BACKGROUND:

 

These Terms and Conditions, together with a nay and all other documents that apply to the use of this Website, set out the terms of use under which you may use this Website. www.1st-image.com (Our Website).  Please read these Terms and Conditions carefully and ensure you understand them.  Your agreement to comply with and be bound by these Terms and Conditions is deemed to occur upon you first use of Our Website.  By accessing this Website and/or placing an order, you agree to be bound by these Terms and Conditions.  Using this Website indicates that you accept these Terms and Conditions regardless of whether or not you choose to order from us.  If you do not accept these Terms and Conditions, do not use this Website.

 

The term “1st Image” , “Us”,  “We” or “Our” refers to the owners of the Website – 1st Image.  The Term “You”, “Your”, “Yours” refers to a user, Client, viewer/visitor of our Website. 

 

Introduction

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This is a legal agreement between 1st Image and You (“You” or “Your”).  These Terms and Conditions of business shall apply to all commissions undertaken by 1st Image, unless otherwise specifically agreed in writing.  By placing an order via this Website, email (info@1st-image.com) or by telephone (01243 842860) you agree to be bound by these Terms and Conditions.  All orders and requests for commissions or any additional services will be subject to1st Image’s acceptance which will be notified to you when 1st Image confirms Your order which will be governed by these Terms and Conditions. 1st Image reserves the right to amend this agreement from time to time and new versions of this agreement will be posted or emailed to You.  You should check this Website from time to time to review the current Terms and Conditions because they are binding to you.

 

• 1st image is not required to undertake works under any circumstances in which their representatives feel unsafe, exposed or at risk in any way whatsoever.

 

• By accepting and agreeing to 1st Image’s Terms and Conditions, it does not inflict any responsibility to place a specific amount of orders.  If the Client decides to terminate a business relationship with 1st Image, there are no cancellation fees, but the Client remains liable for work carried out and any invoices due.

 

• 1st Image has the right to open or reject a credit account.  To set up an account the Company must be registered in Companies House and must have a running Website and an email address with the same domain name.  Online reviews may be taken into consideration.

 

Placing Orders

 

• Orders can be placed via the Website, via email (info@1st-image.com) or via telephone (01243 842860).  All orders are considered as booked only upon the Client receiving the confirmation email, not via the telephone or through a verbal agreement.

 

• To complete a booking, we need a full address of the property including postcode, approximate size (no. of Bedrooms) access details and package requirements (EPC, EPC & Floorplan, Floorplan Only, EPC, Floorplan & Photos, 360 Virtual Tour, Video Tour Etc.)

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• It is 1st Image’s aim, but not guarantee that, wherever possible, all orders place online or via email (and confirmed in writing via email) received by us before 4pm will be attended to the next working day, subject to access or the access contact being available.

 

• Orders are based on a “first come, first served” basis.  Ist Image can advise the Client of  our availability over the telephone but cannot hold any slots without booking the slot for the Client.

 

• It is the Client's responsibility to send 1st Image clear instructions.  If any revisits occur because of incomplete or inaccurate instructions this shall be at the Client’s expense.

 

• Photos will be delivered to you in a high resolution JPEG format via either our Website email or WeTransfer.

 

Pricing and Fees

 

• All prices are exclusive of VAT and are subject to change at any time.

 

• Price agreements are non-contractual and are subject to change.       

 

• All 360 Virtual Tours or Videos hosted by 1st Image have 12 months of hosting included.  If you require the links to remain active for longer then an administration and further hosting fee will be charged.

 

• All payment of “on Account” invoices must be received as per the agreement arranged between 1st Image and You.

 

 

• Please note, 360 Virtual Tours are not available as a downloadable link.  They need to be hosted as they are an interactive experience.

 

Floorplans

 

We strive to ensure the accuracy of our floor plans, however, all dimensions are approximate and our plans are for illustrative purposes only.Whilst every attempt is made to ensure the accuracy of our floor plans all measurements, positions of fixtures and fittings and any other data shown are an approximate interpretation and should be viewed as such.

 

• Our Floorplans are not intended to be scale drawings and measurements and areas quoted are approximate.  Our Floorplans will always contain a disclaimer and should this be removed by the Client, 1st Image will not be held liable for any incorrect measurements and/or calculations of for any error or omission on inadvertent misstatement in a floor plan.

 

 

• It is the Clients responsibility to ensure that the supplied plan correctly represents the property.  1st Image accepts no responsibility if the valuation of the property is based on the measurements of the plan drawn by 1st Image.

 

• 1st Image will amend floor plans within the Consumer Protection from Unfair Trading Regulations 208 Act (CPRs) as requested by You although 1st Image cannot accept liability for these parts not drawn and although this may not be stated on the floor plan it is inferred as per these terms.

 

 Photographs

 

• At 1st Image every image received is converted into JPEG and our editing service includes, but not subject to: white balance and colour correction, correcting exposure, brightness, saturation and contrast, removing lens distortion and aberration, setting the correct perspective of the photograph, adding blue sky, removing wires and unwanted items, removing unwanted reflections to name a few.

 

1st Image takes no responsibility if the Client is dissatisfied with end result due to the weather conditions of the taken photograph or any other conditions that are out of 1st Image’s direct control.

 

 

Energy Performance Certificates

 

• EPC bookings will only be confirmed once and EPC appointment has been confirmed with a DEA (Domestic Energy Assessor)  The Fee for an EPC is £85.00 and is not subject to VAT.

 

• The EPC link will be sent via email within 48 hours of the Survey being carried out.  On the rare occasion that the EPC Register is down for Maintenance or any other reason and the Certificate can not be produced within this timescale we will notify You of this and email the Certificate as soon as normal service resumes.

 

• If there are any Certificates or paperwork pertaining to the property which can be used as evidence and later the Energy Performance Certificate results, these should be provided to the DEA at the appointment or emailed to them as soon as is practicable in order to include such evidence within the EPC, otherwise the ECP will be created based on the data collected by the DEA at the time of the appointment and assumptions made by the software provided by the Accredited Certification Body.

 

• Any re-lodgement to update any information on the EPC shall be charged at £15.00 and is not subject to VAT.

 

Your Obligations

 

• You are liable for a 50% cancellation fee if 1st Image is unable to gain access to the property for an agreed appointment Please refer to our Cancellation Policy in Paragraph 4).

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• You are responsible for ensuring that the display and distribution of photographs, virtual tours, video tours and floor plans via internet, post, hand delivery, fax or email complies will all relevant legislation including without limitation, the Consumer Protection from Unfair Trading Regulations 2008 Act (CPRs).  You warrant that you have the authority to commission the photography, production of a virtual or video tour and floor plan of the premises in question, including allowing 1st Image and or Our Representative access to the property.

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Copyrights and Intellectual Property

 

1st Image shall exclusively own all Copyright and other intellectual property rights relating to all visual material and resources produced by Us including all materials on this Website.  All images supplied by 1st Image are subject to the Copyright Designs and Patents Act 1988 and remain the property of 1st Image at all times.  No images may be downloaded or used without the express permission from 1st Image for any purpose whatsoever.

 

1st Image are not liable for any content generated by AI that may be misleading, false, offensive, or illegal. We cannot be held responsible for any damages, including lost profits or savings, or other incidental, consequential, or special damages arising from Our services. We are not aware of how you intend to use the output data and thus cannot be held responsible for any damages stemming from Your use of it.

 

You confirm that any content You provide us (text, graphics, images, etc.) is either owned by You or You have permission to use it. By using Our service, you grant us a non-revocable, sublicensable, worldwide license to use this material. By registering with a company email, You permit us to use your company logo for advertising purposes and confirm that You have the right to do so.

 

Limitations as to Use

 

Digital resources produced for You by 1st Image are available for use in Your Company only and are not available for use in an affiliated or other Company without the express written permission of both Your Company and 1st Image.  1st Image reserves the right to apply a processing charge where this circumstance is applicable to both Your Company and 1st Image.

 

Service Access

 

• While we strive to ensure that this Website it normally available 24 hours a day, we will not be liable if for any reason this Website is unavailable at any time for any period.

 

• Access to this Website may be suspended temporarily and without notice in the case of system failure, maintenance, repair or for other reasons beyond the control of 1st Image.

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Links to and from other Websites

 

Links to third-party websites on this Website are provided solely for your convenience.  If you use these links, you leave this Website.  1st Image have not reviewed all of these third-party websites and do not control and are not responsible for these websites or their content or availability.  We therefore do not endorse or make any representations about them or any material found there, or any results that may be obtained from using them.  If you decide to access any of the third-party websites linked to this Website, you do so at entirely your own risk.

 

• Viruses, Malware and Security

 

• We exercise all reasonable skill and care to ensure that Our Website is secure and free from viruses and other malware.

 

• You are responsible for protecting Your hardware, software, data and other materials from viruses, malware ad other internet security risks.

 

• You must not deliberately introduce viruses or other malware or any other material which is malicious or technologically harmful either to our or via Our Website.

 

• You must not attempt to gain unauthorised access to any part of Our Website, the server on which Our Website is located or any other server, computer, or database connect to Our Website.

 

• You must not attack Our Website by means of a denial of service attack, a distributed denial of service attack or by any other means.

 

• By breaching the provisions of sub-clauses the above sub-clauses you may be committing a criminal offence under the Computer Misuse Act 1990.  Any and all such breaches will be reported to the relevant authorities and We will co-operate fully with those authorities by disclosing your identity to them.  Your right to use Our Website will cease immediately in the event of such  a breach.

 

Disclaimers

 

WEBSITE:

• Nothing on Our Website constitutes advice on which you should rely.  It is provided for general information purposes only.

• Insofar as is permitted by law, we make no representation, warranty or guarantee that Our Website will meet your requirements, that it will not infringe the rights of third parties, that it will be compatible with all software and hardware, or that it will be secure.

 

• We make reasonable efforts to ensure that the Content on Our Website is complete, accurate and up-to-date.  We do not however, make any representations, warranties or guarantees (whether expressed or implied) that the Content is complete, accurate or up-to-date.

 

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1st Image DISCLAIMER:

 

  “1st Image give notice that”

 

• We prepare all Our particulars in good faith.  They should only be used as a general outline for the guidance and general information of intending purchasers or lessees and to be used for marketing purposes only and do not constitute in whole or in part, an offer or contract.

 

• Reasonable endeavours have been made to ensure that the information given in Our particulars is materially correct but any intending purchaser or lessee should satisfy themselves by inspection, searches, enquiries and full survey as to the correctness of each statement.

 

• All statements in our particulars are made without responsibility on the part of 1st Image.

 

• No statement in our particulars are to be relied upon as a statement or representation or warranty in relation to any property.

 

• 1st Image has no authority to make any representation or warranty in relation to any property.

 

• Nothing in these particulars shall be deemed to be a statement that the property is in good repair or condition or otherwise not that any services or facilities are in good repair or working order.

 

• Photographs may show only certain party and aspects of the property at the time when the photographs were taken and you should reply upon actual inspection of the property.

 

• Any areas, measurements or distances quoted are approximate and should not be used to value a property or be the basis of any sale or let.

 

• 1st Image do not take into consideration any wall thickness when drawing Floor Plans.  We therefore quote the gross internal area which may vary in respect of this.  1st Image will not accept liability for differing calculations on Floor Plans and therefore advise all parties not to calculate property values based on the supplied Floor Plans.  We do not specifically measure door widths and these are given as standard 2’3” for internal doors and 2’6” for the entrance door.

 

• Floor Plans supplied by 1st Image are for illustrative purposes only and are not drawn to scale.

 

• 1st Image Floor Plan measurements are written as standard always quoting the longest or largest measurement first.

 

• 1st Image Floor Plan square footage includes all chimney breasts, corner pillars and other structural protrusions.  We do not include restricted head heights unless requested by the Client and these are specifically stated on the Floor Plan.

 

• Garages are included in the square footage of the Floor Plan unless otherwise requested by the Client and are stated in the disclaimer.

 

• Stand alone Out Buildings are included in the Floor Plan unless otherwise requested by the Client and are stated in the disclaimer.

 

• Eaves Storage,  balconies, communal areas and staircases are excluded from the square footage of the Floor Plan and are stated in the disclaimer.

 

• 1st Image use standard symbols for all internal fixtures such as baths and sinks and these are for illustrative purposes only and do not indicate the actual size, location or style of fitting.

 

• Photographers or Assessors may refuse access to any rooms / spaces due to health and safety concerns.

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Acceptable Usage Policy

 

• You may only use Our Website in a manner that is lawful, specifically:

• You must ensure that You comply fully with any and all local, national or international laws and/or regulations;

 

• You must not use Our Website in any way, or for any purposes, that is unlawful or fraudulent;

 

• You must not use Our Website to knowingly send, upload, or in any other way transmit data that contains any form of virus or other malware, or any other code designed to adversely affect computer hardware, software, or any data of any kind; and

 

• You must not use Our Website in any way, or for any purpose, that is intended to harm any person or persons in any way.

 

• We reserve the right to suspend or terminate your access to Our Website if you materially breach the provisions of this Clause 10 or any of the other provisions of these Terms and Conditions. Specifically, we may take one or more of the following actions:

 

• Suspend, whether temporarily or permanently, Your right to access Our Website;

 

• Issue You with a written warning;

 

• Take legal action against you for reimbursement of any and all relevant costs on an indemnity basis resulting from your breach;

 

• Take further legal action against you as appropriate;

 

• Disclose such information to law enforcement authorities as required or as We deem reasonably necessary and/or

 

• Any other actions which We deem reasonably appropriate (and lawful).

 

• We hereby exclude any and all liability arising out of any actions (including, but not limited to those set above) that We may take in response to breaches of these Terms and Conditions.

 

Privacy

 

Use of Our Website is governed by our Privacy Policy, available from  1st-image.com/privacy-policy  These policies are incorporated into these Terms and Conditions by this reference.

 

Contacting Us

 

To contact Us, please email us at info@1st-image.com

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Communications from Us

 

• If we have Your contact details, we may from time to time, send you important notices by email.  Such notices may relate to matters including, but not limited to, service changes and changes to these Terms and Conditions.

 

For questions or complaints about communications from Us (including, but not limited to marketing emails), please contact Us at info@1st-image.com

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Data Protection

 

• All personal information that We may use will be collected, processed and held in accordance with the provisions of The Data Protection Act 2018 and Your rights under UK GDPR.

 

• For complete details of Our collection , processing, storage and retention of personal data including, but not limited to, the purpose(s) for which personal data is used, the legal basis or bases for using it, details of Your rights and how to exercise them, and personal data sharing (where applicable) please refer to Our Privacy Policy.

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Law and Jurisdiction 

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• These Terms and Conditions, and the relationship between You and Us (whether contractual or otherwise)  shall be governed by, and construed in accordance with the law of England and Wales. 

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• If you are a consumer, You will benefit from any mandatory provisions of the law in your Country of residence.  Nothing in the above clauses takes away or reduces Your rights as a consumer to rely on those provisions.

 

• If you are a consumer, any dispute, controversy, proceedings or claim between You and Us relating to these Terms and Conditions, or the relationship between You and Us (whether contractual or otherwise) shall be subject to the jurisdiction of the Courts of England, Wales, Scotland or Northern Ireland as determined by Your residency.

 

• If you are a business, any disputes concerning these Terms and Conditions, the relationship between You and Us, or any matters arising therefrom or associated therewith (whether contractual or otherwise) shall be subject to the non-exclusive jurisdiction of the Courts of England and Wales.

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