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Terms and Conditions

  1. Terms of Contract

    • Submitting a signed proposal to us constitutes an acceptance by you to purchase Our Services in accordance with these Terms, at which point the Contract between us and you will begin and the provision of the Services will commence on the agreed data.

    • We reserve the right to decline acceptance of a request for Services by you without giving any reasons.

  2. The Services

    • We reserve the right to refuse to perform any Services if in our view pose unacceptable risks or you failed to reasonably notify us in advance of any requirements that we need to follow (including safety, equipment and access) in order to complete the Services.

    • We will only conduct the Capture when and where it is safe to do so. We reserve the right to refuse to enter a Site or Space or conduct the Capture if, in our reasonable opinion, it is not safe. Such circumstances may include but are not limited to: slip and fall hazards, polluted atmospheres, hazardous substances, biological hazards, dangerous structures, poor lighting, excessive noise, unmanaged asbestos, the presence of animals or squatters or undisclosed occupants, extreme weather conditions and other people working on the site, where such circumstances cannot be controlled through reasonably practicable means.

    • If the performance of our obligations under the Contract is delayed or prevented by any act of you or your representatives, then without prejudice to any other right or remedy we may have, we shall be allowed a time extension to carry out our obligations with equal time to the period of delay or prevention.

    • We will provide the Services specified in the Statement of Work to you substantially in accordance with the Statement of Work, according to the specified Terms and with reasonable skill and care.

    • We reserve the right to make changes to the Services that we see necessary to comply with any Applicable Law or request from recognized authorities or which do not in our opinion materially and detrimentally affect the nature or quality of the Services. Any such change will amend the Services as described in the Statement of Work

    • We will provide the Services reasonably to meet any performance dates specified in the Statement of Work however any such dates shall be estimates only and time for performance by us shall not be of the essence of the Contract.

    • Any concerns you may have about the quality of our work must be notified by you to us in writing within 7 days of us sending the assets to you. If you do not notify us of your concerns within this period, you will be deemed to have accepted the assets. Please note that any changes requested by you may require another full Capture to be booked and/or incur an additional charge.

  3. Client Obligations

    • You agree to inform us of all relevant health and safety, security and other requirements that apply at any Space within a reasonable period of time in advance of us accessing the same Space

    • You agree to provide us with information we may reasonably require in order to enable us to provide the Services, and you will ensure that such information is at all times accurate

    • You agree to provide for us, other personnel required (including subcontractors and consultants), in a timely manner and at no charge, access to the Space(s)

    • You agree to ensure that any information provided by you to shape the basis of the Statement of Work is complete and accurate

    • You agree to where previously agreed, provide such accommodation and equipment necessary to allow us to perform the Services

    • You agree to cooperate with us in all matters relating to the Services

    • You agree to observe and comply with any Applicable Law

    • You agree to act (and ensure that your Clients act) with professional practice at all times and not do anything or allow anything to occur which may bring (in our reasonable opinion) us into disrepute

    • You agree to provide and keep us up to date with working valid telephone numbers and email addresses and will immediately advise us of any circumstances that would prevent you from receiving calls or emails from us

    • You agree to obtain and maintain all necessary consents, permissions and licenses which may be required for the operation of your business and your use and receipt of the Services in all cases before the Commencement Date of the Contract;

  4. Payments, Fees & Charges

    • In consideration of the provision of the Services from us to you, you will pay the full charges for the Services. We accept no liability for any failure or delay in providing any of the Services if caused by reasons that we deem reasonably to be within your control, and you will remain liable to pay all charges in connection with such Services, whether or not provided.

    • If you dispute any amount raised in an invoice from us, you must notify us within 5 days from the date of the invoice. If you do not notify us within 5 days from the date of invoice, you will be deemed to have accepted the invoice.

    • All sums payable to us under any Contract will be paid in full without any counterclaim, set-off, deduction or withholding (other than any deduction or withholding of tax to the extent required by Applicable Law).

    • Without prejudice to any other right or remedy we may have, if you fail to make any payment due to us in accordance with the payment terms described above, we reserve the right to charge interest for late payment on overdue amounts, plus any reasonable legal fees, costs and expenses which we incur and can demonstrate we have incurred as a result of seeking payment from you.

    • Without prejudice to any other right or remedy we may have, if you fail to make any payment due to us in accordance with the payment terms described above, we reserve the right suspend our Services until such time as all amounts due are paid in full

    • Unless otherwise stated or expressly notified to you by us in writing the charges are exclusive of VAT, which, if applicable, shall be payable by you in addition to the Charges. 

  5. Data Handling and Protection

    • You shall ensure that You only provide Customer Personal Data to Us as is required to enable us to perform the actions.

    • Unless set out otherwise in this clause, processing of Customer Personal Data shall be undertaken by us in accordance with the duration of processing, subject-matter, nature and purpose of the processing.

    • We will implement and maintain throughout the Term appropriate measures, internal controls and security routines intended to protect Customer Personal Data against accidental, unauthorized or unlawful access, disclosure, alteration, loss, or destruction.

    • You provide general consent to allow us to engage sub-processors for the purposes of us providing the Services where we inform you of intended changes regarding the addition or replacement of sub-processors, thereby allowing you the opportunity to object to such changes.

    • We and any sub-processor shall only transfer Customer Personal Data from one country to another country where such transfer is subject to safeguards.

  6. Intellectual Property (IP) Ownership & Usage

    • You have the non-exclusive right to use Our Brand in the normal course of your business and in connection with your enjoyment of the Services.  You must comply with Our Brand Guidelines when using Our Brand. We reserve the right to terminate, on 30 days’ written notice, your right to use the Brand granted in this clause for any reason in our sole and absolute discretion. 

    • Unless otherwise stated by you and agreed by us, you grant to us a non-exclusive, worldwide, royalty-free, perpetual license to use your IP to publicize our relationship with you, and to use and incorporate your IP as part of the Assets. We will comply with all reasonable instructions notified by you to us in writing regarding our usage of any of your trademarks.  In addition, you grant to us a fully paid-up, worldwide, non-exclusive, royalty-free, perpetual, sublicensable, transferable and irrevocable license to access, use, republish, copy, modify, reproduce and share the Assets for any purpose whatsoever.

    • You are responsible for downloading and storing the Assets in a secure location.

  7. Confidentiality

    • You agree to keep in strict confidence any information of a confidential nature disclosed by us to you, our employees and any subcontractors, and any other confidential information concerning our business, customers, suppliers products or services which you obtain, except as permitted by within clause 7, and as may be required by law, a court of competent jurisdiction or any governmental or regulatory authority.

  8. Liability

    • We make no warranties as to the quality or suitability of any third party sites or services and accept no liability for any loss or damage you may suffer or incur in connection with your use of them. We encourage you to thoroughly read any terms and conditions of their use.

    • You will indemnify us against all third-party claims and all liabilities, costs, proceedings, damages and expenses (including legal and other professional fees) awarded against, or incurred or paid by us as a result of or in connection with any misuse of our Brand by you, or use of our Brand by you which is not in compliant with the Brand Guidelines.

    • You will indemnify us against all third-party claims and all liabilities, costs, proceedings, damages and expenses (including legal and other professional fees) awarded against, or incurred or paid by us as a result of or in connection with any change or alteration you make to the Assets once delivered by us.

    • You will indemnify us against all third-party claims and all liabilities, costs, proceedings, damages and expenses (including legal and other professional fees) awarded against, or incurred or paid by us as a result of or in connection with personal injury and/or property damage caused by any act or omission committed by you in connection with the subject matter of this Contract.

    • You will indemnify us against all third-party claims and all liabilities, costs, proceedings, damages and expenses (including legal and other professional fees) awarded against, or incurred or paid by us as a result of or in connection with any breach by you of the Contract or any negligent act or omission committed by you in connection with the subject matter of this Contract.

    • If the telephone numbers and email addresses you provide us for the purpose of us providing the Services are not able to receive incoming calls or messages, we will not be liable for any loss or potential loss you suffer as a result of not receiving such calls or emails.

    • You are responsible for protecting Your computer systems and other devices from exposure to Viruses by the use of anti-virus software, firewalls and any other technical measures necessary;

    • We will under no circumstances whatsoever be liable to you whether in contract, tort (including negligence), or otherwise, for any loss of profit, loss of sales or business, loss of agreements, loss of expected savings, loss of use or corruption of software, data or information, loss of reputation or any indirect or consequential loss arising under or in connection with the Contract.

  9. Termination and Term

    • The Contract will come into effect as set out in clause 1 and will continue until the Services set out in the Statement of Work or Contract have been completed (the “Term”).

    • Without prejudice to any of our other rights in the Terms, we may terminate the Contract immediately at any time with written notice to you if you fail to pay any amount due under the Contract on the due date for payment, and have not notified us in accordance with clause 4 that you wish to dispute the invoice to which that payment relates.

    • Without prejudice to any of our other rights in the Terms, we may terminate the Contract immediately at any time with written notice to you if you breach the Terms and that breach is irremediable or, if that breach is capable of remedy, you fail to remedy the breach within 14 days of being notified in writing.

    • Without prejudice to any other rights or remedies we may have, if we have reason to suspect that you are neither able nor willing to comply with the Terms, or are in breach of the Terms, then we can immediately at our sole option, terminate or suspend the provision of the Services.

    • On termination of the Contract for any reason in respect of Services supplied but for which no invoice has been submitted, we will submit an invoice, which shall be payable immediately by you.

    • On termination of the Contract for any reason you will pay immediately any outstanding unpaid Charges and interest.

    • On termination of the Contract for any reason you will permanently delete any of our confidential information which is in your possession.

  10. General

    • We may update or amend the Terms or Brand Guidelines from time to time as per the terms of this clause.

    • If we do not receive notification of any objections then it will be considered you to have agreed to the changes which will become binding when the changes come into effect.

    • If we update or amend the Terms, you will be notified at least 7 days prior to the change taking effect. You may object to any updates or amendments by notifying us in writing prior to the changes come into effect. We will attempt to resolve your objection within a reasonable timeframe. If a resolution cannot be reached then this Contract may be terminated subject to the Notice Period and the amended conditions will not apply to you during the Notice Period.

    • We will not be in breach of this Contract nor liable for a delay in performing or failure to perform any of our obligations under the Terms if such delay or failure results from circumstances, events or causes beyond our reasonable control.