate.
The maximum on-location production time per panorama that is part of the package ordered includes location scouting, planning, location setup, and photography and quality verification.
Upon service order the client will have to supply us with a location contact person, who will have to be available during the production time and who will be responsible for managing location preparation according to the Photography Order Form. This contact person has to be available at the production locations during the photo shoot.
Upon service order the client will have to supply us with a management contact person, responsible for all management communications.
Approval of service
Signed statement of work indicates approval for all services noted. Various emails requesting approval to move to the next phase of development will also be sent to client for signature.
REFUNDS ARE NOT AVAILABLE ONCE THE SIGNED STATEMENT OF WORK IS SUBMITTED.
Cancellation by the client
Regular packages with set up fees paid in full are offered with a minimum contract of one full calendar month. If service is cancelled before thirty days and after the credit card has been processed, the client will be charged a $125 processing fee. If client has signed up under a financed option for a project there are no refunds. Client must honor the length of the contract or pay the full buyout immediately as stated in the contract to cease monthly billing.
Monthly Plans: After the minimum contract time is over, a platform can be cancelled on a month-to-month basis. The contract will continue to run to the end of the monthly payment period (day of publication date + 30 days) following the payment period the cancellation notice was received. All contracts are open-end and will have to be cancelled in writing. If the client decides to cancel a project during production or after placing a production order, we will charge all work executed up to the point of cancellation at our regular hourly rate. Furthermore, all travel and living expenses related to the cancelled project are to be paid by the client.
A re-scheduling fee applies to any shoot re-scheduled within 48h prior to the arranged shoot date and time. The fee is based on the cost of the arranged shoot.
Cancellation by the service provider
We reserve the right to cancel a project, production, or the network of Atomic 55 at any point in time without having to supply the client with further reasons. Refunds may apply, if a project or the Atomic 55 network is canceled in a monthly payment period where the client has already been charged; in that case the client may be eligible for a refund for the remaining days, where the service could not be provided – (monthly service charges charged – total days of the payment period where service was not provided) * daily package price = total refund.
Maintenance and service interruption
We cannot be charged by the client or other parties, nor does a refund apply for server downtime, due to server maintenance, updates or any other causes, that could temporarily interrupt our services and the presentation of the Atomic 55 network or any of its related services and/or products.
Copyrights, licensing and right of use
All of our products and services are limited to be used under the following conditions. We own all rights to our products and services. No rights of our delivered solutions are transferable to others. Our productions, solutions, delivered products and services underlie international copyright law and are intellectual property and may not be changed, copied or adapted by you and/or others. No ownership or copyright in any Material supplied by us to the client shall pass to the client. The clients and others do not have the right to re-sell our products completely or in part.
Customer supplies and customer content
When entering these TC, it is the client’s responsibility to supply us with all necessary supplies before production start. This can include logos, corporate identity colors, text and other materials. All supplies have to be delivered digitally. To ensure a high quality standard, all Logo files must be provided in one (or more) of the following formats: Illustrator, PDF, EPS, Photoshop. Graphic and image files must be provided in one (or more) of these formats: Illustrator, PDF, EPS, Photoshop, TIFF, RAW, JPEG, GIF. If all supplies are not delivered before production starts, we cannot be held responsible for any production delays and product delivery delays. Client is responsible for signing the waiver supplied by an Atomic Sales Rep at signing.
Personal data protection
All contact information given to us will be for the sole use of our project management and will not be given or sold to others.
Based on our Technology, our 360 Panoramic Virtual Tours and Photographic imagery offer the same great quality on MAC & PC with the most popular internet browsers: Mozilla Firefox and Internet Explorer 8. However, quality and functionality of our 360 Panoramic solutions may vary depending on the end-user’s computer specifications; therefore, we cannot be held responsible for any malfunctions to do with our Atomic Products and Solutions.
In no event will we be liable to any party for any direct, indirect, special or other consequential damages for any use of our products, services and solutions, including, without any limitation, any lost profits and business interruptions, even if we are expressly advised of the possibility of such damages.
We keep the right to change our TC at any time without further notice. If any provision of these TC is, for any reason, invalid and / or unenforceable, the remaining provisions shall continue to be valid and enforceable to the fullest extent permitted by law. The parties agree to replace an invalid and / or unenforceable provision with a valid and/or enforceable provision which most closely approximates the intent and economic effect of the invalid and / or unenforceable provision. This also applies to contractual loopholes.
All headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of the depending content.
Place of jurisdiction, insofar as legally admissible, shall be the main place of our business. These TC and the contractual relationship shall be governed by Canadian Law.