Terms and Conditions

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1. Background
   1. This Agreement is between Local Exposure Limited (“Local Exposure,” “we,” “us,” “our”) and you, the business contracting our services (“Business,” “you,” “your”).
   2. This document contains the complete agreement between Local Exposure and the Business, replacing any previous agreements.
   3. Any changes to this agreement must be in writing, attached, dated, and signed by both the Business and Local Exposure when the contract is accepted.
2. Website, Hosting & Maintenance Services
   1. General
      1. We will only carry out work when you give us consent, either verbally or in writing (including email).
      2. We only work with Businesses where the contracting person is 18 years of age or older. An ‘order’ is considered a binding contract (verbal or written) between us and you.
      3. We strive to ensure websites, scripts, or programs are error-free. However, we are not responsible for any losses caused by malfunctions of the website, third-party services, domain names, email, or any part of the service.
      4. You agree to provide us with all necessary materials (like text and images) promptly so we can complete the website to the agreed standard and deadline.
      5. Any work requested beyond the original agreed plan (brief) will be done at our discretion. If we don’t charge for these additions, we are not responsible for ensuring they are error-free and may charge for corrections or further additions later.
      6. We are not liable for costs, compensation, or lost earnings if we fail to meet agreed deadlines.
      7. We will not get involved in disputes between you and your customers.
      8. We are not liable for any costs, compensation, or lost earnings due to work carried out for you or your appointed agents.
      9. We are not responsible for losses incurred from using any software we create or set up for you. You are ultimately responsible for ensuring all software functions correctly before use.
      10. If websites or applications are developed on servers not recommended by us, you must provide any necessary information, software support, or cooperation for the development. For large applications, you must provide a suitable testing environment identical to the final production environment.
      11. We reserve the right to refuse to handle any material we deem offensive, illegal, or controversial. We may also terminate hosting services if necessary.
   2. Data Privacy
      1. We are not liable for privacy issues like data breaches that are outside our direct control.
      2. We are not responsible for your compliance with data privacy laws (e.g., obtaining opt-in consent, cookie consent, having a privacy policy and terms & conditions).
      3. GDPR Compliance:
         1. Both parties must comply with GDPR.
         2. You are responsible for obtaining necessary consents from data subjects (your users/customers).
         3. Data processing agreements are available upon request.
         4. We will notify you of any data breach within 72 hours.
   3. Intellectual Property & Copyright
      1. Unless we give express written permission, the website design, graphics, video, 360 tours, and programming code remain our property.
      2. Any scripts, applications, or software written by us remain our copyright and cannot be commercially reproduced or resold without our permission.
      3. We are not responsible for copyright infringements caused by materials you submit. We reserve the right to refuse copyrighted material unless you provide adequate proof of permission.
   4. Testing
      1. You are expected to fully test any application or programming developed by us before making it publicly available. If bugs or errors are found after the site goes live, we will try (but are not obligated) to correct them to meet the standards outlined in the original brief.
      2. We aim to ensure any developed site or application functions correctly on the server it’s initially installed on and displays correctly in the latest versions of major browsers (Microsoft Edge, Google Chrome, Mozilla Firefox, Safari). We cannot guarantee correct function in all browser software.
   5. Hosting, Maintenance & Email
      1. Depending on your service level, basic website amendments may be included in the cost. We reserve the right to charge a fee for amendments deemed beyond ‘basic’.
      2. We cannot guarantee the availability or interruption of our online services and are not liable for losses caused by unavailability, malfunction, or interruption, including loss of turnover, sales, revenue, profits, or indirect/consequential losses.
      3. We keep a backup of messages sent via website forms. You can request this to be disabled.
      4. We are not liable for costs, compensation, or lost earnings due to the unavailability of the site, its servers, software, or any materials provided by its agents.
3. 360-Degree Photography & Virtual Tour Service
   1. Service and Program Context: Local Exposure provides professional 360-degree photography and virtual tour creation services for publication on platforms including Google Maps. The Client acknowledges that Google’s “Street View Trusted” program, including the associated badge and branding, has been officially retired by Google. As such, Local Exposure no longer operates as a “Trusted Agency” or “Trusted Photographer” under this retired program but continues to provide high-quality imagery for publication using its extensive experience. Existing imagery published under the former program will remain live on Google Maps as per Google’s policy.
   2. Services and Ownership of Photographs: In return for the Service Fee:
      1. We will take photographs (“Photographs”) and/or create virtual tours of the parts of your Business premises you designate for publication.
      2. The services may include, but are not limited to, standalone 360-degree photo spheres, connected virtual tours, and tours created using platforms such as Matterport.
      3. We will use reasonable commercial efforts to ensure all Photographs and tours meet the prevailing technical specifications for publication on Google platforms.
      4. The Photographs and the copyright therein remain the property of Local Exposure. We grant you a non-exclusive, perpetual license to use the delivered Photographs for your own marketing purposes, including on your website and social media, for the duration of this agreement and beyond, subject to the other terms herein.
      5. We will upload the Photographs and/or virtual tours to Google for their use in accordance with their standard terms (see Section 3.3 below).
   3. Terms for Uploading, Processing, and Use of Photographs on Google Platforms:
      1. Google Terms: You agree and acknowledge that Google’s use of the Photographs is governed by Google’s applicable terms of service, which may be found at www.google.com/intl/en-GB/policies/terms or other such URLs as Google may provide from time to time.
      2. Authorisation: You authorise Local Exposure to act as your agent to upload the Photographs to Google on your behalf and to agree to Google’s terms of service on your behalf for the licensing and publication of this content.
      3. License to Us: You grant Local Exposure a non-exclusive license to use a reasonable number of the Photographs as samples or portfolio pieces to showcase our work and for the marketing of our services.
4. Business Video Service
   1. Video Delivery: We will provide the video via a YouTube link where it will be hosted.
   2. Creative Decisions: Unless agreed otherwise, you accept our creative decisions regarding the video.
   3. Copyright: Unless stated otherwise in writing, we retain copyright in all original material created (video recordings, graphics, soundtracks, artwork).
   4. Usage Rights (Our Use): We retain the right to use the original and edited video material as we see fit (e.g., for our portfolio).
   5. Additional Work: We reserve the right to charge for extra work requested after you have approved the initial video.
5. Content Generation Service
   1. AI-Generated Content Service:
      1. We provide AI-powered content creation, including (but not limited to) blog posts, articles, social media content, website copy, marketing materials, and product descriptions.
   2. Content Review and Approval:
      1. You must review all generated content within 48 hours.
      2. Content published after this period is considered approved by you.
      3. You are responsible for the accuracy and legal/regulatory compliance of the content.
      4. Revision requests must be specific and clear.
   3. Service Limitations:
      1. We do not guarantee that AI-generated content will be completely unique or original.
      2. We do not guarantee specific search engine rankings or performance results from the content.
      3. Content quality is subject to the capabilities of the AI tools used.
      4. You are responsible for ensuring the content complies with any industry-specific regulations.
   4. Usage Rights:
      1. You are granted full rights to use the content once you have approved it.
      2. We retain rights to the underlying AI models and processes used.
      3. You are responsible for the accuracy of the content after it has been published.
6. Google Business Profile Management Service
   1. Account Access Requirements:
      1. You must provide us with the necessary login details for your Google Business Profile.
      2. Access must be maintained throughout the service period.
      3. You must notify us of any changes to access details.
      4. Service interruptions due to lack of access do not affect your payment obligations.
   2. Core Services: Include profile optimisation/setup, category management, location verification, review management/responses, image organisation, and information updates.
   3. Additional Management Services: May include post creation/scheduling, review monitoring/response, photo updates/optimisation, performance tracking, competitor monitoring, and local SEO optimisation.
7. SEO & Search Engine Performance
   1. Performance Limitations:
      1. Due to factors outside our control (like search engine algorithm changes), we cannot guarantee specific website rankings. Our optimisation process aims to increase traffic naturally. We are not liable for ranking changes caused by search engine updates.
      2. We only use ethical ‘white hat’ on-page optimisation techniques.
8. Content Boost Service
   1. Service Description: We provide AI-powered content creation including blog articles, product descriptions, social media content, website copy, marketing materials, and industry-specific content.
   2. Content Generation and Review:
      1. Process: Topics agreed with you; AI generates initial drafts; basic editing/formatting by us; submitted to you for review; published upon approval.
      2. Review: You must review within 48 hours; content deemed approved if no feedback; one round of revisions included; additional revisions charged separately.
   3. Client Responsibilities: You are responsible for reviewing content accuracy, ensuring industry compliance, verifying facts, approving final content, and monitoring published content.
   4. Service Limitations:
      1. We provide no guarantees regarding search engine rankings, content uniqueness, competitive performance, traffic generation, or conversion rates.
      2. Ownership: You get full usage rights to approved content; we retain rights to our process/methodology; third-party rights (e.g., stock images) remain with their owners.
   5. Quality Assurance: We will use appropriate AI tools, apply basic editing, check readability, ensure proper formatting, and monitor content quality.
9. SocialBoost Content Service
   1. Scope of Services: The Company agrees to provide you with a social media content creation and management service (“SocialBoost Service”). Unless otherwise agreed in the Proposal, the service includes the creation and publication of two (2) bespoke social media posts per week on the platforms agreed upon (e.g., Facebook, Instagram, LinkedIn, Google Business Profile). All content will be designed to align with your brand and enhanced with high-quality imagery.
   2. Client Obligations: You shall provide timely access to all relevant social media accounts and provide necessary brand assets (logos, guidelines, etc.). You are responsible for the timely review and approval of content drafts and for the factual accuracy of all information provided to the Company.
10. Email Marketing Setup & Support Service
    1. Scope of Services: The Company agrees to provide an email and SMS marketing setup and support service (“Email Marketing Service”) utilising the Brevo third-party platform. This includes account setup, domain authentication, support with data management, and the design and deployment of email/SMS campaigns and automations as agreed.
    2. Client Obligations: You shall provide timely access to necessary accounts (e.g., domain registrar) and are solely responsible for providing all contact data. You warrant that all contact data has been obtained lawfully, in full compliance with UK GDPR, and that you hold all necessary consents to send marketing communications to every contact provided.
    3. Third-Party Platforms (Brevo): You acknowledge the service is dependent on the Brevo platform and you agree to be bound by its terms of service. The Company is not liable for service interruptions or issues originating from the Brevo platform. Fees charged by Brevo are separate from the Company’s service fees.
11. Image Rights and Licensing
    1. Our Images: Images provided by Local Exposure remain our intellectual property.
    2. Your Images: Images provided by you remain your intellectual property. You confirm you have the necessary rights to use any images you provide and protect us against any claims related to them. You retain full ownership.
    3. Third-Party Licensed Images (e.g., Shutterstock):
       1. Images licensed through third parties like Shutterstock are subject to their terms (e.g., www.shutterstock.com/terms).
       2. Shutterstock licenses remain valid after our agreement ends, but only for the uses already approved during our project.
       3. Any new uses of Shutterstock images after our agreement ends require you to obtain a license directly from Shutterstock.
       4. Reproduction limits may apply (e.g., max 500,000 copies per Shutterstock terms).
    4. After Termination:
       1. You may continue using deliverables already approved during our agreement that contain any type of image.
       2. New uses of Shutterstock images require direct licensing.
       3. You retain rights to images you provided.
       4. Our proprietary images must be removed unless you obtain a separate license from us.
12. Service Fee Payment & Cancellations
    1. Payment Terms:
       1. Before your service starts, either a set-up fee must be paid, or a Direct Debit mandate agreed and activated.
       2. Payments are typically made via monthly or annual Direct Debit. This usually starts the month after the set-up fee is paid, or (if no set-up fee) the month the service becomes active after any trial period.
       3. Each Service shall be for an initial minimum term of twelve (12) months, commencing from the Service start date as defined in the Proposal (“Initial Term”).
       4. Upon completion of the Initial Term, the agreement for the specific Service shall automatically renew and continue on a month-by-month rolling basis.
       5. Following the completion of the Initial Term, either party may terminate the Service by providing a minimum of ninety (90) days’ written notice. Notice must be sent to cancellations@localexposure.co.uk or by post to Local Exposure Limited, Bridge Court, Bridge Street, Long Eaton, Nottingham, NG10 4QQ.
13. All Services
    1. Insurance and Confidentiality:
       1. We carry comprehensive general liability insurance for our activities on your premises.
       2. This Agreement is confidential. You will not disclose it to any third party except: (a) Local Exposure, (b) as authorised by us in writing, or (c) if required by law (provided you give us reasonable prior notice).
    2. Warranties and Liability:
       1. No Warranties: TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE MAKE NO PROMISES OR GUARANTEES (EXPRESS OR IMPLIED) REGARDING OUR SERVICES (VIDEO, GMB MANAGEMENT, WEBSITE, HOSTING, PHOTOGRAPHY) OR THE PHOTOGRAPHS, INCLUDING THEIR SUITABILITY FOR A PARTICULAR PURPOSE. WE ALSO DO NOT GUARANTEE THAT PHOTOGRAPHS OR VIDEOS WILL BE DISPLAYED BY GOOGLE OR YOUTUBE.
       2. Limitations on Liability:
          1. EXCEPT FOR BREACHES OF CONFIDENTIALITY, NEITHER PARTY WILL BE LIABLE FOR LOST REVENUE OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES. NEITHER PARTY’S TOTAL LIABILITY FOR ANY CLAIM RELATED TO THIS AGREEMENT WILL EXCEED THE SERVICE FEE PAID.
          2. GOOGLE’S USE OF PHOTOGRAPHS IS GOVERNED SOLELY BY THEIR TERMS (SEE SECTION 3.3.1). GOOGLE WILL NOT BE LIABLE TO EITHER YOU OR US FOR ANY DAMAGES RELATED TO THIS AGREEMENT.
    3. Platform Access and Service Delivery:
       1. You must provide and maintain necessary access to platforms like Google Business Profile, social media accounts, website admin areas, etc.
       2. Service delivery depends on this access. No refunds will be given for periods where we lack access. Charges continue during access interruptions. You are responsible for restoring access promptly.
    4. Modifications: Any changes to this Agreement must be in writing and signed by the Managing Director of Local Exposure and your authorised representative.
    5. Entire Agreement: This Agreement contains the entire understanding between us and replaces any previous agreements on this subject.