Terms and Conditions
1. Nature of service provided
Latitude Cartography (‘we’, ‘us’) provides cartographic services, topographic mapping, GIS services, airphoto interpretation and related training services. We are wholly independent of any other profession or organisation.
2. Client’s authority
We will act on the written instructions given either by a Client or by any employee, agent, representative or other person who appears to have the authority to represent the Client. The Client must notify us in writing if any person is not authorised to give instructions on the Client’s behalf.
3. Limit of liability
We will use our best endeavours to complete the Client’s instructions to the Client’s satisfaction. Our work and services are produced and supplied to the highest possible professional standards. However, we will not be liable for any loss or damage however arising from carrying out the Client’s instructions or undertaking the engagement, or for any error or omission in the carrying out of such instructions. This includes working on computers or servers of the Client, directly or via remote access.
Because the maps and supporting GIS services produced are based on either Client-supplied data or data derived from third-party data (e.g. aerial photography, maps), and because these products and services rely on third-party software (e.g. Microsoft, GIS software), we make no representation or warranty of any kind, and assume no liability, expressed or implied, regarding the accuracy, adequacy, validity, functionality, reliability or completeness of our work. It is the responsibility of the Client to check the completeness, accuracy and content of the maps and GIS data we produce.
No rights can be claimed from the maps, map data or GIS functionality/tools produced. The scale on supplied printed maps might be marginally off due to humidity and stretch in the printed materials supplied.
It is the responsibility of the Client to adhere to the copyright terms and licence agreements of purchased software or map data we buy on behalf of the Client.
Please note: a map is a generalised interpretation of what can in reality be found on the ground, regardless of the map’s intended scale or accuracy; maps are not an identical, reduced graphic copy of reality.
4. Copyright
We are obliged not to compromise third-party copyright. With regard to topographic maps we produce:
- All topographic base map data produced is copyright Latitude Cartography. The copyright must be shown in a footnote. The supplied topographic map data is provided under a non-transferable, perpetual licence for its agreed or stated use and may not be used in retail without consent.
- The supplied data may not be transferred to or incorporated into open-source data, or used by other map producers.
5. Costs orders
In the event that the carrying out of the Client’s instructions should result in the making of an order for costs against us, the Client will be liable to indemnify us to the full extent of such an order.
6. Relationship with other specialists, e.g. lawyers, advocates and advisers or technicians
Where we recommend to the Client that an adviser in a specialised field should be instructed, or where we are required to work with such a specialist, the Client shall be responsible for paying the specialist’s fees and expenses. We shall have no liability for the acts or omissions of the specialist or for the specialist’s fees.
7. Fees and expenses
Fees and expenses are chargeable in accordance with the standard fee and expenses rates, which will be outlined in a quote at the start of, or during, a project (if different work needs to be undertaken than initially agreed). These fees are reviewed periodically. Any change to the fee and expenses rates will be notified to the Client in accordance with clause 12. Time is charged in units of 30 minutes.
8. Invoices
Unless previously agreed in writing, invoices are payable by the Client within 14 days of presentation. We shall be entitled to render an interim invoice whenever work in progress and expenses exceed £500.00, or every month during the engagement. Interest on outstanding invoices may be charged at 8% over base rate in accordance with the Late Payment of Commercial Debts (Interest) Act 1998 (as amended by the Late Payment of Commercial Debts Regulations 2002) and any amending legislation. Where the Client acts as a private person, we will be entitled to charge interest on unpaid debts as if against a commercial client.
All prices mentioned in quotes and invoices are in GBP; exchange rates and international bank transfer costs are to be borne by the Client.
9. Payments on account
We shall be entitled to request payment on account of our fees and expenses in advance of carrying out any work, and to decline to carry out the engagement until we hold cleared funds. We will buy in source materials, e.g. aerial photography or base map data, for a Client only on receipt of sufficient funds to make the purchase.
10. Termination of the engagement and continuation of terms
Either we or the Client may terminate the engagement by giving the other 14 days’ notice in writing. The engagement will terminate upon the expiry of such notice. The engagement will also terminate upon its completion. However, where the Client instructs us on a further matter, these terms shall apply unless new terms are issued. Upon termination, the Client will pay our fees to the date of termination, together with any expenses, including expenses for which we may be liable but which arise after the date of termination.
11. Retention of papers and digital files
We shall be entitled to retain any of the Client’s papers, digital files and photography until all fees, expenses and interest have been settled in full. Clients must request the return of any papers or digital files within six months of the completion of a matter. Papers may be destroyed, and digital files deleted, one year after the completion of a matter.
12. Variation
We may vary these terms by giving the Client 14 days’ prior notice in writing.
13. Standard and duty of care
We owe a duty of care to the Client only and not to any third party, but subject always to clause 3 above. The standard of care is that relevant to the work being undertaken. We will not knowingly mislead or introduce errors in our work.
Any disputes or claims shall be governed by and construed in accordance with the law of the United Kingdom.
1 January 2024