TERMS AND CONDITIONS
1. Introduction
This is a legal agreement between Estate Graphics and You (‘You’ or ‘Your’). These terms and conditions of business shall apply to all commissions undertaken by Estate Graphics, unless otherwise specifically agreed in writing. By using an online order form or by ordering via telephone, fax, post or email you agree to be bound by these Terms and Conditions. All orders and requests for commissions or any additional services will be subject to Estate Graphics acceptance which will be notified to you when Estate Graphics confirms your order and will be governed by these Terms and Conditions. Estate Graphics reserves the right to amend this agreement from time to time and new versions of this agreement will be posted on Estate Graphics web site.
2. Estate Graphics Commissions
Estate Graphics provides various services from time to time, which may include without limitation filming and photographing premises, processing panoramic images, creating virtual tours, draughting floor plans, hosting web pages and printing particulars. Estate Graphics reserves the right to reject any commission.
Furthermore, Estate Graphics will undertake the photographs it believes to be appropriate including exterior shots, subject to weather conditions. Estate Graphics will not take exterior photographs in rainy or wet conditions, due to the sensitivity of the equipment in use. A banded summary is detailed below to identify the number of images that Estate Graphics will take should the conditions be favourable. Estate Graphics will not, unless by prior agreement, return to take outdoor photographs at a later date.
Band |
Minimum number of interior shots (where possible) |
Minimum number of exterior shots (subject to weather conditions) |
1 |
4 |
1 |
2 |
5 |
1 |
3 |
6 |
2 |
4 |
7 |
2 |
5 |
8 |
3 |
3. Estate Graphics Fees
Estate Graphics fees are subject to change from time to time. Estate Graphics fees are payable immediately on supply of an invoice on completion of the commission Estate Graphics reserves the right to charge interest at 4% above Barclays Bank base rate from time to time for any amounts outstanding beyond 30 days. All invoices are subject to VAT where applicable. If, despite reminders you have still not paid any amount outstanding after 90 days, then Estate Graphics reserves the right to add a charge of £500 to the outstanding amount to cover debt collection administration.
4. Photographs and Virtual Tours
Estate Graphics will use reasonable skill and care in shooting photographs and preparing virtual tours in fulfillment of a commission. It is your responsibility to check photographs and virtual tours supplied to ensure that they are correct in all requirements. Your attention is drawn to clause 8 below which covers the limitation of Estate Graphics liability.
5. Floor Plans
Estate Graphics will use reasonable skill and care in sketching and draughting floor plans. All floor plans supplied by Estate Graphics are intended for indicative purposes only, they are not intended to be scale drawings and measurements and areas quoted are approximate, whether or not a suitable disclaimer appears on the drawing. Estate Graphics draws your attention to the requirements of the Property Misdescriptions Act 1991 ('PMA'). It is your responsibility to ensure that a floor plan is an accurate representation of the property. Estate Graphics accepts no liability whatsoever for any error or omission or inadvertent mis-statement in a floor plan.
6. Web Hosting
Where Estate Graphics agrees as part of a commission to host files on Estate Graphics web server, then in the absence of a specific agreement to the contrary, such hosting will be provided for a period of 1 year only. At the expiry of this 1 year period, or such other period as shall have been agreed, Estate Graphics will have the right, without notice, to remove the files from its web server. Estate Graphics may offer to extend the web hosting for a fee to be agreed between the parties.
7. Your Obligations
You will be liable for the full cost of a commission tour if Estate Graphics employees or agents are unable to gain access to the premises for an agreed appointment. If another appointment is made to shoot the premises, this will be at an additional cost to be agreed between the parties. You will be responsible for ensuring that the premises to be filmed, photographed or drawn for a floor plan are in a suitably presentable state. You will be responsible for ensuring that the display and distribution of photographs, virtual tours, floor plans and printed particulars, via internet, post, hand delivery, fax or email complies with all relevant legislation including without limitation, the Property Misdescriptions Act 1991. You warrant that you have the authority to commission the photography, production of a virtual tour, floor plan and printed particulars of the premises in question, including allowing Estate Graphics employees or agent’s access to the premises.
8. Warranties and Liabilities
Estate Graphics warrants that it will use reasonable skill and care to provide the commission. All other warranties express or implied are hereby excluded to the fullest extent permitted by law. Any liability Estate Graphics may have (whether in contract, tort, including negligence or otherwise) shall be limited to the total fees paid by you under this agreement. Estate Graphics shall not be liable to you or to any third party for any loss of profits, loss of sales, loss of turnover or loss of use or corruption of data or software or for any indirect, consequential or special loss. This does not exclude Estate Graphics liability in respect of fraud or in respect of death or personal injury caused by Estate Graphics negligence. Estate Graphics does not guarantee that any of its virtual tour files shall be playable on any particular computer system. Estate Graphics shall not be responsible for any delay or failure to carry out Estate Graphics commissions under this agreement for reasons beyond Estate Graphics reasonable control including but not limited to the acts or omissions of a third party or your failure to perform your obligations. If Estate Graphics employees or agents fails to arrive within 30 minutes of an agreed appointment you may elect for a new appointment at a mutually agreed time or request a full refund of any monies paid in respect of the commission. In the event of a dispute about the quality of pictures taken, Estate Graphics may in its sole discretion, elect to re-shoot the images or offer a full refund of any monies paid. This section shall survive the termination of this agreement for any reason.
9. Termination
Estate Graphics reserves the right to terminate this agreement without notice for any reason including non-payment of fees. Estate Graphics fees shall be payable immediately on termination or expiry howsoever caused of this agreement.
10. Intellectual Property
All copyright and other intellectual property rights in and relating to the commission shall be owned exclusively by Estate Graphics.
11. General Terms
This is the only agreement between Estate Graphics and You. If a court decides that any part of the agreement cannot be enforced, then that part will not apply. The rest of this agreement will continue to apply. Any notice given under this agreement must be made in writing and sent by pre-paid first class post to the parties' respective addresses. (Estate Graphics address is Estate Graphics ltd, Unit 5, Fell View,
12. Cancellation Policy
Our policy is that you can postpone a job at any time up to 5pm the day before the visit to the property without cost, so long as Estate Graphics has not already become committed to expenditure which can not be avoided (e.g. travel costs). If Estate Graphics has already become committed to such costs, Estate Graphics will charge you accordingly.
Cancellation or postponement of a job for any reason after 5pm of the day prior to photography incurs an automatic charge equivalent to 50% of the full price of the job.