1. Description of Service
This document (herein referred to as the “Agreement”) governs your relationship with 360 New Zealand Ltd. (“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 delivered by 360 (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 before commissioning our Services and 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.
This Website may contain links to other websites (the “Linked Sites”), which are not operated by 360. This Website has no control over the Linked Sites and accepts no responsibility for them or for any loss or damage that may arise from your use of them. Your use of the Linked Sites will be subject to the terms of use and service contained within each such site.
2. Definitions of Service
360training.nz is owned by 360 New Zealand Ltd. providing online training and imagery resource services.
“Digital Media” refers to any item of Digital Media content or Service provided by 360 or another person/company contracted by 360.
“Shoot” or “Project” refers to any type of Digital Media service engagement requested and paid for by Clients, and shot by 360 or a contracted partner.
“Video Production” refers to digital videography and time lapse production. Video Production services includes both filming and post production editing.
“Virtual Tours” or “A Tour” refers to one ground or aerial virtual tour delivered to Clients as a Service. “Panorama” or “Aerial Panorama” refers to one 360 degree panorama, which is included within A Tour.
“E-Learning” refers to a single service of constructing a learning management system for the client, including layout, content, design and architecture.
“Hosting” refers to the hosting of Client’s e-learning platform.
3. Service Deliverables
All services provided by 360 are singular unless otherwise stated as Annual Plans. Services will be delivered as per individual agreements created between Clients and 360.
i) Shoots
Shoots come in the form of Video Production and Virtual Tours.
The ownership of all Digital Media created during Shoots remains with 360 indefinitely, unless otherwise agreed upon in writing between Clients and 360. All Clients retain the right to use the Digital Media from Commissioned Shoots in the specified format, within the supplied E-Learning platform. Clients cannot resell or giveaway any Digital Media created during Commission Shoots to third parties, unless previously agreed in writing.
ii) Video Production
Video Production services are commissioned by the day (or half day in special cases). Imagery is supplied to Clients in the form of an edited, finished video, included within the E-Learning platform, unless otherwise agreed upon prior to the shoot. All produced videos will include a short 360 logo title card at the end of the edit. Removing this title card violates our Terms of Service, unless previously agreed in writing.
iii) Virtual Tours
Virtual Tours, Panoramas and Aerial Panoramas are commissioned by location. These services are delivered in the form of an interactive Virtual Tour. Within this Service, Clients can commission multiple aerial or ground Panoramas to be included in the Virtual Tour.
iv) E-Learning
All E-Learning Services are supplied within the 360training.nz platform. Each Client is be issued a subdomain specific to their business, on which their subsite will be created.
The 360training.nz platform is built using the open source content management system called WordPress. 360 manages both updates and security of this platform however user uploads are at the discretion of the Client.
The platform is hosted through a Cloud Server contract between 360 and IONOS, on a US-based server. This service is liable to IONOS’ Terms and Conditions.
4. Privacy and Compliance
All Clients shall have a privacy policy in place governing the Client’s use of end users’ personal information that meets or exceeds any applicable laws, rules and regulations governing the use of such information.
Clients must ensure they have the rights to use and distribute any additional Digital Media that is provided by Clients, for use within any Project.
5. Payment Terms and Calculations
Clients 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.
Some Services delivered by 360 do require a down payment. This is typically 40% of the total quote and must be settled prior to the project commencing.
All quotes and estimates provided for the Client are valid for 4 weeks from the date of issue, unless otherwise specified.
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 Clients. This Agreement may be terminated by Clients at any time, without refund for any remaining time with their current Annual Plan. Neither 360 nor any of its affiliates will have any other liability of any nature to Clients or any other third parties under this section.
7. Liability, Warranty and Indemnity
a) Except as otherwise stated herein, 360 makes 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 360training.nz website or the functionality, performance, or response times of the 360training.nz Website and Services provided. 360 disclaims and shall not be liable for any other loss, injury, cost or damage suffered by Clients 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 360 or any of its affiliates be liable to Clients for an amount in excess of the total dollar amount actually received by Wine Training from Clients for the specific Services provided.
b) Clients agree to defend, indemnify and hold harmless Wine Training and each of 360’s Clients, Contractors and affiliates, the shareholders, 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 wilful misconduct of 360.
8. General Provisions
These terms and conditions are governed by the laws of New Zealand. Clients consent 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 Clients and 360. 360 New Zealand Ltd. will not be deemed to have waived or modified any of these terms and conditions except in writing signed by its duly authorised representative. Clients may not assign its rights hereunder to any third party unless 360 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 360 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 360 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
18 July 2023: First version of 360training.nz Terms of Service.