1. Who these terms are between
1.1 The services are provided by Emilecon Management Services Ltd, trading as Emilecon ("Emilecon"), a company registered in England and Wales under company number 17448800, with its registered office at Flat 15 Kingscote, Hodford Road, Golders Green, London NW11 8NH. Email hello@emilecon.com, telephone +44 7300 385 444.
1.2 "The Client" is the person, agency or company that instructs the work and accepts the quotation. Where a letting or managing agent instructs on behalf of a landlord, the agent is the Client and is responsible for payment unless Emilecon has agreed in writing to invoice the landlord.
1.3 Some of these terms apply differently to a Client who is a consumer, meaning an individual acting wholly or mainly outside their trade, business or profession. Those differences are marked. Nothing in these terms affects a consumer's statutory rights.
1.4 Facilities management is provided under a separate written agreement. Where that agreement conflicts with these terms, the agreement applies.
2. Quotations and how a contract is made
2.1 Every job starts with a written quotation setting out the services, the property, the fee and the date. A quotation is valid for 30 days.
2.2 A contract is formed when the Client accepts the quotation in writing, including by email, or confirms a booking. These terms and the quotation together are the whole agreement. If they conflict, the quotation applies.
2.3 Fees are quoted on the information the Client gives: the size of the property, whether it is furnished, and its location. If the property turns out to be materially larger, more heavily furnished or harder to access than described, Emilecon will say so before continuing, and any extra fee must be agreed before the extra work is done.
3. What the Client is responsible for
3.1 Arranging access at the booked time, with keys, alarm codes and parking information provided in advance.
3.2 Making sure the electricity is on and the property is safe to enter, and telling Emilecon beforehand about any known hazard, including asbestos, unsafe structures, animals or occupants who may be vulnerable.
3.3 Telling any tenant or other occupier, in advance, that a visit will take place and that the property will be photographed and, where booked, scanned. The Client confirms it has a lawful basis for sharing occupiers' details with Emilecon.
3.4 For 3D tours, making sure the property is presented as the Client wishes it to be seen. Personal documents, photographs of people and anything else the Client does not want captured should be removed before the visit.
4. Cancellations and abortive visits
4.1 A booking can be cancelled or moved free of charge with at least 48 hours' notice before the appointment.
4.2 With less than 48 hours' notice, a charge of 50% of the quoted fee applies.
4.3 Where Emilecon attends at the booked time and cannot carry out the work because access is not available, the keys are missing or the property is unsafe, the visit is abortive and a charge of 50% of the quoted fee applies. A new appointment is then charged at the full fee.
4.4 If Emilecon has to cancel, a new date is offered at no extra cost, or any payment already made is refunded in full.
4.5 For consumers, these charges reflect the time set aside and the travel already committed, and do not affect the cancellation rights in section 11.
5. Delivery
5.1 Inventory, check-in, check-out and interim reports are normally delivered within two working days of the visit. 3D tours and floor plans are normally delivered within five working days. These are targets, not guarantees, and the quotation may set a different date.
5.2 Reports and tours are delivered electronically, by email or as a secure link.
5.3 Check-in reports should be sent to the tenant by the Client, who should invite the tenant to comment. Factual errors in a report must be raised with Emilecon within seven days of delivery so they can be checked and, where appropriate, corrected.
6. Fees and payment
6.1 Fees are as set out in the quotation. Emilecon is not currently registered for VAT, so no VAT is charged. If that changes, the Client will be told before any fee that includes VAT is quoted.
6.2 Business clients, including letting and managing agents, are invoiced when the report or tour is delivered. Payment is due within seven days of the invoice date.
6.3 Consumers are invoiced when the booking is confirmed. Payment is due in full before the report or tour is released.
6.4 Payment is by bank transfer to the account shown on the invoice, quoting the invoice number. Emilecon will never change its bank details by email. If an email appears to do so, telephone +44 7300 385 444 before paying.
6.5 Late payment by business clients. Emilecon may claim interest and fixed compensation under the Late Payment of Commercial Debts (Interest) Act 1998, currently 8% a year above the Bank of England base rate, plus a fixed sum of £40, £70 or £100 depending on the size of the debt, and reasonable costs of recovery.
6.6 Late payment by consumers. Interest may be charged on overdue sums at 4% a year above the Bank of England base rate, calculated daily from the due date until payment.
6.7 Where an invoice is more than 30 days overdue, Emilecon may, after giving seven days' written notice, suspend further work for that Client and disable any tour it hosts for the unpaid job until the account is settled.
6.8 If the Client disputes part of an invoice, it should say so in writing within seven days and pay the undisputed part by the due date.
7. Who owns the photographs, scans and reports
7.1 Every photograph, video, 360 degree image, scan, 3D model, floor plan, measurement, note and report that Emilecon creates while providing the services (together, "the Materials"), and all copyright and other intellectual property rights in them, belong to Emilecon Management Services Ltd. That applies whoever owns or occupies the property where they were captured. Nothing in these terms transfers ownership of the Materials to the Client or to anybody else.
7.2 Once the fee for a job has been paid in full, the Client receives a non-exclusive, non-transferable licence to use the Materials for the purpose they were commissioned for: marketing and letting or selling the property, managing the tenancy, and using them as evidence in any dispute about the property or the tenancy. That includes sharing them with the landlord, tenants, property portals, deposit protection schemes and their adjudicators, courts, insurers and professional advisers.
7.3 The Client may not sell the Materials, license them to anybody else, use them for a different property, or edit them in a way that changes what they show about the condition of the property.
7.4 Until the fee is paid, no licence exists. Emilecon may ask any portal or website displaying unpaid Materials to remove them.
7.5 Emilecon may use the Materials to stand behind its own work, including in any dispute, and to meet legal obligations. It may use them in its own marketing only where no person, personal document or identifiable address can be seen, or with the Client's written consent.
7.6 Ownership of the Materials does not override data protection law. Where images or reports contain personal information, it is handled as the privacy notice describes.
8. Hosting of 3D tours
8.1 Tours are hosted on a third party platform and stay online for 12 months from delivery. Hosting after that is available by agreement, for a fee quoted at the time. Nothing renews automatically.
8.2 Emilecon is not responsible for interruptions to the hosting platform that are outside its control, but will restore access as soon as reasonably possible.
9. What a report or tour is, and what it is not
9.1 A report records the visible condition and contents of the property on the day of the visit. It is not a building survey, a structural or damp survey, an asbestos survey, or a test of appliances, electrics, gas or plumbing. Heavy furniture is not moved, locked areas are not opened, and lofts and roofs are not inspected unless the quotation says otherwise.
9.2 Floor plans are drawn from the scan and give room dimensions for guidance. They are not a measured survey to any RICS standard, and should not be used to calculate a rent or price charged by floor area.
9.3 A report describes condition impartially, whoever instructed it. Emilecon does not decide how a deposit is divided.
10. Liability
10.1 The services are carried out with reasonable care and skill.
10.2 Nothing in these terms limits or excludes liability for death or personal injury caused by negligence, for fraud or fraudulent misrepresentation, or for anything else that cannot lawfully be limited or excluded.
10.3 Business clients. Subject to 10.2, Emilecon is not liable for loss of profit, loss of rent, loss of a deposit claim, or any indirect or consequential loss, and its total liability for any job is limited to the fee paid or payable for that job.
10.4 Consumers. Emilecon is responsible for loss that is a foreseeable result of breaking these terms or failing to use reasonable care and skill. It is not responsible for loss that was not foreseeable, or for business losses.
10.5 Emilecon is not responsible for delay or failure caused by events outside its reasonable control, such as severe weather, transport disruption or illness, but will tell the Client promptly and offer a new date.
11. Consumers: the right to cancel
11.1 A consumer who books by email, telephone, through the website or away from Emilecon's business premises may cancel within 14 days of the contract being made, without giving a reason.
11.2 The visit will not take place within those 14 days unless the consumer expressly asks for it to. If they do and then cancel, they pay a proportionate amount for the work carried out up to the point of cancellation. Once the work has been fully carried out at the consumer's request, the right to cancel ends.
11.3 To cancel, email hello@emilecon.com or write to the registered office with a clear statement of the decision. The model form below may be used but is not required. Any refund due is made within 14 days, by the same method used to pay.
Model cancellation form. To Emilecon Management Services Ltd, Flat 15 Kingscote, Hodford Road, Golders Green, London NW11 8NH, hello@emilecon.com. I hereby give notice that I cancel my contract for the supply of the following service: [service]. Ordered on: [date]. Name: [name]. Address: [address]. Signature (if sent on paper): [signature]. Date: [date].
12. Complaints
12.1 A complaint can be made by email to hello@emilecon.com with "Complaint" in the subject line, by telephone, or by post to the registered office.
12.2 It will be acknowledged within five working days, and a full response given within 20 working days. If it needs longer, the Client will be told why and when to expect an answer.
13. General
13.1 Emilecon may use suitably qualified subcontractors for part of the work and remains responsible for what they do.
13.2 Neither party may transfer the contract to anybody else without the other's written consent, except that Emilecon may transfer it to a business that takes over its services, provided the Client's rights are not reduced.
13.3 If any part of these terms is found to be unenforceable, the rest continues to apply.
13.4 These terms may be updated. The version in force on the date the quotation is accepted applies to that job.
13.5 These terms are governed by the law of England and Wales, and the courts of England and Wales have jurisdiction. A consumer who lives in Scotland or Northern Ireland may also bring proceedings in the courts where they live.
13.6 How personal information is used is set out in the privacy notice. The separate website terms of use cover use of this website.