Questions about any of the terms below? Contact us at info@105surveys.com.
"Agreed Delivery Date" means the date for delivery of the Deliverables recorded in the Agreed Scope, as may be extended in accordance with clause 14.6.
"Agreed Scope" means the written scope document agreed between 105 Surveys and the Customer prior to commencement of the Services, recording the Deliverables to be provided, the detail to be captured, the applicable accuracy tolerance, and the Agreed Delivery Date.
"Contract" means the contract between 105 Surveys Ltd and the Customer for the supply of Services in accordance with the Quotation and these Terms.
"Customer" means the person, firm, or corporate body which purchases the Services as identified in the Quotation.
"Deliverables" means all designs, drawings, plans, specifications, photographs, reports, surveys, CAD materials, data and any other materials prepared as an output to the Services.
"Fee Proposal" means the written document or email issued by 105 Surveys as a proposal/quotation for the provision of the Services.
"Force Majeure Event" means events beyond a party's reasonable control including acts of God, natural disaster, pandemic, terrorism, war, government action, or failure of utilities or telecommunications.
"Intellectual Property Rights" means patents, rights to inventions, copyright, trade marks, rights in designs, database rights and all other intellectual property rights, whether registered or unregistered.
"Required Standard" means using the reasonable skill, care and diligence expected of a qualified and experienced surveying professional undertaking services similar in scope and character to the Services.
"Services" means the provision of measured building surveys, topographical surveys, utility surveys, setting out, Matterport capture, or any other services supplied by 105 Surveys to the Customer as set out in the Quotation.
"105 Surveys" means 105 Surveys Ltd, a company registered in England and Wales.
Headings are for reference only. Where there is any inconsistency between the Quotation and these Terms, the Quotation shall take precedence. A reference to a statute includes all amendments and subordinate legislation made under it.
2.1 Any Quotation is valid for 30 days from issue, after which 105 Surveys reserves the right to re-quote. The Customer's acceptance via written or email confirmation constitutes an offer to purchase the Services on these Terms.
2.2 The Contract is formed when 105 Surveys issues its Order Confirmation or commences performance of the Services, whichever is earlier. These Terms apply to the exclusion of any other terms the Customer seeks to impose, or which are implied by law, trade custom, or course of dealing.
3.1 105 Surveys shall supply the Services to the Required Standard and in accordance with the Service Specification and Quotation in all material respects, subject to any stated restrictions and limitations.
3.2 Save for the Agreed Delivery Date, which is governed by clause 14, 105 Surveys shall use reasonable endeavours to meet any performance dates specified, but such dates are estimates only and time shall not be of the essence. Timescales are based on information provided at the time the Contract was formed.
3.3 Any documents labelled 'draft' must not be relied upon. Only Deliverables marked 'final' constitute 105 Surveys' definitive output. Services are quoted during normal business hours (09:00–17:00). Additional charges apply for work outside these hours.
3.4 105 Surveys will maintain Professional Indemnity Insurance of no less than £1,000,000 per claim, provided such insurance is available at commercially reasonable rates.
Any request for additional services or scope variations must be made in writing. 105 Surveys may accept or reject any such request at its sole discretion. If accepted, a further Quotation will be issued. No additional services will commence without written acceptance of the revised Quotation.
5.1 The Customer shall ensure all Order terms and information provided are complete and accurate; co-operate fully with 105 Surveys; prepare the premises appropriately; provide safe and unencumbered access; supply all information and documentation reasonably required; obtain all necessary licences, permissions and consents before the Services commence; comply with all applicable laws; and fulfil any additional obligations in the Service Specification.
5.2 If 105 Surveys' performance is prevented or delayed by the Customer's act or omission, 105 Surveys may suspend performance until the issue is remedied. The Customer shall be liable for all additional costs arising from the delay and shall indemnify 105 Surveys against any resulting losses.
5.3 The Services and Deliverables are prepared solely for the purpose set out in the Quotation and must not be used for any other purpose. 105 Surveys shall have no liability for losses arising from such unauthorised use.
5.4 Where Services cannot be performed due to the Customer's breach, 105 Surveys reserves the right to charge its daily rate for the allocated time.
6.1 Charges shall be as set out in the Quotation on a fixed-fee or time-and-materials basis. 105 Surveys shall be entitled to charge for reasonable expenses including travel, accommodation and third-party costs.
6.2 105 Surveys reserves the right to increase charges where: (a) factors beyond its reasonable control arise; (b) the Customer requests scope changes; or (c) delays arise from insufficient or inaccurate Customer information.
6.3 Invoices are payable within 30 days of the invoice date. Time for payment is of the essence. All sums are exclusive of VAT, which shall be payable upon receipt of a valid VAT invoice. PDF drawings shall be deemed approved if no written comments are received within 10 working days of issue, at which point the invoice shall be raised.
6.4 If the Customer fails to pay by the due date, 105 Surveys shall be entitled to charge interest at 8% per annum above the Bank of England base rate, accruing daily from the due date until the date of payment.
6.5 Where access to the survey location is restricted or not made available at the agreed date and time, 105 Surveys reserves the right to charge for each abortive visit at a day rate of £795 + VAT. This charge covers the abortive site visit, travel, loss of business and rescheduling costs.
7.1 105 Surveys grants the Customer a non-exclusive, royalty-free licence to use the Deliverables for the purposes of the project at the Premises. Deliverables must not be reproduced, published or adapted for any other purpose without prior written consent. Any third-party rights subsisting in the Deliverables are licensed to the extent 105 Surveys is entitled to grant them. 105 Surveys Ltd holds the right to use any documentation recorded on site for marketing purposes.
7.2 105 Surveys may use Deliverables prepared under this Contract to promote its work and business, including via social media, provided no Confidential Information is disclosed.
Both parties shall comply with all applicable data protection legislation including the UK GDPR and the Data Protection Act 2018. 105 Surveys shall process personal data only on the Customer's documented instructions, maintain appropriate technical and organisational security measures, and notify the Customer without undue delay upon becoming aware of any personal data breach.
Each party shall keep in strict confidence all confidential information of the other party obtained in connection with the Contract. Confidential information shall only be disclosed to those employees, agents or subcontractors who need to know it. Either party may disclose confidential information where required by law or a court of competent jurisdiction.
10.1 Nothing in this Contract shall limit or exclude either party's liability for: (a) death or personal injury caused by negligence; (b) fraud or fraudulent misrepresentation; or (c) any matter which it would be unlawful to exclude or restrict.
10.2 Subject to clause 10.1, 105 Surveys shall under no circumstances be liable to the Customer for: (a) loss of profit; (b) loss of goodwill; (c) loss of business; (d) loss of business opportunity; (e) loss of anticipated savings; (f) loss or corruption of data; or (g) any indirect, special or consequential losses.
10.3 105 Surveys' total liability to the Customer in respect of all other losses shall not exceed the total charges paid or payable by the Customer under the Contract.
10.4 The Customer shall indemnify and hold harmless 105 Surveys from and against all losses arising from: (a) any breach by the Customer of any Contract term; (b) infringement of third-party IP arising from use outside the intended purpose; (c) delays or defaults caused by the Customer; or (d) the Customer's negligence or misconduct.
10.5 Any claim against 105 Surveys arising under or in connection with the Contract must be notified in writing within 12 months of delivery of the final Deliverables, after which 105 Surveys shall have no liability for such claim.
11.1 105 Surveys may terminate the Contract by giving no less than 1 week's written notice for any reason. Either party may terminate with immediate written effect if the other party: (a) commits a material breach and fails to remedy it within 7 days; (b) is unable to pay its debts or enters administration, receivership or liquidation; or (c) ceases or threatens to cease to carry on all or a substantial part of its business.
11.2 105 Surveys may suspend or terminate with 7 days' notice if the Customer fails to pay any amount due on its due date.
11.3 On termination, the Customer shall immediately pay all outstanding invoices and any sums due for Services performed but not yet invoiced.
105 Surveys shall not be liable for any delay or failure to perform arising from a Force Majeure Event. 105 Surveys shall notify the Customer promptly and use reasonable endeavours to mitigate effects. If a Force Majeure Event continues for more than 6 months, 105 Surveys may terminate with immediate effect by written notice.
13.1 Assignment. 105 Surveys may assign, transfer or subcontract any rights and obligations. The Customer shall not assign or subcontract without the prior written consent of 105 Surveys.
13.2 Notices. Any notice shall be in writing, delivered by first class post or email. Email notices during business hours are deemed received at the time of transmission; outside business hours, on the next Business Day.
13.3 Severance. If any provision is invalid or unenforceable, it shall be deemed deleted without affecting remaining provisions.
13.4 Waiver. Failure or delay to enforce any provision shall not constitute a waiver. A waiver is only effective if given in writing.
13.5 No Partnership. Nothing in this Contract shall establish any partnership, joint venture or agency.
13.6 Entire Agreement. This Contract constitutes the entire agreement between the parties and supersedes all previous agreements relating to its subject matter. No variation shall be effective unless agreed in writing and signed by both parties.
13.7 Disputes. Any dispute shall first be referred to senior representatives of both parties for resolution within 14 days. Where unresolved, it may be referred to independent arbitration by mutual agreement.
13.8 Governing Law. This Contract shall be governed by and construed in accordance with the laws of England and Wales. Each party irrevocably submits to the exclusive jurisdiction of the courts of England and Wales.
13.9 Third Parties. No person who is not a party to this Contract shall have any right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this Contract.
14.1 This clause 14 applies to measured building survey Services only, and does not apply to topographical surveys, utility surveys, setting out, Matterport capture or any other Services unless expressly stated in the Quotation. Prior to commencement of the Services, 105 Surveys shall agree the Agreed Scope with the Customer. The Agreed Scope shall be the sole reference document for any claim under this clause 14.
14.2 If 105 Surveys delivers the Deliverables after the Agreed Delivery Date, 105 Surveys shall refund the survey fee paid by the Customer in full. The Customer shall retain the licence to use the Deliverables granted under clause 7.1. "Delivers" means the provision of Deliverables substantially conforming to the Agreed Scope; minor omissions or inaccuracies shall be addressed under clause 14.3 and shall not constitute a failure to deliver.
14.3 If any item recorded in the Agreed Scope is absent from the Deliverables, or any measurement falls outside the accuracy tolerance stated in the Agreed Scope, the Customer shall notify 105 Surveys in writing. 105 Surveys shall correct the Deliverables at no cost within 5 Business Days of such notice, including undertaking a return site visit where required. If 105 Surveys fails to correct the Deliverables within that period, it shall refund the survey fee paid by the Customer in full.
14.4 This clause 14 shall not apply where the delay or omission arises from: (a) access to the survey location not being made available as arranged; (b) variations to the Agreed Scope requested after the Contract is formed; or (c) areas that were inaccessible or unsafe at the time of the site visit, as noted on the Deliverables.
14.5 In respect of the Agreed Delivery Date only, this clause 14 shall take precedence over clause 3.2. A refund under this clause 14 shall be the Customer's sole and exclusive remedy for late delivery of, or omissions from, the Deliverables, without prejudice to clause 10.1.
14.6 Where 105 Surveys is unable to meet the Agreed Delivery Date due to illness, equipment failure, or other circumstances beyond its reasonable control, it may extend the Agreed Delivery Date once, by up to 5 Business Days, by giving the Customer written notice before the original Agreed Delivery Date. No further extension shall apply.
15.1 General. The Deliverables comprise 2D floor plans, elevations and sections in the quantities set out in the Quotation. The orientation of the building on the drawings is set parallel to the X or Y axis at 105 Surveys' discretion unless otherwise agreed. Measurement points for doors, windows, roofs and other elements are selected by the surveyor unless specific points are agreed in writing before the survey.
15.2 Accuracy and drafting tolerance. Drawings are produced to a drafting tolerance measured against the point cloud captured on site, not against the physical building. Model data is constructed to an average tolerance of 10 to 15mm of the point cloud, with a maximum tolerance of 30mm. Wall lines are fixed at room corners and drawn straight between them; intermediate points are adjusted to follow the point cloud only where the cloud deviates from the drawn line by more than the maximum tolerance. Minor deviations within tolerance, including local wall movement, bowing and surface irregularities, are regularised and not shown. This is the accuracy tolerance for the Agreed Scope under clause 14 unless a different figure is stated in the Quotation, and any claim under clause 14.3 relating to accuracy shall be assessed by comparison of the Deliverables against the point cloud. Elements described in this clause 15 as indicative are shown for position only and are excluded from that tolerance. Where a project requires accuracy beyond this specification, the Customer must request it in writing before instruction.
15.3 Floor plans. Walls are traced from the point cloud cut at 1500mm above floor level, varied where needed to capture obstructed areas. Within each floor, walls are assumed vertically even, so minor stepping may occur at floor junctions. Wall edges are shown in minimal detail without finishes. Plans include walls, windows, doors, room names, floor level marks and floor to ceiling heights. Windows and doors are drawn as standard symbols with width and height only; window heights are measured from sill to head and must be verified on site before any window-related works; door heights are measured from floor or threshold to the top of the leaf, with swings shown for external doors only. Sanitaryware is shown in indicative position and size. Built-in storage is not shown, except kitchen worktops. Staircases are drawn as a standard symbol with indicative dimensions. Floors and ceilings are modelled flat at the average level of each room. Local ceiling changes, beams and small variations are not shown. Roof structures are not shown. Only ceiling openings and rooflights appear on floor plans.
15.4 Elevations. Elevations are produced only within the limits of the scanned areas, with detail shown where visible from ground level and where safe access allowed capture. Window and door dimensions are taken from internal measurements unless unavailable, in which case they are taken from the facade. Pipes over 30mm diameter are shown; gutters and downpipes are indicative. Architectural features and ornamentation are shown in simplified detail, and visually similar repeating elements may be copied. Facade areas not visible from the ground are shown indicatively. Roof lines are regularised and uneven roof surfaces are not shown. Electrical fixtures are not shown.
15.5 Sections. Where the property has a staircase, one section is taken through it unless otherwise agreed. The position of any remaining sections is at 105 Surveys' discretion unless agreed. Sections are derived from the floor plans, so the stepping described in clause 15.3 may occur, and are drawn to a depth of up to 100mm. Section coverage matches the floor plan areas in the Quotation.
15.6 Verification. All information in the Deliverables must be checked and verified before fabrication or construction. Structural element thicknesses must be verified on site before use in any structural calculation. Any discrepancy should be notified under clause 14.3.
Terms last updated: 21 July 2026. These terms apply to instructions accepted on or after this date. Previous versions are available on request.