THM Group, operating through its Panora Studio production division outlines terms
1. Payment Terms
- 1.1. Deposit: 30% of the quoted project cost is due upon acceptance of this quotation to confirm the scanning date.
- 1.2. Balance: The remaining 70% is due within 30 days of virtual tour delivery.
- 1.3. Annual Hosting & Support: Invoiced annually in advance, payable within 30 days of invoice date.
- 1.4. Late Payment: Invoices not paid by the due date will accrue interest at 10% per annum from the due date. If payment is not received within 30 days of the due date, a collection fee of 10% of the outstanding amount (minimum €50) will be charged.
- 1.5. All pricing is exclusive of VAT (21%). VAT will be added to invoices as per Dutch regulations for Dutch companies.
- 1.6 VAT Exemption: Clients with a valid VAT registration number (EU or international) may provide proof of their VAT registration. Upon verification, THM Group will issue invoices without VAT (reverse charge or intra-community supply basis, where applicable). Client must provide a valid VAT number before invoice generation. THM Group reserves the right to verify VAT registration status with tax authorities. Failure to provide a valid VAT number will result in standard VAT (21%) being applied to all invoices.
2. Delivery Timeline
- 2.1. Virtual tours will be delivered within 60 calendar days from the date of completed onsite scanning.
- 2.2. Delivery timelines are estimates and not binding commitments. Delays do not entitle Client to damages or cancellation.
- 2.3. Any delays caused by Client will extend the delivery timeline proportionally.
3. Client Responsibilities
- 3.1. Client shall ensure venue access and room readiness on the agreed scanning date.
- 3.2. Client shall provide all necessary venue information (floor plans, room names, capacities) at least 5 business days prior to scanning.
- 3.3. Client is responsible for obtaining necessary consents if individuals appear in scanned spaces (GDPR compliance).
- 3.4. Operational Delay Fee: €495 ex. VAT per 4 hours applies only when delays are caused by Client (e.g., rooms not ready, restricted access, key unavailability).
4. Hosting
- 4.1. Virtual tours must remain hosted on the Matterport Cloud to function and be accessible online.
- 4.2. Annual hosting fees are recurring and mandatory to keep your tour live, secure, updated, and fully supported.
- 4.3. Without active hosting, the virtual tour will not be accessible to end users.
5. Cancellation & Rescheduling
- 5.1. Cancellations made less than 7 business days prior to the scheduled scanning date will result in forfeiture of the 30% deposit.
- 5.2. Rescheduling requests must be made at least 7 business days in advance. Requests made with less notice may incur rescheduling fees at THM Group’s discretion.
6. Intellectual Property Rights
- 6.1. Upon receipt of full payment, Client receives a worldwide, non-exclusive, royalty-free license to use the virtual tour for marketing and promotional purposes.
- 6.2. THM Group retains the right to use the work as portfolio samples, case studies, and marketing materials.
- 6.3. Ownership of all deliverables remains with THM Group until full payment is received.
7. Warranty
- 7.1. Virtual tours are provided “as-is.” THM Group makes no warranties regarding specific business outcomes or results (e.g., increased bookings, lead generation).
- 7.2. Satisfaction claims must be submitted in writing within 7 days of delivery.
8. Limitation of Liability
- 8.1. THM Group’s total liability arising from this agreement is limited to the total fees paid for the specific project.
- 8.2. THM Group shall not be liable for any indirect, consequential, incidental, or special damages, including but not limited to lost profits, business interruption, loss of data, or reputational harm.
- 8.3. This limitation applies regardless of the cause of action (negligence, breach of contract, tort, or otherwise).
9. Data Protection & Privacy
- 9.1. THM Group processes personal data in accordance with GDPR and applicable Dutch privacy laws.
- 9.2. Client warrants that any data provided is accurate and lawfully obtained.
- 9.3. Client is responsible for obtaining necessary consents from individuals who may appear in scanned spaces.
- 9.4. For detailed information, refer to THM Group’s Privacy Policy available upon request.
10. Force Majeure
- 10.1. THM Group is not liable for delays or failure to perform caused by events beyond reasonable control, including but not limited to pandemics, natural disasters, strikes, government restrictions, or cyber attacks.
- 10.2. In such events, THM Group may suspend or cancel this agreement without penalty. Client forfeits no deposits already received; instead, they are applied to rescheduling when circumstances permit.
11. Quotation Validity
- 11.1. All quotations are valid for 30 days from the date of issue, unless otherwise stated in the quotation.
- 11.2. Quotations become binding upon written, signed or email acceptance by Client.
- 11.3. Acceptance of this quotation constitutes acceptance of these Terms and Conditions.
12. Complaint & Dispute Resolution
- 12.1. Any complaints regarding deliverables must be submitted in writing within 7 days of delivery.
- 12.2. Client must describe the specific issue and provide supporting details.
- 12.3. THM Group will respond to complaints within 5 business days.
13. Governing Law & Jurisdiction
- 13.1. This agreement is governed by and construed in accordance with Dutch law.
- 13.2. Any disputes arising from this agreement shall be subject to the exclusive jurisdiction of the District Court of Amsterdam, The Netherlands.
- 13.3. Parties agree to attempt informal resolution before pursuing legal action.
14. Amendments & Updates
- 14.1. THM Group reserves the right to amend these Terms and Conditions at any time.
- 14.2. Material changes will be communicated to active clients. Continued use of THM Group’s services constitutes acceptance of amended terms.
15. Acceptance
- 15.1. By signing the quotation or replying “I accept” via email, Client acknowledges having read, understood, and agreed to all Terms and Conditions set forth herein.
Company name: THM Group
VAT number: NL002101215B64
Chamber of commerce: 73694649