Property Photography and other services falling under the service “Photography” terms:

1. Bookings

All bookings made over the phone, by e-mail or online need to be paid upfront before the photographer/s gets to the property unless you are one of our corporate clients with alternative arrangements that have been agreed before the commencement of any agreements. Any additional work requested on the day of the booking will be invoiced separately.

2. Cancellations

London58 operate on a 24 hour cancellation policy, refunds will not be issued on cancellations if 24 hours’ notice has not been given. If a photographer visits a property that is not ready for photos for whatever reason the full price will still be charged and if payments have been made upfront refunds will not be issued. It is the clients responsibility to book photography when the property is photo ready.

3. Late payment fees

When invoices are raised and they are not paid at the time stipulated on the invoice, you will incur a late payment fee of 8% per annum, pro rata for the period the outstanding balance remains unpaid.

4. Turnaround time

London58 operate on a 24 hour turnaround time from the time the photographer finishes visit of the property. If the 24 hour timeframe is not me due to circumstances out of our control the fee will not be refundable.

5. Hosting

When London58 is engaged to build a website it is made with the assumption that London58 will buy the domain name/s unless the client specifies it otherwise before the Engagement Letter is signed.

Hosting is offered with all quotes free of charge for the first year through London58, if this is not applicable to the client it needs to be stipulated before the Engagement Letter is signed as it is a item that needs to be mentioned in the Engagement Letter.

London58 cannot be held responsible for any website hosting downtime. We will do our utmost to get the site/s live again.

6. Property Descriptions

The brief descriptions London58 provide are to a certain formula which will allow you to send properties live faster. One change of amendments can be requested within the price agreed and or paid. If you wish for longer or more detailed descriptions this needs to be arranged and paid for before any booking commences. You are ultimately responsible for what you put live online. London58 can’t be held responsible for errors or incorrect information if you put the description live.

GENERAL TERMS AND CONDITIONS

1. Acceptance and Proposal Sing-Off

Your use of this website or of any of our content, indicates your acknowledgment and agreement to these Terms of Use, our Privacy Policy and other notices on this website. If you do not agree to be bound by and comply with all of the foregoing, you may not access or use our services, or website.

2. Project Framework

When you engage London58 Ltd to carry out work a comprehensive framework set out in an Letter of Engagement which encapsulates all the work that will be completed along with the various methods employed will be issued. Work on the project will commence once both parties have agreed the contents of this letter by signing and dating reciprocal copies.

3. Draft/s

     3.1

When you engage London58 Ltd to carry out work a comprehensive framework set out in an Letter of Engagement which encapsulates all the work that will be completed along with the various methods employed will be issued. Work on the project will commence once both parties have agreed the contents of this letter by signing and dating reciprocal copies.

     3.2

The first draft is a comprehensive piece of work which is my interpretation of the previous brief, proposal, framework and any corresponding discussions. Due to the creative and strategic nature of the work London58 undertakes assessing this work can often be subjective. London58 can assure you that the work created is what we consider to be the most professional and appropriate for your needs. At this first draft stage there is however plenty of opportunity for you to provide your feedback on all of the work. This feedback period will be outlined in the proposal and you should assign time in your diary to carry this work out. In the event that this feedback is not forthcoming during the time allocated further resources and costs may need to be allocated to the project. On receipt of this feedback we will advise and discuss any comments you might have.

     3.3

In the event that any amends are required this document can be completely re-written if necessary. We will produce a second draft which will take into account all your comments. This second draft is then sent to you for sign-off. On confirmation that this payment has been made the final draft is then produced. In the event that this document is not signed-off and the work completed is not to your absolute satisfaction, and we agree that the work produced is off-brief and clearly outside the proposal and the framework, the project can either be halted at this stage or further resources allocated.

     3.4

In the event that the project is halted by mutual consent copy remains the property of London58. This is entirely without prejudice. No liability or admission of failure or inability to complete the project on my part is implied. You agree to make no use whatsoever of any material London58 have prepared for you.

     3.5

In the event that the project is allocated new resources then this will be agreed and time booked for completion of the project. In the event that the project is cancelled without good reason then the full amount of the project will be payable.

     3.6

The final draft goes through a number of stages that ensures all final comments and amends are taken into account. All of the work will be revised, reviewed, proofread and concluded to a high standard. This document will then be presented. Once payment is received ownership of anything we created is yours with the proviso that London58 can use the material for portfolio purposes. You are however entirely responsible for final proofreading and ensuring what is written is a true and accurate description of your company, services and or products. You are advised to hire professional legal counsel to ensure this is the case. Any errors found post work being signed off will be your liability and responsibility.

4. Contract

     4.1

If you are hiring London58 on behalf of a company, group, business or organisation you hereby agree that you are fully authorised to hire London58.

     4.2

If London58 is hired to work on a project that is for a client of yours, in the event that you are representing an agency, you hereby agree that this contract is established between London58 and your agency. Not between London58 and your client. For any work that London58 undertake London58 do the utmost to create work that is of the highest professional standards.

     4.3

London58 work in an ethical manner and always attempt to provide the best advice for clients. London58 is however not an expert in your business and you agree to take full responsibility for any advice provided and or copywriting produced. It is your legal and professional responsibility to ensure that any copywriting is not misleading regarding your organisations offerings and is in line with your industry’s best practice.

     4.4

You agree by hiring London58 to indemnify London58 against any claim for compensation or damages brought about as a direct result of the work that London58 do for you, your organisation or company, group, business or any organisation or company that you might represent in the form of any agency relationship. Whilst London58 endeavour to ensure that London58 work complies with the law, it is your responsibility to submit all copies for legal advice and review.

     4.5

You also agree to absolve London58 of all responsibility for any loss of income or for any costs or damages suffered by you or by any third party as a result of any delay or reallocation of resource to a new date. Invoices will be sent electronically or by post and are payable within 5 business days on receipt at the corresponding phase of the project. Written confirmation that payment has been made to London58 bank account will be required to commence to the next stage.

     4.6

Should you wish to cancel the project due to a reason outside of London58 control once you have confirmed the proposal, signed the engagement letter and before the start date of the project then a total of 50% of the project value will be due. In the event that the framework has been commenced 80% of the project value will be due and in the event that the first draft has commenced or completed the total value of the project will be due.

     4.7

When you provide London58 with written materials you agree that you are authorized to do so and outline where any materials hold copyright. You agree to indemnify London58 against any legal action that arises either directly or indirectly as a result of this content. London58 endeavour to produce work of the highest standards and will do their utmost to ensure all work that is created is supplied to you free of any spelling or factual errors.

     4.8

You agree that you are fully responsible however for final proofreading and you agree to indemnify London58 against any costs or legal actions that are as a direct or indirect result of any such errors.

5. Website usage Terms and Conditions

You may not copy, reproduce, republish, download, transmit, make available to the public, or otherwise use this site content in any way except for your own personal, non-commercial use. You also agree not to adapt, alter, or create a derivative work from any site content except for your own personal, non- commercial use. Any use of London58 content requires our prior written permission.

6. Limitation of Liability

In no event will London58 be liable for any damages, including without limitation direct or indirect, special, incidental, or consequential damages, losses or expenses arising in connection with their web site or any linked site or use thereof or inability to use by any party, or in connection with any failure of performance, error, omission, interruption, defect, delays in operation or transmission, computer virus or line or system failure, even if London58, or representatives thereof, are advised of the possibility of such damages, losses or expenses.

7. Disclaimers and Limitation of Liability

Under no circumstances will London58 be liable for any of the following losses or damages (whether such losses were foreseen, known or otherwise): (a) loss of data; (b) loss of opportunity; (c) loss of goodwill or injury to reputation; (d) losses suffered by third parties; or (e) any indirect, consequential, special or exemplary damages arising from the use of this site regardless of the form of action.

8. London58 reserves the right to

London58 reserves the right to cancel any project if London58 feel the project is either too large, staff of London58 have been treated poorly or if there is any kind of misconduct within the clients company, business or organisation.

9. Contract Price / Deposit

If so agreed in the engagement letter A non-refundable deposit of 25% to the total value of the project will be required before any work on a project commences. Any Incidental costs/extra charges will be communicated to the client before added to an invoice.

10. Terms of Payment

     10.1

London58 will send out an invoice by post or electronically for every stage at which the proposal or project is.

     10.2

London58 will issue an Invoice to the value of 25% of the overall project fee which will be a non-refundable deposit unless stated otherwise in the Engagement Letter. A further invoice of 50% of the overall project fee will issued half way through the project and a final invoice of 25% of the overall project fee will be issued on the last day of the project.

     10.3

London58 will issue separate invoices during the course of the project if Incidental costs occur.

     10.4

Payment schemes will not be allowed by London58. All invoices are payable within 5 business days of the date of the Invoice. If payments are not made on the due date set out above, interest may be charged at the rate of 10% above Base Rate prevailing at the time.

London58 will not accept Cheque payments from January 2018 unless agreed otherwise with the MD of London58 in writing.

11. Refunds

Refunds or partial refunds are decided by London58 depending on the work done and the time spent on the project. The deposit amount will not be refunded any further payments made might be refunded depending on each individual situation.

12. Title and Risks

Risk passes to the Client immediately upon delivery of the Proposal/Projects. However, the Proposal remains the property of London58 until payment has been made and received in full under the contract agreement.

13. Cancellation

     13.1

If the contract is terminated/cancelled by the client after it has been signed and before work has commenced 50% of the total fee will be payable within 5 business days from the date of the Invoice.

     13.2

If the contract is terminated/cancelled by the client after it has been signed and the framework has been done 80% of the total fee will be payable within 5 business days from the date of the Invoice.

     13.3

If the contract is terminated/cancelled by the client after it has been signed and the work on the project has already started or the project is half way through it’s course then 100% of the fee will be payable within 5 business days from the date of the Invoice.

     13.4

If the five working days’ notice period to terminate any engagement is not given or London58 is not able to get hold of the client a penalty will be incurred for loss of earnings. The penalty will be calculated based on five working days multiplied by London58 standard day rate and will be payable within 5 business days from the date of the Invoice.

14. General

     14.1

If any of these terms are determined to be illegal, invalid or otherwise unenforceable by reason of the laws of any state or country in which these terms are intended to be effective, then to the extent and within the jurisdiction in which that term is illegal, invalid or unenforceable, it shall be severed and deleted from these pages and the remaining terms will survive, remain or force and continue to be binding and enforceable.

     14.2

In the event that some of the Terms and Conditions conflict with some of the terms on the engagement letter then the terms on the engagement letter will override and supersede London58’s general Terms and Conditions unless those terms are not specified in the Engagement Letter. In the event that an Engagement Letter does not cover a certain clause/s the websites general Terms and Conditions will apply.

     14.3

If a client does not sign, date and return the Engagement letter as requested by London58 then London58 will treat payment of invoices issued to the client as confirmation that the client agrees with the terms on the Engagement letter and Terms and Conditions.

15. Other industry professionals

     15.1

London58 have their own industry contacts and if these contacts in Public Relations, Graphic Design or Web design are to be used they need to be used through London58 and London58 will pay these professionals directly.

     15.2

The above mentioned professionals will be responsible for paying their own taxes and insurance. Any clients who are or have used London58 are not permitted to use any of London58 professional contacts for their own tasks without London58 written approval or 6 months after a project and/or proposal has been completed unless stated otherwise by London58.

16. Call-outs to business sites

     16.1

London58 will only offer this free service once to any business within the West London call outs to any other part of London or the UK will be charged based on London58 daily rate if no contract is in place.

     16.2

If a contract is in place and London58 are working on a project with a client the costs of travelling will be treated as part of the project cost, travel time will be included in the project cost unless agreed otherwise in the Engagement Letter. For the avoidance of doubt, travel time for projects are invoiced for based on the hourly rate that is agreed or per mileage rate.

17. Proposals / Marketing Plans

London58 owns the copy right on any graphics, websites, proposals or plans written and reserves the right to publish these case studies on London58 owned domain/s.

18. DATA PROTECTION ACT 1998

To enable London58 to discharge the services agreed with other parties, and for other related purposes including updating and enhancing client records, analysis for management purposes and statutory returns, crime prevention and legal and regulatory compliance, we may obtain, use, process and disclose personal data about you. You have a right of access, under data protection legislation, to the personal data that we hold about you.

19. London58 Privacy Policy

We have an open, honest approach to business, treating all our clients in a respectful and friendly manner. This combined with the results we achieve is the main reason our clients return time and again to use our services. Any details which are provided to us from which we can identify you are held and processed in accordance with our privacy policy.

London58 reserves the right to store the following data;
- Name (personal name and company, business name)
- Contact data (1st and 2nd contact)
- Bank details
- Date of Birth
- Refuse registration/cancel existing registration because of payment delays
- Fraudulent or unauthorised data input (e.g. copyrighted images/ texts, classified documents, etc)
- Fraudulent or unauthorised data deletion of actual facts
- Fraudulent or unauthorised data input or untrue facts.

20. Referral Terms

The 10% referral fee is based on one project and is calculated on the overall value of the deal. Incidental expenses do no form part of the overall value of the deal. The term value is based on the income generated but exclude other expenses. The individual/company you are introducing cannot be an existing client of London58 (we will immediately let you know if they are). The 10% referral fee is paid once the project is concluded and the individual/company have paid the final invoice.

21. Intellectual Property / Copyright / Legal Ownership /

London58 owns the Copyright for all graphic design and website projects, photography, videography, CGI any London58 bought stock images and any other material that has been created by London58 or its service providers. Royalty fees apply if anyone wishes to use any London58 owned material. In order for intellectual property / copyright to be released or granted it has to be requested in writing. Please e-mail hello@london58.com for more information.

In the event that London58 has been instructed to complete a project and that project has been cancelled for any reason, the legal ownership and intellectual property is that of London58 unless specified otherwise in an engagement letter. London58 reserves the right to use any material that has been created for its own marketing efforts unless a client stipulates otherwise in the engagement letter. If a client is found to have copied any part of a project (design, site map for websites, fonts, images, layout etc) at any point the client will be in breach and London58 reserves the right to take legal action.

22. General Promotions

     Photography Promotion

The promotion is to reward current clients as a thank you gesture for referring property photography on to London58 and the second version of this promotion is to entice potential new clients to use London58.

Copyright - All the photos taken by London58 are owned by London58 and photos are sold on a license basis unless stipulated otherwise in an agreement reached between London58 and a client. Photos are not permitted to be sold on by anyone other than London58 unless agreed in advance in writing. Sharing of photos are not permitted.

Geographical coverage - London58 primarily operates within West London and Surrey but the defined postcodes need to be discussed with head office.

Any promotion aimed at new clients is only applicable to new clients who are not already clients of London58. If a trial is offered to a potential new client it will only be applicable once, a potential new clients will not be able to redeem similar promotions in future. To avoid confusion, if company A redeems a trial offering/promotion at the start of the year and the a similar promotion is run later in the year company A will not be seen as a potential new client and will not be able to redeem the offered promotion. This can only be superseded by the London58 Managing Director in writing.

Where three free bookings are promoted the above terms apply but the three bookings span over the course of three months provided the client endeavours to use London58 for future bookings. Over the course of three months London58 needs to be booked in at a minimum of three times per month (which will be invoiced for at the agreed rate with the client) for this offer to be valid.

     The Big Five Promotional Terms:

The Big Five promotion refers to property photography bookings made with London58 where we offer ever fifth booking free of charge. The offer is available to new clients only or by exclusive invitation from London58 to current clients. The offer runs until December 2018. The offer needs to be redeemed within the month of the booking and it is the fifth booking which is free of charge irrespective of what it might be i.e. photos only, floor plan only or a whole set. The cheapest booking is the free booking and the five bookings cant be carried over into a new month, all five bookings need to take place during the same month. Normal cancellation rules apply during this period and the offer cant be redeemed retrospectively by any clients nor can a free booking be changed for cash.

Contact us for enquries

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Floorplan

RICS compliant floorplans to help with marketing your property as well as determining accurate pricing.

£ 70
/excluding VAT
  • Up to 2500 sq ft
  • 0.5p extra per sq ft
  • jpg, gif and vector file

Photos

12 Professional photographs edited to the highest standard, make your property stand out.*

£ 90
/excluding VAT
  • Highest standard of editing
  • High-res for printing
  • Additional photographs available

full package

We will deliver to you the full project (photos & floorplan) which will allow you to get the instruction live before your competitors.

£ 130
/excluding VAT
  • 24 hour turnaround
  • Contact sheet on request
  • Cost-effective

Matterport

Impress your clients with an awe-inspiring virtual walk-through experience.

£ 280
/excluding VAT
  • Up to 2500 sq ft
  • £25 extra per 500 sq ft
  • Market leading technology

To see our full terms and conditions please Click Here and for any questions please direct them to the team hello@london58.com