MBS-EXPERT LIMITED
Business Terms and Conditions
1. THE FOLLOWING TERMS ARE TO BE READ AS:
- the ‘company‘ – it will be read as MBS-Expert Ltd;
- the ‘client‘ – any company or individual that will benefit from the Company services, other than MBS-Expert Ltd;
- the ‘surveyor‘ – the person, employed by the company responsible for gathering site data and processing the project.
- the ‘project‘ – any drawing plan or set of files created by the Company under the same project name or project number;
- the ‘quotation time‘- the period of time allocated by the Company to calculate the cost of the Project;
- the ‘quote‘ – the cost calculated by the Company for the completion of the Project and proposed to the Client;
- the ‘project cost‘ – the calculated cost for the Project and accepted by the Client;
- the ‘client data support‘ – any data transmitted to the Company, by the Client, part of the project processing, e.g. the point cloud, raw scanner data, location and boundaries map, etc.;
- the ‘deposit‘ – first instalment for the value of 50% of the Project Cost;
- the ‘final payment‘ – second and final instalment for the value of 50% of the Project Cost;
- the ‘contract‘ – the agreement concluded by both Client and the Company, including any terms defined in this document and also the terms from the Project Specification Form;
- the ‘site survey‘ – the field work performed by the surveyor in order to gather data;
- the ‘project processing time‘ – the amount of time required, and accepted by the Client, for the processing of the Project;
- the ‘point cloud‘ – the outcome of laser scanner raw data (resulted from measurements) and processed by a specialised software.
- Processing the raw data obtained through measurements is defined as Data Registration.
- PROJECT SPECIFICATION FORM – contains all the requirements and specifications for a project completion. These elements are negotiated by the Company with the Client.
- Force Majeure – means an event or sequence of events beyond the Company’s reasonable control preventing or delaying it from performing its obligations under the Contract including (but not limited to) an act of God, fire, flood, lightning, earthquake or other natural disaster or general weather conditions; war, riot or civil unrest, strike, lockout or boycott or other industrial action; interruption, delay or failure of supplies to the Supplier of power, fuel, water, transport, equipment, workmen or telecommunications service, or material required by or for performance of the Contract;
2. GENERAL TERMS
2.1 The Company reserves the right to use subcontractors for parts of, or the whole project, taking full responsibility for the works carried out by the above mentioned subcontractors.
2.2 Any dispute between the Company and the Client shall be settled amicably, and, if applicable, the Company reserves the right to be represented by a third party.
3. SUPPORT PROVIDED BY THE CLIENT
3.1 The access to site premises will be arranged by the client and will be his responsibility to provide clear access to all the areas requested to be surveyed. Any blocked, locked or restricted areas at the time of survey will not be surveyed. Any site revisits will be subject to a new quote.
3.2 Any delays in providing access to the project premises at the survey date agreed with the client, will be subject to additional cost, if the site survey could not be performed at the agreed date.
3.3 In case during processing the Company finds that some details/areas cannot be shown due to missing data and/or information caused by restricted access and/or hard to reach places. The Company will provide drawing plans with mentions such as: “Limited Access”, “No Access”, “Assumed Layout”, “No Data”, “Insufficient Data” etc. In these instances the Company will not be liable for the missing details in the drawing plans.
4. DELIVERY TERMS AND CONDITIONS
4.1 The site survey will be commenced the agreed date once the deposit has been paid and the access to the site premises has been granted by the client.
4.2 The Company undertakes to release the completed project at the agreed deadline mentioned in the Contract provided that you as the Client comply with any reasonable demands of the Company to allow the project to be completed by the agreed deadline.
4.3 In accordance with clause 6.4 below, to prove the completion of the Project, at the Client’s request, the Company can issue a .PDF file, whilst the release of the CAD format (e.g. dxf; .dwg; etc.) will only take place after the Final Payment has been registered in the Company’s bank account.
4.4 If for any reasons after the completion of the Project the Client does not send the Final Payment, the Company will seek to resolve this amicably in a first instance and if this will not be possible the Company reserves the right to seek legal help. Where any amount remains outstanding to the Company by the Client under these terms and conditions, the Company reserves the right to charge interest to the Client in accordance with the terms of the Late Payment of Commercial Debts (Interest) Act 1998.
4.5 If for any reasons the Company cannot release the completed project on the agreed deadline (including an event or act of Force Majeure) the Company will notify the Client in writing, or by email, with an alternative future date when the Project will be released to the Client, if the payment has been made.
4.6 Where the Company will delay releasing the completed project to the Client for more than 30 days after the agreed deadline, the Company will return to the Client the Deposit and any other payments made without further liability provided that the delay is not caused by the Client.
4.7 Where the Company will delay releasing the completed project to the Client for less than 30 days after the initial agreed deadline, the Company will not be expected to return the Deposit or other payments to the Client.
4.8 Any alteration of the Project Specification Form, after the start of the Project processing, which will produce any change in the expected project deliverables, will lead to the Project Cost being re-calculated, cost that cannot be smaller than the Deposit already paid.
4.9 The Company will not release the completed project to a third party, other than the Client that has accepted the Contract and has made the payments to the Company in accordance with these terms and conditions.
4.10 If the Company commits a material breach of the terms, the Client will have the right to cancel the Contract by notifying the Company, in writing or by email, specifying the terms that have been breached. Where a minor breach of these conditions is caused by the Company, the Company will first have the opportunity to make right that minor breach.
4.11 Should the Client wish to cancel the Contract, after the start of the processing, the Deposit will not be returned. As such, The Client has the right to request all data processed already after the Company will re-calculate the cost of the processing carried out until the date the Contract was cancelled.
4.11.a) Should the Client wish to cancel the Contract, prior to the site survey date agreed, the Company must be notified with three days prior to the survey date, after that period the Client will be charged according to one working day.
4.12 The Company will not be liable for the failure of delivering the Project in the event that the processing or the survey is delayed by preventing circumstances outside the control of the Company, i.e. by an act of Force Majeure. In this event the Company will notify the Client in writing or by email, the Company will re-calculate the Project Cost up to that specific date (the date the data processing stopped) and will deliver the completed set of data to the Client, after payment has been taken and will consider the Contract terminated.
4.13 Once completed, the Project will be delivered to the Client in electronic format (.dwg; .dxf) by email.
5. LEVEL OF DETAILS AND PROJECT SPECIFICATIONS
5.1 The project level of details, characteristics and requirements are set and negotiated by the Company with the Client in the Project Specification Form. The Company will process all projects with a maximum deviation of +/- 30mm from the Point Cloud support and it will be for the Client to make sure that the details, characteristics and requirements under the Project Specification Form are correct.
5.2 In the eventuality that deviations above 30mm are noticed, the Company commits itself to rectify these errors if a written request has been made by the Client within 60 days from the project release date, after this period any requests will be quoted and charged accordingly.
5.3 If the Client identifies that the Project released has not fulfilled the requirements in the Project Specification Form, the Client can request a free of charge project review. The Company will add any missing details and will re-submit the Project to the Client. The Client cannot request a reduction of the Project Cost or a reimbursement of any amount of money.
5.3.a) The request of a project review has to be made in writing or by email with acknowledgment of receipt, clearly specifying the missing details according to the Project Specification From.
5.3.b) Any such request will be made within 60 days after the Project release. After the initial 60 days any project review will be charged accordingly.
6. PAYMENT METHODS.
6.1 The Quote is calculated free by the Company.
6.2 The Company will accept only BACS payments.
6.3 If the Client agrees with the Quote the Company must be notified in writing within 14 days. After the end of the 14 days period the Project Cost will be re-calculated and a new Quote will be issued
6.4 The Client agrees that in entering these terms and conditions the following payment terms are applicable:
6.4.a) Once a quote is accepted by the Client, the Deposit will be due and payable to the Company. The relevant deposit invoice and the contract form will be sent by the Company at this time;
6.4.b) Once the Project is completed by the Company, a PDF format file (to prove completion of the Project) will be sent to the Client. At the same time the Final Payment will be invoiced by the Company to the Client.
6.4c) Upon the Company receiving the Final Payment from the Client, the Client will be provided a full CAD file detailing the completed Project.
6.5 In the event of a bankruptcy or any Receiving Order, either for the Client or the Company, the Project processing will stop, the Contract will be terminated and the Client will be notified in writing or by email, about the Project Cost until the event occurred.
7. PRIVACY TERMS
7.1 The Company reserves the right to use the Client’s project as a case study to promote the Company’s products and services, any personal identification data, project address, name and location will be removed from the project.
7.2 Any personal identification data provided by the Client to the Company are kept solely for communication purposes, to deliver the Project to the Client, for archiving and internally for organizing the planned works agreed with the Client.
7.3 The Company does not store bank data.
7.4 The Company does not supply the Client’s information to third parties and is taking data protection measures to ensure that the Client’s data remains secure whilst in the control of the Company. The Company will only share the Client’s data upon a request by court order, government body or alike.
7.5 Any intellectual property or copyright obtained in the drawing plans will remain the property of the Company, but the Company will allow the Client the irrevocable right to use the drawing plans after the Final Payment has been made for their own benefit. In the event that the contract is terminated between the Company and the Client, any drawings or intellectual property arising from the contract will be returned to the Company by the Client.
7.6 To prove that the Project is completed, the Company can supply the Project in .PDF format. The Client does not have the right to delete details that identify the Company as the owner of the copyright.
8. DISCLAIMER
8.1 The Company shall not be liable for the services or any subsequent works performed by the Client or a third party regarding the property represented in the Project, based on the drawing plans made by the Company.
8.2 The Company will not be responsible for insuring the investments, developments and improvements made by the Client or a third party regarding the property represented in the Project.
8.3 The Company will not be responsible for any inaccuracy of the drawing CAD plans or any other problem resulting from their use by the Client or by a third party.
8.4 The Company has in place the relevant professional indemnity insurance policy in the event of a dispute arising in connection with these terms and conditions.
9. TERMS AND CONDITIONS ACCEPTANCE
By agreeing to work with the Company in regards to our services implies accepting all the terms and conditions in this document and the Contract.
10. Under the GDPR law, the clients (individuals) have the right to:
the right to be informed – the client has the right to know how his personal data is being used.
the right of access – the client has the right to know what information is held about him and how is processed. The client will have access to all information being held about him and is entitled to know how the information is processed.
the right of rectification – the client is entitled to have personal contact details rectified in case these are inaccurate or incomplete.
the right to be forgotten – the client has the right to request the deletion of the personal contact details.
the right to restrict processing – the client has the right to limit the processing of his personal data.
the right to data portability– the client has the right to request, retain and reuse his personal contact details for his own purpose.
the right to deny usage – in certain cases, the client is entitled to deny use of his personal contact details.
the right of automated decision making and profiling – the client has the right to request manual processing where decisions are taken after using their data.
For any request regarding GPDR data, the individuals can contact MBS-Expert Ltd at the email address [email protected]
