Application and entire agreement
Interpretation
4. A "working day" means any day other than a Saturday, Sunday or bank holiday in England and Wales.
5. A “working hours” means the hours from 9am to 5pm on a working day.
6. The headings in these Terms and Conditions are for convenience only and do not affect their interpretation.
7. Words imparting the singular number shall include the plural and vice-versa.
Services
8. We warrant that we will use reasonable care and skill in our performance of the Services which will comply with the quotation, including any specification in all material respects. We can make any changes to the Services which are necessary to comply with any applicable law or safety requirement, and we will notify you if this is necessary.
9. We will use our reasonable endeavors to complete the performance of the Services within the time agreed or as set out in the quotation; however, turnover time might change because of the size or complexity of the job.
10. All of these Terms and Conditions apply to the supply of any Services unless we specify otherwise.
Measured house surveys
11. Measured house surveys have been captured by Leica BLK360.
12. 3D House Ltd surveys can’t be used as a structural survey.
13. The Point Cloud data amount accuracy is determined by the access to all surfaces of the building and weather conditions.
14. All plans redrawn from Point Cloud precisely reflect the property and are drawn to scale.
15. If you find that we have captured and shown an incorrect measurement, please let us know as soon as possible.
Please click on the Measured house survey to see what is included in the service.
3D Virtual Tours
16. 3D Virtual Tours are captured by Matterport Pro2.
17. It is an exact copy of the existing property in digital format – an interactive internal tour with 360 external views.
18. The 3D Virtual Tour is not downloadable and hosting is needed. We will host the 3D Virtual Tour for 3 months free of charge, further hosting will be charged monthly. The client will be informed before the hosting due date.
19. After 3D Virtual Tour hosting will due, the tour will be deactivated.
Please click on the 3D Virtual Tours to see what is included in the service.
Your obligations
20. You must obtain any permissions, consents, licenses or otherwise that is needed to carry out our work at the premises and must provide us with access to all areas which are needed to survey.
21. If you do not comply with clause 10, we can terminate the Services and the cancellation or stand-by fees will apply.
22. We are not liable for any delay or failure to provide the Services if this is caused by the client's failure to comply with the provisions of this section (Your obligations).
Fees, invoicing and Deposit
23. The fees (Fees) for the Services are set out in the quotation and are based on the size, complexity and deliverable amount.
24. In addition to the Fees, we can recover from you reasonable incidental expenses including, but not limited to, stand-still fee, traveling expenses, hotel costs and other associated expenses.
25. You must pay us for any additional services provided by us that are not specified in the quotation in accordance with our then current, applicable hourly rate in effect at the time of performance or such other rate as may be agreed between us. The provisions of clause 14 also apply to these additional services.
26. If surveyor is prevented from working because of reasons that we can’t affect, for example, client delays, we will charge £50/hour + VAT for stand-still.
27. The Fees are inclusive of VAT and are subject to change at any time.
28. Payment for Measured house surveys - You must pay a 50% deposit ("Deposit") as detailed in the quotation before the site visit (the job will be confirmed after receiving the payment) and the other 50% - before we start to work on drawings.
29. Payment for 3D Virtual tours - You must pay a 100% deposit if the credit account is not opened with 3D House Ltd. Credit accounts can be opened for companies.
30. Invoices for 3D Virtual tours for clients with opened credit accounts, have to be paid within 28 days after receiving the invoice. The client will receive the invoice at the end of the month or at the beginning of the next month for all jobs completed during this month.
31. If the invoice payment is not done on time, the client’s account will be suspended until the payment for the overdue invoice has been made.
Cancellation and amendment
32. We can withdraw, cancel or amend a quotation if it has not been accepted by you, or if the Services have not started, within a period of 14 days from the date of the quotation, (unless the quotation has been withdrawn).
33. Either we or you can cancel an order for any reason prior to your acceptance (or rejection) of the quotation.
34. If you want to amend any details of the Services you must tell us in writing as soon as possible. We will use reasonable endeavors to make any required changes and additional costs will be included in the Fees and invoiced to you.
35. If, due to circumstances beyond our control, including those set out in the clause below (Circumstances beyond a party's control), we have to make any change in the Services or how they are provided, we will notify you immediately. We will use reasonable endeavors to keep any such changes to a minimum.
36. Cancelation fee for canceled 3D Virtual Tour:
1) If the job has been canceled more than 8 working hours before the job, no cancellation fees apply.
2) If the job has been canceled less than 8 working hours before the job, a cancelation fee of £60 + VAT applies.
37. Cancelation fee for canceled Measured house survey:
1) If the survey has been canceled by the client the same day the job is booked, a cancellation fee of 30% of the quotation value or £400 + VAT will apply (the largest of these amounts will be charged).
2) If the survey has been cancelled by the client day before the booked job, cancellation fee of 20% of the quotation value or £250 + VAT will applie (the largest of these amounts will be charged).
Payment
38. We will invoice you for payment of the Fees either:
1) when we have completed the Services;
2) or on the invoice dates set out in the quotation.
39. You must pay the Fees due within 28 days of the date of our invoice or otherwise in accordance with any credit terms agreed between us.
40. Time for payment shall be of the essence of the Contract.
41. Without limiting any other right or remedy we have for statutory interest, if you do not pay within the period set out above, we will charge you interest at the rate of 8% per annum above the base lending rate of the Bank of England from time to time on the amount outstanding until payment is received in full.
42. All payments due under these Terms and Conditions must be made in full without any deduction or withholding except as required by law and neither of us can assert any credit, set-off or counterclaim against the other in order to justify withholding payment of any such amount in whole or in part.
43. If you do not pay within the period set out above, we can suspend any further provision of the Services and cancel any future services which have been ordered by, or otherwise arranged with, you.
44. All payments must be made in British Pounds.
Working on site
45 3D House surveyors are not required to undertake a survey in circumstances where they feel uncomfortable, unsafe, or disrespected. In this case, the same-day cancellation fee will apply and we may refuse to revisit the property if the situation is not solved.
46. 3D House surveyors are not surveying dangerous structures such as burnt-out buildings, where holes in the floor appear etc.
47. We have a right to reschedule the date of the survey free of charge because of the unfavorable weather conditions. Working in heavy rain, strong winds, or snow can be dangerous for a surveyor and can cause damage to scanners.
48. We are not performing any site clearance, this is client’s responsibility to free up the site of obstructing items or dense vegetation.
49. We have a right to leave a site if the surveyor feels that the equipment is at risk to be damaged or stolen.
Termination
50. If the client decides to terminate the business relationship with us, the client can stop placing bookings with us and no other actions are required.
Liability and indemnity
51. Our liability under these Terms and Conditions, and in breach of statutory duty, and in tort or misrepresentation or otherwise, shall be limited as set out in this section.
52. The total amount of our liability is limited to the total amount of Fees payable by you under the Contract.
53. We are not liable (whether caused by our employees, agents or otherwise) in connection with our provision of the Services or the performance of any of our other obligations under these Terms and Conditions or the quotation for:
1) any indirect, special or consequential loss, damage, costs, or expenses or;
2) any loss of profits; loss of anticipated profits; loss of business; loss of data; loss of reputation or goodwill; business interruption; or, other third party claims; or
3) any failure to perform any of our obligations if such delay or failure is due to any cause beyond our reasonable control; or
4) any losses caused directly or indirectly by any failure or your breach in relation to your obligations; or
5) any losses arising directly or indirectly from the choice of Services and how they will meet your requirements or your use of the Services or any goods supplied in connection with the Services.
54. You must indemnify us against all damages, costs, claims and expenses suffered by us arising from any loss or damage to any equipment (including that belonging to third parties) caused by you or your agents or employees.
55. Nothing in these Terms and Conditions shall limit or exclude our liability for death or personal injury caused by our negligence, or for any fraudulent misrepresentation, or for any other matters for which it would be unlawful to exclude or limit liability.
Data Protection
56. When supplying the Services to the Customer, the Service Provider may gain access to and/or acquire the ability to transfer, store or process personal data of employees of the Customer.
57. The parties agree that where such processing of personal data takes place, the Customer shall be the 'data controller' and the Service Provider shall be the 'data processor' as defined in the General Data Protection Regulation (GDPR) as may be amended, extended and/or re-enacted from time to time.
58. For the avoidance of doubt, 'Personal Data', 'Processing', 'Data Controller', 'Data Processor' and 'Data Subject' shall have the same meaning as in the GDPR.
59. The Service Provider shall only Process Personal Data to the extent reasonably required to enable it to supply the Services as mentioned in these terms and conditions or as requested by and agreed with the Customer, shall not retain any Personal Data longer than necessary for the Processing and refrain from Processing any Personal Data for its own or for any third party's purposes.
60. The Service Provider shall not disclose Personal Data to any third parties other than employees, directors, agents, subcontractors or advisors on a strict 'need-to-know' basis and only under the same (or more extensive) conditions as set out in these terms and conditions or to the extent required by applicable legislation and/or regulations.
61. The Service Provider shall implement and maintain technical and organizational security measures as are required to protect Personal Data Processed by the Service Provider on behalf of the Customer.
For any enquiries or complaints regarding data privacy, you can email: general@3dhousesurveys.co.uk.
Circumstances beyond a party's control
62. Neither of us is liable for any failure or delay in performing our obligations where such failure or delay results from any cause that is beyond the reasonable control of that party. Such causes include, but are not limited to: industrial action, civil unrest, fire, flood, storms, earthquakes, acts of terrorism, acts of war, governmental action or any other event that is beyond the control of the party in question. If the delay continues for a period of 90 days, either of us may terminate or cancel the Services to be carried out under these Terms and Conditions.
Complaints
63. If you would like to make a complaint, please email to general@3dhousesurveys.co.uk.
We will do the necessary to resolve your complaint.