Limited Liability Company “Biganto”, 34, Rozhdestvenskaya St., Office III, room 2, Moscow, Russia, 111674, OGRN 5147746251835, INN 7721849467, represented by its General Director, S.M. Kazadaev acting pursuant to the Charter, hereinafter referred to as the “Contractor”, hereby offers to the public, hereinafter referred to as the “Customer”, provision of fee-based services and works related to creating and using virtual tours, visualizations, renders, and 3D models.
In accordance with Article 437.2 of the Civil Code of the Russian Federation, this offer is a public offer (hereinafter the contract), with the full and unconditional acceptance thereof being the payment, in full or in part, for the Contractor’s services/works indicated on the Contractor’s web-site: https://biganto.com/ (hereinafter the services).
Terms and Definitions
“Request” means the Customer’s order with the description of and requirements to a virtual tour, visualization, or render filled in on the Contractor’s Site.
“Customer” means a sui juris individual of the full legal age who filled in a Request on the Contractor’s Site.
“Visualization” means a real property item 3D-modelling process.
“Virtual Tour” means a web page available in the Internet that demonstrates a realistic image of the three-dimensional space of a real property item with the possibility of moving within the space and viewing angle variation.
“Project” means a real property item.
“Render” means a photorealistic image derived from the 3D-model.
“Party” or “Parties” means the Customer and the Contractor.
“Contractor’s Site” or “Site” means a total of computer programs and other information contained in the information system with access thereto provided via the Internet data telecommunications network according to domain names and/or network addresses allowing site identification in the Internet https://biganto.com/.
“3D-model” means a virtual tour variety with the possibility of viewing the Project from outside without moving within the Project.
1. General provisions
1.1. The Contractor hereby undertakes, on the Customer’s Request, to perform, on the basis of the original materials provided by the Customer and executed according to the Contractor’s technical requirements available on the Contractor’s Site: https://biganto.com/about/tech/, the following works and services:
creation of virtual tours, in particular, with the possibility of access to the personal account in order to run the tour and create promo materials based thereon, and the possibility of recording the prepared tour movement route for the purpose of its automatic demonstration, adding interactive tags with popping-up information, and sound recording;
creation of visualizations, renders, 3D models of the Customer’s projects;
making them available on the Contractor’s servers and providing access to them in the Internet for the public via the Customer’s domain zones;
and the Customer hereby undertakes to accept and pay for such Services.
1.2. The Contractor shall make the Service Deliverable available to the Customer by sending a clickable link to the file to the Customer’s electronic mail address indicated by the Customer in its Request.
1.3. The Contractor shall guarantee that the Customer will be granted the right to use the virtual tours, visualizations, renders, and 3D models created under the contract under the terms and conditions of an ordinary (non-exclusive) license for a term of 3 (three) years of the date of the execution of the statement as provided for by the License Agreement.
1.4. The Customer shall provide original materials needed for the provision of services at the time of the execution of the Request. All materials shall meet the Contractor’s technical requirements available at: https://biganto.com/about/tech/, otherwise the Contractor shall not be held liable for potential incorrect results.
1.5. The contract signing shall mean the Customer’s agreement with the quality of the Contractor’s works performed according to samples available at the site https://biganto.com/.
1.6. The Customer reviewed and accepted the minimum technical characteristics of the equipment (computer) for running virtual tours, visualizations, renders, or 3D-models.
1.7. The Contractor shall not guarantee the correct performance of the Service Deliverable, in case of the presence or subsequent installation of conflicting software and hardware on computer(s) of the Customer (and persons who used the link on the Customer’s site).
1.8. The term and cost of provision of Services shall be determined by the Contractor following the provision by the Customer of the original materials in full and shall be communicated to the Customer in the personal account and/or by giving a relevant notice.
1.9. The Customer hereby acknowledges that the Customer has read and accepted the terms and provisions of the License Agreement.
2. Access to Services
2.1. To obtain access to Services, the Customer shall create a user account by entering the required information in the registration form fields. By registering on the site, the Customer consents to processing of personal data.
2.2. To enter the personal account on the Contractor’s Site, the Customer shall be sent a password to the electronic mail address indicated by the Customer upon registration. The Customer shall be responsible for safekeeping the password and protection of the personal account against unauthorized entry.
3.1. The Contractor shall provide Services at the rates indicated in the price schedules, bonus programs and special offers available on the Site.
3.2. Settlements shall be made in Russian Rubles.
3.3. The Customer shall pay for the Contractor’s Services the full price of the order, with the information thereof provided by the Contractor in the Customer’s personal account and/or by giving a relevant notice, using any method provided by the site prior to the commencement of Services. Return of the money paid is not provided for.
3.4. The Contractor shall guarantee secure payment via the site by using 3DSecure protocols and technologies: buyer identity verification when effecting payments via public networks, carried out in accordance with international standards Verified by Visa, MasterCard SecureCode and the national payment system Mir Accept. Within this technology, buyer identity verification is carried out on the server of the issuing bank.
3.5. The Contractor shall guarantee security in accordance with PCI DSS Standard (Payment Card Industry Data Security Standard) – standard for protecting information developed by international payment systems MasterCard Worldwide, Visa International, national payment system MIR and used by their participants in exchange of information under transactions (Site Data Protection Account for MasterCard Worldwide, Information Security for Visa International, Mir Accept for national payment system MIR).
4. Technical requirements
4.1. The Customer acknowledges that he has read and understood the technical requirements to original materials, available on the Contractor’s Site: https://biganto.com/about/tech/.
5. Rights and obligations of the Parties
5.1. The Contractor shall:
5.1.1. Proceed to performance of its obligations on the date of receipt of the Customer’s original materials and payment in full.
5.1.2. With no express instructions from the Customer in the в Request, use the Customer’s original materials unchanged.
5.1.3. The Contractor’s Services related to checking the materials provided by the Customer for faults or defects (including in settings of light, texture, etc.) shall be separately paid for by the Customer based on the invoice issued by the Contractor.
In case of discovery of any defects in the created virtual tour, visualization, render, or 3D-model related to the defects in the original materials provided by the Customer, their correction and reassembly of the corrected material shall be separately paid for by the Customer based on the invoice issued by the Contractor.
5.1.4. Provide to the Customer the necessary technical support on the matters connected with the provision of Services.
5.2. The Contractor may:
5.2.1. If the Customer fails to pay for the Services in due time or in full, restrict access to the Service Deliverable/suspend provision of Services.
5.2.2. Unilaterally extend the time for provision of Services, if the Customer provided original materials that require improvement/correction, by the time period necessary for removal of defects by the Customer or the Contractor, when the Parties have agreed that such works shall be performed by the Contractor.
5.3. The Customer shall:
5.3.1. Provide to the Contractor the original materials necessary for the provision of Services and made according to the Contractor’s technical requirements as provided for by Section 3 hereof.
5.3.2. In due time accept the Services provided by the Contractor in accordance with the procedure and within the time provided for by the contract and the Contractor’s invoice.
5.3.3. Promptly and free of charge provide input data, and additional materials at the Contractor’s request, necessary for provision of Services.
5.4. If the original materials provided to the Contractor have defects that may be discovered by the Contractor exclusively in the course of work, upon the receipt of the relevant notice from the Contractor, the Customer undertakes, at its own discretion:
5.4.1. to remove the defects and provide new original materials to the Contractor;
5.4.2. to instruct that the defects in the original materials be removed by the Contractor. The cost of such services shall be additionally paid by the Customer based on the invoice issued by the Contractor.
6. Delivery and acceptance of Services
6.1. Within 3 (three) business days of sending to the Customer’s mail box of the Contractor’s Statement of Delivery and Acceptance of Services, the Customer shall sign such Statement and send a scan of the signed Statement to the Contractor or give the Contractor a reasonable refusal to sign the Statement.
If the Customer fails to send the Contractor the signed Statement of Delivery and Acceptance of Services or a reasonable refusal to sign the Statement within the time referred to above, the Services shall be deemed as properly provided and accepted by the Customer unconditionally and in full, and the Contractor shall unilaterally execute the Statement of Delivery and Acceptance of Services and make therein a respective note on non-signing thereof by the Customer within the time provided for by the contract.
6.2. The Contractor shall send the signed Statement of Delivery and Acceptance of Services or reasonable refusal to sign the Statement to: firstname.lastname@example.org.
7. Grant of rights
7.1. The Contractor shall grant the Customer the right to use the virtual tours, visualizations, renders, 3D models created at the Customer’s Request, under the terms and conditions of an ordinary (non-exclusive) license for a term of 3 (three) years, worldwide, and in the following ways: reproducing, public demonstration by making available a clickable link on the Customer’s site, making the clickable link available to the public in such a way that any person might get access to such link from any place and at any time of their own choosing (making available to the public).
7.2. The Customer shall not:
- change HTML code for making available the Service Deliverable on other web sites;
- parse, decompile and modify programs for reproducing the Service Deliverable and make them available on its web sites.
7.3. The Contractor may use the materials received from the Customer due to provision of Services to publicize its own services/works, including by placing on the Internet site.
7.4. The Customer agrees that the Service Deliverable under the contract may contain information about the Contractor, including, but not limited to, by placing the Contractor’s logo (Biganto).
7.5. The Customer agrees that any imitation, in whole or in part, of the Contractor’s work shall be prohibited.
7.6. The right to use the Service Deliverable granted to the Customer may not be transferred by the Customer to any third parties without prior written consent of the Contractor.
7.7. All working documents, electronic data and records created by the Contractor due to provision of Services shall be kept by the Contractor.
7.8. The Customer agrees that the Contractor may at any time edit and make changes in visualizations, renders, 3D-models and virtual tours, including those concerning program update, in order to improve their performance, and use them at its own discretion, including, but not limited to, in advertising.
7.9. Upon payment for the Services in full, the rights to use the virtual tours, visualizations, renders, and 3D models created under the contract shall pass to the Customer, in accordance with para. 7.1 of the contract and License Agreement.
8. Confidentiality. Guarantees.
8.1. The Parties undertake not to disclose or divulge to third parties confidential information provided to each other for the purpose of fulfilling the terms of the contract and not to use such information without prior written consent thereto of the Party that provided such information, both throughout the term of this contract and within 3 (three) years after its termination, and to ensure such non-disclosure and non-use of confidential information by their employees.
8.2. The Customer shall acknowledge that it has all the rights to the original materials provided by the Customer under this contract, including copyrights and rights of use, and shall consent to their use by the Contractor. The Customer shall indemnify the Contractor against any third party claims in connection with such violations.
8.3. Legal permissibility risk in respect of the Customer’s orders shall be borne by the Customer. This shall apply, in particular, to orders that are at variance with, including, but not limited to, competition, copyright and advertising legislation.
8.4. The Contractor shall not be liable for information on products and services contained in the Customer’s input data, and for protection of patents, copyrights, trademarks or registration of ideas, proposals, projects made available for provision of Services under the contract.
8.5. In case of any claims made against the Contractor contrary to the Customer’s guarantees presented in this contract, the Customer undertakes to settle such claims on its behalf and for its own account, including through any process of law, and reimburse the Contractor for all expenses incurred by the Contractor in connection with such decision.
8.6. The Contractor shall only be liable for willful and wanton damage caused by the Contractor (the Contractor’s employees), and for breach of the contract. The Contractor’s liability under the contract shall be limited to the price of the contract.
9. Minimum technical characteristics of equipment (computer) for running Virtual Tour:
To check the correct operation, the computer and browser shall be tested for WebGL support on https://get.webgl.org/.
If required for an alternative reproduction method, the Customer may use the software (VR player), with the download link thereto also provided by the Contractor upon completion of the works.
Minimum technical characteristics of equipment (VR-headsets supported by Steam VR) to run Virtual Tour:
VRpanoplayer (recommended requirements)
Oculus Rift (minimum requirements)
To autotest the system, use necessary SW link.
HTC Vive (minimum requirements)
To autotest the system, use necessary SW link.
In future VR player versions the system requirements may be changed. The Customer shall keep track of such changes by itself.
10.1. The Contractor shall not guarantee continual availability of the service and shall not be held liable for data delay and loss, no connection, slow connection or any other similar problems due to the circumstances beyond the Contractor’s control.
10.2. The Contractor shall not be liable for potential delays in fulfilling the Request caused by the provision by the Customer of original materials with defects or the Contractor’s equipment faults.
10.3. The Contractor shall not be liable for the incorrect operation of the Service Deliverable, unstable service operation, loss of the Customer’s files and any related Customer’s losses, unless otherwise provided for in an additional agreement between the parties.
10.4. The parties shall be exempt from liability for full or partial failure to perform their respective obligations under the contract, if such failure to perform was caused by force majeure events, i. е., extreme and unavoidable in the circumstances events that the parties could neither foresee nor prevent using reasonable efforts. Upon the occurrence of such events, the affected party shall, within 48 hours of the commencement of such events, inform thereof the other party in writing indicating the nature of such events and an assessments of their impact on the performance of such party’s obligations.
11. Final provisions
11.1. Invalidity of any part of the contract shall not entail invalidity of the other parts thereof, if it can be supposed that the contract could have been operative without such invalid part.
11.2. This offer may be withdrawn by the Contractor. The offer shall be considered as withdrawn upon the relevant notification of the addressee as provided for by provisions of Article 165.1.1. of the Civil Code of the Russian Federation.
11.3. On all other matters not covered by this contract, or in case of any disputes between the parties, the parties shall act in compliance with the applicable legislation of the Russian Federation.
The place of performance and court of jurisdiction will be determined at the place of registration of the Contractor.