Contact us for information and a quote

Use this form to contact us about any queries, additional information about our services, or to receive a quote. We are ready to tailor our service for you, and provide for your specific requirements.

Our contact details

71-75, Shelton Street, London, WC2H 9JQ

   data@placesurveys.com

   020 8720 6654

Terms and Conditions for the Supply Of Services by Place Surveys Ltd

1. Basis of contract

a. An order in the form of a written instruction to proceed constitutes an offer by you to purchase the Services in accordance with these Terms.

b. The Order shall only be deemed to be accepted when we issue a written acceptance of the Order at which point and on which date the Contract shall come into existence 

c. These Terms apply to the Contract to the exclusion of any other terms that You seek to impose or incorporate, or which are implied by trade, custom, practice or course of dealing.

d. The Quotation shall not constitute an offer, and is only valid for a period of 30 days from its date of issue after which it is deemed withdrawn unless agreed otherwise by Us in writing.

2. Supply of Services

a. We shall supply the Services to You in accordance with the description and any additional terms set out in the Quotation and any terms in the Quotation shall form part of these Terms.

b. We shall use reasonable endeavours to meet any performance dates specified in the Quotation, but any such dates shall be estimates only and time shall not be of the essence for performance of the Services.

c. We reserve the right to amend the scope of the Services if necessary to comply with any applicable law or regulatory requirement, or if the amendment will not materially affect the nature or quality of the Services, and We shall notify You of any such amendment.

d. The Quotation shall not constitute an offer, and is only valid for a period of 30 days from its date of issue after which it is deemed withdrawn unless agreed otherwise by Us in writing.

e. We reserve the right to use subcontractors. Any sub contract shall remain the sole duty of Place Surveys Ltd.

3. Your obligations

You shall:

a. ensure that the description of the Services in the Quotation are complete and accurate as at the date of the Contract;

b. promptly co-operate with Us in all matters relating to the Services;

c. promptly provide Us with such information and materials as We may reasonably require in order to supply the Services, and ensure that such information is complete and accurate and any materials are sufficient in all material respects; and

d. comply with any additional obligations as set out in the Quotation.

e. If Our performance of any of Our obligations under the Contract is prevented or delayed by any act or omission by You or failure by You to perform any relevant obligation (Customer Default):

f. without limiting or affecting any other right or remedy available to Us, We shall have the right to suspend performance of the Services until You remedy the Customer Default, and to rely on the Customer Default to relieve Us from the performance of any of Our obligations in each case to the extent the Customer Default prevents or delays Our performance of any of Our obligations under the Contract;

g. We shall not be liable for any costs, expenses or losses sustained or incurred by You arising directly or indirectly from Our failure or delay to perform any of Our obligations as set out in this clause and

h. You shall reimburse Us, on written demand, for any costs, expenses or losses sustained or incurred by Us arising directly or indirectly from the Customer Default.

4. Charges, payment and cancellation

a. We shall invoice You for the Charges in the manner set out in the Quotation.

Unless otherwise stated in the Quotation, You shall pay each invoice submitted by Us:

b. within 10 days of the date of the invoice; and

c. in full and in cleared funds to a bank account nominated in writing by Us, and time for payment shall be of the essence of the Contract.

d. All amounts payable by You under the Contract are exclusive of amounts in respect of value added tax chargeable from time to time (VAT). Where any taxable supply for VAT purposes is made under the Contract by Us to You, You shall, on receipt of a valid VAT invoice from Us, pay to Us such additional amounts in respect of VAT as are chargeable on the supply of the Services at the same time as payment is due for the supply of the Services.

e. If You fail to make a payment due to Us under the Contract by the due date then You shall pay interest on the overdue sum at the rate of 8% above the Bank of England base rate.

f. All amounts due under the Contract shall be paid in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law).

g. If You need to cancel the Contract before We have commenced work as part of the Services then You must notify Us of this in writing.

h. If You provide Us with notice under clause 4.g then You are still liable to pay Us the Charges in full unless We otherwise agree this with You but in any event the minimum that We shall always charge You in such circumstances shall be the full costs and expenses of any and all preparatory work.

i. All data remains the property of us, copyrighted by us and may not be used without our consent until full payment has been received.

5. Change control

a. Either party may propose changes to the scope or execution of the Services, but no proposed changes shall come into effect until a relevant Change Order has been agreed by both parties. A Change Order shall be a document setting out the proposed changes and the effect those changes will have on:

the Services;

the Charges;

the timetable for the Services; and

any terms of this agreement.

b. If You wish to make a change to the Services:

You shall notify Us, providing as much detail as is reasonably necessary to enable Us to prepare the draft Change Order; and

We shall, within 10 Business Days of receiving Your request provide a draft Change Order to You.

If We wish to make a change to the Services, We shall provide a draft Change Order to You.

If We submit a draft Change Order in order to comply with any applicable safety or regulatory requirements and such changes do not affect the nature, scope of, or charges for the Services, You shall not unreasonably withhold or delay consent to it.

c. If the parties:

agree to a Change Order, they shall sign it and that Change Order shall amend this agreement; or

are unable to agree a Change Order then the change shall not be effective.

6. Intellectual property rights

a. All Intellectual Property Rights in or arising out of or in connection with the Services (other than Intellectual Property Rights in any materials provided by You) shall be owned by Us unless We otherwise agree this with You and this is set out in the Quotation.

b. You grant to Us a fully paid-up, non-exclusive, royalty-free, non-transferable licence to copy and modify any materials provided by You to Us for the term of the Contract for the purpose of providing the Services to You.

7. Data protection

a. Both parties will comply with all applicable requirements of the Data Protection Legislation. This clause is in addition to, and does not relieve, remove or replace, a party’s obligations or rights under the Data Protection Legislation. In this clause, Applicable Laws means (for so long as and to the extent that they apply to the Supplier) the law of the European Union, the law of any member state of the European Union and/or Domestic UK Law; and Domestic UK Law means the Data Protection Legislation from time to time in force in the UK and any other law that applies in the UK.

b. The parties acknowledge that for the purposes of the Data Protection Legislation, We are the controller and the processor unless otherwise stated.

c. Without prejudice to the generality of clause 7.b, We shall, in relation to any personal data processed in connection with the performance by Us of Our obligations under the Contract:

process that personal data only as required by Applicable Laws;

ensure that We have in place appropriate technical and organisational measures to protect against unauthorised or unlawful processing of personal data and against accidental loss or destruction of, or damage to, personal data, appropriate to the harm that might result from the unauthorised or unlawful processing or accidental loss, destruction or damage and the nature of the data to be protected, having regard to the state of technological development and the cost of implementing any measures (those measures may include, where appropriate, pseudonymising and encrypting personal data, ensuring confidentiality, integrity, availability and resilience of its systems and services, ensuring that availability of and access to personal data can be restored in a timely manner after an incident, and regularly assessing and evaluating the effectiveness of the technical and organisational measures adopted by it);

ensure that all personnel who have access to and/or process personal data are obliged to keep the personal data confidential; and

have a discretion to transfer any personal data outside of the European Economic Area provided that the following conditions are fulfilled:

We have provided appropriate safeguards in relation to the transfer;

the data subject has enforceable rights and effective legal remedies; and

We have complied with Our obligations under the Data Protection Legislation by providing an adequate level of protection to any personal data that is transferred,

notify You without undue delay on becoming aware of a personal data breach; and

delete personal data and copies of it within a period of 3 months from the end of the Contract unless required by Applicable Law to store the personal data for a longer period.

d. You consent to Us appointing any third-party Sub-Contractor as a third-party processor of personal data under the Contract. We confirm that We have entered or (as the case may be) will enter with the third-party processor into a written agreement to reflect and will continue to reflect the requirements of the Data Protection Legislation. As between You and Us, We shall remain fully liable for all acts or omissions of any third party processor appointed by it pursuant to this clause.

8. Termination

a. Without affecting any other right or remedy available to it, either party may terminate the Contract with immediate effect by giving written notice to the other party if:

b. the other party commits a material breach of any term of the Contract and (if such a breach is remediable) fails to remedy that breach within 7 days of that party being notified in writing to do so;

c. the other party takes any step or action in connection with its entering administration, provisional liquidation or any composition or arrangement with its creditors (other than in relation to a solvent restructuring), being wound up (whether voluntarily or by order of the court, unless for the purpose of a solvent restructuring), having a receiver appointed to any of its assets or ceasing to carry on business;

d. the other party suspends, or threatens to suspend, or ceases or threatens to cease to carry on all or a substantial part of its business; or

e. the other party’s financial position deteriorates to such an extent that in the terminating party’s opinion the other party’s capability to adequately fulfil its obligations under the Contract has been placed in jeopardy.

f. Without affecting any other right or remedy available to Us, We may terminate the Contract with immediate effect by giving written notice to You if:

You fail to pay any amount due under the Contract on the due date for payment; or

You have a change of Control.

g. Without affecting any other right or remedy available to Us, We may suspend the supply of the Services under the Contract if You fail to pay any amount due under the Contract on the due date for payment, for this or any other work being undertaken for You.

9. Consequences of termination

a. On termination of the Contract You shall immediately pay to Us all of Our outstanding unpaid invoices and, in respect of Services supplied but for which no invoice has been submitted, We shall submit an invoice, which shall be payable by you immediately on receipt.

b. Termination or expiry of the Contract shall not affect any rights, remedies, obligations or liabilities of the parties that have accrued up to the date of termination or expiry, including the right to claim damages in respect of any breach of the Contract which existed at or before the date of termination or expiry.

c. Any provision of the Contract that expressly or by implication is intended to come into or continue in force on or after termination or expiry of the Contract shall remain in full force and effect.

10. General

a. Force majeure. Neither party shall be in breach of any of its obligations under the Contract if delay or failure results from events, circumstances or causes beyond its reasonable control. 

b. The Contract constitutes the entire agreement between the parties and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between them, whether written or oral, relating to its subject matter.

c. Each party acknowledges that in entering into the Contract it does not rely on, and shall have no remedies in respect of any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in the Contract. Each party agrees that it shall have no claim for innocent or negligent misrepresentation based on any statement in the Contract.

d. Variation. Except as set out in these Terms, no variation of the Contract shall be effective unless it is in writing 

e. Waiver. A waiver of any right or remedy under the Contract or by law is only effective if given in writing and shall not be deemed a waiver of any subsequent right or remedy. A failure or delay by a party to exercise any right or remedy provided under the Contract or by law shall not constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict any further exercise of that or any other right or remedy. No single or partial exercise of any right or remedy provided under the Contract or by law shall prevent or restrict the further exercise of that or any other right or remedy.

f. Severance. If any provision or part-provision of the Contract is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this clause shall not affect the validity and enforceability of the rest of the Contract.

Third party rights.

Unless it expressly states otherwise, the Contract does not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of the Contract.

The rights of the parties to rescind or vary the Contract are not subject to the consent of any other person.

Governing law. The Contract, and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation shall be governed by, and construed in accordance with the law of England and Wales.

Jurisdiction. Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with the Contract or its subject matter or formation.

Interpretation

The following rules of interpretation apply in these Terms.

Interpretation:

A reference to a statute or statutory provision is a reference to it as it applies at the date of the Contract. A reference to a statute or statutory provision includes all subordinate legislation made under that statute or statutory provision.

Any words following the terms including, include, in particular, for example or any similar expression, shall be construed as illustrative and shall not limit the sense of the words, description, definition, phrase or term preceding those terms.

A reference to writing or written includes fax and email.