Google 360° Street View Trusted Virtual Tour Production & Publishing

Terms of Service Agreement

Service Agency: Global Web Advisors LLC
Registered Address: 108 West 13th Street, Suite 619, Wilmington, DE 19801
Postal Address: 6828 Louis Drive, Locust Grove, GA 30248
Email: [email protected]
Phone: 404-721-0954
 

 

Terms and Conditions
1. Background. This Agreement is between the Global Web Advisors LLC (the “Service Provider” or “GWA”) and the business whose premises are being photographed for the Google Maps Street View | Trusted Program (the “Business”).
2. Service Fee Payment. GWA and Business will agree on an amount for the Street View | Trusted and related services (“Service Fee”), and the Business will pay the Service Fee when GWA takes the Photographs (as defined in Section 3 below). An appointment deposit fee will be charged before service appointment and credited to the total service price. Appointment rescheduling Fees may apply (totaling $50/rescheduled appointment) if appointment is rescheduled within 24hrs of capture date. In the case of a missed appointment, the initial deposit fee is non-refundable. Final billing receipt subject to checks and/or funds cleared.  If paying by check, please note that there is a $100 "bounced check"/ insufficient funds fee, should a check not clear at any time throughout the See-Inside capture process. Customer will arrange other payment within 10 business days from the capture date in the event of this occurrence. In the event that a See-Inside has been published without final payment, said See-Inside will be removed until final payment has been received and cleared.
3. Services and Ownership of Photographs. In exchange for the Service Fee:
(a) GWA 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) GWA will use commercially reasonable efforts to ensure that the Photographs meet the Google Maps Street View | Trusted Program’s technical specifications;
(c) GWA hereby assigns (or will procure the assignment of) all ownership rights in the Photographs (including intellectual property rights) to Business;
(d) To the extent permitted by law, GWA will obtain:
(i) Waivers from all of GWA’s personnel in respect of any “moral rights” that such personnel may have in the Photographs, including any right of attribution; and
(ii) Assignments by GWA’s personnel to the Business of all moral rights in the Photographs.
(e) GWA will upload the Photographs to Google for processing and use in accordance with Section 4 below.
4. Terms Governing the 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/maps/ or such other URL/Additional Terms as Google may designate from time to time (collectively, the “Google Terms of Service”).
(b) Authorization to Upload Photographs to Google for Google’s Use. Business hereby authorizes GWA to upload the Photographs to Google on Business’ behalf and licenses the Photographs for Google’s use in accordance with the Google Terms of Service.
5. Limited License to Service Provider. Business grants GWA a nonexclusive license to use a reasonable number of images created under this Agreement as “samples” or “portfolio copies” for GWA to archive examples of Service Provider’s work and to advertise or market professional services.
6. Time and Date of Services. Upon signature, GWA will reserve the time and date agreed upon to provide the photographic services. All Service Fees are non-refundable except as described in Section 7 below, or unless GWA agrees in its sole discretion to permit a rescheduling of the services.
7. Refunds. GWA will refund all Service Fees to the Business (but will have no further liability with respect to the Agreement) if Google rejects the Photographs for failure to meet the Street View | Trusted technical specifications and GWA does not correct the failure after re-photographing the Business at a mutually- agreed upon time. All rejected content will remain the property of Global Web Advisors LLC.
8. Insurance. GWA will carry comprehensive general liability insurance coverage for GWA activities on the Business’ premises.
9. Confidentiality. This Agreement is confidential information. Business will not disclose or make this Agreement available to any third party except (a) Google; (b) as specifically authorized by GWA in writing; or (c) when compelled to do so by law if Business provides reasonable prior notice to GWA.
10. Limitations on Liability.
(a) except for breaches of confidentiality, (i) neither party will be liable (under any theory or circumstance) for lost revenues or indirect, special, incidental, consequential, exemplary or punitive damages, and (ii) neither party’s aggregate liability for any claim arising out of or related to this agreement will exceed the amount of the service fee.
(b) google’s use of the photographs is governed solely by the google terms of service in accordance with section 4 above. in no event will google be liable to either business or service provider (under any theory or circumstance) for any direct or indirect, special, incidental, consequential, exemplary or punitive damages arising out of or related to this agreement.
11. Modifications. Any modification of this Agreement must be (a) pre-approved by Global Web Advisors LLC in writing, and (b) reflected in a written agreement that is signed by both Service Provider and the Business.
12. Entire Agreement. This Agreement incorporates the entire understanding of the parties relating to its subject and supersedes any prior or contemporaneous agreements on that subject.
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