Effective date: 17th November 2019
Last change date: 16th November 2023
1. This Service
The Made Snappy 360 applications service is provided by Made Snappy Limited to you. Your use of this Service and any additional services introduced by us and contained within constitutes acceptance by you of these Terms & Conditions.
You must be a minimum age of 18 to register on and use the Service. By registering and using the Service you warrant that you are 18 or older and understand your obligations under these Terms & Conditions.
3. Registration and Account Integrity
3.1 As part of the registration process you will need to create an account, including a username & password. It is your responsibility to ensure that the information you provide is accurate, not misleading and relates to you. You cannot create an account or username & password using the names and information of another person or using words that are the trademarks or the property of another party (including ours), or vulgar, obscene or in any other way inappropriate. We reserve the right with or without notice to suspend or terminate any account in breach.
3.2 Where we provide an organisation with a number of user licenses for the Service these must be adhered to. User licenses cannot be shared between users. A breach of this clause will result in termination of the abused accounts and/or all accounts provided to the organisation.
3.3 If for any reason you suspect that your username & password has been disclosed to or obtained by another party you should contact us immediately. Please note that we never contact users requesting them to confirm their username & password or other details.
4. Pricing, Plans and Features
4.1 We make every effort to ensure that any pricing displayed on our website or communicated in our proposals or verbally or by email is correct. However, if an error in the pricing of a product, service, subscription or plan is found we reserve the right to either cancel your order or contact you to arrange payment of any extra sum due or refund any overpayment made by you (as applicable).
4.3 We reserve the right in increase prices by the UK Retail Prices Index (RPI) at the time of contract renewal
4.4 We are unable to create floorplans for commercial properties. They will be processed without a floorplan
4.5 Multiple properties may not be put through as a single property, unless it is being sold as one unit and one floorplan is required. We will delete any 360 images from a second property and only create one floorplan and virtual tour.
5. Payment and Credit Control
5.1 All services are billed monthly in advance.
5.2 If you upgrade from a free or trial account you will be immediately charged for the necessary full account or accounts. Your monthly payment will be due from that date each month onwards.
5.3 Unless a lesser term is agreed in writing by both parties, Made Snappy Limited subscription contract is for a term of 12 months with payment in advance or monthly if agreed in writing between the parties
5.4 The subscription contract will automatically renew and payment taken in full on each anniversary of the term agreed unless notice has been served by you in writing to Made Snappy Limited at least three calendar month before the anniversary date. The anniversary date being the last working day of the term agreed by both parties.
5.5 You may terminate a subscription by serving three months notice in writing, subject to the termination date being on or after the end of the initial contract term.
5.6 It is a condition of use that a valid debit or credit card (or other valid payment method accepted by us) is provided at all times in order for your account or accounts to remain active.
5.7 Where a payment is missed, Made Snappy reserve the right to demand the remainder of the contract period be paid immediately in advance in full.
5.8 Where a payment request is made by us and is declined (for whatever reason) access to your account or accounts may be suspended immediately until such time as a valid payment has been processed and a valid payment method is added to your account or accounts.
5.9 Where more than 20 images are uploaded by you Made Snappy reserve the right to make additional charges. Made Snappy will agree to the charges with you before proceeding with the order.
5.10 Properties are counted in the month they are submitted to us for processing and will be included in the relevant invoice for that months usage.
5.11 Where insufficient images have been uploaded for us to complete a virtual tour or floorplan, we will request the missing image from you, or instruction from you to continue without the image if it is possible to complete the work without it. To minimise delays, we will endeavour to complete all work possible while we wait for your response. This property will count towards your usage in the month it was submitted. If there is an outstanding missing image request after two months and we are unable to complete the property, the property will be deleted and will still count towards your usage.
6. Cancellation Rights, Defects and Refunds
6.1 You may notice of cancellation by serving three months notice in writing, subject to the termination date being on or after the end of the initial contract term.
6.2 As this is a business-to-business transaction no right of cancellation exists under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013.
6.3 Subject to you providing complete information to us by seventeen hundred hours and following Made Snappy Limited process and guidance, we will deliver completed services to you by seventeen hundred hours on the next working day.
6.4 Made Snappy Limited are not liable for delays caused by you providing poor quality data or data created outside of the Made Snappy Limited process or by equipment or software used by third party suppliers or by Force majeure covered by Clause 15 of this agreement.
6.5 Made Snappy take no responsibility for errors or omissions and do not undertake floor plans to exacting RIC standards but provide an accurate representation only. “DEFECTS” are defined as substantial errors or mistakes that render the deliverables unusable. Made Snappy reserve the right to correct DEFECTS within 24 hours provided that such DEFECTS are communicated to Made Snappy within 24 hours of delivery.
6.6 Full or partial refunds will only be given where the product or service provided by us is found to be defective.
6.7 In the case of a defective service we reserve the right to offer an additional free period of service or issue a partial or full refund at our sole discretion.
6.8 Where a refund is offered and accepted by you it will be made within seven working days of receiving your acceptance of a refund.
7. Equipment Rentals
7.1 Where camera equipment has been included in your subscription, you must return it to Made Snappy by recorded delivery within 5 working days of the end of your contract.
7.2 Rented camera equipment must be returned appropriately packaged to Made Snappy in a reusable condition with fair wear and tear. There must be no scratches or damage to the camera lens.
7.3 If any rented camera equipment is damaged, you agree to pay 40% of our current list price for the camera equipment, plus postage if applicable.
7.4 If any rented camera equipment is damaged during your contract period, you must pay our invoice for replacement equipment within 5 working days. We will send replacement equipment within 5 working days after receipt by Made Snappy of the damaged equipment.
7.5 If any equipment is faulty, you must report this to us within 5 working days. We will send replacement equipment within 5 working days and arrange for your faulty equipment to be collected and returned to us.
8. Technical Support
8.1 Technical support is provided via email and such other means as we decide in order to provide a proper service to users.
8.2 We reserve the right not to provide a full technical support service to free or trial account users.
9. Specific Service Rules
9.1 As a user you agree not to do any of the following:
1. Abuse, harass, threaten, stalk, defame or in any way seek to violate the rights of another user or third-party.
2. Publish or seek to distribute any material or information that is unlawful, harmful, obscene, indecent, libellous, profane, defamatory, racist, or in any other way inappropriate or objectionable.
3. Use or harvest data provided by other users in a way that they would object to.
4. Encourage illegal activity or activity that violates the rights of other Service users or third parties, whether individuals or organisations.
5. Supply or post content calculated to deliberately mislead other users or third parties, including content falsely made to appear from or be endorsed by us.
6. To pose as another user, third-party or organisation employee for the purposes of obtaining user or third-party information.
7. To transmit or transfer any viruses, trojans, worms or any other malicious programs or code intended to spy on, gain control over, disrupt, destroy or in any other way impair any computer hardware or software or any other equipment.
8. Attempt to gain access to our servers or other equipment in order to disrupt, impair, overload or otherwise hinder or compromise the safety, security or privacy of any of the services provided by or relied upon by users and us.
9. Reframe or repurpose the Service or any content on it, remove, obscure or block any notices (and advertising as applicable) provided by us on the Service.
10. Load or provide access to content on the Service or link to other content from the Service, which infringes the trademark, patent, trade secret or any other proprietary right of a third-party or infringes any intellectual property law.
11. Send junk or spam email or emails or posts promoting pyramid schemes, chain letters or any other activity that invites users and others to participate in wasting their time and/or money.
12. Use any robot, spider, scraper or other technical means to access the Service or any content on the Service.
9.2 If you breach these Terms & Conditions by sending any unsolicited bulk email, (spam) or any other bulk communications to users your actions will cause harm to us and to the Service. Such harm is difficult to quantify and as such you agree to pay us the sum of £50 for each and every individual email or other communication sent to a user or third-party.
9.3 The above list is not intended to be exhaustive. We reserve the right to remove (with or without notice) any content and suspend or terminate (with or without notice) the account of any user who in our sole judgment is in breach of these Terms and Conditions.
10. Content Ownership
10.1 As a user you retain all ownership rights to content provided by you. Made Snappy Limited reserve the right to use images, tours and floor plans for marketing purposes.
10.2 You warrant that any content provided by you does not belong to a third-party whose rights have been violated by the content being posted on to the Service. Furthermore, if any content is owned by a third-party you agree to pay all royalties, fines and settlements owed to that-party, without seeking any contribution from us.
11. Copyrighted Material
11.1 We do not condone or encourage in any way the posting of copyrighted or proprietary content or information by any users who are not the legal owners of such content.
11.2 Where notified of such breaches by the owner of such content we will remove the content from the Service as soon as practicable. But only where we can reasonably ascertain the true owner of such content.
11.3 If as the owner of such content you believe that your rights have been infringed you should contact us as soon as possible and provide all relevant information in writing.
11.4 \“Made Snappy 360\” is a registered trademark of Made Snappy Limited and should not be used in marketing or other materials without the express permission of Made Snappy Limited.
12. Content Monitoring
Users can freely add content to the Service. We do not monitor or assume any responsibility for content posted onto the Service. If at any time we decide to monitor the Service on any occasion it does not mean that we assume responsibility for removing any content or the conduct of any users at the time or in the future.
13.1 We may terminate your user account and all content and materials associated with it at any time where these Terms & Conditions have been breached. Such termination can be with or without notice.
13.2 Various clauses within these Terms & Conditions are designed to survive and continue after termination, including (but not limited to) clauses 11 and 18.
14. Force Majeure
14.1 We will not be liable for any failure of or delay in the performance of this agreement for the period that such failure or delay is
14.1.1 beyond the reasonable control of a party,
14.1.2 materially affects the performance of any of its obligations under this agreement, and
14.1.3 could not reasonably have been foreseen or provided against, but
14.1.4 will not be excused for failure or delay resulting from only general economic conditions or other general market effects.
14.2 You are solely responsible for backing up any content or data entered onto the Service by you. We strongly recommend that you regularly and completely backup all of your content and data on the Service.
15.1 We are not responsible for the accuracy of any content on the Service.
15.2 We are not responsible for any links to third-party websites from the Service and the inclusion of any link does not imply an endorsement of a third-party website or service by us.
16. Limitation of Liability
16.1 We shall be not be liable to you in contract, tort, or otherwise (including negligence), pre-contract or other representations (other than fraudulent or negligent misrepresentations) or otherwise for any loss of business, contracts, profits, damage to goodwill or anticipated savings or for any indirect or consequential or loss whatsoever.
16.2 Nothing in this Agreement shall exclude or limit liability for death or personal injury resulting from the negligence of either party or their servants, agents or employees.
16.3 In any event our liability and that of our employees, officers and third- party partners shall be limited in any 12 month period to the total Service fees incurred by you in relation to the matter subject to the liability or to a payment of £100, whichever is the greater sum.
You agree to indemnify and hold us and our subsidiaries, affiliates and partners and their respective officers and employees harmless from any loss, fines, fees, liability or claim made by any third-party arising from your breach of these Terms & Conditions whilst using the Service or any other service provided by us.
The paragraphs, sub-paragraphs and clauses of these Terms & Conditions shall be read and construed independently of each other. Should any part of these Terms & Conditions or paragraphs, sub-paragraphs or clauses be found invalid it shall not affect the remaining paragraphs, sub-paragraphs and clauses.
Failure by us to enforce any accrued rights under these Terms & Conditions is not to be taken as or deemed to be a waiver of those rights unless we acknowledge the waiver in writing.
21. Entire Terms & Conditions
These Terms & Conditions set out the entire agreement and understanding between you and us. We reserve the right to change these Terms & Conditions at any time, on giving reasonable prior notice to you.
These Terms & Conditions shall be interpreted, construed and enforced in accordance with English law and shall be subject to the exclusive jurisdiction of the English Courts. Where applicable your statutory rights are unaffected.