Virtual Visit is a trading name of Beyond Metrix Ltd. This Agreement is between Beyond Metrix Ltd Limited (“Beyond Metrix”) and the business whose premises have been photographed for the Street View | Trusted program or other web service (the “Business”). This agreement contains the entire understanding between Beyond Metrix Ltd Limited and the Business. It supersedes all prior and simultaneous agreements between the parties. Only those changes or modifications specifically placed in writing, attached, dated and signed by the Business and Beyond Metrix Ltd Limited at the time of acceptance of this contract shall be recognised as amendments to this contract.
Google Street View | Trusted Photography Service
Street View | Trusted Program: Beyond Metrix Ltd is an independent contractor and as such is not a Google employee or agent, but Beyond Metrix Ltd is authorised under the Street View | Trusted program to provide Photography services to local, national and international businesses that desire to participate in the Street View | Trusted Program.
Services and Ownership of Photographs.In exchange for the Service Fee:
Beyond Metrix Ltd 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”);
Beyond Metrix Ltd will use commercially reasonable efforts to ensure that the Photographs meet the Street View | Trusted Program’s technical specifications;
Images are the property of Beyond Metrix Ltd and are licensed to the Business to use in marketing and to add to its website and social media for the duration of this agreement.
To the extent permitted by law, the Business will obtain: i). waivers from all of Beyond Metrix’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 Beyond Metrix’s personnel to the Business of all moral rights in the Photographs.
Beyond Metrix Ltd will upload the Photographs to Google for processing and use in accordance with Section 4 below, once payment in full has been received.
Terms Governing the Uploading, Processing, and Use of Photographs
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 www.google.com/intl/en-GB/policies/terms (along with relevant Additional Terms, as set forth at www.google.com/maps/streetview/trusted/) or such other URL/Additional Terms as Google may designate from time to time (collectively, the “Google Terms of Service”).
Authorisation to Upload Photographs to Google for Google’s Use. Business hereby authorises Beyond Metrix Ltd 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.
Limited License to Service Provider. Business grants Beyond Metrix Ltd a nonexclusive license to use a reasonable number of images created under this Agreement as “samples” or “portfolio copies” for Beyond Metrix Ltd to archive examples of Beyond Metrix’s work and to advertise or market Beyond Metrix’s professional services.
Service Fee Payment & Cancellations
Prior to full activation of your service full payment must be received.
Business Video Service
The Business Video Service
Beyond Metrix Ltd agrees to supply the video to the customer by means of a link from YouTube, where the video is hosted.
Unless otherwise agreed, the Business accepts Beyond Metrix’s decisions on creativity within the product/s and service/s.
Unless otherwise stated in writing, Beyond Metrix Ltd retains copyright in all of their original material. Original material includes video recordings, graphics, soundtracks and any other design or artwork commissioned by the Business in relation to the agreement.
Beyond Metrix Ltd retains the right to use this material in its original and edited from as they see fit.
Beyond Metrix Ltd reserve the right to charge for additional work required after the initial video has been approved by the Business.
Service Fee Payment & Cancellations
Cancellation of appointments are requested with at least 24 hrs notice, though we understand this is not always possible. We will call you on the morning of the booked shoot to confirm go-ahead. Repeated cancellations will be chargeable.
Google My Business Page Management Service
The Google My Business Service
Beyond Metrix Ltd will claim or help claim your business listing on Google into your own account, subject to you having one set up
Where applicable, Beyond Metrix Ltd will ensure your business is in the correct category using the pre-defined categories
Beyond Metrix Ltd will ensure your map pin is located correctly where possible to do so
Beyond Metrix Ltd will add your imagery into the correct categories using the pre-defined categories
Website, Hosting & Maintenance Services
Beyond Metrix Ltd will carry out work only where the Business gives consent to do so by either verbal or written instruction. Work requiring payment will be confirmed by email.
Beyond Metrix Ltd will carry out work only for Business who are 18 years of age or above. An ‘order’ is deemed to be a written or verbal contract between Beyond Metrix Ltd and the Business, this may include telephone and/or electronic/email agreement.
Beyond Metrix Ltd reserves the right to refuse to handle in any way, material which may be deemed offensive, illegal or in any way controversial, and also to terminate any hosting services should the necessity arise.
Beyond Metrix Ltd takes no liability for any Privacy issues such as data breaches, which are not under our direct control.
Intellectual Property & Copyright
The website, graphics, video, 360 and any programming code remain the property of Beyond Metrix Ltd unless express written permission is given.
Any scripts, applications or software (unless specifically agreed) written by Beyond Metrix Ltd remain the copyright of Beyond Metrix Ltd and may only be commercially reproduced or resold with the permission of Beyond Metrix Ltd.
Beyond Metrix Ltd cannot take responsibility for any copyright infringements caused by materials submitted by the Business. We reserve the right to refuse any material of a copyrighted nature unless adequate proof is given of permission to use such material.
Hosting, Maintenance & Email
Depending on the service level entered into, Beyond Metrix Ltd offers basic amendments to the website inclusive of service cost, however should the amend be deemed outside of ‘basic’ Beyond Metrix Ltd reserves the right to charge a fee.
No guarantees can be made as to the availability or interruption of online services provided Beyond Metrix, who cannot accept liability for losses caused by the unavailability, malfunction or interruption of this service, or for loss of turnover, sales, revenue, profits or indirect, consequential or special loss.
Beyond Metrix Ltd will not be liable for any costs incurred, compensation or loss of earnings due to the unavailability of the site, its servers, software or any material provided by its agents
SEO & Search Engine Performance
Due to external factors, such as changes to the way search engines rank websites, we cannot offer any guarantees regarding the position we will achieve for websites. The process of optimising websites itself will bring in more traffic and hits and you will see visits increase to your site naturally. We cannot accept liability for any change in rankings or drop off in the position of your website due to changes in the algorithms of the search engines or the factors that they use to rank websites.
We only use ‘white hat on page techniques’ when optimising websites.
Beyond Metrix Ltd carries comprehensive general liability insurance coverage for Beyond Metrix’s activities on the Business’ premises. This Agreement is confidential information. Business will not disclose or make this Agreement available to any third party except a). Beyond Metrix Ltd b). as specifically authorised by Beyond Metrix Ltd in writing c). when compelled to do so by law if Business provides reasonable prior notice to Beyond Metrix.
This Agreement is confidential information. Business will not disclose or make this Agreement available to any third party except a). Beyond Metrix Ltd b). as specifically authorised by Beyond Metrix Ltd in writing c). when compelled to do so by law if Business provides reasonable prior notice to Beyond Metrix.
No warranties. In connection with this agreement, Beyond Metrix Ltd makes no representations and, to the maximum extent permitted by law, disclaims all warranties, express or implied, regarding the video, gmb management website, hosting, photographic services or the photographs, including any warranties of merchantability or fitness for a particular purpose. Furthermore, Beyond Metrix Ltd makes no representation or warranty that the photographs or videos will ultimately be displayed by Google or Youtube.
Limitations on liability.
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.
Google’s use of the photographs is governed solely by the google terms of service in accordance with section 5 above. In no event will google be liable to either business or beyond metrix ltd (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.
Any modification of this Agreement must be in writing and signed by the Managing Director of Beyond Metrix Ltd as well as the business owner or representative.
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.
If you have any concerns about our terms and conditions please contact us.
Contact Us Today
For a no obligation chat about what we can do for you...