Terms and Conditions of Nautic360

These are the General Terms and Conditions of Nautic360, applicable to both the website www.nautuc360.com and verbal and written agreements between the client and Nautic360.

Definition In these General Terms and Conditions, the following definitions apply:

  • Aw: Copyright Act 1912
  • Photographic work: Photographic works as defined in Article 10, paragraph 1, sub 9 of the Copyright Act. Other works under the Copyright Act can be equated. The photographer is considered the user as mentioned in Article 6:231 of the Civil Code. The other party as mentioned in Article 6:231 of the Civil Code. Use as mentioned in Article 1, in conjunction with Articles 12 and 13 of the Copyright Act.

Application: These General Terms and Conditions are applicable to legal relationships between a User and the Counterparty, including quotations, order confirmations, and verbal and/or written agreements, even after the agreement has ended, unless the parties have explicitly deviated from them in writing. The General Terms and Conditions are voidable if the manner in which the conditions were established is excessively burdensome (according to Article 6:237 of the Dutch Civil Code) for the Counterparty. They are also voidable if the User has not provided the Counterparty with a reasonable opportunity to review the General Terms and Conditions (according to Article 6:234 of the Dutch Civil Code).

Liability: The User is not liable for damages resulting from the User relying on incorrect information provided by the client. The User is only liable for direct damages. If the User is held liable for damages, the liability is limited to the invoice amount, up to the portion to which the liability pertains.

Remuneration: Necessary expenses and any additional work performed must be compensated by the Counterparty.

Invoice and Payment: Payment is due within 14 days from the invoice date, unless otherwise explicitly agreed upon. If the Counterparty has not settled the outstanding invoice, no use of the Tour is permitted.

Intellectual Property: The Counterparty holds publication rights to the Virtual Tour after payment.

Assignment: In the event of any ambiguity not clearly defined in the agreement, the User is permitted to fill in such gaps at their own creative discretion.

Copyright: Copyright for Photographic works rests with the User.

Choice of Law and Forum: Cases in which the General Terms and Conditions of Nautic360 apply shall be governed by Dutch law. Any disputes related to the Terms and Conditions and the legal relationship between the User and the Counterparty will be submitted to a competent court in the Netherlands.

Travel: All travel expenses are considered additional costs and are not included in the quotation. They will be added to the final invoice.

Delivery Time: The delivery time for the Virtual Tour is a maximum of 4 weeks from the delivery of the last content.

Termination: The User is authorized to suspend performance of the obligations or terminate the agreement if:

  • The Counterparty does not fully or timely fulfill the obligations of the concluded agreement. In the event of suspension or termination by the User, they shall be liable for damages as well as the costs incurred as a result. If the User chooses to terminate the concluded agreement, Counterparty’s claims become immediately due and payable.