General Commercial Conditions1 - Scope: The conditions mentioned below are attributed by GLOBAL24 SA and/or its regional distributors (herein referred to as AN). Commercial conditions are available from the moment the contract is awarded (CCG). Additional conditions received from the Beneficiary must be accepted in writing by the AN.
2 - Contractor (AN): The contractor of these contracts is Global 24 SA and/or its regional distributors. The subcontracting of the present contract by AN will be eliminated.
3 - Conclusion of the contract: The contract is concluded with the signature of both parties and/or written order from the Beneficiary, only under the form of an original document and without any other hand annotations.
4 - Object of the contract: All orders attributed refer to a copyright contract, which is regulated by awarding rights to use the provided services. The client publishes the work up to two domains. For any subsequent domain, exceptional costs are created which can be taken from the general price list. The right to use the work is restricted to the own use of the company through the Beneficiary. The transfer of the rights to use the work or source code (programming code) may be done only with the AN’s express approval. Changes of the source code can be performed only by the AN. The client must send audio and video files for the work implementation.
AN is obliged to deliver the virtual tour to the client as flash file. Still images (individual pictures are not components of the virtual tour) are handed over in an original resolution format. Hosting of the virtual tour is done at AN. The costs for the first 3 years of hosting are included in the manufacturing price. Once the 3 years are over, the hosting contract is automatically extended on a 3-year period unless it is otherwise requested by the Beneficiary at least 3 months prior to the termination of the contract. The costs for the 3 years of hosting are posted in the price list available and they must be paid in advance at the beginning of the 3-year contractual period, when the invoice is issued. Currently, the cost for 1 year of hosting is 50 Euros. The right to use the work is transferref to AN only after full payment.
5 - Copyright: All copyrights and performance rights on the work and the source code, especially PHP codes used in the virtual tour are property of GLOBAL 24 SA. The work, namely the pictures, can be used by GLOBAL 24 SA for own marketing purposes. Permissions to use (publication right, licenses etc.) are required only if an express agreements exists in this respect. The Beneficiary received, in this case, a simple, non-exclusive and non-excludes, non-transmissible or assignable use permit, for the usage established by common agreement and in the set terms (number if issues, retransmissions, copies, temporal and local restrictions etc.) In the absence of an agreement, the usage authorisation for one publication, in an issue and only for the media specifically designated by the Beneficiary will be considered valid. The Contractor must approve any change to the work.
6 - Parties’ obligations: The Contractor will execute the attributed order with much attention. He has the right of completely or partially finalising the contract with the help of third parties (laboratory, photographers, printing house etc.) As long as the Beneficiary does to settle this in writing, the Contractor has the right to freely choose the means of executing the contract. This issue is especially available for the elaboration of the work, choosing models, the taking over location and technical means used. Deviations from previous deliveries are not considered shortages. AN provided the Beneficiary a download link of the work once the invoices are paid. The client is obliged to provide the chosen location for the photo shoot in the conditions negotiated.
The reference for the GLOBAL 24 SA copyrights, as well as the connected to the GLOBAL 24 SA web pages must be obtained when the Beneficiary’s webpage is open. The Beneficiaries are obliged to respect the legislative regulations and those of the third parties when using GLOBAL 24 SA facilities, as well as products (3D/virtual tour panoramic pictures, product 3D presentation, access, web space, server hosting etc.). Also, they are obliged to ignore everything, which could influence the interests of other internal participants, according to the general agreement. Beneficiaries are also obliged to protect access data against misuse by third parties. Collateral damage of GLOBAL 24 SA or third parties fall in the attribution of the person that has damaged or caused damage.
7 - Bonuses and payment conditions: For the value of the bonus, written agreements between the contractual parties are considered official, as well as the separated price list from the Contractor. Subsequent changes to the requested works by the Beneficiary are applied in addition to the execution cost. The same modus operandi is applied if third parties request changes to the works. In case the Beneficiary renounces the contract, for whatever reasons, in case there are no other contractual regulations, the Contractor is entitled to receive half of the contractual amount as well as all the effective costs resulting from this action. The production costs are due as follows: 50% of the invoiced amount is payable in cash on the day the photos are taken from the Beneficiary. The Beneficiary must pay the remaining outstanding amount immediately after successfully taking over the work. Only after the entire invoiced amount is paid, will the Contractor communicate the Beneficiary his work or the work download link.
8 - Platform Marketing/Listing program - Hosting: By signing the order/contract for a virtual tour the client confirms automatically the listing in the 360tourist-Network.
The 1st year is free of charge. The 2nd year is 50% discount and from the 3rd year on the discount is 30%.
Cancellation of the Marketing/Listing program:
The client have the option to cancel the contract before completion in writing at least 3 months before the expiry date. And, upon receiving the invoice, you still have 7 days to cancel free of charge. In case of cancellation of the Marketing/Listing program the client must pay a yearly fee of EURO 30,- per year.
9 - Warranty and liability: The contractor bears the legal responsibility for the adequate performance and technical use of the deliveries and services within the descriptions of the services agreed and this CCG. For the products received from third parties, their warranty and liability conditions are taken into consideration. In case deliveries and received services received from the Contractor are deficient, he has the right to fix them in a reasonable period of time. The Contractor is responsible, under the legal regulations in force, for damages caused maliciously or inadvertently by workers or their aids. The liability for damages caused by force majeure is excluded. The Beneficiary bears full responsibility for all work performed and assessments made, based on the use of film materials. Obtaining necessary approvals for the photographed objects (for ex., works of the photographic art, examples and models, marks, photo leaflets etc.) or persons falls in the Beneficiary’s attribution. Otherwise, responsibility is eliminated for AN in this case.
In case the work is lost or deteriorated before the contract (data, slides, films etc.), the Contractor is liable – no matter the reason – only for intentional will or gross negligence. Liability is limited to the Contractor or his aids; for third parties (labs, photographers etc.), the Contractor is responsible only in the case of intentional will or gross negligence when choosing them, as long as the Contractor did the choice of third persons. Each liability is limited to the material costs and costs to restore the work, as much as possible. Other requests are not allocated to the Beneficiary. The Contractor is not liable for travel, accommodation and third party costs (rent for equipments, models, assistants, other additional personnel etc.) or lost profits or indirect damages. After seven days from the delivery of the download link of the work, the Contractor does not guarantee data safety. The Beneficiary is liable for losing data. No liability is taken for lacks regarding unclear or incorrect documents/instructions received from the Contractor. The Contractor bears the risk for all circumstances which are not found in the Contractor’s tasks, for example the climate of the pictures taken outdoors, provision of products and props, models’ resignation, adverse travel conditions etc.
10 - Exception clause: The work remains in the Contractor’s property until full payment of the due amount. The Beneficiary is revocable, authorized for re-sale; claims for payment of the purchase price, resulted from the re-sale are allocated to the Contractor. Any processing or change to the product by the buyer to the Beneficiary is done by AN. If the products are processed with objects other than those pertaining to AN, co-ownership of the new merchandise is thus obtained in relation to the value of the purchased products compared to other processing objects during processing. If the products are mixed with objects other than those belonging to AN, AN receives the co-ownership right of the new products in relation to the value of the products compared to other products mixed during the mixing process. If the ordered products are considered the main merchandise, then the Beneficiary’s buyer must transfer property rights to AN. The claim to the retention title is not necessary to withdraw from the contract, unless the Beneficiary’s buyer is a consumer. The execution location is the Contractor’s headquarters.
11 - Final provisions: The execution location is the Contractor’s headquarters. Exclusive jurisdiction is the Contractor’s headquarters. This jurisdiction agreement is available only in relation with external merchants and partners (from other countries) as well as legal persons of public law and public law special fund. The Belize legislation will be taken into consideration. The jurisdiction is the city of Belize. “The provisions of the UN-purchase rights are NOT applicable.”
12 - Severability clause: If any regulation of the contract is ineffective or questionable, then the other regulations remain intact.