Terms and Conditions 2019
General Definitions
SP – SpacePhoto Ltd, Reg No 10550349 and its representatives.
Client – UK registered Company that has opened account with SP and has placed any booking.
Account – Credit account that SP is holding open as long as Client has placed a booking at least once per calendar year.
Service – Any product or service that was carried out on behalf of Clients request.
Working Hours – SP office working hours are Monday to Saturday 9:00 AM – 7:00 PM (Last booking starts at 5:00 PM) excluding Bank holidays or any other days when SP office is closed.
Booking – Any work that is instructed from Client by filling in a Booking Form and Client has received confirmation email from SP.
Photographers choice – A Photographers subjective choice of images based on his/her professional decision and on his/her personal feelings, taste or opinions.
Clerk – A person who provides Inventory, Check in or Check Out report.
Report – Inventory report, Check-in, Check-out and Mid-term report.
Preamble
The SP is not required to undertake appointments under any circumstances in which SP representatives feel threatened, unsafe or in danger in any way whatsoever.
Accepting and agreeing SP terms and conditions, does not impose any obligation to place a specific amount of bookings. If Client decides to terminate business relationship with SP, there are no cancellation charges, but client remains responsible for work carried out and any invoice payments.
By using services of SP, the Client agrees to be legally bound by the following terms.
SP has the right to open or reject credit account. To open account the company has to be registered in Companies House (https://beta.companieshouse.gov.uk), must have a running website and email address with the same domain name, also online reviews will be taken into consideration.
By opening account with SP the individual has acquired the permission to represent the company and its interests and SP account is owned by the registered company not the individual.
SP has the right to amend any part of the service and/or pricing at their discretion in line with future market changes or updated legislation, or deemed to be relevant by SP. In the event of any such changes, all existing customers will be notified either in writing or verbally of said changes before any additional services are booked.
Prices
1. All prices quoted are exclusive of VAT and are subject to change at any time.
2. Price agreements are non-contractual and are subject to change.
Bookings
3. A booking fee of £40 is included in all bookings, to secure the time slot for Client. This booking will take precedence over any new bookings that are requested, if anyone requires a job at the same date and time it will be rejected.
4. If the booking is cancelled at least 6 working hours prior to the appointment, the Client shall not incur any charges. If the booking is cancelled less than 6 working hours prior to the appointment, the Client shall be charged a £40 booking fee even if the job is re-booked or cancelled completely.
5. Bookings are based on “first come, first served” basis – SP can advise the Client an availability over the phone, but can not hold any slots without booking the slot for Client.
6. Bookings can be placed only via BOOKING FORM or www.spacephoto.co.uk website shop. All Booking Forms have to be completed not less than 2 hours prior the booking.
7. All bookings that are required to be booked outside of SP working hours will be charged an extra 50% of the total job cost.
8. All bookings are considered as booked only upon the Client receiving the confirmation email, not via the phone or through a verbal agreement.
9. When Client makes a booking for SP to meet a tenant at the property, it is Clients responsibility to inform the tenant.
10. It is the Client’s responsibility to send SP clear instructions. If any revisits shall occur because of incomplete, inaccurate instruction this will be at the Client’s expenses.
11. It is the Client’s responsibility to arrange the access to the property and all requested areas and make sure that the property is ready for work to be carried out before booking any job with SP.
12. If a SP has been delayed and cannot start the job for more than 30 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.
13. 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 £1.8 per mile.
14. It is the Client’s responsibility to choose the right services for his needs. SP shall not be responsible if the Client is unsatisfied with the results, if the wrong service has been chosen, whether Client can use it or not.
15 .It is SP responsibility to deliver all the requested materials – nothing more and nothing less.
16. If Clients credit account is overdue due any invoices that run over the payment period of 28 days from receipt date, booked and confirmed jobs will be cancelled and client notified in writing. To keep the jobs going, the Client always has the opportunity to place a booking via our online shop.
Photography, Floor Plans, and 3D virtual tours – Downloadable marketing materials.
17. SP shall archive all downloadable marketing materials provided to Client for 60 days from the time of the visit at the property. After this period, the retrieval of any downloadable marketing material will be charged at £20 per property where retrievable.
Photography
18. Digital photographs shall be made available via a download link within 24 hours of SP visiting the property. Images will be in a JPEG file format.
19. SP takes no responsibility if Client is dissatisfied with the end result due to weather conditions or any other conditions that are out of SP direct control, including parked cars in front of the house.
20. If a digital item removal or photo manipulation is necessary or if the photoshoot is a half-day or full-day long, it might take more time to process.
21. Standard editing shall include: exposure, window details, colour balance, lens correction, sky replacement for external images, sharpening, shadow and highlight adjustments.
22. Edited images can not be exchanged after the work is done but extra images can be requested for editing if available.
23. Item digital removal is performed only by a special request, additional charges shall apply.
24. Specifications of photo sessions and standard photos are listed below, it is the Client’s responsibility to request any additional changes if necessary.
| Standard Photos
(Budget) |
Photo Session
(Quality) |
|
| Decluttering | Only by Request | Only by Request |
| Time for job | Up to 30 min | Up to 2h |
| Standard Editing | Included | Included |
| Any Client request | As per booking Notes | As per booking Notes |
| Choice of images before editing | Only by Request | Included |
| Number of images | Booked amount only | Choice of images will be provided |
| Balcony/Terrace | Included | Included |
| External/Garden images/Garage | Only by Request | Included |
| Communal areas/gym/cinema/concierge /View | Only by Request | Included, if available |
| Utility rooms/Storage spaces | Only by Request | Included |
| Type of images | Wide angle only | Wide angle and lifestyle |
25. Standard Images will be provided in the priority sequence listed if not otherwise stated in booking notes:
1st Reception, 2nd Kitchen, 3rd Largest Bedrooms, 4th Largest Bath or Shower rooms, 5th Other Images (As per booking notes or left to Photographer’s choice).
26. If the requested amount of images do not cover the whole property, it is left to Photographer’s choice if there are no notes provided with the booking.
27. Where specific images are required, Client must provide specific notes or choose services that provide choice of images before editing.
28. The Client can request to change the sequence and number of images per room, any specific angles and to order more images than in standard package (up to 15 images), writing this in the notes or choose a photo session.
29. Client is responsible to request enough images for their needs and SP advice always to book few extra images to have a choice.
30. SP cannot take any responsibility for Client not requesting the correct amount of images.
31. The Client is responsible to make sure the property is ready for photography or request Decluttering, that is an extra service to the Photography.
32. When Decluttering is requested, it should be agreed by the Client with the Tenant, Landlord or any third party whose items are present at the property before booking.
33. When Decluttering is instructed by Client, SP will spend no more than 30 minutes doing so. Anything that requires more time than this, it is a cleaning or a removal services that SP is not providing.
Floor Plans
34. All floor plans shall be emailed to the Client within 24 hours of SP visiting the property.
35. SP strive to ensure the accuracy of our floor plans, however, measurements are approximations, our plans are for illustrative purposes only and should be viewed with this in mind.
36. SP shall not be held liable for any incorrect measurements and/or calculations. Garden measurements shall be shown in length and width only.
37. All measurements and areas quoted are approximations whether a suitable disclaimer appears on the plan or not and SP can not be held responsible for any error, omission or misstatement on the floor plan.
38. It is the Client’s responsibility to ensure that the supplied plan correctly represents the property SP accepts no liability if the valuation of the property is based on the measurements of the plan drawn by SP.
39. All floor plans supplied by SP are for layout guidance only, they are not drawn to scale unless stated. Windows and door openings are approximations. Whilst every care is taken in the preparation of floor plans, all dimensions, shapes and compass bearings should be checked by the Client and/or the Agent, and/or the Vendor, and/or the Landlord, and/or the Prospective Buyer before making any decisions reliant upon them.
EPC- Energy performance certificates
40. EPC bookings will only be confirmed once EPC questionnaire has been completed with the booking form.
41. EPC will be returned within 3 working days from the DEA (Domestic energy assessor) visiting the property.
42. Except in 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.
43. 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 SP 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.
44. Any re-lodgement to update any information on the EPC shall be charged at £25.
3D Virtual Tours
45. The Client will receive a 3D virtual tour in a link within 24 hours from the visit at the property. The link can be embedded in your website or shared in any social media and emails. The tour is not downloadable and requires hosting.
46. The Client shall receive images, a small promo video and a 3D floor plan (room labels and measurements are not included), this information shall be available for download for 60 days from the visit at the property.
47. If Client requires a 2D schematic floor plan with the dimensions provided, it should be requested while placing the booking, if requested after booking is completed SP cannot guarantee that all measurements from all areas will be included.
48. SP shall host the 3D virtual tour for 3 months, further hosting shall be charged as per current price list. Before Deactivation of the 3D Virtual Tour, SP shall send an email with the end date of the hosting period to the same email from which the booking was placed.
49. If the Client does not request to extend the hosting of the 3D Virtual Tour, it will be deleted and the information will be lost.
50. If it is possible to retrieve the model after the 3D Virtual tour is deleted, the Client can request to re-upload the 3D tour, a fee of £50 will apply for any single model. If not retrievable, the Client shall need to place a new booking and pay the full price.
51. All virtual tours would be represented by www.spacephoto.co.uk if Client would like to replace this entry with their own information it will be at an extra charge.
Inventory, Check-In/Out and Mid-term.
52. The reports prepared by SP are intended as an independent, fair and accurate record of the interior, fixtures and fittings and furniture, which compose the condition of these items and the internal condition of the property.
53. Completed report link will be sent to Client in email within 24 hours from completion of the job and any amendments will be done in 24 hours from receipt of the email with required amendments.
54. It is Client’s responsibility to download and save full report in PDF format for internal storage within 60 days from receiving the email. Word documents and any hard copies will not be provided and are not included in the fee.
55. The check-out report will indicate, in the subjective opinion of Clerk, whether there is any liability on the tenant or such deterioration could be assessed as Fair Wear & Tear.
56. Property will be checked for damage and cleanliness, if it is considered beyond Fair Wear & Tear the Client will be informed.
57. The inventory will be compiled on the basis that unless stated, listed items are in good clean condition, free from obvious soiling, damage or defects. The clerk is not aware of recently bought items; ‘new item’ (or similar) is only stated if the item is still within the packaging.
58. Tenants\Landlords comments – both parties have 6 working days to make any comments following receipt of the report. SP will not be held responsible for any items missed, damage, not seen or any dilapidations after 6 working days from the date of this report, whether noted or not noted on the report.
59. Any additions\alterations\comments to the report from the landlord or tenant will be added at the end of the report, not in the respective room or area that it refers to.
Inventory, Check-In/Out and Mid-term – Disclaimer
60. The Disclaimer at the end of each report is part of these Terms and Conditions and both should be taken into account equally when using SP services.
61. Comments found in the inventory such as ‘Fire safety label present’ (or similar) give no guarantee of the item’s compliance with the Fire Safety regulations.
62. Lights are checked for working order only.
63. The report is not a guarantee of, nor a report on, the functionality or safety of the windows, Gas, electrical appliances, fire alarms and/or smoke detectors. These appliances would not be tested. The report is unable to provide any qualified opinion on the property’s electrical safety profile. It is merely a statement that the contents were viewed in the property at the time the report was undertaken. Tenants are advised to test all appliances as soon as possible and report any faults to the Landlord/Managing Agent.
64. The report enables items to be visually identified only, no attempt will be made to ascertain the original manufacturer or period in which item was produced.
65. The clerk preparing a report is not an expert on fabrics, materials, antiques etc. or a qualified surveyor.
66. No attempt will be made to place a monetary value on the property or its contents, or to determine whether an item is genuine or reproduction.
67. Any plants, cleaning materials, food and drink goods and spare light bulbs are considered perishable items and will not be listed on a report. 68. Clerk will not undertake to list any large number of books, CD’s and/or DVD’s, crockery, cutlery, pots & pans, small electrical items, cluttered cupboards and large amounts of assorted crockery, cutlery, glasses etc. will not be listed individually.
69. Items in locked rooms, contents of garages, garden sheds, cellars, lofts and packed boxes will not be inspected.
70. If the landlord wishes to add large amount of items to the report, a list should be provided for inclusion on the Comments page.
71. Clerk cannot stipulate shades of paint, base colours will only be noted.
Inventory, Check-In/Out and Mid-term – Responsibilities/Liabilities
72. It is the Client’s responsibility to place a booking only after all cleaning is completed, personal items removed and keys handed over. Failure to comply will result in the Clerk cancelling the booking.
73. Where SP is instructed to undertake a check-out report based upon a report carried out by other clerk, no responsibility will be accepted if the quality of that report is not of SP standard.
74. All regulations published by the Department of Trade and Industry/Trading Standards/or any similar parties are the responsibility of the client.
General – Responsibilities/Liabilities
75. Any service provided by SP should under no circumstances be used as a structural survey report, valuation or part of it.
76. Whilst every care will be taken at the time of the appointment, SP do not accept responsibility for any accidental damage to the property, its contents, fixtures and fitting howsoever caused by the SP whilst undertaking the service.
77. SP is unable to lift heavy or large items.
78. SP will return keys with the keyholder or as per keyholders instructions even if the Client has requested to return the keys somewhere else unless permission from the keyholder is provided.
79. If no instructions are provided regards key return SP will secure the property and retain them until instructed where to return them. Further charges may be incurred for SP time or postage costs.
80. Client is responsible for all invoice payments no matter whether the individual who opened account is still employed by Client or not.
81. SP shall not incur any liability or penalty for any loss of actual or anticipated profits or savings, loss of business, loss of opportunity or for any special, indirect or consequential loss whether arising from a breach of these Conditions or negligence in performing the Services even if SP were advised of or knew of the likelihood of such loss occurring.
82. In the event that the client give SP instructions which are followed in good faith and which turn out to be unlawful or result in an unlawful act or otherwise give rise to any other claim, Client will provide SP with full indemnity for all penalties, damages, costs and legal expenses whatsoever which may occur as the result of following the instructions.
83. Utility meter readings will be read and photographed if they are readily accessible, straightforward to locate and correctly labelled. If SP is unaware of location or unable to locate or have unreasonable access to meters, they will remain unread and the landlord or tenant should provide the reading.
84. It is Clients responsibility to arrange access to meters before placing booking.
Invoice
85. The Clients who have an open account with SP shall be invoiced at the beginning of each calendar month for all the previous calendar month’s jobs.
86. The Client will receive invoices via email, unless SP is otherwise instructed by the Client.
87. The payment must be made within 28 days from the invoice receipt date.
88. If the payments are not made on time, all discounts shall be removed from the Client’s invoices that are outstanding and Client shall pay the full price per services provided as per Standard Price list.
89. After 28 days if the invoices are not paid on time, SP will stop taking any bookings on credit and only online bookings with prepayment will be accepted.
90. SP shall be entitled to charge the Client interest on the overdue amount. Such interest shall occur on a daily basis and be compounded quarterly. SP reserves the right to claim interest under the Late Payment of Commercial Debts (Interest) Act 1998.
91. If the payments has not been settled SP will then pursue legal action in order to recover the debt.
92. This is an agreement between SP and the Client, it is the Client’s duty to pay for any work done on behalf of any Client’s request, regardless of whether the Client’s customers have settled their invoices or not or they have used the material or not.
93. If Client has booked the job on behalf of any third party, it is still Clients responsibility to make payment for the invoice. Third party should book SP services independently.
94. SP can’t assign invoice to any third party.
Copyrights
95. The Client will be given exclusive use of the material for all marketing purposes in connection with the Client’s real estate business only once all payments are cleared, except for communal areas, external images, view or development images or any other public spaces for an indefinite period.
96. The use of SP material without the permission of SP, or without payment, will result in a breach of copyright. A charge of £750 will be charged for any breach of copyright, in addition to any administration and legal charges, as well as the original invoice fee.
97. If the invoices are not fully settled, all materials should be deleted immediately and Client has no rights to use or store this material in any form.
98. SP retains the copyright of all images taken by SP.
99. SP retains the right to use photos taken by SP for marketing purposes such as social media page, Website and other business related purposes.
Complaints
100. Any complaint about the services or invoices provided by SP must be notified by the client within 6 working days of the services being completed.
101. The Client should make a formal complaint regarding SP services by contacting SP directly in writing, SP shall then initiate the following procedure to resolve the Client’s complaint
102. Investigation stage: SP shall contact the Client at their convenience, if further information is required for SP to resolve the complaint.
103. Stage 1: SP shall investigate the Client’s complaint fully and undertake all reasonable efforts to resolve it. If the complaint is not resolved to the Client’s satisfaction at this stage, it shall be escalated to the Senior Management.
104. Stage 2: The Senior Management will consider the complaint and attempt to rectify the issue. If the complaint remains unresolved, Broad will consider whether it is technically or economically feasible to resolve the issue and inform the Client of the SP decision.
105. No further action: If the complaint has still not been resolved to the Client’s satisfaction, SP will inform the Client that no further action is to be taken and advise the Client of his rights under the Terms and Conditions. At this stage, the Client may wish to refer their issue to other instances such as Trading Standards.
106. SP reserves right not to attend court of any disagreement between client and/or tenant.
Terms and Conditions Uploaded on SpacePhoto website 01.02.2019 19:33 PM