Quidos Disclaimer
Quidos Ltd. Terms & Conditions and Cancellation Policy Notice
1) Introduction
This is a legal agreement between Quidos and You (‘You’ or ‘Your’). These terms and conditions of business shall apply to all commissions undertaken by Quidos, unless otherwise specifically agreed in writing. By using an online order form or 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 Quidos' acceptance which will be notified to you when Quidos confirms Your order and will be governed by these Terms and Conditions. Quidos reserves the right to amend this agreement from time to time and new versions of this agreement will be posted on Quidos' web site.
2) Quidos Commissions
Quidos provides various services from time to time, which may include without limitation filming and photographing premises, processing panoramic images, creating virtual tours, draughting floor-plans, hosting web pages and printing particulars. Quidos reserves the right to reject any commission.
3) Quidos Fees
Quidos' fees are subject to change from time to time. Quidos' fees are payable immediately on supply of an invoice on completion of the commission. Quidos 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. If, despite reminders you have still not paid any amount outstanding after 90 days, then Quidos reserves the right to add a charge of £500 to the outstanding amount to cover debt collection administration.
4) Photographs and Virtual Tours
Quidos will use reasonable skill and care in shooting photographs and preparing virtual tours in fulfillment 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 8 below which covers the limitation of Quidos' liability.
5) Floor Plans
Quidos will use reasonable skill and care in sketching and draughting floor plans. All floor plans supplied by Quidos 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. Quidos 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. Quidos accepts no liability whatsoever for any error or omission or inadvertent mis-statement in a floor plan.
6) Web Hosting
Where Quidos agrees as part of a commission to host files on Quidos' web server, then in the absence of a specific agreement to the contrary, such hosting will be provided for a period of 1 year only. At the expiry of this 1 year period, or such other period as shall have been agreed, Quidos will have the right, without notice, to remove the files from its web server. Quidos may offer to extend the web hosting for a fee to be agreed between the parties.
7) Printing
Quidos will use reasonable care and skill in producing brochures. Quidos will supply brochure proofs by email in PDF format. In approving a proof for print you take full responsibility for the content of the brochure proof and will be deemed by Quidos to have checked the final version in detail including the photographs, the text and the floor plan. When a proof is approved by you, Quidos 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 Quidos takes no responsibility for differences that may arise as a result. Note also that a proof viewed on screen will generally be slightly brighter than the printed version. In the event that on delivery to you the brochures are unsatisfactory due to damage in transit or for any other reason you must retain all copies affected for collection by Quidos to allow the problem to be assessed, otherwise Quidos cannot take responsibility for rectifying such errors.
8) Your Obligations
You will be liable for the full cost of a commission tour if Quidos' employees or agents are unable to gain access to the premises for an agreed appointment (* see 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. 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 Quidos' employees or agents access to the premises.
9) Warranties and Liabilities
Quidos warrants that it will use reasonable skill and care to provide the commission. Quidos 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. Any liability Quidos may have (whether in contract, tort, including negligence or otherwise) shall be limited to the total fees paid by you under this agreement. Quidos 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 Quidos' liability in respect of fraud or in respect of death or personal injury caused by Quidos' negligence. Quidos does not guarantee that any of it's virtual tour files shall be playable on any particular computer system. Quidos shall not be responsible for any delay or failure to carry out Quidos' commissions under this agreement for reasons beyond Quidos' reasonable control including but not limited to the acts or omissions of a third party or Your failure to perform Your obligations. If Quidos' 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. In the event of a dispute about the quality of pictures taken, Quidos 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.
10) Termination
Quidos reserves the right to terminate this agreement without notice for any reason including non-payment of fees. Quidos' fees shall be payable immediately on termination or expiry howsoever caused of this agreement.
11) Intellectual Property
All copyright and other intellectual property rights in and relating to the commission shall be owned exclusively by Quidos.
12) Limitation as to use
You are expressly prohibited from using any part of a virtual tour commission undertaken by Quidos in conjunction with any other virtual tour software.
13) General Terms
This is the only agreement between Quidos 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. [Quidos' address is Quidos Ltd., 10 Argyle Street, Bath BA2 4BQ]. This agreement shall be governed by English Law and the English courts.
14) Cancellation Policy
Our policy is that You can postpone a job at any time up to 5pm the day before the visit to the property without cost, so long as Quidos has not already become committed to expenditure which can not be avoided (eg travel costs). If Quidos has already become committed to such costs, Quidos will charge You accordingly.
Cancellation or postponement of a job for any reason after 5pm of the day prior to photography incurs an automatic charge equivalent to 25% of the full price of the job.
