3DVISTA CLOUD SPECIAL CONDITIONS
1. DESCRIPTION OF THE SERVICE
As an optional additional service to the Virtual Tour Suite licence, the customer (hereinafter also called “licensee”) can choose to purchase 3DVista Cloud or Hosting subscriptions (hereinafter “Hosting” or “Cloud”). This hosting service allows customers to upload their virtual tours directly from the VT PRO software, without the use of an external FTP program and server.
These services only work in combination with a valid Virtual Tour Suite license. This paragraph will apply to all 3DVista customers using 3DVista Hosting.
The contracting of the Service implies the express and full acceptance of these Special Conditions, as well as the documents attached to them.
2.1 HOSTING PLANS
Hosting Service is available in different sizes (“Hosting Plans” or “Plans”) and is valid for the time established in the plan (e.g. one year, one month etc.), starting from the date of purchase.
The different Plans offered will be those in force under the following link:
2.2 IDENTIFICATION & ACCOUNTS
Hosting plans are registered on a specific email address. That email address needs to be a valid email address and cannot be changed subsequently. Any and all communication about the Hosting account will be sent to that email address (expiry announcements, limit reaches etc.). The email address used for the Hosting account does not need to be the same email address used for the customer's 3DVista VT PRO license. One customer can, in fact, have several different hosting accounts with different email addresses, even if they only have one valid 3DVista VT PRO license (for instance if you control hosting accounts established for each of your clients).
2.3. CONFIGURATOR, RENEWALS, UPGRADES
Customer can purchase, upgrade, extend and renew their hosting plans under https://www.3dvista.com/en/products/hosting/#hosting-choose-plan or in their personal cloud control panel under https://cloud.3dvista.com. They can select between pre-set plans with a certain amount of space (GB), bandwidth (GB) and time, or configure a custom plan using the configurator.
Hosting plans expire automatically once the time period purchased terminates, unless the customer actively renews their plan. The customer will be notified of the upcoming expiry three times via email: One month prior to expiry, one week prior to expiry and one day prior to expiry. The customer can also check the status, dates, storage capacity and bandwidth usage of their hosting accounts and plans any time under cloud.3dvista.com
Customer himself/herself is responsible for the maintenance and renewal of his/her hosting accounts and 3DVista cannot be held liable for any damage resulting from a missed renewal.
After the expiry date the virtual tours stored on your 3DVista hosting account will not be accessible anymore. They will be deleted from the servers 30 days after the expiry date, of which customer will be notified the day before deletion. This will not affect the local projects inside your 3DVista VT PRO program or the ones you have hosted on your own servers.
3. TYPES OF SERVICE
3dvista offers two main types of service in terms of Hosting:
-Trial: Upon the purchase of a Virtual Tour PRO license, the customer is entitled to a maximum of 3 months of free 1GB hosting service from the date of purchase of their Virtual Tour PRO license.
-Full version: once the trial period has elapsed, the client may only use the hosting service if he/she has contracted any of the hosting plans that 3dvista offers on their website.
4. PRICE AND INVOICING:
Software license. Licensee agrees to pay Licensor a one-time fee for the entire time contracted for the Software License plus the applicable Value Added Tax.
Invoicing and payment. Licensor shall issue an invoice for the total amount for the Software License electronically before the service is activated. Upon payment, Licensor shall allow Licensee to use the Service.
5. STORAGE CAPACITY:
The licensee acknowledges that his or her data will not be stored or maintained on 3DVista's servers, and that it will instead be stored on the servers of a third party service provider, in this case Google Cloud Platform (the "Third Party Server Provider") or similar.
The licensee represents and warrants that he/she is familiar with the terms and conditions under which his/her data will be stored with the Third Party Server Provider and that he/she is bound by them (For reference, read here: https://cloud.google.com/terms).
In the event that the supplier changes, 3dvista undertakes to inform the licensee as soon as possible.
3DVista will not have any responsibility for licensee’s data stored on third party servers (including loss, inaccuracy or corruption). In no event shall we be liable with respect to the subject matter of this Agreement under any contract, negligence, strict liability or other theory:
(i) for interruption of use or for loss, inaccuracy or corruption of data or for the cost of procurement of substitute goods, services or technology;
(ii) for any matter which is beyond 3DVISTA´s reasonable control; or
(iii) for any similar claim against the licensee or its affiliates by any other party. It is at the sole discretion of 3DVista to change to other third party service providers at any time and without explanation if deemed necessary.
Depending on the package the customer has chosen, he or she will be granted a number of GB for the hosting space and a certain amount of traffic (bandwidth) to accompany it. The general bandwidth limit is 3 times the GB hired as hosting space in the traffic bandwidth every day of the month.
As an illustration: With 1GB of contracted hosting space, your daily traffic could reach 3GB of bandwidth every day.
If the daily bandwidth limit has been reached, 3DVista reserves the right to stop serving the content for that specific day (error message "Service temporarily disabled"). Considering the start of a day 00.001 UTC.
Customer can monitor their bandwidth usage in real time on their cloud control panel by logging in with their respective hosting email address (username) and password under cloud.3dvista.com. Customer can also extend their hosting plan there, should they see that the bandwidth limit is insufficient.
8. PREVIOUS REVIEW OF THE HOSTED CONTENT:
3DVista will not exercise any control over the content of the information that passes through the network, email or website. Therefore, it cannot be held responsible in any way for the content hosted. If it becomes aware that a content is illegal or violates current regulations, it reserves the right to delete this content immediately and without prior notice.
8.1. Trademarks and copyrighted material.
The Customer warrants that he/she has the right to use any trademarks or copyrighted material used in connection with this service.
8.2. Refusal of service.
3DVista reserves the right, at its sole discretion, to refuse or cancel the service without refund. 3DVista also reserves the right to refuse and remove any information or materials, in whole or in part, that, in its sole discretion, are unacceptable, undesirable or in violation of this agreement.
8.3. ONCE THE SERVICES ARE TERMINATED FOR ANY REASON, THE USER CONTENT AND OTHER DATA WILL BE PERMANENTLY DELETED (without affecting customer’s local virtual tour projects).
9. TERMINATION OF THE CONTRACT
If the service cannot be continued, 3dvista reserves the right to terminate a customer's accommodation contract unilaterally and with 30 days' notice by email. Likewise, and under this circumstance, 3Dvista is committed to returning the proportional part of the annuity paid by the client until its expiry.
10. CONFIDENTIALITY AGREEMENT
Without prejudice to the provisions of the applicable law concerning the disclosure of these Terms and Conditions of Business to the competent authorities, the parties assume the strictest duty of confidentiality concerning the content of the discussions, negotiations and proceedings relating to their subject matter, and undertake not to disclose all or part of their content to third parties without the prior written consent of the other parties.
Without prejudice to the above, the Parties may disclose such information to companies in their same business group, employees and independent collaborators and consultants who need to know the information and undertake to keep it confidential on terms as strict as those set out in this document.
In addition, 3dvista undertakes to comply with the provisions on confidentiality in the following clause in those cases in which it may be considered to be in charge of processing personal data. This clause shall remain in force after the resolution or termination of this Contract or of any of the Services provided for herein.
11. PERSONAL DATA
In compliance with data protection regulations, 3DVista would like to inform the customer of the following aspects:
– 3DVista's identification data
3DVista España SL
Avenida Fernando de los ríos, nº 58
18006 Granada, Spain
– Web address and contact forms: www.3dvista.com
– Purpose and description of the processing of customer’s personal data for the management of the service:
At 3dvista we process your personal data in order to carry out, correctly, the professional management, the commercial relationship, the invoicing, as well as the contact with the client to facilitate the provision of the service.
– The legal basis for the processing of your data is the request for services through the acceptance of this contract, according to the terms and conditions detailed in it.
– The data may only be used for the purposes stated in accordance with the principles of transparency and purpose limitation. The data shall be transferred in those cases where this is legally required to the public entities with competence in the matter.
– In the event of international data transfers, these will be made with external providers who comply with the standard contractual clauses duly provided by the European Commission for this purpose.
– The personal data provided will be kept for the duration of the commercial and professional relationship, and subsequently must be kept for the general period of time established for the prescription of personal actions in civil law and the fulfilment of data conservation in order to comply with tax obligations.