Terms and Conditions
These TCs form part of a legal contract between Capture Property Marketing Ltd (“CPM”) of 5 Sydney Wharf, Bath, BA2 4EF and our client/customer: whose name being as appears on any formal written contract between CPM and said client/customer or as appearing on any invoice from CPM to said client/customer (being posted to either a known place of work/residence, the registered office of or as otherwise specified in writing to CPM by said client/customer). In placing an order with CPM (and through whatever means whether electronic verbal or written correspondence – and whether directly or via authorised agent or employ of the client/customer) the client/customer hereby agrees to be bound by these TCs.
All orders and requests for any additional products or services or variations to any order will be subject to CPM’s acceptance which will be notified to the client/customer in confirmation of any order(s) and such acceptance shall then be conditional upon the application of these TCs.
CPM reserves the right to amend these TCs at any time but will endeavour to notify the client/customer of any such material change.
2) Charges & Fees
CPM’s charges and fees are subject to change from time to time; hence, unless a particular rate is pre-agreed in writing as chargeable the charges and fees will be those printed or advertised on CPM’s website from time to time and in any event shall be those pre-charged (via direct debit, pay pal or otherwise) or invoiced to the client/customer upon a periodic basis – usually monthly. Unless otherwise agreed to the contrary all invoices are due for payment within 14 days of the date of invoice. Accordingly CPM reserves the right (1) not to deliver printed or other commissioned materials services or products until cleared funds are received and (2) to charge, at its discretion, interest on unpaid credit accounts or invoices outside of these terms, at 8% above the Bank of England base rate.
All invoices are subject to VAT where applicable. If invoices remain unpaid after 30 days, from the date of invoice, CPM shall be deemed to have the right to rescind all licenses, written or implied, for usage of images, floorplans or any other materials supplied, electronic or otherwise, with immediate effect pursuant to the copyright act of 1988. By placing an order and hereby agreeing to these TCs the client/customer expressly agrees that the charges, fees and actions, and as governed by these TCs, are fair and reasonable.
3) CPM Services, Products and Materials
CPM provides directly or indirectly a wide range of products and services which are not limited to, but may include; Photography, Printed Materials, Floorplans, Design, Energy Performance Certificates, Lease and License Plans, Web Site Design, Software/IT servicing, Branding Consultation, Training and Teaching Materials and Business Management Services and any addition to or variation of same as described from time to time on CPM’s website.
4) Supply of Services, Products and Materials
CPM will use all reasonable care in the supply of any commissioned services, products and materials (individually or collectively called “the materials”) including, but not limited to, those outlined in these TCs. It is however the client/customer’s responsibility to check that all supplied services and/or products or materials are reasonably fit for purpose, correct and to reasonable satisfaction. If, for any reason, there is material dissatisfaction CPM must be informed immediately and in writing stating the nature of the dissatisfaction and allowing CPM the opportunity, at its sole discretion, to consider making correction, replacement or otherwise rectifying. Floor-plans, specifically, are for indicative purposes only, are not produced to scale unless otherwise stated and all areas, sizes, measurements etc. are approximate. CPM will not be held liable for any errors in floor-plans that have been proofed by the client/customer as approved and hence are then forever deemed as fit for purpose. Brochure and other printable/publishable materials products or services specifically (including for incorporation in web sites, marketing materials or the like) will be proofed via email in PDF format. And by so approving a proof for print/publication the client/customer accepts full liability for the contents and format and will be deemed as having checked all aspects of the proof. This includes, but is not limited to, the text, photographs, any graphs or other graphical representation and floor-plans (and whether any of these are based upon information supplied by CPM or the client/customer). Specifically the client/customer expressly warrants that the information or content supplied by them for inclusion in the materials are both fit for purpose and legitimately can be freely used by CPM.
CPM it is accepted by the client/customer will not be held liable for any problems with the materials that are caused by information or content supplied by the client/customer its agents or any third party related to the client/customeror from which CPM is directed by the client/customer to obtain said information or content. Unless otherwise specifically agreed as part of any particular contract – or subsequently accepted by CPM in writing (and which acceptance shall be at its sole discretion) – CPM shall not be liable for executing, or the costs/financial damages associated with, any reproduction, replacement or substitution of the materials whether due to (a) claim (by the client/customer) as to inherent material fault, error or sub-standard quality or (b) external factors such as but not exclusively inclement weather, industrial action or (c) any other third party interference or limiting factor.
5) Client/Customer Primary Obligations
The client/customer will be held wholly liable for all CPM charges/fees/costs pertaining to CPM’s execution of the order including those described in our cancellations policy and the charges for non-payment described herein.
By placing the order and hence pursuant to these TCs the client/customer will be held responsible for providing or facilitating timely access to property premises or other places where CPM’s work is expected to be performed/partly performed (and responsible for any costs licences or permissions associated with such access); and as CPM reasonably requires for its contracted employees, sub-contractors, consultants or freelance operators. Furthermore the client is responsible for ensuring that said property premises or other place are fit safe and accessible for CPM to be able to efficiently execute its work and in a suitably presentable condition to CPM’s reasonably satisfaction.
6) Warranties and Liabilities
CPM warrants that it will use all reasonable skill, care and duty to provide the materials that comprise the order. All other warranties on the part of CPM; express or implied; are hereby excluded to the fullest extent permitted by law. And any liability CPM may have (whether in contract, tort, including negligence or otherwise) shall in any event be limited to the total fees paid by the client/customer in respect of any order and pursuant to these TCs. For the avoidance of doubt CPM shall not be liable to the client/customer 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. CPM shall not be responsible for any delay or failure to execute the materials as described herein for reasons outside of its sole direct control as regards the execution of its contractual obligations.
The client/customer hereby shall be deemed to indemnify CPM against any default or failing in respect of any of the client/customer’s obligations herein; express or implied.
CPM reserves all rights to terminate this agreement at its sole discretion. All Fees and charges properly invoiced by CPM will become payable regardless of and within the earlier of (i) 14 days of CPM’s written termination of the contract/delivery of the materials the subject of any order from the client/customer or (ii) the delivery of CPM’s final invoice.
8) Copyright and License
The copyright for all the materials and any inherent intellectual property within or with respect to the materials will remain with CPM for the term laid out in the copyright act of 1988. CPM reserves the right to rescind or retract any license, implied, written, or otherwise, upon termination of this agreement or at any other time, including in respect of non-payment for invoiced materials, at CPM’s sole discretion. By purchasing the materials from CPM the client/customer hereby agrees to a limited use/license for the materials. This license prohibits the re-use of the materials for any purpose, other than the client/customer direct use; such prohibition to include, but not exclusively, onward sale, exhibition and illustration; without the express prior written consent of CPM.
9) General Terms
All terms herein shall be bound into any other agreement the client/customer may have with CPM and into any agreement the client/customer may have with any third party in respect of the client/customer’s primary obligations to CPM and particularly as regards Warranties/Liabilities/Copyright insofar as the client/customer should reasonably be expected bring to the attention of and to pass these down (but then upon a deemed joint and several basis) to said third parties.. These TCs are the only ones as between CPM and the client/customer unless otherwise agreed in writing from time to time by both parties.
In the event of part of this agreement being deemed unenforceable by a court of law, the rest of this agreement will continue to apply.
Any notice given under this agreement must be made in writing 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.
10) Cancellation Policy
CPM operates the following cancellation policy which the client/customer expressly agrees to be bound by and furthermore the client/customer also accepts that all terms described herein are fair and reasonable. Cancellation or postponement of any work in respect of the materials will be at CPM’s sole discretion. Specifically such cancellation or postponement in respect of any materials for which a visit to a property premises etc., is required will generally not be chargeable provided notified in writing to CPM and acknowledged up to 18:00 the working day prior to the appointment. Cancellation after this time will automatically incur a cancelation fee of up to 60% of the invoice total.