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LEGAL - POLICIES

Virtual Tour Plus has a strict policy for handling customer information. The information you provide to Virtual Tour Plus is confidential and protected to the fullest extent possible. Virtual Tour Plus will not disclose or distribute customer information to third parties without prior written consent by the customer.
Terms & Conditions are governed by and shall be construed in accordance with the laws of the Ontario without giving effect to any principles of conflicts of law. If any provision of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions. These Terms are effective unless and until terminated by Virtual Tour Plus.

Places displayed on Virtual Tours may not be exactly as shown. Virtual Tours are intended for general overview only. Virtual Tour Plus reserves the right to amend this policy from time to time without prior notice. The Customer acknowledges that it has read the policy in effect as at the date hereof. For complete details, please review the following policies:

This Agreement is the entire agreement between Customer and Virtual Tour Plus and supersedes prior agreements. The laws of Canada will govern this Agreement. If any part of this Agreement is found to be void, unenforceable or invalid, it shall not affect the other parts of this Agreement.
BY USING ANY SERVICES PROVIDED BY VIRTUAL TOUR PLUS COMPANY, YOU MUST AGREE TO BECOME A PARTY TO THIS AGREEMENT.
Background.
The Customer is of the opinion that the Service Provider has the necessary qualifications, experience and abilities to provide services to the Customer.
The Service Provider is agreeable to providing such services to the Customer, on the terms and conditions as set out in this Agreement.
In this Policy, unless otherwise defined the following terms have the following meanings: "Customer" means the purchaser of Services from Virtual Tour Plus. "Virtual Tour Plus" means Virtual Tour Plus licensed Canadian business. "Services" means computing and information services provided by Virtual Tour Plus including, virtual tour, digital photography, web design, hosting and database services, provided over the Internet.
IN CONSIDERATION OF the matters described above and of the mutual benefits and obligations set forth in this Agreement, the receipt and sufficiency of which consideration is hereby acknowledged, the parties to this Agreement agree as follows:
Engagement 
The Customer hereby agrees to engage the Service Provider to provide the Customer with services consisting of creating Virtual Tour, and such other services as the Customer and the Service Provider may agree upon from time to time (the "Services"), and the Service Provider hereby agrees to provide the Services to the Customer.
WHEREAS, Virtual Tour Plus desire to offer Virtual Tour Plus's services to the Customer: taking digital photographs, creating virtual tours, hosting virtual tours, providing a Virtual Tour Plus Link. The Virtual Tour Plus Link will include the hypertext link, Uniform Resource Locator ("URL"): for example,
http://www.virtualtourplus.com/vtours/Customer
Virtual Tour Plus will use best efforts to process and post each Virtual Tour to the Customer within seven (2) business days after image capture, in each case to the extent Virtual Tour Plus has the right to do so. 
User Agreement 
Upon receipt of payment therefore, Virtual Tour Plus will provide the Customer with the Services on its host computing systems for the non-exclusive use of the Customer.  The Services are strictly provided "as is" and "as available" without representations, warranties or conditions of any kind whatsoever.  The Customer agrees to comply with the terms and conditions of this policy.
The fees for the Services and the policies are subject to change at any time upon 30 days' notice at the sole discretion of Virtual Tour Plus. Virtual Tour Plus may, from time to time, modify any prices or charges (including late payment charges) for or any other term or condition relating to the Services provided that Virtual Tour Plus gives the Customer at least 30 days advance written notice.  The Customer shall have the option to continue the Services at the new price or charge or terminate the Services upon giving written notice to Virtual Tour Plus prior to the expiration of the 30-day period referred to above.
The Customer is responsible for all applicable charges for the Services as set forth in the pricing structure detailed at www.virtualtourplus.com, Invoicing for the Services will be delivered after the charge has been applied to the Customer.  Invoices may be delivered by e-mail, fax or mail.  Any interruption in the provision of the Services does not relieve the Customer from the obligation to pay all applicable charges.  Additional fees may be levied for NSF payments, reactivations, terminations and changes of service.  If the Customer commits any default under this policy the Customer agrees to reimburse Virtual Tour Plus for all reasonable expenses (including collection fees and legal costs on a solicitor and own customer basis) incurred by Virtual Tour Plus in enforcing its rights under this policy.
Virtual Tour Plus Images - Ownership 
All Virtual Tours, whether or not produced for Customer and whether or not provided to Customer are, and at all times will remain, the exclusive property of Virtual Tour Plus, and no provision of this Agreement implies any transfer to Customer of any ownership interest in any Virtual Tour.
License Grant 
Virtual Tour Plus hereby grants to Customer a nonexclusive, worldwide, royalty-free, nontransferable license to display virtual tours on the Customer Pages solely for the purposes contemplated in this Agreement. Customer will not modify, edit, or prepare derivative works from the virtual tours without the prior written permission of Virtual Tour Plus. The foregoing license does not include any right to grant or authorize sublicenses.
Virtual tours are intellectual property of Virtual Tour Plus. This Agreement does not give Customer any intellectual property rights in the virtual tour. The Customer agrees not to make any attempt to discover or obtain the source code for the virtual tour.
Email Policy 
Virtual Tour Plus is committed to a zero-tolerance, anti-Spamming policy. Under this policy, we prohibit Spam from being sent over the Virtual Tour Plus network by Customers of Virtual Tour Plus. Infringements of this policy include, but are not limited to: Sending email to users who do not desire to receive such mail. Harassment, whether through language, frequency, or size of messages, is prohibited. 
Performance   
Both parties agree to do everything necessary to ensure that the terms of this Agreement take effect.
Compensation
For the Services provided by the Service Provider under this Agreement, the Customer will pay to the Service Provider compensation ("Fee"). The amount set forth in the pricing structure, detailed at www.virtualtourplus.com. Compensation will be payable upon completion of the Services, due on the first day of posting the finished Virtual Tour on the World Wide Web.
It is understood that the Fee represents a reduced price in partial consideration of Virtual Tour Plus's agreements hereunder.
Interest
Subject to a five (5) day grace period, late payments will accrue interest at the rate of 1.5% per month, or the highest rate permitted by law, whichever is lower.
Expenses
The Service Provider will not be reimbursed for any expenses incurred in connection with providing the Services hereunder. The compensation provided is done so in contemplation of any and all expenses that may be incurred by the Service Provider.
Provision of Amenities
The Customer agrees to provide, for the use of the Service Provider, the following amenities: virtual tour hosting and listing services; starting with the date of the online posting..
Legal Expenses
In the event that legal action is brought to enforce or construe any term of this Agreement, the prevailing party will be entitled to recover, in addition to any other damages or award, all reasonable legal costs and fees associated with the action.
Notice
All notices, requests, demands or other communications required or permitted by the terms of this Agreement will be given in writing and either served personally, by email, by facsimile or by registered mail. The addresses for any notice to be delivered to any of the parties to this Agreement are as follows:
or to such other address as to which any party may from time to time notify the other.
Gender
Words in the singular mean and include the plural and vice versa. Words in the masculine mean and include the feminine and vice versa.
Confidentiality
The Service Provider acknowledges that a material term of the Agreement with the Customer is to keep all confidential information belonging to the Customer absolutely confidential and protect its release to the public. The Service Provider agrees not to divulge, reveal, report or use, for any purpose, any confidential information which the Service Provider has obtained or which was disclosed to the Service Provider by the Customer.
The obligation to protect the confidentiality of the Customer's confidential information will survive the termination of this Agreement and will continue for a period of 1 year from the date of such termination.
The Service Provider may disclose any of the confidential information:
to a third party where the Customer has consented in writing to such disclosure; and
to the extent required by law or by the request or requirement of any judicial, legislative, administrative or other governmental body. However, the Service Provider will first have given prompt notice to the Customer of any possible or prospective order (or proceeding pursuant to which any order may result), and the Customer will have been afforded a reasonable opportunity to prevent or limit any disclosure.
Privacy Policy
Virtual Tour Plus is committed to respecting your privacy through the protection of personal information you submit. We have accepted and follow the principles established by the Canadian Standards Association's Model Code. Before collecting your personal information we explain to you the purpose of collecting it and obtain your consent. Our collection of personal information is limited to what is reasonable under the circumstances and your information will be used only for the purpose for which it is collected. Personal information is kept confidential and secure and is not disclosed to anyone outside of Virtual Tour Plus without your consent, unless required by law. You have the right to access your own personal information, and to correct any inaccuracies. We want to provide you with service on an ongoing basis and to establish a long-lasting relationship with you that will grow and change to meet your needs. With your permission, we collect Personal information about you to identify you; maintain a relationship with you, and to provide you with better service; protect you, and us, against error and fraud; comply with legal requirements. Virtual Tour Plus has developed processes and procedures to keep your Personal information safe and secure. We have appropriate safeguards in place depending on the sensitivity of the information. We are committed to maintaining the accuracy of your personal information for as long as it is being used for the purposes we have identified. To help us keep your personal information up-to-date, we encourage you to notify us of inaccuracies or corrections as often as you wish. If you identify any incorrect or outdated information requiring amendment, please contact us. We may ask you to put your request for a correction in writing. With concerns, or complaints about privacy or personal information. We will inform you of our complaint procedures and will assist you in resolving the situation. If a complaint is justified, appropriate measures will be taken. Customer grants a license to Virtual Tour Plus to use non-personal data that resides on the Virtual Tour Plus Agent system in ways necessary to deliver the Virtual Tour Plus solution. Your personal information may also be used to create statistics about Virtual Tour Plus's business. 
We will not sell your Personal information to any organization, for any purpose!
Assignment
This Agreement is a personal one, being entered into in reliance upon and in consideration of the personal skill and qualifications of the Service Provider. The Service Provider will not voluntarily or by operation of law assign or otherwise transfer the obligations incurred pursuant to the terms of this Agreement without the prior written consent of the Customer.
Capacity/Independent Contractor
It is expressly agreed that the Service Provider is acting as an independent contractor and not as an employee in providing the Services hereunder. The Service Provider and the Customer acknowledge that this Agreement does not create a partnership or joint venture between them.
Modification of Agreement
Any amendment or modification of this Agreement or additional obligation assumed by either party in connection with this Agreement will only be binding if evidenced in writing signed by each party or an authorized representative of each party.
Time of the Essence
Time will be of the essence of this Agreement and of every part hereof. No extension or variation of this Agreement will operate as a waiver of this provision.
Entire Agreement
It is agreed that there is no representation, warranty, collateral agreement or condition affecting this Agreement except as expressed in it.
Severability
In the event that any of the provisions of this Agreement are held to be invalid or unenforceable in whole or in part, all other provisions will nevertheless continue to be valid and enforceable with the invalid or unenforceable parts severed from the remainder of this Agreement.
Currency
Unless otherwise provided for, all monetary amounts referred to herein will be paid in Canadian dollars.
Governing Law
It is the intention of the parties to this Agreement that this Agreement and the performance under this Agreement, and all suits and special proceedings under this Agreement, be construed in accordance with and governed, to the exclusion of the law of any other forum, by the laws of the Province of Ontario, without regard to the jurisdiction in which any action or special proceeding may be instituted.
Limitation on Liability 
IN NO EVENT WILL VIRTUAL TOUR PLUS BE LIABLE FOR, AND THE CUSTOMER HEREBY RELEASES VIRTUAL TOUR PLUS AND ITS EMPLOYEES FROM, ANY LOSS, COST, DAMAGES OR LIABILITY WHATSOEVER (INCLUDING INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES) INCURRED BY THE CUSTOMER ARISING OUT OF ANY MATTER OR THING RELATING TO THE PROVISION BY VIRTUAL TOUR PLUS OF THE SERVICES INCLUDING, WITHOUT LIMITATION, ANY LOSS, COST OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE DELIVERY, USE OR PERFORMANCE OF THE SERVICES OR ANY INTERRUPTION OR SUSPENSION THEREOF FOR ANY REASON.
Content   
Customer must evaluate, and bear the risk associated with, the accuracy, completeness or usefulness of any Content. Virtual Tour Plus shall not be responsible for any Content. Virtual Tour Plus does not prescreen or monitor all Content, as a matter of policy, but Virtual Tour Plus shall have the right, but not the responsibility, to remove Content, which is deemed in sole discretion harmful, offensive, or otherwise in violation of this Agreement or any rules Virtual Tour Plus has in place at the time. 
Cancellation Policy
The following cancellation policy applies to all Virtual Tour Plus on-site scheduled orders:
-       If the Customer calls the photographer and cancels with at least 24 hours notice, there will be no charge.
-       If the Customer calls and cancels within 24 hours of the agreed-upon scheduled appointment time with the Virtual Tour Plus photographer, there will be a $30 charge to the Customer.
-       In the event that the Customer does not meet the local photographer within sixty (60) minutes of the scheduled time that they agreed upon, (no show), then the charge will be $50 to the Customer.
If you wish to cancel due to quality issues or concerns, that request must be received within 48 hours of your receipt of the tour link. The URL-address of Virtual Tour is sent to the email address you provided to Virtual Tour Plus with at the time of the order. For fastest processing, please try to request your cancellation by way of reply e-mail, including whatever reasons for the cancellation you deem appropriate. The request will be reviewed by our processing department and then escalated to a supervisor for review.


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