Terms
Terms and Conditions
1. Nature of Service Provided
Hanno Koch trades as ‘Latitude Cartography’ and provides Cartographic services, topographic mapping, GIS services, Airphoto Interpretation and related training services. He is wholly independent of any other profession or organisation.
2. Client’s Authority
Hanno Koch will act on the written instructions either given by a Client or any employee, agent, representative or other person who appears to have the authority to represent the Client. The Client must notify Hanno Koch in writing if any person is not authorised to give instructions on the Client’s behalf.
3. Limit of Liability
Hanno Koch will use his 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, Hanno Koch 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 from the client, directly or via remote access.
Because the produced maps and supporting GIS services are based on either client supplied data or data derived from third party data (e.g. aerialphotography, maps) and because these products and services rely on third party software (e.g. Microsoft, GIS software etc.) we make no representation or warranty of any kind or assume 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 produced by Hanno Koch.
No rights can be claimed from the produced maps, map data or GIS functionality/tools
It is the responsibility of the Client to adhere to copyright terms and licence agreements of purchased software or map data bought by Hanno Koch on behalf of the Client.
Please note: a map is a generalised interpretation from what in reality can be found on the ground regardless of the maps intended scale or accuracy; maps are not an identical reduced graphic copy of reality.
4. Copyright
Hanno Koch is obliged not to compromise third party copyright.
With regards to topographic maps produced by Hanno Koch:
· All produced topographic base map data; copyright Latitude Cartography. Copyrights must be shown in a footnote. The supplied topographic map data is exchanged as a non-transferable perpetual license for its agreed or stated use and may not be used in retail without consent.
· The supplied datamay not be transferred to or incorporated into Open Source aps or used by othermap 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 Hanno Koch, the Client will be liable to indemnify Hanno Koch to the full extent of such an order.
6. Relationship with other Specialists, e.g. Lawyers, Advocates and Advisers or Technicians
Where Hanno Koch recommends to the Client that an adviser in a specialised field should be instructed, or where Hanno Koch is required to work with such a specialist, the Client shall be responsible for paying the specialist’s fees and expenses. Hanno Koch shall have no liability for the acts or omissions of the specialist or for the specialist’s fees.
7. Fees Expenses
Fees and expenses are chargeable in accordance with the standard fee and expense rate 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 expense rates will be notified to the Client in accordance with clause 12 hereof. 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. Hanno Koch shall be entitled to render an interim invoice whenever work in progress and expenses exceed £500.00 or every months 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 Hanno Koch 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 to be carried by client.
9. Payments on Account
Hanno Koch shall been titled to request payment on account of his fees and expenses in advance of carrying out any work and to decline to carry out the engagement until he holds cleared funds. Hanno Koch 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 Hanno Koch or the Client may terminate the engagement upon giving the other 14 days notice in writing. The engagement will terminate upon the expiry of such notice. The engagement will also terminate upon the completion of the engagement. However, where the Client instructs Hanno Koch on a further matter, these terms shall apply unless new terms are issued. Upon termination, the Client will pay Hanno Koch’s fees to the date of termination together with any expenses, including expenses for which Hanno Koch may be liable but which arise after the date of termination.
11. Retention of Papers
Hanno Koch shall be entitled to retain any of the Client’s papers and photography until all fees,expenses and interest have been settled in full. Clients must request the return of any papers within six months of the completion of a matter. Papers may be destroyed after one year from the completion of a matter.
12. Variation
These terms may be varied by Hanno Koch giving to the Client 14 days prior notice in writing.
13. Standard and Duty of Care
Hanno Koch owes 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. He will not knowingly mislead or introduce errors in his work.
Any disputes or claims shall be governed by and construed in accordance with the law of the United Kingdom.
January 1th2024
