These Terms and Conditions ("Terms") govern the supply of services by SEE3D LTD ("See3D", "we", "us" or "our"), company number 16365453, registered at Flat 7 Malt Works Apartments, 281 Field End Road, Ruislip, England, HA4 9DQ, to its clients ("you", "the Client"). By engaging See3D for services, you agree to be bound by these Terms. They apply to the exclusion of any other terms you seek to impose.
1. Definitions
- —Services – the 3D scanning, virtual tour, photography, videography, measured survey, floor plan, hosting and related services described in our quotation.
- —Deliverables – the photographs, videos, 3D scans, virtual tours, floor plans, data and other materials produced by See3D in providing the Services.
- —Site – the property or location at which the Services are to be carried out.
2. Quotations and acceptance
Quotations are valid for 30 days from the date of issue unless otherwise stated. A contract is formed when you accept our quotation in writing (including by email) or instruct us to proceed. All quotations are exclusive of VAT unless stated otherwise, which will be added at the prevailing rate where applicable.
3. Scope of services
We will provide the Services with reasonable care and skill and in accordance with the description set out in our quotation. Any additional work requested that falls outside the agreed scope will be quoted for separately and may be subject to additional charges.
4. Client responsibilities and site access
You are responsible for ensuring that we have safe, lawful and timely access to the Site at the agreed time, and for obtaining any permissions, consents or permits required for us to carry out the Services. Where we are unable to access the Site, or are delayed, for any reason within your control, you will be charged for the time and costs incurred, up to the full cost of the booking plus any additional expenses.
5. Site preparation
Unless otherwise agreed, you are responsible for preparing the Site so that it is ready to be captured at the time of our visit. We will capture the Site as it is presented. If we are delayed, or required to make a return visit because the Site was not ready, we reserve the right to charge for the additional time at our standard rate, subject to a minimum charge of half a day.
6. Fees and payment
Fees are as set out in our quotation. Unless otherwise agreed in writing, invoices are payable within 14 days of the invoice date. We reserve the right to withhold delivery of, or access to, the Deliverables until payment has been received in full.
We reserve the right to charge interest on overdue amounts at 4% above the Bank of England base rate, together with a reasonable administration fee, until payment is made in full.
7. Deposits
Unless otherwise agreed, a deposit of 50% is required to confirm a booking. Deposits are non-refundable as they secure the booking date and cover pre-production work, save where required by law.
8. Cancellation and rescheduling
- —Cancellations or rescheduling requests made more than 3 working days before the booking: no charge.
- —Cancellations or rescheduling made within 3 working days: 50% of the fee may be charged.
- —Cancellations with less than 48 hours' notice, or non-attendance: up to 100% of the fee may be charged.
Where any third-party costs or expenses have been incurred by us as a result of your cancellation or rescheduling, you will remain liable for those costs.
9. Weather and conditions
Some Services (such as external or aerial photography) are affected by weather and conditions beyond our control. Where conditions prevent us from carrying out the Services safely or to an acceptable standard, we will use reasonable endeavours to reschedule. An additional visit may be required, which may be subject to an additional charge.
10. Intellectual property and licensing
See3D retains all intellectual property rights, including copyright, in the Deliverables. On receipt of full payment, we grant you a non-exclusive licence to use the Deliverables for the purposes set out in the quotation. Unless expressly agreed in writing, this licence does not permit resale, sub-licensing or transfer of the raw data or Deliverables to third parties.
We reserve the right to use the Deliverables (or extracts of them) for our own marketing, portfolio and promotional purposes, unless you request otherwise in writing before the work is carried out.
11. Hosting
Where the Services include hosting of a virtual tour or 3D model (for example, via a third-party platform), hosting is provided for the period stated in the quotation. Liability for the hosting platform itself rests with the relevant platform provider. Continued hosting beyond the agreed period may be subject to an annual fee. It is your responsibility to request continued hosting before the end of the agreed period.
12. Confidentiality
We will treat any data or sensitive information about your business acquired in the course of providing the Services as confidential, and will return or securely destroy it on request. Where preferred, we are happy to enter into a non-disclosure agreement before commencing a project.
13. Insurance
See3D holds Public Liability insurance (indemnity limit £100,000) and Employers' Liability insurance (indemnity limit £1,000,000). Details of our current cover are available on request.
14. Liability
Nothing in these Terms limits or excludes our liability for death or personal injury caused by our negligence, for fraud, or for any other liability that cannot lawfully be limited or excluded.
Subject to the above, our total liability to you in connection with the Services, whether in contract, tort (including negligence) or otherwise, is limited to the total amount paid by you for the Services giving rise to the claim. We are not liable for any loss of profit, loss of business, or any indirect or consequential loss.
15. Health, safety and the Site
We will conduct ourselves professionally and safely while at the Site. You agree to inform us of any hazards or risks at the Site in advance. Where children, pets or members of the public are present, you are responsible for keeping them away from our equipment; any damage to our equipment caused by a third party at the Site may be charged to you. We may postpone or cancel a visit on arrival if we reasonably consider that the Site is unsafe.
16. Force majeure
We are not liable for any failure or delay in performing the Services that is caused by events outside our reasonable control, including but not limited to acts of God, severe weather, illness, accident, equipment failure, or restrictions imposed by authorities.
17. Data protection
We process personal data in accordance with our Privacy Policy and applicable data protection law. By engaging our Services, you acknowledge that we may process personal data as described in that policy.
18. Governing law and jurisdiction
These Terms, and any dispute arising out of or in connection with them, are governed by the laws of England and Wales, and the courts of England and Wales have exclusive jurisdiction.
19. Changes to these Terms
We may amend these Terms from time to time. The version in force at the time your booking is confirmed will apply to that booking.
20. Contact
For any questions about these Terms, please contact us at enquiries@see3d.ai.