LSP PHOTO – Terms & Conditions
Terms and Conditions for provision of LSP PHOTO photographs can be found here. To discuss these terms and conditions of services please contact Luke here: LUKE@LSPPHOTO.com for further details. For standard pricing details, please view the prices link on the main property page.
1. Introduction
This is a legal agreement between LSP PHOTO and You (‘You’ or ‘Your’). These terms and conditions of business shall apply to all commissions undertaken by LSP PHOTO, unless otherwise specifically agreed in writing. By ordering via telephone, fax, post or email you agree to be bound by these Terms and Conditions. All orders and requests for commissions or any additional services will be subject to LSP PHOTO acceptance which will be notified to you when LSP PHOTO confirms your order which will be governed by these Terms and Conditions. LSP PHOTO reserves the right to amend this agreement from time to time and new versions of this agreement will be posted on the LSP PHOTO web site (www.LSPPHOTO.com).
2. Commissions / Instructions
LSP PHOTO provides various services from time to time, which may include without limitation, photography or filming premises, processing digital images, creating virtual tours or other moving digital media, draughting floor-plans, lease-plans, site-plans, design and hosting of web pages and design of and printing of particulars or brochures. LSP PHOTO reserves the right to reject any commission.
3. Placing orders
Orders can be placed by emailing ORDERS@LSPPHOTO.com which is available 24 hours a day, 7 days a week (subject to occasional down time for essential maintenance).
4. Turnaround Time Guarantee
All images and floor plans (under 2,500 sq ft) are guaranteed to be returned to the email address used in placing the order by 6:00 pm the next working day, provided the property attendance appointment time is no later than 4 p.m. In the case of floor plans larger than 2,500 sq ft, we will still endeavour to meet the delivery deadline but may sometimes need longer to make certain plans are correct before returning them to you. If we fail to deliver resources by 6:00 pm then the portion of the order which is late will be free of charge. You must notify us in writing by email before the end of the next working day and we will amend your invoice accordingly.
5. Approval Time Allowance
LSP PHOTO will make all endeavours to acquire Your photographic preferences in advance of performing any work. However, if we have not received specific preferences from You in respect of photography, our photography will be deemed to be acceptable by You unless You inform us by email within 2 working days of receiving the images of the precise reason You believe the images to be unacceptable. If we agree, then the photographs will be re-shot free of charge. If we do not feel the photographs are unacceptable but the rejection is borne out of personal preferences we were not made aware of, then any required re-shooting of the property will be charged at prevailing rates.
Floor plans are guaranteed to be right first time (in respect of physical features) when submitted for approval. If we are found to have made an error, the charge for the first 1,000 sq ft of the floor plan will be refunded or credited, or a voucher will be issued at our discretion. You must notify us at the time of placing an order if there are areas which are not clearly defined or not obvious that they are demised to the property. In order to take advantage of the guarantees outlined above, we must be notified of any rejection/error within 2 working days of submission to You in writing by email or through our image approval system. Any images not accepted OR rejected within these 2 working days will be deemed to have been accepted and will be charged for according to what was originally ordered at the agreed prices, even if we have not received Your approval, even if mistakes are subsequently discovered.
6. LSP PHOTO Fees
LSP PHOTO fees are subject to change from time to time. LSP PHOTO fees are payable within 14 days on supply of an invoice on completion of the commission. LSP PHOTO reserves the right to charge interest at 4% above National Bank base rate from time to time for any amounts outstanding beyond 30 days. All invoices are subject to VAT where applicable. If, despite reminders you have still not paid any amount outstanding after 60 days from the date of invoice, then LSP PHOTO reserves the right to add a charge of £500 to the outstanding amount to cover debt collection administration.
7. Photographs, Virtual Tours and other Digital Media
LSP PHOTO will use reasonable skill and care in shooting photographs, video footage or preparing virtual tours in fulfilment of a commission. It is Your responsibility to check photographs and virtual tours supplied to ensure that they are correct in all requirements. Your attention is drawn to clause 10, ‘Your Obligations’ below which covers the limitation of LSP PHOTO’s liability. As part of placing an order You may choose photographs to be taken at the photographers discretion, please note if you select this option You will not be eligible for a free re-shoot, if specific shots are required they must be indicated when ordering. LSP PHOTO draws Your attention to the Property Misdescriptions Act 1991 (‘PMA’). LSP PHOTO may
process images (at Your request) to enhance an image but this will only be performed with accordance of the PMA, unless you instruct us otherwise in writing.
8. Floor Plans
LSP PHOTO will use reasonable skill and care in sketching and draughting floor plans. All floor plans supplied by LSP PHOTO 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. LSP PHOTO draws Your attention to the requirements of the Property Misdescriptions Act 1991 (‘PMA’). It is Your responsibility to ensure that a floor plan is an accurate representation of the property. LSP PHOTO accepts no liability whatsoever for any error or omission or inadvertent mis-statement in a floor plan. Please note that garden/outside space measurements are only ever approximate and if this consideration is of primary concern you should consider engaging a suitable RICS qualified Surveyor, although LSP PHOTO will always endeavour to measure with all possible accuracy. LSP PHOTO will amend floor plans within the PMA as requested by You although LSP PHOTO cannot accept liability for these parts not drawn and although this may not be stated on a floor plan it is inferred as per these terms. LSP PHOTO may also draw floor plans from architect’s plans or other third party information not produced by LSP PHOTO and in these instances LSP PHOTO does not accept any liability in respect of accuracy.
9. Brochures and Printing
LSP PHOTO will use reasonable care and skill in producing brochures or particulars. LSP PHOTO will supply brochure proofs by email in PDF format when requested by a client. In approving a proof for print you take full responsibility for the content of the brochure proof and will be deemed by LSP PHOTO to have checked the final version in detail including the photographs, the text and the floor plan (where applicable). When a proof is approved by you, LSP PHOTO will produce a printed brochure that reflects the PDF proof to within accepted commercial tolerances on colour reproduction. Proofs viewed on incorrectly calibrated computer screens and printed on office printers may not reflect the true colours of a brochure and LSP PHOTO takes no responsibility for differences that may arise as a result. Please also note that a proof viewed on screen will generally be slightly brighter than the printed version.
10. Your Obligations
You are liable for 90% of the full cost of a commission if LSP PHOTO’s employees or agents are unable to gain access to the premises for an agreed appointment (Please see 17. Cancellation Policy below). If another appointment is made to shoot the premises, this will be at an additional cost to be agreed between the parties (* see below).
You will be responsible for ensuring that the premises to be filmed, photographed or drawn for a floor plan are in a suitably presentable state and LSP PHOTO reserves the right to not photograph a property which is unsuitable due to state of repair or cleanliness. You will be responsible for ensuring that the display and distribution of photographs, virtual tours, floor plans and printed particulars, via internet, post, hand delivery, fax or email complies with all relevant legislation including without limitation, the Property Misdescriptions Act 1991. You warrant that you have the authority to commission the photography, production of a virtual tour, floor plan and printed particulars of the premises in question, including allowing LSP PHOTO’s employees or agents access to the premises.
11. Warranties & Liabilities
LSP PHOTO warrants that it will use reasonable skill and care to provide the commission. LSP PHOTO warrants that it will not materially adjust or manipulate any images filmed, unless requested to do so by You. All other warranties express or implied are hereby excluded to the fullest extent permitted by law. Any liability LSP PHOTO may have (whether in contract, tort, including negligence or otherwise) shall be limited to the total fees paid by you under this agreement. LSP PHOTO 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 LSP PHOTO’s liability in respect of fraud or in respect of death or personal injury caused by LSP PHOTO’s negligence. LSP PHOTO does not guarantee that any of it’s video footage or virtual tour files shall be playable on any particular computer system. LSP PHOTO shall not be responsible for any delay or failure to carry out LSP PHOTO’s commissions under this agreement for reasons beyond LSP PHOTO ‘s reasonable control including but not limited to the acts or omissions of a third party or Your failure to perform Your obligations. If LSP PHOTO ‘s employees or agents fails to arrive within 60 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. In the event of a dispute about the quality of pictures taken, LSP PHOTO may in its sole discretion, elect to re-shoot the images or offer a full refund of any monies paid. Please note that LSP PHOTO are not responsible for breakage of locks/keys when they are previously faulty and it is Your responsibility to notify LSP PHOTO of any issues in this respect before an appointment is attended. You will also be liable for and damage to LSP PHOTO equipment caused by vendors/tenants during an appointment. This section shall survive the termination of this agreement for any reason.
12. Termination
LSP PHOTO reserves the right to terminate this agreement without notice for any reason including non-payment of fees. LSP PHOTO’s fees shall be payable immediately on termination or expiry howsoever caused of this agreement.
13. Intellectual Property
All copyright and other intellectual property rights in and relating to any constituent part of a commission shall be owned exclusively by LSP PHOTO. You retain the right to unlimited marketing use of constituent parts of a commission.
14. Limitations as to Use
Digital resources produced for You by LSP PHOTO are available for use in Your company only and are not available for use in an affiliated or other company without express written consent of both Your company and LSP PHOTO. LSP PHOTO reserves the right to apply a processing charge where this circumstance is applicable to both You and LSP PHOTO.
15. General Terms
This is the only agreement between LSP PHOTO and You. 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. Any notice given under this agreement must be made in writing and sent by pre-paid first class post to the parties’ respective addresses.
16. Attendance and callout
LSP PHOTO apply a processing fee in respect of all appointments which accounts for both travel and processing in respect of images, floor plans or other digital media produced as a result of that appointment.
17. Cancellation Policy
If an appointment is cancelled less than four working hours before an appointment is scheduled to occur, a cancellation fee of 90% of an order’s value (excluding design and print costs) is incurred, including appointments where photographers cannot gain access to a property through no fault of their own including if an agreed appointment with an agreed vendor is not kept by the vendor.
A morning appointment will need to be cancelled more than four working hours before the scheduled start time. Working hours are Monday – Thursday 9 -6, Friday 9 – 5. However, if you are able to replace the cancelled appointment with a similar order, the appointment may be cancelled with no charge. If an appointment is cancelled with more than four working hours notice but less than one working days notice a 50% cancellation charge of the total order value will be incurred. If an appointment is cancelled with more than 24 hours notice a 10% cancellation charge will be incurred including appointments where orders are placed on hold and then subsequently cancelled. Please note cancellation charges apply to appointments (i.e. orders that have been booked and therefore involved time incurred by LSP PHOTO) and not to orders placed. Cancelling an order which has not been booked as an appointment incurs no charge. LSP PHOTO will assess each cancellation individually before applying cancellation charges.