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BACKGROUND:

These Terms and Conditions, along with any accompanying documents related to the use of this website, www.drawingblock.co.uk ("Our Site"), outline the terms governing your use of the website. Please read these Terms and Conditions carefully and ensure that you understand them. Your agreement to comply with and be bound by these Terms and Conditions is deemed to occur upon your first use of Our Site. By accessing this Website and/or placing an order directly, you are acknowledging the terms and conditions and agree to be bound by them. The act of using this website implies your acceptance of these terms, irrespective of whether or not you decide to place an order with us. If you do not agree to these terms, refrain from using this website.

 

  The term “Drawing Block” or ‘us’ or ‘we’ or ‘DB’ refers to the owner of the website – Drawing Block Limited – whose registered address is 15 Sandileigh Avenue, Hale. WA15 8AR. Our company registration number is Registered in England and Wales 14989999. The term ‘You’, ‘Your’, ‘Yours’ refers to a user, client or a viewer/visitor of our website. The term ‘We’, ‘Us’ ‘Our’ refers to Drawing Block Limited.

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1.    Introduction This constitutes a legal agreement between Drawing Block Limited and yourself ('You' or 'Your'). These business terms and conditions are applicable to all commissions executed by Drawing Block Limited, unless expressly agreed otherwise in written form. By placing an order through email or telephone, you expressly consent to adhere to these Terms and Conditions. Drawing Block's acceptance of all orders and commission requests, along with any supplementary services, is contingent upon Drawing Block's confirmation of Your order, governed by these Terms and Conditions. Drawing Block retains the right to modify this agreement periodically, and updated versions will be communicated to you through posting on the website or via email. It is advisable to periodically check this website for the most current terms and conditions, as they are binding to you.
1.1         Drawing Block is not obligated to proceed with any work if its representatives perceive a situation as potentially unsafe, exposing them to risk. DB retains the authority to request additional verifications or information from the purchaser before confirming an order or delivering services.
1.2    Accepting and agreeing to the terms and conditions of Drawing Block Limited does not impose an obligation to place a specific quantity of orders. In the event that the client opts to end a business relationship with Drawing Block Limited, no cancellation fees will apply; however, the client remains responsible for any completed work and outstanding invoices.

2.    Quotations and Job Specifications
2.1    An indicative quotation can be downloaded from the Drawing Block Website. It will only become valid however when it is assigned a job number and confirmed in writing via email from Drawing Block. Until this point it is indicative only. 
2.2    Written quotations are valid for 30 days and will be supplied for all work on receipt of a clear and accurately written job specification from the Client.

3.    Placing orders
3.1    All orders can be placed by telephone or email, but are considered as booked only upon the client receiving the confirmation email, not via the phone or through a verbal agreement.
3.2    To complete a booking, we need a full address of the property including postcode, unit size, number of storeys, access details, site contact, access codes, correct client and invoicing details and current details floorplans ( where available).Failure to provide this information could lead to rejection of a booking.
3.3    It is Drawing Blocks aim but not our guarantee that, wherever possible, all orders placed via e-mail or over the telephone (and confirmed in writing by email) received by us before 4 pm will be quoted will be confirmed in the next two working days, subject to required information being available. 
3.4    Orders are processed on a "first-come, first-served" basis. While Drawing Block Limited can communicate slot availability to the client over the phone, it is unable to reserve any slots without an official booking from the client.
3.5    It is the Client’s responsibility to send Drawing Block Limited clear instructions. If any revisits shall occur because of incomplete, inaccurate instruction this will be at the Client’s expenses. 
3.6    Clients who have utilized our services within the past three months will be charged £20 for the retrieval of historical floor plans, surveys, or footage from our archive (if not hosted on the portal). Non-Active Clients who no longer use our services. £50 for the retrieval of historic Floor Plans, surveys or footage from our archive.

4.    Pricing & Fees
4.1    All prices quoted are exclusive of VAT and are subject to change at any time. 
4.2    Price agreements are non-contractual and are subject to change.
4.3    A booking fee of £50 is included in all bookings, to secure the time slot for Client.
4.4    Cancellation with less than 3 hours notice will incur a fee of 50% of the total jobs cost.
4.5    Invoices for all recurring clients will be issued on the 10th working day of each month, and payment is expected within the agreed-upon terms outlined in the agreement. Failure to make payment within this timeframe grants Drawing Block the right to apply interest in accordance with the Late Payment of Commercial Debts (Interest) Act 1998. Unless instructed otherwise by you, the invoice will be delivered via email.
4.6    A key collection from a single location and key return to the location within 3-mile radius from the property is included free of charge. Any extra distance above this 3 miles will be charged at a flat rate of £5 + £1.40 per mile.
4.7    All 360 Virtual Tours or Videos must be hosted by Drawing Block on the website (www.drawingblock.co.uk).  Upon the confirmation of each order, the client is agreeing to a 12 month subscription of hosting  which will be invoiced monthly. Following this 12 month contract, if the client would like to retain a link to the data, a subscription fee will be charged as per the quotation. If you do not understand this element, please contact us directly at info@drawingblock.co.uk. 
PLEASE NOTE, OUR 360° VIRTUAL TOURS ARE NOT SUPPLIED AS A DOWNLOADABLE FILE TYPE. THEY MUST BE HOSTED ON OUR WEBSITE AS THEY ARE AN INTERACTIVE EXPERIENCE
4.9    A project that requires DB to travel more than 5 hours in total from their registered address (to location and return) requires accommodation to be booked prior to the project start date. This will be included as an expense in the final invoice.
 

5.    Cancellation policy
5.1    Cancellation of appointments with less than 3 hours' notice will result in a fee of £50. This fee applies to appointments where Drawing Block is unable to access a property, not due to any fault of theirs, and includes instances where a scheduled appointment with the client is not honoured. Morning appointments with an on-site start time of midday must be cancelled the day before 6pm. This policy also covers cancellations due to adverse weather conditions. No charges will be incurred for cancelling an order that has not been booked as an appointment. Drawing Block will evaluate each cancellation on a case-by-case basis before applying any cancellation charges.
5.2    If Drawing Block Limited experiences a delay preventing the commencement of a job for over 30 minutes, attributable to factors such as restricted access to the property or other uncontrollable circumstances (e.g., ongoing construction work, ongoing cleaning, incorrect property address, etc.), the client will incur the booking fee, and the reservation will be cancelled.

6.    Floor plans
6.1    Our team will employ fair judgment and caution when creating all floor plans. Drawing Block endeavours to provide accurate floor plans; however, the measurements are approximate, and the plans are intended for illustrative purposes only. It is important to consider this aspect while viewing the plans. Despite our efforts to ensure precision, all measurements, placements, fixtures, fittings, and other depicted data should be interpreted as approximations.
6.2    All floor plans are not designed to be precise scale drawings, and the quoted measurements and areas are approximate. Whether or not a suitable disclaimer is present on the drawing, Drawing Block will not assume responsibility for any inaccuracies in measurements, miscalculations, errors, omissions, or unintentional misstatements in a floor plan.
6.3    If measurement accuracy is the primary concern you should consider engaging a suitable RICS qualified Surveyor, although Drawing Block will always endeavour to measure with all possible accuracy.
6.4    It is the Client’s responsibility to ensure that the supplied plan correctly represents the property and the layout and information within the drawing is correct. 
6.5    Drawing Block will make adjustments to floor plans as requested by the client, in accordance with The Consumer Protection from Unfair Trading Regulations 2008 Act (CPRs). However, Drawing Block Limited cannot be held liable for any parts not included in the drawing. While this may not be explicitly mentioned on the floor plan, it is implied by these terms.
6.6    Each floor plan will come with three sets of revisions where the client has the opportunity to both add detail and revise any inaccuracies. Any additional revisions following this will be charged at £50 per revision. 
7.    360 Walkthrough
7.1    Upon accepting the quotation, you are also accepting the notion that you will need to enter into a subscription to host and view the material. 
7.2    For contractual agreements, notice of cancellation by the Client must be received in writing by Drawing Block Limited with a minimum of one months’ notice and the notice is not valid until confirmed in writing by Drawing Block.

8.    Drone Services
8.1    If DB cannot fly due to unexpected changes in weather conditions or mechanical failure, or DB cannot fly due to reasons that only become evident once on-site, DB will make every reasonable attempt to complete any tasks missed due to any of the reasons highlighted in, at the earliest convenient opportunity for both parties.
8.2    Flight permission is generally granted within a day or so, however with Drone photography/video, permission from the Civil Aviation Authority (CAA), local Police, other authorities and relevant landowners, when needed, can take several weeks (CAA may require up to 28 days written notice of intention to fly). This is usually granted but certain height and/or other conditions may be applied). All work is subject to obtaining permitted and legal access from which to safely operate the unmanned Aerial Equipment (Drone).
8.3    We abide by the Consumer Protection from Unfair Trading Regulations 2008 and the Business Protection from Misleading Marketing Regulations 2008. We will not alter our images to deliberately mislead the viewer. We remind users of our images that publishing old images (which were taken much earlier when the views were significantly different), without indicating capture date, could be misleading. Both of these activities may be considered as offences under these Regulations.
8.4    Limitation of Liability, weather, Force Majeure, Act of God and Other constraints
8.4.1    Successful outdoor location photography relies heavily on favourable weather conditions. Typically, the decision to shoot on a specific day is postponed until the last feasible moment to increase the likelihood of optimal weather. If the actual weather deviates from the forecast or if there are unforeseeable reasons preventing the completion of the assignment, such as a need for postponement, the client has two options. There will be no additional charge for a return visit to finish the work, or the client can request a full refund of payments made to DB for the cancelled time. It's important to note that no refund will be provided for any preparatory work that has already been completed and is chargeable.
8.4.2    The Aerial Equipment (Drone) is equipped with built-in self-stabilization features, functioning as a flying platform susceptible to wind-induced movements. When held against the wind, the drone may tilt, affecting image quality, stability, and the picture's angle. We strive to capture the highest quality pictures given the prevailing conditions, and certain adjustments, like skewing to square up the image, can be applied during post-processing. Nevertheless, it's important to note that the resulting images and videos are not guaranteed to be consistently stable or meet broadcast standards
8.4.3    In the event that the work cannot be finished due to reasons not previously outlined in the job specification and attributable to the Client (e.g., but not limited to, insufficient access or unexpected site activity), the Client may incur charges to cover associated costs and time.
8.4.4    Drawing Block Limited will always endeavour to complete its assignments by proposed completion dates. However, due to weather and other operational constraints, DB cannot guarantee completion on or by any specific date. It, therefore, cannot be held responsible for any missed publishing or other deadlines or any consequential costs involving the timing of the commission.
8.4.5    The fulfilment of work may be altered or cancelled due to factors beyond our control. Some requested shots specified in the job description, which involve specific locations, directions, and heights, may not be feasible on the scheduled day for various operational reasons. In such instances, the best available alternative shot(s) will be provided, and these will be considered sufficient to meet the terms of the contract.
8.4.6    Battery limitations mean that each flight will vary due to the drone capabilities for various tasks. DB will be equipped for multiple batteries for extended flying time as outlined in the job specification.
8.4.7    The quality of photographs captured after sunset, where a relatively still camera is necessary for optimal results (e.g., in terms of exposure and sharpness), cannot be assured and is typically not attempted. Additionally, images taken facing the sun are likely to experience some level of lens flare and other adverse effects.
8.5    You shall indemnify Us against any liability whatsoever (including any liability based on the negligence of You) which it may incur resulting from any claim made against You by any third party.
8.6    Drawing Block does not accept liability for errors resulting from incomplete or inaccurate instructions from the Client’s job specification, nor for delays or restrictions caused by Third Parties.
8.7    Drawing Block are not certified to provide professional advice on any asset of any kind. Any observations that are highlighted or generated in reports from inspection and survey services, are only observations and should not be taken as professional advice. These observations hold no credibility without the support from outside sources. Data that is collected may be shared with professionals from relevant industries at an additional fee on request, or the Client is free to share data with 3rd parties.

9.    Your Obligations
9.1    You (the client) will be liable for £50 cancellation fee if Drawing Block Limited is unable to gain access to the premises for an agreed appointment (Please refer to our cancellation terms in item 4).
9.2    It is the responsibility of the client to ensure that the premises intended for a 360 tour  or floor plan drawing are adequately presented. Drawing Block Limited retains the right to refrain from attending a property deemed unsuitable due to its condition, either in terms of repair or cleanliness.
9.3    You are responsible for ensuring that the presentation and distribution of virtual tours and floor plans through various means, such as the internet, post, hand delivery, fax, or email, adhere to all applicable laws, including, but not limited to, The Consumer Protection from Unfair Trading Regulations 2008 Act (CPRs). You affirm that you have the authority to commission the creation of virtual tours, and floor plans for the specified premises, including granting Drawing Block Limited 360 Scanner/floor planner access to the premises.

10.    Copyrights & Intellectual Property
10.1    Drawing Block Limited shall possess exclusive ownership of all copyright and other intellectual property rights associated with the visual content and resources created by DB, including all materials found on this website. All images provided by Drawing Block Limited are governed by the copyright Designs and Patents Act 1988 and continue to be the exclusive property of Drawing Block Limited at all times. No images may be downloaded or utilised for any purpose without explicit permission from Drawing Block Limited.

11.    Limitations as to Use
11.1    Digital resources produced for You by Drawing Block Limited are available for use in Your company and any company associated with the upkeep of your building. Drawing Block Limited reserves the right to apply a supplementary processing charge where the information is shared to a wider audience without the express permission of Drawing Block.

12.    Service Access
12.1    Although we aim to maintain the availability of this website 24 hours a day, we shall not be held liable if, for any reason, the website becomes inaccessible at any time or for any duration. Temporary suspension of access to this website, without prior notice, may occur in the event of system failure, maintenance, repair, or circumstances beyond our control.

13.    Viruses, Malware and Security
13.1    We employ reasonable skill, expertise and care to guarantee the security and absence of viruses and other malware on Our Site.
13.2    It is your responsibility to safeguard your hardware, software, data, and other materials from internet security risks such as viruses and malware.
13.3    Deliberate introduction of viruses, malware, or any other harmful material, whether directed to or transmitted via Our Site, is strictly prohibited.
13.4    Unauthorized attempts to access any section of Our Site, the server housing Our Site, or any other server, computer, or database linked to Our Site are strictly prohibited
13.5    Engaging in a denial of service attack, distributed denial of service attack, or any other form of attack against Our Site is strictly prohibited.
13.6    Violating the terms outlined in sub-Clauses 13.3 to 13.5 may constitute a criminal offense under the Computer Misuse Act 1990. Any such breaches will be reported to the appropriate law enforcement authorities, and we will fully cooperate by disclosing your identity to them. In the event of such a breach, your right to use Our Site will be immediately terminated.

14 .   Website
14.1    The content on Our Site is not intended to serve as advice upon which you should rely. It is provided solely for general informational purposes.
14.2    To the extent permitted by law, we do not assert any representation, warranty, or guarantee regarding whether Our Site will meet your requirements, avoid infringing on third-party rights, be compatible with all software and hardware, or maintain security.
14.3    We exert reasonable efforts to ensure that the content on Our Site is comprehensive, accurate, and current. However, we do not provide any express or implied representations, warranties, or guarantees regarding the completeness, accuracy, or currency of the content
14.4    Drawing Block Limited DISCLAIMER: “Drawing Block Limited give notice that”:
14.4.1    All statements in our particulars are made without responsibility on the part of Drawing Block Limited
14.4.2    Any information provided in our particulars should not be considered as a representation, or warranty regarding any property.
14.4.3    Any areas, measurements or distances quoted are approximate and should not be used to scale from
14.4.4    Drawing Block Limited does not account for wall thickness in floor plan drawings. Consequently, gross internal areas quoted may exhibit variations due to this consideration. Drawing Block Limited assumes no liability for disparities in calculations on floor plans. Therefore, it is recommended that all parties refrain from determining property values or leasehold apportionments based on supplied floor plans. Door widths are also not specifically measured.
14.4.5    Floor plans supplied by Drawing Block Limited are for illustration purposes only and not drawn to scale. They are for illustrative purposes only.
14.4.6    Drawing Block Limited will exclude all stand-alone Out Buildings (Sheds, Stores and Garages) from any drawing.
14.4.7    Drawing Block Limited use standard symbols for all internal features such as kitchens, baths and sinks and these are for illustrative purposes only and do not indicate the actual size, location or style of fitting. 

15.    Acceptable Usage Policy
15.1    You may only use Our Site in a manner that is lawful. Specifically:
15.1.1    you must ensure that you comply fully with any and all local, national or international laws and/or regulations;
15.1.2    you must not use Our Site in any way, or for any purpose, that is unlawful or fraudulent;
15.1.3    you must not use Our Site 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 data of any kind; and
15.1.4    you must not use Our Site in any way, or for any purpose, that is intended to harm any person or persons in any way.
15.2    We reserve the right to suspend or terminate your access to Our Site 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:
15.2.1    suspend, whether temporarily or permanently, your right to access Our Site;
15.2.2    issue you with a written warning;
15.2.3    take legal proceedings against you for reimbursement of any and all relevant costs on an indemnity basis resulting from your breach;
15.2.4    take further legal action against you as appropriate;
15.2.5    disclose such information to law enforcement authorities as required or as We deem reasonably necessary; and/or
15.2.6    any other actions which We deem reasonably appropriate (and lawful).
15.2.7    We hereby exclude any and all liability arising out of any actions (including, but not limited to those set out above) that We may take in response to breaches of these Terms and Conditions.

16.    Privacy and Cookies
16.1    Use of Our Site is also governed by Privacy & Cookie Policy, available from  Privacy Policy. These policies are incorporated into these Terms and Conditions by this reference.

17.    Contacting Us
17.1    To contact Us, please email Us at info@drawingblock.co.uk or using any of the methods.

18.    Communications from Us
18.1    If we possess your contact information, we may occasionally send you crucial notifications via email. These notices may pertain to various subjects, including, but not limited to, service modifications and alterations to these Terms and Conditions.
18.2    For questions or complaints about communications from Us (including, but not limited to marketing emails), please contact Us at info@drawingblock.co.uk.

19.    Data Protection
19.1    All personal information that We may use will be collected, processed, and held in accordance with the provisions of EU Regulation 2016/679 General Data Protection Regulation (“GDPR”) and your rights under the GDPR.
19.2    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.
 

20.    Law and Jurisdiction
20.1    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 & Wales.
20.2    If you are a consumer, you will benefit from any mandatory provisions of the law in your country of residence. Nothing in Sub-Clause 19.1 above takes away or reduces your rights as a consumer to rely on those provisions.
20.3    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.
20.4    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 & Walretrieval

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