Terms and Conditions
Welcome to the MH3D website. This website and its services are provided by MH3D, which is registered in Alberta, Canada. Please send all correspondence to MH3D, 15 Noble Court SW, Medicine Hat AB, T1A 4A2. TEL. 1 (587) 253-1905.
We ask that you not use this website if you in any way disagree with any provision of the agreement.
Please note that we may change, amend, alter, add to or delete from these terms (without prior notice to users at any time, at our sole discretion. You accept that your use of the MH3D website after a more recent version of this agreement is uploaded shall be deemed as your acceptance of the new terms and conditions.
ACCEPTABLE USE OF THE WEBSITE
We offer the MH3D website, its contents, services and materials for personal and non-commercial use only if you are 18 years or older, and can form legally binding contracts. By using this website and our capture services, you certify that you are at least the legal age of reasoning in your jurisdiction; and not legally barred from receiving our services.
GRANT OF RIGHTS
Once MH3D has received payment in full from the client, the following rights in the Work shall be granted to the client:
For use online as per the Client’s discretion including use on his/her website, any property listing websites, any social media pages, and through other promotional avenues specially targeted towards marketing the said project.
You understand and accept that clients may under no circumstances sell the Work, whether alone or in combination with other materials, except MH3D has specifically issued such client a written transfer of copyright.
MH3D operates within the Redcliff and Medicine Hat area. Please note that job sites beyond the Medicine Hat and Redcliff city limits will incur a travel charge, to be determined at our discretion.
PACKAGE SELECTION, PAYMENT & PRICES
You are not to consider your order for a project booked until you have selected a service, and received an email confirmation from MH3D.
All payments must be made in full to MH3D, on or before the specified time of product delivery. We will require clients to pay MH3D, whether through credit card or e-transfer, all fees owed following completion of the Capture Services, before release of the product.
In the case that the clients fails to pay any amount as at when due, without limiting any other remedies, we will have the right to suspend providing the 3D Services to Customer until such overdue amount is received.
MH3D will charge whichever is greater of a $50 fee or 20 percent of total package price (including all travel costs if applicable) in the case of cancellations made less than 24 hours to session time. Cancellation times are applicable to business hours which are between 9:00am to 5:00pm Mondays to Fridays.
MH3D will charge a cancellation fee of $100 for all on-site cancelations (including all travel costs if applicable) whether such cancellations occur before or during the scheduled appointment.
In the case that MH3D’s Photographer, Videographer, or other service provider meets no one at the premise where the session is scheduled to take place, he/she will leave the premises 30 minutes after the scheduled session start time, unless other arrangement has been made. The Client will then be charged whichever is greater of a $100 ‘no show’ fee, or 20 percent of total package price (including all travel costs if applicable).
You understand that a session shall be deemed ended once the Service Provider has left the premises. Should a client choose to add services after the service provider has left the premises, it will constitute a separate assignment.
The booking party shall be responsible for parking fees. All other charges incurred by the MH3D team on site will be added onto the invoice for reimbursement by client.
Please note that Matterport 3D hosting fees of $15/month will apply after the initial free hosting period of 3 months ends. Should you wish to cancel our cloud hosting service and have the tour removed from being publicly available online, you are to contact the MH3D team. Once you do, you will receive a confirmation of cancellation at least 3 business days before the expiry of your free hosting period.
You understand that our prices are subject to change without notice. Please contact us for an updated price list.
Under this agreement, all amounts payable by customer to Service Provider are exclusive of any sales tax. Each customer shall be liable for any sales tax associated with the capture service.
SERVICE LOCATION PREPARATION
As a potential client, you must prepare the Service Location in advance of Capture Services. This includes, but is not limited to:
The removal of confidential, private or unwanted items
The adjustment of furniture and/or decor to desired positions
Informing the Service Provider of specific rooms or areas to be excluded from our Capture Services
Ensuring that the Service Location is free of moving persons, objects, or pets
It is the responsibility of the customer to ensure that the Service Location is accessible on the day of Capture Service for up to 1 to 2 hours. Customer or a delegated representative must be present at the Service Location at the scheduled time of the Capture Services to approve Service Provider’s interpretation of the Captures Services to be provided.
We will consider a Service Location that has not been properly prepared (according to the guidelines above), as unready and will reschedule the date of Captures Service, in Service Provider’s sole discretion, except otherwise arranged.
Service Provider shall in no way be responsible for the disorder of any Service Location or for minor alignment issues, as well as mirror, glass, window, and reflective views.
Customers must cooperate in a timely and reasonable manner in connection with Service Provider’s performance of the Capture Services and provision of the 3D Services.
For residential real estate, MH3D agrees to deliver final images within 24 hours of session date. Delivery time for black and white floor plans is 1-2 business days. Delivery times for other services not specifically listed should be discussed with the MH3D office.
Please note that we can make arrangements for a new delivery date to be mutually agreed upon by both MH3D and client, should a Client request a specific delivery date.
To avoid delay of delivery, all required information such as but not limited to property description, logo, and contact information, must be provided to MH3D before the session date. Your failure to provide information or the provision of inadequate communication to the production team for a period of 3 days will result in the project being logged in ‘queue’. To un-log a project will require you to pay a $75 fee. Inadequate communication that lasts for 10 days will result in the project being archived, and you will be required to pay a $150 fee for MH3D to unarchive the project. You agree and accept that we will delete all files from our archives after 6 months.
Clients must download completed projects within 10 days of delivery date, after which the projects will be archived. A $50 fee will apply to unarchive completed projects. You however understand that projects can only be un-archived for 6 months after delivery date, at which point they will be deleted and no longer accessible.
Please understand that Matterport 3D Capture data is only kept for 15 days after delivery; you must request for modifications within this period of time. After the 15 day period is up, Capture data is deleted.
INTELLECTUAL PROPERTY RIGHTS
Except we plainly state so to the contrary, all materials, counting but not restricted to pictures, graphics, video clips, designs, icons, written content and all other materials made available on the MH3D website are trademarked, controlled, copyrighted, or licensed by MH3D or by other third parties who have licensed these materials to MH3D. All such materials are protected by US as well as international copyright laws.
The MH3D website, our page headers, logos, button icons, scripts, and service names included in or made available through MH3D are trademarks or trade dress of MH3D in the Canada and other countries. All rights reserved.
LIMITATION OF LIABILITY
You agree and accept that MH3D’s liability will be limited to and shall not under any circumstances exceed the refund of all payment paid towards a portion of the project that is affected, in the unlikely event that all or some of the photographs, measurements, videos, floor plans, or other mechanisms fail to materialize or if there is total photographic failure owing to reasons beyond MH3D’s control.
After 10 days of delivery, we will bear no liability for loss of materials from our archive drives, provided that we have delivered final product to client. Neither party shall bear liability for indirect or consequential losses. In any event, MH3D’s liability shall be limited to the Package Price paid by client.
You accept that MH3D, a limited liability entity, limits the personal liability of its officers and employees to the full degree allowable by law. You may therefore not bring any claim personally against MH3D’s officers or employees as a result of any losses, hurts or damages suffered by you in connection with the MH3D website or any service offered by the company.
The MH3D website is provided by MH3D only on an “as is” basis, and we give no guarantees or assurances that it will meet your requirements.
We make no representations or any warranties of any kind, direct or otherwise, regarding the operation of the MH3D website or the services, content, information, or materials displayed on the website.
We disclaim all other warranties, direct or otherwise (counting, but not limited to the implied warranties of fitness for a particular purpose and of merchantability) to the full extent permissible by applicable law. We shall in no way bear liability for any loss/damage (whether direct, secondary, penal, related, or far-reaching) arising from your use of this site.
We will not be liable to you or a third party for or any condition/event that is brought about by events outside our control that may cause our services to be late, interrupted, or degraded; any hurts, losses or damages of any type arising in connection with, or as a result of, using merchandise and MH3D.
Nothing included in this agreement is planned to exclude or to limit any legal responsibility in the case of death or injury arising from deception, carelessness, or any other liability which cannot be restricted or exempted by law, or that is aimed at limiting your statutory rights as a consumer.
This limitation of liability will not apply to you in the event that certain relevant law does not permit the limitation of liability as set forth above.
LINKS TO OTHER SITES
We may make available hyperlinks to the websites and online resources of other companies, organizations and third party websites on the MH3D website, but such links are provided just as a matter of user convenience. You must not take the provision of such links as an endorsement of the products, content, services, procedures and processes of such third party websites, except we specifically say so.
Affiliates of MH3D must carefully read through the content on our website and familiarize themselves with our services. You understand that you are representing the MH3D brand when speaking to prospective clients, and you must therefore so with utmost respect and professionalism. The relationship between MH3D and you is not an employer-employee relationship, and you admit that you cannot and will not contract any obligation or engage any responsibility on behalf of MH3D under any circumstances.
You agree to protect and hold MH3D, its associated companies, officers, executives, employees and managers harmless and blameless against all liabilities, costs, damages, attorneys’ fees and costs, rewards and other expenses connected to any claims or any actions brought against MH3D resulting from your breach of any section of this agreement or any other liabilities arising out of your use of the MH3D website.
Should any provision of these terms be adjudged to be invalid or unenforceable for any reason by a Canadian court having expert jurisdiction, then such a provision shall be made void while the remaining provisions shall survive and remain binding and enforceable.
Except where prohibited, all and any claims, disputes, as well as causes of action (whether directly or indirectly) arising out of your use of this website shall be resolved without recourse to any form of class action but individually.
This agreement is construed under Canadian laws and shall thus be so governed. You consent to submit to the exclusive jurisdiction of its courts.