CoreLogic U.K. Limited, trading as ehouse, Terms & Conditions & GDPR (Schedule 1)

1. Introduction

1.1.

This is a legal agreement between CoreLogic U.K. Limited, trading as ehouse ('we', 'us' or 'ehouse') and you ('you' or 'your'). These terms & conditions of business shall apply to all commissions undertaken by ehouse, unless otherwise specifically agreed in writing. By using an online order form, or by ordering via telephone, post or email, you agree to be bound by these terms & conditions. All orders and requests for commissions or any additional services will be subject to ehouse's acceptance, which will be notified to you when ehouse confirms your order and will be governed by these terms & conditions. ehouse reserves the right to amend this agreement from time to time and new versions of this agreement will be posted on ehouse's website. Where ehouse is referred to in this agreement it relates to the company or contractors working on its behalf.

 

2. ehouse Commissions

2.1.

ehouse provides various services from time to time, which may include without limitation filming and photographing premises, processing panoramic images, creating virtual tours (including augmented/virtual reality tours), drafting floor plans, hosting web pages and writing and printing particulars. ehouse reserves the right to reject any commission.

3. Fees

3.1.	ehouse's fees are subject to change from time to time. ehouse's fees are payable immediately on supply of an invoice on completion of the commission. ehouse reserves the right to charge interest at 4% above Barclays Bank base rate from time to time for any amounts outstanding beyond 30 days. All invoices are subject to VAT where applicable.
3.2.	If, despite reminders, you have still not paid any amount outstanding after 90 days, then ehouse reserves the right to add additional charges to the invoice to cover the costs of debt collection. These charges are based on an hourly rate of £150 per hour for the director who chases the debt and £50 per hour for junior staff. It is ehouse's policy to add a fixed charge of £500 to the outstanding amount as a reasonable estimate of the costs involved and in placing your order subject to these terms & conditions you expressly agree this additional charge to be reasonable.
3.3.	If you pass our invoice to your client for payment you remain liable if they do not pay. If the part of your company we are transacting with is sold prior to payment being received (e.g., if a branch of an estate agency is sold) ehouse reserves the right to collect payment from the company that placed the order.

4. Photographs, Virtual Tours and Videos

4.1.

ehouse will use reasonable skill and care in shooting and preparing photographs, virtual tours and videos in fulfillment of a commission. It is your responsibility to check photographs, virtual tours and videos supplied to ensure that they are correct in all requirements..

4.2.

If you are not completely satisfied with the material ehouse have supplied you must tell ehouse immediately and explain why you are dissatisfied, and you must give ehouse the opportunity to correct the problem. Where you require ehouse to assist with your ID checks, such as by taking photographs of ID documentation, it is your responsibility to ensure that the commission falls within all current legal and regulatory requirements, in particular those in relation to Data Protection. Your attention is drawn to clause 9 below which covers the limitation of ehouse's liability.

5. Floor Plans

5.1.	ehouse will use reasonable skill and care in taking measurements and drafting floor plans. All floor plans supplied by ehouse are intended for indicative purposes only, they are not intended to be scale drawings and measurements and areas quoted are approximate, whether or not a suitable disclaimer appears on the drawing.
5.2.	If you are not completely satisfied with the floor plan or if you think it may contain an error, then you must tell us immediately so that we can investigate and if necessary make corrections. ehouse draws your attention to the requirements of the Consumer Protection Regulations (CPR) which include the Consumer Protection from Unfair Trading Regulations 2008, the Business Protection from Misleading Markets Regulations 2008, and any other relevant legislation from time to time in force. It is your responsibility to ensure that a floor plan is an accurate representation of the property. ehouse accepts no liability whatsoever for any error or omission or inadvertent miss-statement in a floor plan.
5.3.	If you request that ehouse makes changes to the presentation of an ehouse floor plan you are responsible for checking those changes have been made correctly and also that they do not result in the property being misrepresented. If you make changes of any kind that affect the quoted floor area ehouse accepts no responsibility for the new quoted area.

6. Energy Performance Certificates and Retrofit Assessments

6.1.

For Energy Performance Certificates (EPCs), all of ehouse operatives are qualified and audited regularly by external, industry specific accreditation schemes. If you are not completely satisfied with the EPC in the first instance you are required to notify ehouse, explaining your reasons for dissatisfaction and give ehouse the opportunity to explain or correct the problem. Your attention is drawn to the fact that our assessors follow a specific, government created, data collection system to produce the EPC and there is little chance of ambiguity within this. The RdSAP methodology used to produce a residential EPC is limited and does not encompass all possible physical scenarios, and as a result sometimes it is impossible to convey within the EPC the trueness of the property. If you are still not satisfied after your initial complaint, ehouse can direct your enquiry to the relevant accreditation scheme (details of which can be found on your report) and their complaints department.

6.2.

Retrofit Assessments (RA) and supporting Cavity Wall Inspection Technical Survey (CTS), ehouse operatives completing RA and CTS assessments are qualified and audited regularly by external, industry specific accreditation schemes. Retrofit Assessments will meet PAS 2035 compliance specifications. CTS will provide borescope images for each elevation with defects being highlighted. If you are not completely satisfied with the RA or CTS in the first instance you are required to notify ehouse, explaining your reasons for dissatisfaction and give ehouse the opportunity to explain or correct the problem. Your attention is drawn to the fact that our assessors follow a specific, government created, data collection system to produce the assessments and there is little chance of ambiguity within this. The RdSAP methodology used to produce an assessment is limited and does not encompass all possible physical scenarios, and as a result sometimes it is impossible to convey within the report the trueness of the property. If you are still not satisfied after your initial complaint, ehouse can direct your enquiry to our accreditation scheme (details of which can be found on your report) and their complaints department.

7. Printing & Writing Particulars

7.1.

ehouse will use reasonable care and skill in producing printed particulars. ehouse will supply print proofs by email in PDF form at or the client may produce these using the ehouse online platform. In approving a proof for print you take full responsibility for the content of the proof and will be deemed by ehouse to have checked the final version in detail, including the photographs, the text (whether written by you or ehouse), the floor plan, the EPC and any other content.

7.2.

When a proof is approved by you, ehouse will produce the printed particulars that reflect the PDF proof to within accepted commercial tolerances on colour reproduction. Proofs viewed on incorrectly calibrated computer screens and printed on office printers may not reflect the true colours of a brochure and ehouse takes no responsibility for differences that may arise as a result. Note also that a proof viewed on screen will generally be slightly brighter than the printed version. In the event that on delivery to you the printed particulars are unsatisfactory due to damage in transit or for any other reason, you must inform us immediately so that we can correct the problem, and you must retain all copies affected for collection by ehouse to allow the problem to be assessed, otherwise ehouse cannot take responsibility for rectifying such errors.

8. Your Obligations

8.1.	You will be liable for the full cost of a commission if ehouse's employees or agents are unable to gain access to the premises for an agreed appointment. If another appointment is made to shoot the premises, this will be at an additional cost to be agreed between the parties.
8.2.	You will be responsible for ensuring that the premises to be filmed, photographed, drawn for a floor plan, or inspected for an EPC are in a suitably presentable state. You will be responsible for ensuring that the display and distribution of photographs, virtual tours, floor plans and printed particulars, via internet, post, hand delivery or email complies with all relevant CPR legislation.
8.3.	You warrant that you have the authority to commission the photography, production of a virtual tour, floor plan and printed particulars of the premises in question, including allowing ehouse's employees or agents’ access to the premises.

9. Warranties and Liabilities

9.1.	ehouse warrants that it will use reasonable skill and care to provide the commission. ehouse warrants that it will not materially adjust or manipulate any images filmed. All other warranties express or implied are hereby excluded to the fullest extent permitted by law.
9.2.	Any liability ehouse may have (whether in contract, tort, including negligence or otherwise) shall be limited to the total fees paid by you under this agreement. ehouse shall not be liable to you or to any third party for any loss of profits, loss of sales, loss of turnover or loss of use or corruption of data or software or for any indirect, consequential or special loss. This does not exclude ehouse's liability in respect of fraud or in respect of death or personal injury caused by ehouse's negligence.
9.3.	ehouse does not guarantee that any of its virtual tour/reality files or videos shall be playable on any particular computer system. ehouse shall not be responsible for any delay or failure to carry out ehouse's commissions under this agreement for reasons beyond ehouse's reasonable control including but not limited to the acts or omissions of a third party or your failure to perform your obligations.
9.4.	If ehouse's employees or agents fails to arrive within 30 minutes of an agreed appointment you may elect for a new appointment at a mutually agreed time or request a full refund of any monies paid in respect of the commission.
9.5.	In the event of a dispute about the quality of pictures, tours or videos taken, ehouse may in its sole discretion, elect to re-shoot the images, tours or videos or offer a full refund of any monies paid. This section shall survive the termination of this agreement for any reason.

10. Termination

10.1.

ehouse reserves the right to terminate this agreement without notice for any reason including non-payment of fees. ehouse's fees shall be payable immediately on termination or expiry howsoever caused of this agreement.

11. Intellectual Property

11.1.

All copyright and other intellectual property rights in and relating to the commission shall be owned exclusively by ehouse.

12. Limitation as to use

12.1.

You are expressly prohibited from using any part of a virtual tour commission undertaken by ehouse in conjunction with any other virtual tour software.

13. General Terms

13.1.	This is the only agreement between ehouse and yourself. If a court decides that any part of the agreement cannot be enforced, then that part will not apply. The rest of this agreement will continue to apply.
13.2.	Any notice given under this agreement must be made in writing only and sent by pre-paid first class post to the parties’ respective addresses. This agreement shall be governed by English law and the English courts.

14. Cancellation Policy

14.1.	Our policy is that you can postpone an appointment at any time up until 5pm the working day before the visit without cost, so long as ehouse has not already become committed to expenditure which cannot be avoided (e.g. travel costs). If ehouse has already become committed to such costs, ehouse will charge you accordingly.
14.2.	Cancellation or postponement of an appointment for any reason after 5pm on the working day prior to the visit incurs an automatic charge, equivalent to 50% of the full price of the job. A working day for this purpose is considered Monday to Friday; cancellations for Monday appointments must be made before 5pm on the preceding Friday.

CoreLogic U.K. Limited, trading as ehouse, Fore 2, 2 Huskisson Way, Shirley, Solihull, B90 4SS

Co Reg. 05613233

VAT number 903 6146 46

 

SCHEDULE 1 - GDPR

1. DATA PROTECTION

1.1 In this agreement:

1. The Customer is the Controller and the Supplier is the Processor; and;
2. The types of Personal Data and categories of Data Subject which will be processed, the nature and purpose of that processing and the duration of that processing are Information on private individuals owning or renting houses and flats. This is usually confined to name, address, telephone numbers and email addresses, used usually over a period of a few days (although sometimes a few weeks) to make appointments to visit to undertake professional photography and related services. Occasionally it may contain other information such as means of access to a property.

 

1.2 In relation to the processing of Personal Data, the Supplier shall:

1. Only process Personal Data in accordance with the Customer's written instructions from time to time (which may be specific instructions or standing instructions of general application in relation to the Services, whether set out in this agreement or otherwise notified to the Supplier), unless such processing is required by any law (other than contract law) to which the Supplier is subject, in which case the Supplier shall (to the extent permitted by law) inform the Customer of that legal requirement before carrying out the processing;
2. Immediately notify the Customer if it considers that the Customer's instructions are in breach of the GDPR or other EU member state laws; and
3. Keep a written record of all such processing activities which shall include the information required to be kept under Article 30(2) of the GDPR.

 

1.3. In relation to the security and confidentiality of the Personal Data, the Supplier shall.

1. Ensure that it has in place appropriate technical and organisational measures to ensure a level of security for the Personal Data which is appropriate to the risks to individuals that may result from the accidental or unlawful destruction, loss, alteration, unauthorised disclosure of, or access to the Personal Data;
2. In addition:
1. Ensure that only those of the Supplier's Personnel who need to have access to the Personal Data are granted access to such data and only for the purposes of the performance of this agreement and all of the Supplier's Personnel required to access the Personal Data are informed of the confidential nature of the Personal Data, comply with the obligations set Out within this schedule, and are bound by appropriate confidentiality obligations when accessing the Personal Data; and
2. Not publish, disclose or divulge any of the Personal Data to any third party (including for the avoidance of doubt the Data Subject itself) unless directed to do so in writing by the Customer;
3. Not modify, amend or alter the contents of the Personal Data unless specifically authorised in writing by the Customer.

 

1.4 If the Supplier becomes aware of Personal Data breach, it shall notify the Customer without undue delay on becoming aware of such a breach.

 

1.5 The Supplier shall notify the Customer within five Business Days upon receiving the following:

1. A request from a Data Subject to have access to that person's Personal Data; or
2. A complaint or request relating to the Customer's obligations under the Data Protection Legislation; or
3. Any other communication relating directly or indirectly to the processing of any Personal Data in connection with this agreement.

 

1.6 The Supplier shall provide the Customer with full co-operation and assistance in order to enable the Customer to comply with its obligations under the Data Protection Legislation in relation to:

1. The Customer's obligations in relation to responding to Data Subject requests, including (but not limited to) the following:
1. Complying with the relevant timescales as set out in the Data Protection Legislation but strictly in accordance with the Customer's instructions;
2. Providing the Customer with any other information as so requested by the Customer in this regard,
3. Providing the Customer with any other information as so requested by the Customer in this regard,
2. The security of the Personal Data;
3. Notifying Personal Data breaches to the relevant supervisory authority;
4. Communicating personal data breaches to the Data Subject; and
5. Impact assessments and related consultations with supervisory authorities or regulators.

 

1.7 The Supplier shall:

1. Make available to the Customer all information that the Customer requests from time to time to enable the Customer to verify that the Supplier is in compliance with its obligations in this clause; and
2. Permit the Customer or its external advisers to inspect and audit the Supplier's data processing activities to inspect and audit the Supplier's data processing activities and those of its agents, subsidiaries and Sub-contractors.

 

1.8 This clause shall only apply in relation to the sub-contracting of Personal Data processing under this agreement:

1. The Supplier shall not engage or authorise a Sub-Contractor to process the Personal Data unless:
1. It has obtained the prior written consent of the Customer (which may be granted or withheld in the Customer's sole discretion) before transferring the Personal Data to any Sub-Contractors in connection with the provision of the Services; and
2. The Sub-Contractor has either entered into a direct contract with the Customer or a contract with the Supplier which incorporates the provisions equivalent to those in this agreement in relation to confidentiality, data protection and security, and
2. Where a Sub-contractor is appointed pursuant to this agreement, the Supplier shall remain liable for the acts and omissions of that Sub-Contractor as if they were the Supplier's own.

 

1.10 The Customer acknowledges that the Supplier is reliant on the Customer alone for direction as to the extent the Supplier is entitled to use and process the Personal Data. The Supplier shall be entitled to relief from liability in circumstances where a Data Subject makes a claim or complaint with regards to the Supplier's actions to the extent that such actions directly result from instructions received from the Customer.

 

1.12  The Supplier shall, at all times during and after the Term, indemnify the Customer and keep the Customer indemnified against all losses, damages, costs or expenses and other liabilities (including legal fees) incurred by, awarded against or agreed to be paid by the Customer arising from any breach of the Supplier's obligations under this agreement, except and to the extent that such liabilities have resulted directly from the Customer's instructions.