Terms and Conditions 2022

General Definitions

 

SP – SpacePhoto Ltd, Reg No 10550349.

Client – Anyone who has placed a booking with SP.

Account – Credit account that Client has opened with SP, providing the option to pay a monthly invoice. (SP will hold this account opened as long as Client has placed a booking at least once per calendar year.)

Service – Any product or service that is carried out by SP on behalf of Client’s request.

Working Hours – SP office working hours are displayed on google or email signature.

Booking – Any work that is instructed from Client after he has received a confirmation email from SP.

Photographers choice – A Photographer’s subjective choice of images based on his/her professional decision and on his/her personal feelings, taste or opinion.

Preamble

1. SP is not required to undertake appointments under any circumstances in which SP representatives feel threatened, unsafe or in danger in any way whatsoever.

2. Accepting and agreeing SP terms and conditions, does not impose any obligation to place a specific amount of bookings.

3. By using SP services, Client agrees to be legally bound by the following terms.

4. Clients can place the booking on the SP website with prepayment.

5. Credit account can only be opened to UK registered companies that meet the below minimum requirements:

5.1. Provide company registration number.
5.2. Have an up and running company website.
5.3. Company credit score must be above 40 points.
5.4. Have set up Direct Debit.

6. If Client decides to terminate the business relationship with SP, Client can simply stop booking with SP as there is no commitment, but Client will remain responsible for work carried out and all invoice payments.

7. By opening an account with SP the individual has acquired the permission to represent the company and its interests, and the SP credit account is owned by the registered company not the individual who opened the account.

8. 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 Clients will be notified either in writing or verbally of said changes before any additional services are booked.

Prices

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

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

Bookings

11. A booking fee of £50 is included in all bookings, to secure the time slot for Client, this will guarantee that if any other Client places a booking at the same date and time it will be rejected (This is not a separate charge but forms a part of the payment unless the job is cancelled).

12. If the booking is cancelled at least 8 SP working hours prior to the appointment, Client shall not incur any booking fee charges.

13. If the booking is cancelled less than 8 SP working hours prior to the appointment, the Client shall be charged a booking fee even if the job is re-booked or cancelled completely.

14. Booking Fee of 20% of the total amount of the work (Including any travel charges) will be applied if the booked amount of work is above £250 (Excluding VAT) any bookings below this amount will be applied with a fixed £50 booking fee (Excluding VAT).

15. Bookings are based on a “first come, first served” basis – SP can advise Client on the availability over the phone, but cannot hold any slots without a booking form.

16. 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 4 hours prior to the booking start time.

17. All bookings that are required to be booked outside of SP working hours can be charged an extra 50% of the total job cost.

18. All bookings are considered as booked only upon the Client receiving the confirmation email, not via the phone or through a verbal agreement.

19. If any changes are required to be made before or during any confirmed booking, all change requests must be sent via email to SP bookings@spacephoto.co.uk and confirmed by the booking team in writing before the changes are carried out.

20. When a Client makes a booking for SP to meet a tenant/landlord at the property, it is Client’s responsibility to inform the tenant/landlord.

21. 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 expense.

22. 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.

23. Key collection – There is no travel charge if someone let’s SP in the property, however if it is required for SP to collect/deliver keys from/to a location within 3-mile radius or 6 miles one way (without return) it is included free of charge and any extra mile will be charged extra.

24. If 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 SP control (ongoing construction work, cleaning in process or wrong property address, etc.), Client will be charged the booking fee and the booking will be cancelled.

25. It is the Client’s responsibility to choose the right services for their needs. SP shall not be responsible if Client is unsatisfied with the results, if the wrong service has been chosen, whether Client can use it or not.

26. Clients that have not paid the invoice on time will lose the opportunity to book on a credit account and all new bookings must be placed with prepayment on SP website.

27. If the Client’s credit account is overdue and any invoice runs over the payment period of 28 days from receipt, SP will be lenient and will not cancel the jobs and complete all confirmed bookings, only the material will be held and sent to Client when Client has settled the overdue invoices.

28. If Client fills in the Booking Form with wrong or missing information then Client will be responsible for any delays/cancellations/errors or missing material that may occur, as the questions in the Booking Form serve a purpose – to avoid any of the aforementioned.

Downloadable materials and turnover

29. Client is responsible for downloading and storing all downloadable material provided by SP, to keep all material in a safe place and back up where necessary.

30. SP shall archive all material provided for download, for 60 days from the time of the visit at the property. After this period, the retrieval of any downloadable material will be at a charge, where retrievable.

31. The delivery timeline mentioned in these terms and conditions are not statements of guarantee and are subject to force majeure factors or any circumstances out of SP control.

Downloadable materials and turnover

32. Walkthrough videos are filmed by using smartphones and gimbal.

33. Videos are uploaded on Youtube for hosting and clients receive Youtube link.

34. Length of videos differentiates from the size of the property.

35. Videos come with background music.

Photography

36. Digital photographs and Floor Plans for illustrative purposes shall be made available within two working days of SP visiting the property. Images will be in a JPG file format, plans – in JPG and PDF.

37. 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.

38. 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.

39. Standard editing shall include: exposure, window details, colour balance, lens correction, sky replacement for external images, sharpening, shadow and highlight adjustments.

40. Edited images can not be exchanged after the work is done but extra images can be requested for editing if available.

41. Digital removal of items is performed only by a special request, additional charges shall apply.

42. Specifications of photo sessions and standard photos are listed below, it is the Client’s responsibility to request any additional changes if necessary.

43.

 

44. Clients are responsible for requesting enough images for their needs and SP recommends always to book a choice of images to avoid any missing angles.

45. If the requested amount of images does not cover the whole property, Photographer shall decide what to photograph and what not.

46. Where specific images are required, Clients must provide specific notes.

47. SP cannot take any responsibility for the Client not requesting the correct amount of images or the Client not providing the specific requests with the booking.

48. Client is responsible for making sure the property is ready for photography.

49. SP does not provide Decluttering, Cleaning or Staging services.

Floor Plans for Illustrative Purposes

50. SP strives to ensure the accuracy of all floor plans, however, measurements are approximations, our plans are for illustrative purposes only and should be viewed with this in mind.

51. SP shall not be held liable for any incorrect measurements and/or calculations. Garden measurements shall be shown in length and width only.

52. All measurements and areas quoted are approximations whether a suitable disclaimer appears on the plan or not and SP cannot be held responsible for any error, omission or misstatement on the floor plan.

53. 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.

54. All floor plans supplied by SP are for layout guidance only (windows and door openings are approximations), they are not drawn to scale, unless stated. All dimensions, shapes and compass bearings should be checked by Client / Agent / Vendor / Landlord / Prospective Buyer before making any decisions reliant upon them.

55. Plans are provided as per SP design and any changes to the design will be charged extra.

Measured House Surveys – Point Cloud

56. The Point Cloud (3D mapping) data accuracy is determined by the hardware and weather conditions.

57. Floor Plans redrawn from Point Cloud are drawn to scale and all windows, doors, stairs and heights are stated accurately.

58. Turnovers are quoted individually based on the complexity and size of the project.

59. SP strives to ensure the accuracy of all plans, however, SP shall not be held liable for any loss incurred due to these plans.

60. It is the Client’s responsibility to ensure that the supplied plan correctly represents the property.

EPC – Energy performance certificates

61. EPC will be made available within two working days from the visit of the property.

62. In cases when the EPC Registry does not have an entry of the address in their database, the turnover can be delayed until the EPC Registry updates their database.

63. 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.

64. Any update to lodged EPC to reflect the provided certificates will be at extra charge.

3D Virtual Tours

65. Clients will receive a 3D virtual tour in a link, the link can be added to listing or embedded in Clients website or shared on any social media and email. The tour is not downloadable and requires hosting that is charged on a monthly basis.

66. SP will host the 3D virtual tour for 3 months free of charge, further hosting will be charged as per current price list. Before deactivation of the 3D Virtual Tour, SP will send an email with the end date of the hosting period to the same email address from which the booking was placed.

67. Client also will receive complimentary still images (HDR quality), a small promo video and a 3D floor plan (room labels and measurements are not included), and Client will be able to download this material for a period of 60 days from the visit at the property.

68. If Client requires a 2D schematic floor plan with the dimensions or room labels 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.

69. If it is possible to retrieve the model after the 3D Virtual tour is deactivated, Client can request to reupload the 3D tour, however an admin fee will apply. If not retrievable, the Client shall place a new booking and pay the full price.

70. All virtual tours will be represented by SP, if Client would like to replace this entry with their own information it will be at extra charge.

General – Responsibilities/Liabilities

71. Any service provided by SP should under no circumstances be used as a structural survey report, valuation or part of it.

72. Whilst every care will be taken at the time of the appointment, SP does not accept responsibility for any accidental damage to the property, its contents, fixtures and fitting whosoever caused by the SP whilst undertaking the service.

73. SP is unable to lift heavy or large items.

74. SP will return keys to the keyholder or as per keyholders instructions even if Client/Landlord has requested to return the keys somewhere else unless permission from the keyholder is provided.

75. Where it is not possible to return keys to the keyholder, if no instructions are provided regarding key return, SP will retain them until further instructions. Further charges may incur to cover SP time or postage costs.

76. Client is responsible for all invoice payments no matter whether the individual who opened the credit account is still employed by Client or not.

77. 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.

78. In the event that Client gives 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.

Invoice

79. 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.

80. Clients will receive invoices via email.

81. The payment must be made within 28 days from the invoice receipt date or on an agreed Direct Debit date.

82. If the payments are not made on time:

82.1. All discounts shall be removed from the Client’s invoices that are outstanding and Client shall pay the full price per services provided;
82.2. The Client’s account will be suspended until the payment is done for all overdue invoices;
82.3. The Client has no rights to use or store online or locally this material in any form.

83. If the payments have not been settled, SP will pursue legal action in order to recover the debt in Small Claim Court or pass the case to Debt Collectors.

83.1. A charge of £750 (excluding VAT) will be charged for any breach of copyright as well as the original invoice fee;
83.2. SP reserves the right to claim interest under the Late Payment of Commercial Debts (Interest) Act 1998;
83.3. SP reserves the right to add Court/Debt Collector charges on top of the debt.

84. This is an agreement between SP and 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.

85. If Client has booked the job on behalf of any third party, it is still the Client’s responsibility to make payment for the invoice.

86. SP cannot assign invoice to any third party.

Copyrights

87. SP retains the copyright of all material.

88. The use of SP material without the permission of SP or without payment, will result in a breach of copyright.

89. Client will be given all the rights to use 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.

Complaints

90. A formal complaint regarding SP services should be sent to support@spacephoto.co.uk.

91. SP shall initiate the following procedure to resolve the complaint:

91.1. Investigation stage: SP shall contact all involved parties, if further information is required for SP to resolve the complaint;

91.2. Stage 1: SP shall investigate the complaint fully and undertake all reasonable efforts to resolve it. If the complaint is not resolved to the applicant’s satisfaction at this stage, it shall be escalated to the Senior Management.

91.3. Stage 2: The Senior Management will consider the complaint and attempt to rectify the issue. If the complaint remains unresolved, shareholders will consider whether it is technically or economically feasible to resolve the issue and inform the applicant of the decision.

91.4. No further action: If the complaint has still not been resolved to the applicant’s satisfaction, SP will inform the applicant that no further action is to be taken and advise the applicant of his rights under the Terms and Conditions. At this stage, the applicant may wish to refer their issue to other instances such as Trading Standards.