Capture Services - Click Through Agreement
BY CLICKING THE “I ACCEPT” BUTTON DISPLAYED AS PART OF THE ORDERING PROCESS, YOU AGREE TO THE FOLLOWING TERMS AND CONDITIONS OF THE MATTERPORT CAPTURE SERVICES PROGRAM. IF YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND SUCH ENTITY TO THESE TERMS AND CONDITIONS, IN WHICH CASE THE TERMS “YOU” OR “YOUR” SHALL REFER TO SUCH ENTITY. IF YOU DO NOT HAVE SUCH AUTHORITY, OR IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, YOU MUST NOT SELECT THE “I ACCEPT” BUTTON AND YOU WILL NOT RECEIVE SCAN SERVICES.
This Matterport Scan Services Agreement (“Scan Services Agreement”) is entered into between Partner and Matterport Inc. with its headquarters located at 352 East Java Drive Sunnyvale, CA 94089 (“Matterport”), as of the date (“Effective Date”) that YOU (hereafter referred to as “Partner”) click “I Agree”
The Scan Services Agreement supplements the online Matterport Cloud Subscription Agreement, available at https://matterport.com/legal/cloud-subscription-agreement, or any successor agreement available at that URL (the “CSA”), which governs Your use of the Matterport Portal. Undefined capitalized terms used herein shall have the meaning set forth in the CSA.
WHEREAS, You desire to engage Matterport or its subcontractor to provide certain services necessary to scan requested locations (or physical addresses) (each a “Property”) for the purpose of creating a Model of the Property (“Services”).
NOW, THEREFORE, for adequate consideration, the sufficiency of which is hereby acknowledged, the parties hereby agree as follows:
- Capture of Properties.
- Matterport (or its subcontractors) will capture digital imagery (“Scan Services”) of each requested Property at a mutually agreed date and time, and You shall ensure that the Property is available to Matterport (or its subcontractors) at such date and time.
- You represent and warrant that You have all necessary permissions and consents to allow Matterport (or its subcontractors) to capture digital imagery of the Property and to host, display and distribute Models.
- For each requested Property, Matterport will deliver a shareable 3D model (“Model”). The Model will be delivered into the Subscription Plan associated with the email that is provided by You in the Job Form.
- Terms of Subscription.
- Services. You agree to pay the fees as presented in the follow-up email requesting You to confirm Your appointment. If payment is not received by Matterport within four (4) hours of the original booking submitted by You and received by Matterport, Matterport will cancel the appointment at no cost to You unless such appointment was scheduled to occur within 24 hours of scheduling, in which case there will be a Cancellation Fee.
- Cancellation Fee. If you cancel or reschedule a Scan Services appointment less than 24 hours before its scheduled time, You agree to pay a 50% cancelation fee (the “Cancellation Fee”).
- Subscription Plan. You agree to subscribe to a Matterport subscription plan to enable the hosting and publication of your Models. The subscription plans and their prices are listed on the Matterport website at https://buy.matterport.com.
- Ownership and Licenses.
Ownership and Licensing shall be determined pursuant to the CSA.
- Acceptance of Agreement.
The parties hereto agree to be bound by the terms and conditions of the CSA. In the event of any conflict between the provisions of this Agreement and those of the CSA, the provisions of this Agreement shall govern with respect to the subject matter of this Agreement.
- You must provide Matterport permission to access your Subscription Plan in order to add Scan Technicians for uploading Models.
- You are responsible for providing access to the Property on a scheduled date and time. If the Scan Technicians cannot access the space on the scheduled date and time, and/or they cannot reach the on-site contact, the Service will be canceled, and You will be charged a Cancelation Fee.
ATTENTION! THE PRECEDING TERMS AND CONDITIONS WILL BE LEGALLY BINDING UPON YOU BY CLICKING THE “I AGREE” BUTTON DISPLAYED HEREWITH. YOU SHOULD CAREFULLY READ THE PRECEDING AGREEMENT GOVERNING THE MATTERPORT REFERRAL PROGRAM BEFORE CLICKING “I AGREE.” BY CLICKING “I AGREE” YOU ARE REPRESENTING THAT YOU HAVE AUTHORITY TO ENTER INTO THIS AGREEMENT ON BEHALF OF YOUR COMPANY (OR OTHER LEGAL ENTITY). IF YOU DO NOT HAVE SUCH AUTHORITY OR YOU DO NOT AGREE WITH THE TERMS AND CONDITIONS CONTAINED HEREIN YOU MUST NOT CLICK “I ACCEPT” AND YOU WILL NOT RECEIVE SCAN SERVICES.