Terms and Conditions

  1. Background
    1. This Agreement is between the Local Exposure Limited (“Local Exposure”) and the business whose premises have been photographed for the Street View | Trusted program or other web service (the “Business”). This agreement contains the entire understanding between Local Exposure Limited and the Business. It supersedes all prior and simultaneous agreements between the parties. Only those changes or modifications specifically placed in writing, attached, dated and signed by the Business and Local Exposure Limited at the time of acceptance of this contract shall be recognised as amendments to this contract.
  2. Google Street View | Trusted Photography Service
    1. Street View | Trusted Program: Local Exposure is an independent contractor and as such is not a Google employee or agent, but Local Exposure is authorised under the Street View | Trusted program to provide Photography services to local, national and international businesses that desire to participate in the Street View | Trusted Program.
    2. Services and Ownership of Photographs. In exchange for the Service Fee:
      1. Local Exposure will take photographs of those portions of the exterior and interior of the Business premises designated by the Business as acceptable for photographing in connection with the Street View | Trusted Program (the “Photographs”);
      2. Local Exposure will use commercially reasonable efforts to ensure that the Photographs meet the Street View | Trusted Program’s technical specifications;
      3. Images are the property of Local Exposure and are licensed to the Business to use in marketing and to add to its website and social media for the duration of this agreement.
      4. To the extent permitted by law, the Business will obtain: i). waivers from all of Local Exposure’s personnel in respect of any “moral rights” that such personnel may have in the Photographs, including any right of attribution; and ii. assignments by Local Exposure’s personnel to the Business of all moral rights in the Photographs.
      5. Local Exposure will upload the Photographs to Google for processing and use in accordance with Section 4 below.
    3. Terms Governing the Uploading, Processing, and Use of Photographs
      1. Google Terms of Service. Business agrees that the uploading, processing, and use of the Photographs will be governed by Google’s standard online terms of service for such Photographs as set forth at www.google.com/intl/en-GB/policies/terms (along with relevant Additional Terms, as set forth at www.google.com/maps/streetview/trusted/) or such other URL/Additional Terms as Google may designate from time to time (collectively, the “Google Terms of Service”).
      2. Authorisation to Upload Photographs to Google for Google’s Use. Business hereby authorises Local Exposure to upload the Photographs to Google on Business’ behalf and licenses the Photographs for Google’s use in accordance with the Google Terms of Service.
      3. Limited License to Service Provider. Business grants Local Exposure a nonexclusive license to use a reasonable number of images created under this Agreement as “samples” or “portfolio copies” for Local Exposure to archive examples of Local Exposure’s work and to advertise or market Local Exposure’s professional services.
    4. Service Fee Payment & Cancellations
      1. Prior to full activation of your service either a set-up fee will be charged or a Direct Debit mandate should be agreed and activated.
      2. The Direct Debit will take the form of monthly/ annual direct debit payments for your service. The Direct Debit will normally begin either the month after the set-up fee has been paid or if no set-up is to be paid, the month the service is set active after any trial period has taken place.
      3. In order to guarantee Business’s continuity of service Local Exposure operates a twelve-month rolling agreement. After the initial twelve-month period the agreement simply rolls over to form the basis of a new twelve-month term.
      4. Cessation of service can be effected by giving 30 days’ written notice to cancellations@localexposure.co.uk or via post to Local Exposure Limited, Bridge Court, Bridge Street, long Eaton, Nottingham, NG10 4QQ prior to the end of any current 12-month term.
  3. Business Video Service
    1. The Business Video Service
      1. Local Exposure agrees to supply the video to the customer by means of a link from YouTube, where the video is hosted.
      2. Unless otherwise agreed, the Business accepts Local Exposure’s decisions on creativity within the product/s and service/s.
      3. Unless otherwise stated in writing, Local Exposure retains copyright in all of their original material. Original material includes video recordings, graphics, soundtracks and any other design or artwork commissioned by the Business in relation to the agreement.
      4. Local Exposure retains the right to use this material in its original and edited from as they see fit.
      5. Local Exposure reserve the right to charge for additional work required after the initial video has been approved by the Business.
    2. Service Fee Payment & Cancellations
      1. Prior to full activation of your service either a set-up fee will be charged or a Direct Debit mandate should be agreed and activated.
      2. The Direct Debit will take the form of monthly/ annual direct debit payments for your service. The Direct Debit will normally begin either the month after the set-up fee has been paid or if no set-up is to be paid, the month the service is set active after any trial period has taken place.
      3. In order to guarantee Business’s continuity of service Local Exposure operates a twelve-month rolling agreement. After the initial twelve-month period the agreement simply rolls over to form the basis of a new twelve-month term.
      4. Cessation of service can be effected by giving 30 days’ written notice to cancellations@localexposure.co.uk or via post to Local Exposure Limited, Bridge Court, Bridge Street, long Eaton, Nottingham, NG10 4QQ prior to the end of any current 12-month term.
  4. Google My Business Page Management Service
    1. The Google My Business Service
      1. Local Exposure will claim or help claim your business listing on Google into your own account, subject to you having one set up
      2. Where applicable, Local Exposure will ensure your business is in the correct category using the pre-defined categories
      3. Local Exposure will ensure your map pin is located correctly where possible to do so
      4. Local Exposure will assist with managing your reviews, responding whenever required on your behalf and at your request to do so
      5. Local Exposure will add your imagery into the correct categories using the pre-defined categories
      6. Local Exposure will ensure, where possible, that your listing is up to date with correct contact details and opening times.
    2. Service Fee Payment & Cancellations
      1. Prior to full activation of your service either a set-up fee will be charged or a Direct Debit mandate should be agreed and activated.
      2. The Direct Debit will take the form of monthly/ annual direct debit payments for your service. The Direct Debit will normally begin either the month after the set-up fee has been paid or if no set-up is to be paid, the month the service is set active after any trial period has taken place.
      3. In order to guarantee Business’s continuity of service Local Exposure operates a twelve-month rolling agreement. After the initial twelve-month period the agreement simply rolls over to form the basis of a new twelve-month term.
      4. Cessation of service can be effected by giving 30 days’ written notice to cancellations@localexposure.co.uk or via post to Local Exposure Limited, Bridge Court, Bridge Street, Long Eaton, Nottingham, NG10 4QQ prior to the end of any current 12-month term
  5. Website, Hosting & Maintenance Services
    1. General
      1. Local Exposure will carry out work only where the Business gives consent to do so by either verbal or written instruction.
      2. Local Exposure will carry out work only for Business who are 18 years of age or above. An ‘order’ is deemed to be a written or verbal contract between Local Exposure and the Business, this may include telephone and/or electronic/email agreement.
      3. Whilst every endeavour will be made to ensure that the website and any scripts or programs are free of errors, Local Exposure cannot accept responsibility for any losses incurred due to malfunction of the website, third party services, domain name, email or any part of the service.
      4. The Business agrees to make available as soon as is reasonably possible to Local Exposure all materials required to complete the site to the agreed standard and within the set deadline.
      5. Any additions to briefs provided will be carried out at the discretion of Local Exposure and where no charge is made by Local Exposure for such additions, Local Exposure accept no responsibility to ensure such additions are error free and reserve the right to charge an according amount for any correction to these or further additions.
      6. Local Exposure will not be liable for costs incurred, compensation or loss of earnings due to the failure to meet agreed deadlines.
      7. Local Exposure will not be liable or become involved in any disputes between the Business and their Customers and cannot be held responsible for any wrongdoing on the part of a Business. e.g. Any disputes re content/images that have been provided to us for inclusion on the site.
      8. Local Exposure will not be liable for any costs incurred, compensation or loss of earnings due to the work carried out on behalf of the Business or any of the Business’s appointed agents.
      9. Local Exposure cannot take responsibility for any losses incurred by the use of any software created or set up for the Business. Whilst every care has been taken to ensure products are problem free and accurate, the ultimate responsibility lies with the Business in ensuring that all software is functioning correctly before use.
      10. Where applications, videos or websites are developed on servers not recommended by Local Exposure, the Business is expected to provide or seek any information, additional software support or co-operation pertaining to the server required in order for the application to be correctly developed. Where large applications are to be developed, it is the Business’s responsibility to provide a suitable testing environment which is identical to the final production environment.
      11. Local Exposure reserves the right to refuse to handle in any way, material which may be deemed offensive, illegal or in any way controversial, and also to terminate any hosting services should the necessity arise.
    2. Data Privacy
      1. Local Exposure takes no liability for any Privacy issues such as data breaches, which are not under our direct control. For more information please see – Our Role as a Data Processor.
      2. Local Exposure cannot take responsibility for the Business’s personal responsibility to Data Privacy, such as Opt-in Consent, Cookie Consent, Privacy Policy and Terms & Conditions. For more information please see – Our Role as a Data Processor.
    3. Intellectual Property & Copyright
      1. The website, graphics, video, 360 and any programming code remain the property of Local Exposure unless express written permission is given.
      2. Any scripts, applications or software (unless specifically agreed) written by Local Exposure remain the copyright of Local Exposure and may only be commercially reproduced or resold with the permission of Local Exposure.
      3. Local Exposure cannot take responsibility for any copyright infringements caused by materials submitted by the Business. We reserve the right to refuse any material of a copyrighted nature unless adequate proof is given of permission to use such material.
    4. Testing
      1. The Business is expected to test fully any application or programming relating to a site developed by Local Exposure before being made generally available for use. Where “bugs”, errors or other issues are found after the site is live, Local Exposure will endeavour (but is not obliged to) to correct these issues to meet the standards of function outlined in the brief.
      2. Local Exposure will endeavour to ensure that any developed/designed site or application will function correctly on the server it is initially installed in and that it will function correctly when viewed with the latest up to date browsers from Microsoft Edge, Google Chrome, Mozilla and Safari. Local Exposure can offer no guarantees of correct function with all browser software.
    5. Hosting, Maintenance & Email
      1. Depending on the service level entered into, Local Exposure offers basic amendments to the website inclusive of service cost, however should the amend be deemed outside of ‘basic’ Local Exposure reserves the right to charge a fee.
      2. No guarantees can be made as to the availability or interruption of online services provided by Local Exposure, who cannot accept liability for losses caused by the unavailability, malfunction or interruption of this service, or for loss of turnover, sales, revenue, profits or indirect, consequential or special loss.
      3. Local Exposure retains a backup of messages sent via any webforms. This can be disabled on request.
      4. Local Exposure will not be liable for any costs incurred, compensation or loss of earnings due to the unavailability of the site, its servers, software or any material provided by its agents
    6. SEO & Search Engine Performance
      1. Due to external factors, such as changes to the way search engines rank websites, we cannot offer any guarantees regarding the position we will achieve for websites. The process of optimising websites itself will bring in more traffic and hits and you will see visits increase to your site naturally. We cannot accept liability for any change in rankings, or drop off in the position of your website due to changes in the algorithms of the search engines or the factors that they use to rank websites.
      2. We only use ‘white hat on page techniques’ when optimising websites.
    7. Service Fee Payment & Cancellations
      1. On activation of our website service, a set-up fee will be charged this will then usually be followed by monthly direct debits commencing one calendar month from the agreement start date. Once the set-up fee is received for a website, no refunds can be offered.
      2. Prior to full activation of your service a set-up fee will be charged and a Direct Debit mandate must be agreed and activated.
      3. The Direct Debit will take the form of monthly/annual direct debit payments for your service. The Direct Debit will normally begin either the month after the set-up fee has been paid or if no set-up is to be paid, the month the service is set active after any trial period has taken place.
      4. The agreement for this service is twelve months. At the end of the twelve month period the agreement simply rolls over to form the basis of a new month by month service.
      5. Once the initial 12 months has been completed cessation of the service can be effected by giving 90 days’ written notice to cancellations@localexposure.co.uk or via post to Local Exposure Limited, Bridge Court, Bridge Street, Long Eaton, Nottingham, NG10 4QQ.
  6. All Services
    1. Local Exposure carries comprehensive general liability insurance coverage for Local Exposure’s activities on the Business’ premises. This Agreement is confidential information. Business will not disclose or make this Agreement available to any third party except a). Local Exposure b). as specifically authorised by Local Exposure in writing c). when compelled to do so by law if Business provides reasonable prior notice to Local Exposure.
    2. This Agreement is confidential information. Business will not disclose or make this Agreement available to any third party except a). Local Exposure b). as specifically authorised by Local Exposure in writing c). when compelled to do so by law if Business provides reasonable prior notice to Local Exposure.
    3. No Warranties. IN CONNECTION WITH THIS AGREEMENT, LOCAL EXPOSURE MAKES NO REPRESENTATIONS AND, TO THE MAXIMUM EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE VIDEO, GMB MANAGEMENT WEBSITE, HOSTING, PHOTOGRAPHIC SERVICES OR THE PHOTOGRAPHS, INCLUDING ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. FURTHERMORE, LOCAL EXPOSURE MAKES NO REPRESENTATION OR WARRANTY THAT THE PHOTOGRAPHS OR VIDEOS WILL ULTIMATELY BE DISPLAYED BY GOOGLE OR YOUTUBE.
    4. Limitations on Liability.
      1. EXCEPT FOR BREACHES OF CONFIDENTIALITY, (I) NEITHER PARTY WILL BE LIABLE (UNDER ANY THEORY OR CIRCUMSTANCE) FOR LOST REVENUES OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, AND (II) NEITHER PARTY’S AGGREGATE LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATED TO THIS AGREEMENT WILL EXCEED THE AMOUNT OF THE SERVICE FEE.
      2. GOOGLE’S USE OF THE PHOTOGRAPHS IS GOVERNED SOLELY BY THE GOOGLE TERMS OF SERVICE IN ACCORDANCE WITH SECTION 5 ABOVE. IN NO EVENT WILL GOOGLE BE LIABLE TO EITHER BUSINESS OR LOCAL EXPOSURE (UNDER ANY THEORY OR CIRCUMSTANCE) FOR ANY DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO THIS AGREEMENT.
    5. Modifications. Any modification of this Agreement must be in writing and signed by the Managing Director of Local Exposure as well as the business owner or representative.
    6. Entire Agreement. This Agreement incorporates the entire understanding of the parties relating to its subject and supersedes any prior or contemporaneous agreements on that subject.

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