Photoplan

Terms & Conditions

01.01.20

BACKGROUND:

 These Terms and Conditions, together with any and all other documents that apply to the use of this Website., set out the terms of use under which you may use this website, www.photoplan.co.uk (“Our Site”). Please read these Terms and Conditions carefully and ensure that you understand them. Your agreement to comply with and be bound by these Terms and Conditions is deemed to occur upon your first use of Our Site. By accessing this Website and/or placing an order, you agree to be bound by these Terms and Conditions. Using this website indicates that you accept these terms regardless of whether or not you choose to order from us. If you do not accept these terms, do not use this Website.

  The term “Photoplan Ltd” or ‘us’ or ‘we’ refers to the owner of the website – Photoplan Ltd – whose registered address is 1 Towerfield Close, Southend-on-Sea, Essex, SS1 2UH. Our company registration number is Registered in England and Wales 05034747; Our VAT Registration number is GB 204655132; Photoplan Ltd contact telephone number is 020 3384 7766.

  The term ‘You’, ‘Your’, ‘Yours’ refers to a user, client or a viewer/visitor of our website. The term ‘We’, ‘Us’ ‘Our’ refers to Photoplan Ltd. 

  1. Introduction 

This is a legal agreement between Photoplan Ltd and You (‘You’ or ‘Your’). These terms and conditions of business shall apply to all commissions undertaken by Photoplan, unless otherwise specifically agreed in writing. By placing an order via email ([email protected]) or by telephone (020 3384 7766) you agree to be bound by these Terms and Conditions. All orders and requests for commissions or any additional services will be subject to Photoplan acceptance which will be notified to you when Photoplan confirms Your order which will be governed by these Terms and Conditions. Photoplan reserves the right to amend this agreement from time to time and new versions of this agreement will be posted or emailed to you. You should check this Website from time to time to review the current terms and conditions because they are binding to you. 

      1.1.     Photoplan is not required to undertake works under any circumstances in which their representatives feel exposed, unsafe or at risk in any way whatsoever.

     1.2. By accepting and agreeing to Photoplan’s Ltd terms and conditions, it does not inflict any responsibility to place a specific amount of orders. If the client decides to terminate a business relationship with Photoplan Ltd, there are no cancellation fees, but the client remains liable for work carried out and any invoices due. 

    1.3. Photoplan Ltd has the right to open or reject a credit account. To set up an account the company must be registered in Companies House and must have a running website and an email address with the same domain name. Online reviews might be taken into consideration as well.

  1. Placing orders

     2.1. Orders can be placed via email ([email protected]) or by telephone (020 3384 7766). All orders are considered as booked only upon the client receiving the confirmation email, not via the phone or through a verbal agreement.

   2.2. To complete a booking, we need a full address of the property including postcode, an approximate size, access details and a package required (photos and a floor plan, photos only, floor plan only, EPC etc.)

    2.3. It is Photoplan Ltd’s aim but not our guarantee that, wherever possible, all orders placed via e-mail or over the telephone (and confirmed in writing by email) received by us before 4 pm will be attended to the next working day, subject to access being available or the access contact being available. 

   2.4. Orders are based on “first-come, first-served” basis – Photoplan Ltd can advise the Client an availability over the phone, but cannot hold any slots without booking the slot for Client. 

   2.5. It is the Client’s responsibility to send Photoplan Ltd clear instructions. If any revisits shall occur because of incomplete, inaccurate instruction this will be at the Client’s expenses. 

   2.6. Orders placed will be delivered electronically via a secure link the next working day unless specified differently and agreed before the appointment. All images and floor plans (under 2,500 SQFT) are guaranteed to be returned to the email address used in placing an order by 6:00 pm the next working day, provided the property attendance appointment time is no later than 4 p.m. In the case of floor plans larger than 2,500 SQFT, Photoplan Limited will still endeavour to meet the delivery deadline but may sometimes need longer to make certain plans are correct before returning them to you. 

   2.7. Photos delivered will be in JPEG file format unless otherwise stated or instructed. We deliver hi-res and low-res versions if needed. Watermark service is available upon request for a fee too. As stated in paragraph 2.6 photos will be delivered via a secure link, which is valid 3 months only. Requests to receive past orders via a link, older than 3 months will be charged at £20 excluding VAT as a new link needs to be created.

  1. Pricing & Fees

    3.1. All prices quoted are exclusive of VAT and are subject to change at any time. 

    3.2. Price agreements are non-contractual and are subject to change. 

    3.3. A booking fee of £50 is included in all bookings, to secure the time slot for Client.

    3.4. Appointments cancelled with less than 3 hours notices will incur a fee of £50.

    3.5. All RICS Compliant Floor Plan prices shown when placing an order are based on a Gross External Area of up to 2000 sq. ft. If the property is larger than this then an additional £0.05 pence per SQ FT thereafter is charged. 

    3.6. All regular clients will be invoiced on the 10-working day of the month and payment must be received within the agreed payment terms of the agreement. If payment is not received within this time, Photoplan Ltd has the right to charge interest under the Late Payment of Commercial Debts (Interest) Act 1998. You will receive your Invoice via email unless we are otherwise Instructed by yourself. 

    3.7. A key collection from a single location and key return to the location within 3-mile radius from the property is included free of charge and any extra mile will be charged at £5 + £1.5 per mile.

  1. Cancellation policy

   4.1. Appointments cancelled with less than 3 hours notices will incur a fee of £50. This includes appointments where the photographer cannot gain access to a property through no fault of theirs, including if an agreed appointment with the vendor is not kept by the vendor. A morning appointment will need to be cancelled on the day before. This includes appointments cancelled due to bad weather. Cancelling an order which has not been booked as an appointment incurs no charge. Photoplan Ltd will assess each cancellation individually before applying cancellation charges. 

   4.2. If a Photoplan Ltd has been delayed and cannot start the job for more than 20 minutes, due to the lack of access to the property or other circumstances beyond our control (ongoing construction work, cleaning in process or wrong property address etc.), the Client will be charged the booking fee and the booking will be cancelled.

  1. Floor plans

   5.1. Our floor planers will use equitable ability and precaution in drawing floor plans. All floor plans supplied by Photoplan Limited strive to ensure the accuracy of our floor plans, however, measurements are approximate and our plans are for illustrative purposes only and should be viewed with this in mind. Whilst every attempt is made to ensure the accuracy, all measurements, positioning, fixtures, fittings and any other data shown are an approximate interpretation.

   5.2. Floor plans are not intended to be scale drawings and measurements and areas quoted are approximate, whether or not a suitable disclaimer appears on the drawing. Photoplan Limited will not be held liable for any incorrect measurements/calculations for any error or omission or inadvertent misstatement in a floor plan. 

   5.3. Garden/outside space measurements are approximate and will be shown in length and width only. If this consideration is of primary concern you should consider engaging a suitable RICS qualified Surveyor, although Photoplan Limited will always endeavour to measure with all possible accuracy. 

  5.4. It is the Client’s responsibility to ensure that the supplied plan correctly represents the property. Photoplan Limited accepts no liability if the valuation of the property is based on the measurements of the plan drawn by Photoplan Limited. 

  5.5. Photoplan Limited will amend floor plans within The Consumer Protection from Unfair Trading Regulations 2008 Act (CPRs) as requested by You although Photoplan Limited cannot accept liability for these parts not drawn and although this may not be stated on a floor plan it is inferred as per these terms.

  1. Photographs 

  6.1. At Photoplan every single image is manually converted from RAW format into JPEG and advanced editing as a standard is applied. Advanced processing includes: white balance correction and colours, correcting exposure, brightness, saturation and contrast, removing lens distortion and aberration, setting up correct perspective of the picture, adding blue sky, removing all the wires and unwanted items, switching on lights if needed, smoothing the beds covers, removing unwanted reflections just to name a few. 

 6.2. Photoplan Ltd takes no responsibility if Client is dissatisfied with the end result due to weather conditions or any other conditions that are out of Photoplan Limited direct control, including parked cars in front of the house. 

  6.3. It is Your responsibility to check photographs supplied to ensure that they are correct in all requirements. As part of placing an order You may choose photographs to be taken at the photographer’s discretion, please note if you select this option You will not be eligible for a free re-shoot, if specific shots are required they must be indicated when placing an order.

  1. EPC- Energy Performance Certificates

   7.1. EPC bookings will only be confirmed once EPC appointment has been agreed with DEA (Domestic energy assessor). The fee for EPC is £89 excluding VAT. 

   7.2. EPC will be sent within 1-2 working days from the DEA visiting the property. Excluding cases when the EPC Registry does not have an entry of such address in their Database or the turnover has been delayed by the EPC Registry for any other reason. 

   7.3. If there are any certificates or paperwork that can be used as evidence that can change the energy performance certificate results, they need to be provided to Photoplan Limited before placing the booking. Otherwise, EPC shall be created based on the data collected at the property and assumptions made by the software provided by an accredited certification body. 

   7.4. Any re-lodgement to update any information on the EPC shall be charged at £25 excluding VAT. 

  1. Your Obligations

   8.1. You are liable for £50 cancellation fee if Photoplan Limited is unable to gain access to the premises for an agreed appointment (Please refer to our Cancellation Policy in paragraph 4).

   8.2. You will be responsible for ensuring that the premises to be photographed or drawn for a floor plan are in a duly presentable state and Photoplan Limited reserves the right to not photograph a property which is unsuitable due to state of repair or cleanliness.

  8.3. You will be responsible for ensuring that the display and distribution of photographs, virtual tours, floor plans via internet, post, hand delivery, fax or email complies with all relevant legislation including without limitation, The Consumer Protection from Unfair Trading Regulations 2008 Act (CPRs). You warrant that you have the authority to commission the photography, production of a virtual tour, floor plan of the premises in question, including allowing Photoplan Limited photographer/floor planner access to the premises. 

  1. Copyrights & Intellectual Property

   Photoplan Limited shall exclusively own all copyright and other intellectual property rights relating to all visual material and resources produced by us including all material on this Website. All images supplied by Photoplan Limited are subject to copyright designs and patents act 1988 and remain the property of Photoplan Limited at all times. No images may be downloaded or used without express permission from Photoplan Limited for any purpose whatsoever.

  1. Limitations as to Use

 Digital resources produced for You by Photoplan Limited are available for use in Your company only and are not available for use in an affiliated or other company without express written consent of both Your company and Photoplan Limited. Photoplan Limited reserves the right to apply a processing charge where this circumstance is applicable to both You and Photoplan Limited. 

  1. Service Access

  11.1 While we strive to ensure that this Website is normally available 24 hours a day, we will not be liable if for any reason this Website is unavailable at any time or for any period. 

  11.2 Access to this Website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond our control. 

  1. Links to and From Other Websites

  Links to third party websites on this Website are provided solely for your convenience. If you use these links, you leave this Website. Photoplan Limited have not reviewed all of these third-party websites and do not control and are not responsible for these websites or their content or availability. We therefore do not endorse or make any representations about them, or any material found there, or any results that may be obtained from using them. If you decide to access any of the third-party websites linked to this Website, you do so entirely at your own risk.

  1. Viruses, Malware and Security

   13.1. We exercise all reasonable skill and care to ensure that Our Site is secure and free from viruses and other malware.

  13.2. You are responsible for protecting your hardware, software, data and other material from viruses, malware, and other internet security risks.

  13.3. You must not deliberately introduce viruses or other malware, or any other material which is malicious or technologically harmful either to or via Our Site. 

  13.4. You must not attempt to gain unauthorised access to any part of Our Site, the server on which Our Site is stored, or any other server, computer, or database connected to Our Site. 

   13.5. You must not attack Our Site by means of a denial of service attack, a distributed denial of service attack, or by any other means. 

   13.6. By breaching the provisions of sub-Clauses 9.3 to 9.5 you may be committing a criminal offence under the Computer Misuse Act 1990. Any and all such breaches will be reported to the relevant law enforcement authorities and We will cooperate fully with those authorities by disclosing your identity to them. Your right to use Our Site will cease immediately in the event of such a breach. 

  1. Disclaimers

 WEBSITE: 

   14.1. Nothing on Our Site constitutes advice on which you should rely. It is provided for general information purposes only.

  14.2. Insofar as is permitted by law, we make no representation, warranty, or guarantee that Our Site will meet your requirements, that it will not infringe the rights of third parties, that it will be compatible with all software and hardware, or that it will be secure. 

   14.3. We make reasonable efforts to ensure that the Content on Our Site is complete, accurate, and up-to-date. We do not, however, make any representations, warranties or guarantees (whether express or implied) that the Content is complete, accurate, or up-to-date.

   14.4. Photoplan Limited DISCLAIMER: “Photoplan Limited give notice that”:

  14.4.1. We prepare all our particulars in good faith, they should only be used as a general outline for the guidance and general information of intending purchasers or lessees, and to be used for marketing purposes only and do not constitute in whole or in part an offer or contract.             

  14.4.2. Reasonable endeavours have been made to ensure that the information given in our particulars is materially correct but any intending purchaser or lessee should satisfy themselves by inspection, searches, enquiries and full survey as to the correctness of each statement. 

  14.4.3. All statements in our particulars are made without responsibility on the part of Photoplan Limited 

  14.4.4. No statement in our particulars are to be relied upon as a statement or representation or warranty in relation to any property.

  14.4.5. Photoplan Limited has no authority to make any representation or warranty in relation to any property.

  14.4.6. Nothing in these particulars shall be deemed to be a statement that the property is in good repair or condition or otherwise nor that any services or facilities are in good working order. 

  14.4.7. Photographs may show only certain parts and aspects of the property at the time when the photographs were taken and you should rely upon actual inspection. 

  14.4.8. Any areas, measurements or distances quoted are approximate and should not be used to value a property or be the basis of any sale or let. 

  14.4.9. Photoplan Limited do not take into consideration any wall thickness when drawing floor plans, we therefore quote the gross internal area which may vary in respect of this. Photoplan Limited will not accept liability for differing calculations on floor plans and therefore advise all parties not to calculate property values based on supplied floor plans. We do not specifically measure door widths and these are given as standard 2’3” for internal doors and 2’6” for the entrance door. 

  14.4.10. Floor plans supplied by Photoplan Limited are for illustration purposes only and not drawn to scale. 

  14.4.11. Photoplan Limited floor plan measurements are written as standard always quoting the longest or largest measurement first. 

  14.4.12. Photoplan Limited floor plan square footage includes all chimney breasts, corner pillars, and other structural protrusions. We do not include restricted height (i.e. less than 5ft) unless specifically stated in the disclaimer. 

  14.4.13. Garages that are attached to the main building are included in the square footage only if they have door access from the house. 

  14.4.14. Photoplan Limited will exclude all stand-alone Out Buildings (Sheds, Stores and Garages) from the total square footage. 

  14.4.15. Photoplan Limited will exclude from the square footage all communal areas, communal staircases and any balcony and terrace area. 

Photoplan Limited use standard symbols for all internal features such as baths and sinks and these are for illustrative purposes only and do not indicate the actual size, location or style of fitting. 

  14.4.17. Photographers may refuse access to any rooms/spaces due to health and safety factors.

  1. Acceptable Usage Policy

   15.1. You may only use Our Site in a manner that is lawful. Specifically:

   15.1.1. you must ensure that you comply fully with any and all local, national or international laws and/or regulations; 

   15.1.2. you must not use Our Site in any way, or for any purpose, that is unlawful or fraudulent; 

  15.1.3. you must not use Our Site to knowingly send, upload, or in any other way transmit data that contains any form of virus or other malware, or any other code designed to adversely affect computer hardware, software, or data of any kind; and 

   15.1.4. you must not use Our Site in any way, or for any purpose, that is intended to harm any person or persons in any way. 

   15.2. We reserve the right to suspend or terminate your access to Our Site if you materially breach the provisions of this Clause 10 or any of the other provisions of these Terms and Conditions. Specifically, we may take one or more of the following actions: 

   15.2.1. suspend, whether temporarily or permanently, your right to access Our Site; 

  15.2.2. issue you with a written warning; 

  15.2.3. take legal proceedings against you for reimbursement of any and all relevant costs on an indemnity basis resulting from your breach; 

  15.2.4. take further legal action against you as appropriate; 

  15.2.5. disclose such information to law enforcement authorities as required or as We deem reasonably necessary; and/or

  15.2.6. any other actions which We deem reasonably appropriate (and lawful). 

  15.3. We hereby exclude any and all liability arising out of any actions (including, but not limited to those set out above) that We may take in response to breaches of these Terms and Conditions. 

  1. Privacy and Cookies

Use of Our Site is also governed by Privacy & Cookie Policy, available from  Privacy Policy. These policies are incorporated into these Terms and Conditions by this reference.

  1. Contacting Us

  To contact Us, please email Us at [email protected] or using any of the methods

  1. Communications from Us

  18.1. If We have your contact details, we may from time to time send you important notices by email. Such notices may relate to matters including, but not limited to, service changes and changes to these Terms and Conditions. 

  18.2. We will never send you marketing emails of any kind without your express consent. If you do give such consent, you may opt out at any time. Any and all marketing emails sent by Us include an “unsubscribe” link. If you opt out of receiving emails from Us at any time, it may take up to 14 business days for Us to comply with your request. During that time, you may continue to receive emails from Us. 

 18.3. For questions or complaints about communications from Us (including, but not limited to marketing emails), please contact Us at [email protected]

  1. Data Protection

  19.1. All personal information that We may use will be collected, processed, and held in accordance with the provisions of EU Regulation 2016/679 General Data Protection Regulation (“GDPR”) and your rights under the GDPR.

  19.2. For complete details of Our collection, processing, storage, and retention of personal data including, but not limited to, the purpose(s) for which personal data is used, the legal basis or bases for using it, details of your rights and how to exercise them, and personal data sharing (where applicable), please refer to Our Privacy Policy.

  1. Law and Jurisdiction

  20.1. These Terms and Conditions, and the relationship between you and Us (whether contractual or otherwise) shall be governed by, and construed in accordance with the law of England & Wales.

 20.2. If you are a consumer, you will benefit from any mandatory provisions of the law in your country of residence. Nothing in Sub-Clause 19.1 above takes away or reduces your rights as a consumer to rely on those provisions.

 20.3. If you are a consumer, any dispute, controversy, proceedings or claim between you and Us relating to these Terms and Conditions, or the relationship between you and Us (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of England, Wales, Scotland, or Northern Ireland, as determined by your residency.

20.4. If you are a business, any disputes concerning these Terms and Conditions, the relationship between you and Us, or any matters arising therefrom or associated therewith (whether contractual or otherwise) shall be subject to the non-exclusive jurisdiction of the courts of England & Wales.