1. Introduction

1.1 This is a legal agreement between Present Your Property ('we' or 'us') and you ('you' or 'your'). These terms & conditions of business shall apply to all commissions undertaken by Present Your Property, unless otherwise specifically agreed in writing. By using an online order form, or by ordering via telephone, post or email, you agree to be bound by these terms & conditions. All orders and requests for commissions or any additional services will be subject to Present Your Property’s acceptance, which will be notified to you when Present Your Property confirms your order and will be governed by these terms & conditions. Present Your Property reserves the right to amend this agreement from time to time. Where Present Your Property is referred to in this agreement it relates to the company or contractors working on its behalf.

2. Present Your Property Commissions

2.1 Present Your Property provides various services from time to time, which may include without limitation filming and photographing premises, processing panoramic images, creating virtual tours (including augmented/virtual reality tours) and drafting floor plans. Present Your Property reserves the right to reject any commission.

3. Fees

3.1 Present Your Property’s fees are subject to change from time to time. Present Your Property’s fees are payable within 30 days of invoice being sent. Present Your Property 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.

3.2 If, despite reminders, you have still not paid any amount outstanding after 90 days, then Present Your Property reserves the right to add additional charges to the invoice to cover the costs of debt collection. These charges are based on an hourly rate of £150 per hour for the director who chases the debt and £50 per hour for junior staff. It is Present Your Property’s policy to add a fixed charge of £500 to the outstanding amount as a reasonable estimate of the costs involved and in placing your order subject to these terms & conditions you expressly agree this additional charge to be reasonable.

3.3 If you pass our invoice to your client for payment you remain liable if they do not pay. If the part of your company we are transacting with is sold prior to payment being received (eg if a branch of an estate agency is sold) Present Your Property reserves the right to collect payment from the company that placed the order.

4. Photography

4.1 Present Your Property will use reasonable skill and care in shooting and preparing photography. It is your responsibility to check photographs supplied to ensure that they are correct in all requirements.

4.2 If you are not completely satisfied with the material Present Your Property have supplied you must tell Present Your Property immediately and explain why you are dissatisfied, and you must give Present Your Property the opportunity to correct the problem. Where you require Present Your Property to assist with your ID checks, such as by taking photographs of ID documentation, it is your responsibility to ensure that the commission falls within all current legal and regulatory requirements, in particular those in relation to Data Protection. Your attention is drawn to clause 80 below which covers the limitation of Present Your Property’s liability.

5. Floor Plans

5.1 Present Your Property will use reasonable skill and care in taking measurements and drafting floor plans. All floor plans supplied by Present Your Property 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.

5.2 If you are not completely satisfied with the floor plan or if you think it may contain an error, then you must tell us immediately so that we can investigate and if necessary make corrections. Present Your Property draws your attention to the requirements of the Consumer Protection Regulations (CPR) which include the Consumer Protection from Unfair Trading Regulations 2008, the Business Protection from Misleading Markets Regulations 2008, and any other relevant legislation from time to time in force. It is your responsibility to ensure that a floor plan is an accurate representation of the property. Present Your Property accepts no liability whatsoever for any error or omission or inadvertent miss-statement in a floor plan.

5.3 If you request that Present Your Property makes changes to the presentation of a Present Your Property floor plan you are responsible for checking those changes have been made correctly and also that they do not result in the property being misrepresented. If you make changes of any kind that affect the quoted floor area Present Your Property accepts no responsibility for the new quoted area.

6. Energy Performance Certificates

6.1 All of Present Your Property’s operatives are qualified and audited regularly by external, industry specific accreditation schemes. If you are not completely satisfied with the energy performance certificate in the first instance you are required to notify Present Your Property, explaining your reasons for dissatisfaction and give Present Your Property the opportunity to explain or correct the problem. Your attention is drawn to the fact that our assessors follow a specific, government created, data collection system to produce the EPC and there is little chance of ambiguity within this. The RdSAP methodology used to produce a residential EPC is limited and does not encompass all possible physical scenarios, and as a result sometimes it is impossible to convey within the EPC the trueness of the property. If you are still not satisfied after your initial complaint, Present Your Property can direct your enquiry to the relevant accreditation scheme (details of which can be found on your report) and their complaints department.

7. Your Obligations

7.1 You will be liable for the full cost of a commission if Present Your Property’s 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.

7.2 You will be responsible for ensuring that the premises to be filmed, photographed, drawn for a floor plan, or inspected for an EPC are in a suitably presentable state. You will be responsible for ensuring that the display and distribution of photographs, floor plans, via internet, post, hand delivery or email complies with all relevant CPR legislation.

7.3 You warrant that you have the authority to commission the photography and floor plan of the premises in question, including allowing Present Your Property’s employees or agents’ access to the premises.

8. Warranties and Liabilities

8.1 Present Your Property warrants that it will use reasonable skill and care to provide the commission. Present Your Property warrants that it will not materially adjust or manipulate any images filmed. All other warranties express or implied are hereby excluded to the fullest extent permitted by law.

8.2 Any liability Present Your Property may have (whether in contract, tort, including negligence or otherwise) shall be limited to the total fees paid by you under this agreement. Present Your Property 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 Present Your Property’s liability in respect of fraud or in respect of death or personal injury caused by Present Your Property’s negligence.

8.3 Present Your Property shall not be responsible for any delay or failure to carry out Present Your Property’s commissions under this agreement for reasons beyond Present Your Property’s reasonable control including but not limited to the acts or omissions of a third party or your failure to perform your obligations.

8.4 If Present Your Property’s 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.

8.5 In the event of a dispute about the quality of pictures, Present Your Property 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

9.1 Present Your Property reserves the right to terminate this agreement without notice for any reason including non-payment of fees. Present Your Property’s fees shall be payable immediately on termination or expiry howsoever caused of this agreement.

10. Intellectual Property

10.1 All copyright and other intellectual property rights in and relating to the commission shall be owned exclusively by Present Your Property.

11. General Terms

11.1 This is the only agreement between Present Your Property and yourself. 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.

11.2 Any notice given under this agreement must be made in writing only and sent by pre-paid first class post to the parties’ respective addresses. This agreement shall be governed by English law and the English courts.