Site Provider:   Mobal Pty Ltd (ABN: 91 119 059 255).

1.  Background

a. This Agreement is between the Photography Service Provider (the “Service Provider”) , the business whose premises are being photographed for the Street View Trusted program (the “Business”) and Mobal Pty Ltd (the ‘Site Provider”).
b. This Agreement incorporates the entire understanding between the parties relating to its subject and supersedes any prior agreements on that subject.
c. The only way to add or change this agreement is to do so in writing via email.

2. Street View Trusted program

a. The Service Provider is an independent contractor and neither the Service Provider nor any of its personnel are employees of Google.
b. The Service Provider is approved by Google to provide photography services to local businesses.
c. The Service Provider has access to the Street View Trusted platform for the purpose of uploading and publishing Street View Trusted images.

2. Service

a. “Service Provider” will take photographs of the exterior and/or interior of the business premises designated as suitable by the “Business”. The “Service Provider” will endeavor to use their best judgment and might suggest suitable areas to be photographed.
b. “Service Provider” will upload, process and publish the images to Google’s Street View Trusted platform.
c. “Service Provider” will complete services within a reasonable timeframe not with standing technical difficulties arising from the Street View Trusted platform or associated technologies.
d. In exchange for the “Service Fee” the “Service Provider” will assign all ownership rights of the photographs to the Business.

3. Service Fee Payment

a. This application uses a Credit Facility as a part of Payments system. It allows the primary receiver (“Site Provider”), to keep part of the payment whilst the project is in progress.
b. “Service Provider” and “Business” will agree on amount for the Street View Trusted photographs (“Service”) and related services (“Service Fee”). This will be the final bid amount that is accepted by the “Business”.
c. Business will deposit the “Service Fee” into Site provider’s Escrow Platform. (“Credit Escrow Account”).
d. “Service Fee” is required to be paid into the “Credit Escrow Account” to secure the booking.
e. “Service Fee” is required to be released from the “Credit Escrow Account” by “Business” to “Service Provider” on the day that the photographs are published.
f. When the project is completed, money held in Escrow is manually transferred to the second receiver (“Service Provider”).
g. In case of dispute, the  primary receiver will decide to refund money to the  “Business” or transfer it to the second receiver (” Service Provider”).
h. If a project runs for longer than 90 days and the funds were not released, this payment will be returned to the initial sender (“Business”).

4. Dispute

a. In the event of a dispute, the “Site Provider” will determine the  outcome of the dispute.
b. In determining the outcome of a dispute the following factors will be taken into consideration:

– do the images meet Google’s Image Acceptance & Privacy Policies
– do the images meet Google’s criteria for image quality, connectivity and appropriateness

c. Has the “Service” been delivered in accordance with project definition including:

– Number of positions
– Camera Type
– Date and Time
– Time-frame

4. Re-schedule or Cancel Service

a. “Service Provider” can re-schedule “Service if “Service Fee” is not deposited into (“Paypal Escrow Account”) within 72 hours of booking date.
b. “Business” must inform “Service Provider” no later than 72 hours of Booking Date if the “Business” requires the Booking Date to be re-scheduled.
c. “Service” can be cancelled by either “Business” or “Service Provider” no later than 72 hours of Booking Date.
d. If “Service” is cancelled by “Business”, the “Service Fee” will released back to “Business”.
e. Requests to cancel or re-schedule “Service” must be made via email.

5. Limited License

a. “Business” grants “Service Provider” a non-exclusive license to display images resulting from this Agreement as an example of Service Provider’s work.

6. Limit of Liabilities

a. In the unlikely event that the photographer is injured or becomes too ill to photograph the event, “Service Provider” will make every effort to secure a replacement photographer.
b. In the unlikely event that photographs have been lost, stolen, or destroyed for reasons within or beyond “Service Provider’s” control, “Service Provider’s” liability is limited to the return of the “Service Fee” received for the photography.
c. None of the parties will be liable for lost revenues or indirect, special, incidental, consequential, exemplary or punitive damages for any claim arising out of or related to this Agreement
d. None of the party’s aggregate liability for any claim arising out of or related to this Agreement will exceed the amount of the “Service Fee”.

7. Acceptance of Terms of Service

a. Once the “Business” has deposited the “Service Fee” into the “Stripe Escrow Account”, it is acknowledged that the “Business” has accepted the “Terms of Service” of the this Agreement

8. Acceptable Usage Policy

You are independently responsible for complying with all applicable laws in all of your actions related to your use of services, regardless of the purpose of the use. In addition, you must adhere to the terms of this Acceptable Use Policy