Terms and Conditions

1. Agreement
These Terms and Conditions apply to services provided by Virtual Imaging Tours LLC ("VIT"), as outlined in the Proposal or Service Agreement. The Proposal/Service Agreement and these Terms together form the "Agreement." The entity signing the Proposal is the "CLIENT." By contracting VIT, you agree to the full terms and conditions.

2. Scope of Services
VIT provides only the services specified in the Proposal or Service Agreement. Additional services must be requested in writing and will be billed separately based on VIT’s current rates.

3. Professional Licensing
VIT does not offer construction, architectural, land surveying, or engineering services requiring professional licenses. CLIENT is responsible for hiring licensed professionals separately. VIT is not liable for their work.

4. Standard of Care
VIT will perform services consistent with industry standards at the time and location of the project. No additional warranties or guarantees are provided.

5. Client Responsibilities
CLIENT must ensure that the site is prepared and ready for VIT to perform services safely and efficiently. This includes, but is not limited to:

  • Project Information: Provide all necessary project information, plans, and documentation prior to services being rendered.
  • Site Conditions: Disclose any known hazardous conditions, safety risks, or obstructions that could impede work. Ensure the site is safe, accessible, and free from hazards for VIT personnel and equipment.
  • Access & Permissions: Supply safe, unobstructed access to all areas to be documented, including functioning locks, keys, or codes for lockboxes as required. VIT is not responsible for delays due to denied or restricted access.
  • Lighting & Utilities: Ensure adequate lighting and, if applicable, power for interior data capture. If power is unavailable, CLIENT acknowledges that portable lighting may be required, which may incur additional time or fees.
  • Permits & Approvals: Obtain all required permits, approvals, and consents necessary for VIT to perform services.
  • Timely Review & Communication: Review and approve VIT’s work in a timely manner. Notify VIT promptly of any project changes, delays, or site conditions that could affect services.
  • Site Readiness Fees: CLIENT acknowledges that if the site is not ready (unsafe, inaccessible, or insufficiently prepared), or if VIT must wait for access, lighting, or other conditions to be addressed, on-site wait time or additional trips may be billed at VIT’s standard rates.

6. Invoicing and Payments

  1. VIT invoices upon services rendered, with final payment due upon service completion and delivery, unless otherwise agreed in writing.
  2. CLIENT must notify VIT within two weeks of any billing disputes.
  3. Payments are due upon receipt; late payments accrue a 12% annual interest fee and may be subject to collection action.
  4. Larger projects may require a deposit at scheduling.
  5. Cancellations with 24 or less hours of the scheduled service that are not rescheduled will result in a non-refundable fee of 50% of the service value or $250, whichever is greater.
  6. If a technician arrives and service is canceled, access is denied, or CLIENT/tenant is a no-show, an on-site cancellation fee of 50% of the service will apply, plus any applicable wait time costs. On-site wait times are billed at $100 per hour.
  7. CLIENT is responsible for all costs of collection, including attorney’s fees and court costs, if payment is not received.

7. Right of Entry
The CLIENT shall ensure safe access to the site for VIT to perform its services, including executing any necessary site access or license agreements. VIT will not be required to sign third-party site access agreements. While VIT will take reasonable precautions to minimize damage to the property, the CLIENT acknowledges that some incidental damage may occur in the normal course of work. Unless specified in the Proposal or caused by VIT’s negligence or willful misconduct, VIT will not be responsible for correcting such damage.

8. Job Site Safety and Control of Work
Unless expressly agreed in writing under a separate contract, VIT is not responsible for the overall safety program of the Project or for the safety of any entity or individual other than VIT and its contractors. The presence of VIT personnel at the site does not imply responsibility for the safety of others.

9. Existing Conditions and Subsurface Risks
VIT shall not be responsible for unknown subsurface or concealed conditions not disclosed by CLIENT. CLIENT indemnifies VIT for claims relating to such conditions, except in cases of VIT negligence or willful misconduct.

10. Indemnification
To the extent permitted by law, VIT agrees to indemnify CLIENT for damages caused by its negligence or willful misconduct. CLIENT agrees to indemnify VIT from claims arising out of site conditions, errors in CLIENT-provided data, or unauthorized use of deliverables. Independent contractors engaged by VIT are required to maintain their own insurance and are not employees of VIT.

11. Limitation of Liability
VIT’s total liability to CLIENT shall not exceed the total compensation received by VIT or $10,000, whichever is greater, after applying available insurance proceeds.

12. Waiver of Consequential Damages
Both parties waive claims for consequential damages, including lost profits or business opportunities.

13. Insurance
VIT maintains general liability insurance of at least $1,000,000. Certificates of insurance are available upon request.

14. Force Majeure
Neither party is liable for delays caused by events beyond reasonable control, including natural disasters, labor disputes, pandemics, or CLIENT-related delays.

15. Project Deliverables
All deliverables remain the property of VIT unless otherwise agreed. CLIENT may not modify or redistribute deliverables without written consent.

16. Conflicts of Interest
VIT may provide services to other clients with unrelated interests. CLIENT’s confidential information will not be disclosed except as legally required.

17. Termination and Suspension
Either party may terminate with 7 days’ written notice for non-performance. CLIENT’s non-payment may result in suspension or termination.

18. Successors and Assigns
This agreement binds the parties and their successors. Assignments require written consent.

19. Dispute Resolution
Disputes shall be mediated first, with legal proceedings brought in Dallas County, Texas, within one year of substantial service completion.

20. Governing Law
This agreement is governed by the laws of the State of Texas.

21. Entire Agreement
This agreement, the Proposal, and any written service agreements constitute the full agreement and supersede all prior terms.

By scheduling services with Virtual Imaging Tours, you agree to the terms and conditions as outlined.