standard terms and conditions

When using the services and/or purchasing content from Floorplanz you agree to be bound by the following terms and conditions, whether instructing us by telephone, email, letter, online or in a face to face meeting.

1. In these conditions (“these Conditions”) unless the context requires otherwise:

‘Floorplanz’ means Floorplanz Limited, a company registered in England (company number 6000587) whose registered office is at Quadrant House, 152 High Street, Old Woking, Surrey, GU22 9JH.

‘the Client’ means the person, firm or company accepting a quotation from Floorplanz for the sale/supply of Content or whose order for Content is accepted by Floorplanz;

‘Content’ means the products and services which Floorplanz, whether acting directly or through its subcontractors, is to supply in accordance with these Conditions and which are specified in any Instructions, including but not limited to floor plans, lease plans, brochures, photography, virtual tours, Home Information Packs (HIPs) and Energy Performance Certificates (EPCs);

‘Instructions’ means an order for the supply of Content placed by the Client which is accepted by Floorplanz via email and includes an order completed over the telephone via telephone, fax, via email, letter or online.

‘Contract’ means together the Instructions and these Conditions.

2. Floorplanz shall supply and the Client shall purchase the Content in accordance with the Instructions, subject in either case to these Conditions, which shall govern the Contract to the exclusion of any other terms and conditions. In the event of inconsistency between these Conditions and any special conditions contained in the Instructions, such special conditions shall prevail. No conduct by Floorplanz shall constitute acceptance of any terms put forward by the Client.

3. No order submitted by the Client shall be deemed to have been accepted by Floorplanz unless and until it has been expressly confirmed by email to the Client specifically indicating acceptance (as opposed to receipt) of the Client’s order. Cancellations of orders shall be dealt with in accordance with clauses 19 and 20 below.

4. The Prices for the Content shall be the prices stated in Floorplanz’ price list current at the date on which the Contract is made and are exclusive of VAT. Floorplanz reserves the right to vary its prices from time to time without notice.

5. Unless otherwise agreed in writing Floorplanz shall be entitled to invoice the Client by email or post for the price of the Content on submission to the Client of the final job listed in the Instructions. The Client shall pay Floorplanz’ the price of the Content within 30 days of the date of the invoice. All invoices shall include VAT where applicable.

6. If the Client fails to make payment of Floorplanz’ invoice on the due date then, without prejudice to any other right or remedy available to Floorplanz, Floorplanz shall be entitled to:

a) terminate the Contract or suspend any further deliveries of Content to the Client; and/or

b) charge the Client interest at 6% per annum on the amount unpaid from the due date until the date of actual payment, together with the reasonable costs of recovering such unpaid amounts through legal action.

7. All floor plans are intended to be for indicative purposes only. They are drawn in compliance with RICS and PMA guidelines (where stated on the specific floor plan) but it is the Client’s responsibility to confirm that the plan is a reasonably accurate representation of the property and Floorplanz shall not be responsible in the event that floor plans are not a reasonable representation of the property.

8. All requests for amendments or changes to a floor plan must be emailed to and carried out by Floorplanz and not by any third party. Floorplanz does not accept any responsibility or liability where amendments or changes to floor plans are made by a third party. Floor plans shall not be sold or transferred to any third party without prior written permission from Floorplanz – see further clause 27 below.

9. It is the Client’s responsibility to inform Floorplanz, at the time the Client places the order, whether the Client requires any outbuildings to be included in the floor plan and the name of each room of the property that the Client is instructed to sell.

10. When re-ordering copy plans from Floorplanz’ archive it is the Client’s responsibility to confirm that the floor plan remains accurate and, if it does not remain accurate, to inform Floorplanz of any alterations to the property.

11. Where floor plans are produced from Client sketches (Sketch & Fax) or re-drawn from other representations of the property, Floorplanz accepts no responsibility or liability for the accuracy of the floor plans or any areas calculated from them.

12. Floorplanz (and its agents) will use reasonable skill and care in shooting, taking, editing and providing photographs, virtual tours and property videos in accordance with the Client’s instructions. Notwithstanding this, it remains the Client’s responsibility to ensure that the photographs, virtual tours and property videos supplied by Floorplanz meet the Client’s requirements. Photographs, virtual tours and property videos shall not be sold or transferred to any third party without prior written permission from Floorplanz – see further clause 27 below.

13. Floorplanz (and its agents) will use reasonable skill and care in producing brochures to the Client’s instructions. In approving, by email, a proof in PDF (or other electronic format) the Client takes full responsibility for the content of the brochure and will be deemed by Floorplanz to have checked and be satisfied with all aspects of the brochure including but not limited to the text, photographs, floor plans (including compass points), layout, logos and corporate colours.

14. Where necessary, two simple post proof amendments will be made to the draft brochure free of charge. Floorplanz reserves the right to charge the Client for any further amendments. Where the Client supplies photographs additional charges may be levied by Floorplanz should the Client instruct Floorplanz to carry out any digital re-touching. Brochures shall not be sold or transferred to any third party without prior written permission from Floorplanz – see further clause 27 below.

15. In respect of all Content provided by Floorplanz it is the Client’s responsibility to obtain, in advance of publication, any necessary clearances in respect of models, third party copyright works, trade marks, designs or other intellectual property except where such clearances have already been obtained by Floorplanz’ subcontractor. The Client agrees to indemnify Floorplanz against any damages, losses, costs, claims or expenses incurred by Floorplanz as a result of any failure by the Client to obtain such clearances

16. Where Floorplanz supplies an extract from an Ordnance Survey Map (including from their licensed partners) or the Client supplies Floorplanz with a location map or similar for use in Content, it is the Client’s responsibility to ensure it has obtained the appropriate Paper Map Copying License in advance from Ordnance Survey.

17. The Client shall be responsible for providing access to the property at the time agreed in the Instructions and for ensuring that the property is both easily accessible and, in the case of photographs, virtual tours and property videos, in a suitably presentable condition. Floorplanz shall not be held responsible if the photographs taken or the virtual tours or property videos produced are not considered suitable due to the condition of the property at the time the photographs were taken or the virtual tours or property videos were recorded.

18.  Floorplanz Limited is an independent company that has entered into to an association with Independent HIP and Firsthips Ltd in the joint marketing of Home Information Packs. Floorplanz do not produce HIPs nor are they responsible for the document contained therein. Floorplanz makes no representation on the validity or reliability of the search documents contained within the HIP. Floorplanz will not be liable for a HIP which does not comply with the HIP Code, or any other regulations specific to HIP’s or Energy Performance Certificates.

Use of Personal Data: In order to provide a Home Information Pack (HIP), the personal data you or your estate agent has supplied will only be used for the purpose for which it has been provided i.e. the compilation and provision of the HIP. The data will be shared between Floorplanz Ltd, our HIP provider(s) and our respective sub-contractors in order to complete your HIP order and who will be bound by these terms.

19. The Client warrants that it has all necessary authorities and permissions to commission floor plans, photography, virtual tours, property videos, HIPs, EPCs and brochures or related services in relation to the property in question including allowing representatives of Floorplanz access to the property. The Client agrees to indemnify Floorplanz against all expenses, damages, claims and legal costs where such clearances have not been obtained. 

20. It is Floorplanz’ policy to accept cancellations up to 5.30pm on the working day before an appointment without charge. Where cancellations are received after 5.30pm on the working day before an appointment Floorplanz shall be entitled to charge the Client a penalty charge of up to 50% of the original job charge.

21. In the event that a brochure is cancelled after an order has been accepted but prior to delivery the Client will be responsible for all costs and expenses incurred by Floorplanz up to the point of cancellation.

22. Floorplanz warrants to the Client that;

a)  the Content will, at the time of delivery to the Client, correspond with the Instructions and be of satisfactory quality;

b) it shall provide the Content using all reasonable care and skill and as far as reasonably practicable, in accordance with the Instructions;

provided that, in respect of all Content Floorplanz shall not be liable to the Client for any loss, damage, costs, expenses or other claims for compensation arising out of or in connection with any breach by the Client of its obligations under the Contract.

23. Subject as expressly provided in these Conditions, all warranties, conditions or other terms implied by statute or common law are excluded to the fullest extent permitted by law.

24. In respect of any breach by Floorplanz of the warranties given by it under clause 21 above, Floorplanz’ liability to the Client shall be limited at Floorplanz’ sole discretion to:

a) reworking, reproducing or repeating of the Content (or any parts) in question; and/or

b) repayment of the price, or a proportion of the price, attributable to the Content in question.

25. Floorplanz shall not be liable to the Client by reason of any negligence or any other tortious action or any representation (unless fraudulent), or any implied warranty, condition or other term, or under any express terms of the Contract, for any loss of anticipated revenue or savings, loss of profits, loss of business opportunities, loss of goodwill or damage to reputation or any indirect, special or consequential loss or damage, costs, expenses or other such claims for compensation whatsoever (whether caused by the negligence of Floorplanz, its employees or agents or otherwise) which arises out of or in connection with the Contract, except as expressly provided in these Conditions.

26. The entire liability of Floorplanz in respect of any and all claims made against it by the Client under or in connection with the contract shall not exceed the total price payable under the Contract, except as expressly provided in these conditions.

27. All copyright, trade marks, design rights and other intellectual property rights of any kind whatsoever whether registered or capable of registration or not in any part of the world and the right to apply for any of the foregoing rights subsisting in relation to or created or developed by Floorplanz or its subcontractors in the course of creating and providing the Content shall remain (as between Floorplanz and the Client) the absolute property of Floorplanz or its subcontractors and no rights in such property are granted to the Client save for a non-exclusive licence to use the Content for the purposes contemplated by the Contract.

28. The Client shall not be entitled to assign or sub-contract or otherwise dispose of any of its rights or obligations under the Contract without the prior written consent of Floorplanz. In particular, the Client shall not be entitled to transfer or assign any Content to a third party, including to other property agents, without the prior written consent of Floorplanz.

29. The Contract constitutes the entire agreement and understanding between the parties with respect to its subject matter and the terms of the Contract shall supersede any previous agreements. Each of the parties acknowledges and agrees that in entering into the Contract it does not rely on, and shall have no remedy and waives all rights in respect of, any statement, representation, warranty or undertaking (whether negligently or innocently made) of any person (whether a party to the Contract or not) other than as expressly set out in the Contract as a warranty or a representation.

30. When the Client enquires about Floorplanz’ services and/or becomes a client of Floorplanz the Client’s name and contact details may be entered onto Floorplanz’ database and client relationship management system. From time to time Floorplanz and its IT and marketing consultants, may use this information for direct marketing purposes in connection with the business interests of Floorplanz but the Client’s information will never be transferred to other third parties unless prior permission has been obtained. The Client shall have the power to remove its details from the database and client relationship management system at any time by emailing info@floorplanz.co.uk.

31. No variation to the Contract shall be effective unless made in writing and signed by or on behalf of the parties. Floorplanz reserves the right to amend these terms and conditions from time to time and will post the current version on its website at www.floorplanz.co.uk.

32. Nothing in the Contract is intended to confer on any person any right to enforce any term of the Contract which that person would not have had but for the Contracts (Rights of Third Parties) Act 1999.

33. Floorplanz shall not be liable to the Client or be deemed to be in breach of contract by reason of any delay in performing or any failure to perform any of Floorplanz’ obligations under the Contract if the delay or failure was due to any circumstances beyond Floorplanz’ reasonable control.

34. If any provision of the Contract is declared void or unenforceable by any court or is otherwise rendered so by any applicable law, such provision shall to the extent of such invalidity or unenforceability be deemed severable and all other provisions of the Contract not affected by such invalidity or unenforceability shall remain in full force and effect.

35. Any notice given under the Contract must be in writing and sent by pre-paid first class post to the parties’ respective addresses and will be deemed effectively served on the second business day following the day of posting. Floorplanz’ address for notices is Quadrant House, 152 High Street, Old Woking, Surrey, GU22 9JH.

36. The construction, validity and performance of the Contract shall be governed by the law of England and Wales and the parties agree to submit to the exclusive jurisdiction of the courts of England and Wales.