Terms and Conditions
1. DEFINITIONS
1.1 “Company” refers to BIM 3D Scanning Services (Pty) Ltd.
1.2 “Services” refers to 3D scanning, virtual tours, and any related services, including but not limited to as-built documentation, floor plans, and architectural services.
1.3 “Client” refers to any individual, company, or entity that engages the Company for Services.
1.4 “Deliverables” refers to the final output, including virtual tours, 3D models, and related documentation provided by the Company.
1.5 “Agreement” refers to this document and any accompanying proposals, quotations, or service agreements.
2. GENERAL TERMS
2.1 These Terms and Conditions (“T&Cs”) govern all services and pricing provided by BIM 3D Scanning Services.
2.2 By engaging the Company’s services, the Client agrees to these T&Cs in full.
2.3 The Company reserves the right to update these T&Cs at any time without prior notice. Updated versions will be posted on the Company’s website and will apply to all transactions thereafter.
3. SERVICES
3.1 The Company offers 3D scanning, virtual tours, 3D modelling, as-built documentation, and other related services using Matterport technology.
3.2 All services are provided on a best-effort basis. While every effort is made to ensure accuracy, the Company is not liable for errors resulting from:
• Client-provided inaccurate or incomplete information.
• Environmental conditions affecting the scanning process (e.g., poor lighting, reflective surfaces, or access limitations).
3.3 Clients are responsible for ensuring the property is prepared for scanning (e.g., tidy and accessible).
3.4 Upon acceptance of a quotation, the Client shall ensure that the site is fully accessible, safe, and prepared for scanning on the agreed date(s).
3.5 The Client warrants that the site is safe, accessible, and suitable for scanning. The Company shall not be liable for any delays, additional costs, or incomplete data resulting from site conditions, obstructions, unsafe environments, or restricted access.
4. PRICING
4.1 Prices are subject to change without notice and may vary based on:
• Property size or complexity.
• Unique property features requiring additional time or resources.
• Locations outside of Somerset West may incur additional travel charges.
4.2 Estimates provided before booking are subject to review and adjustment after an on-site assessment or further discussions with the Client.
5. PAYMENT TERMS
5.1 A 50% deposit is required to secure a booking. This deposit constitutes a booking fee to reserve time, resources, and scheduling. The remaining balance is due within 7 days after service completion or upon delivery of results, whichever occurs first.
5.2 Late payments may incur interest at a rate of 7% per month.
5.3 All payments must be made via EFT to BIM 3D Scanning Services (Pty) Ltd.’s bank account.
6. CANCELLATIONS, RESCHEDULING AND CLIENT-INDUCED DELAYS
6.1 In terms of the Consumer Protection Act, clients may cancel any booking, subject to a reasonable cancellation fee.
6.2 The cancellation fee will be determined based on the circumstances, including time of cancellation and costs incurred. As a guideline:
• Should the Client cancel more than 14 (fourteen) days prior to the scheduled service date, the deposit will be refunded in full.
• Should the Client cancel between 14 (fourteen) and 7 (seven) days prior to the scheduled service date, 50% of the deposit will be refunded.
• Should the Client cancel within 7 (seven) days of the scheduled service date, the full deposit shall be forfeited and will not be refunded.
6.3 The Client acknowledges that the above cancellation terms are fair and reasonable and account for loss of opportunity, administrative costs, and resource allocation.
6.4 Rescheduling requests will be accommodated at the sole discretion of the Company and may incur additional charges.
6.5 Any delay, postponement, restricted access, or failure to proceed caused by the Client shall constitute a Client-induced delay. In the event of a Client-induced delay:
• The Company shall be entitled to charge for all standing time, lost productivity, travel, and resource allocation.
• If the Company is required to wait on-site due to the Client’s unpreparedness, restricted access, or delays, such time shall be charged at the Company’s standard hourly or daily rates.
• Where the Company is unable to proceed on site, full day rates and associated costs shall be payable.
• Any re-mobilisation, additional visits, or extended attendance shall be charged at prevailing rates.
6.6 The Company reserves the right to refuse or suspend Services if the site is deemed unsafe, inaccessible, or unsuitable. In such cases, any costs incurred shall remain payable by the Client.
6.7 The Client acknowledges that the Company operates on a fixed forward programme and undertakes work for multiple clients. The Company shall not be obliged to alter, delay, or reschedule other confirmed appointments due to any delay caused by the Client.
6.8 Should a Client-induced delay result in the loss of the allocated booking slot, the Services shall be rescheduled at the next available date as determined by the Company, which may materially extend the project timeline.
6.9 All risks, costs, and consequences arising from such delays and rescheduling shall be borne solely by the Client.
6.10 The Client acknowledges that time is of the essence and that the Company operates on a fixed forward booking schedule.
6.11 The Company shall not be obliged, under any circumstances, to adjust, delay, or rearrange its commitments to other clients due to any delay, act, or omission by the Client.
6.12 Any failure by the Client to provide access, readiness, information, or approvals required to perform the Services shall constitute a material breach of programme obligations.
6.13 In such event, the Company shall be entitled, without prejudice to any other rights, to:
• Reallocate the scheduled time slot to other work.
• Suspend performance until such time as the Client is ready.
• Reschedule the Services at the next available date at the Company’s discretion.
6.14 The Client expressly agrees that any delay caused by them may result in extended project timelines and accepts that such delay shall not give rise to any claim against the Company.
6.15 Under no circumstances shall the Company be liable for any loss of income, penalties, contractor claims, or consequential damages arising from the reallocation of resources or rescheduling due to Client delays.
7. LIABILITY
7.1 To the maximum extent permitted by law, the Company’s total liability arising from any claim, whether in contract, delict, or otherwise, shall be limited to the total amount paid by the Client for the Services. The Company shall not be liable for any indirect, consequential, or special damages, including but not limited to loss of profits, loss of business, or project delays.
7.2 The Company is not responsible for any:
• Damage to property resulting from the Client’s failure to prepare the space adequately.
• Delays caused by factors beyond the Company’s control (e.g., extreme weather, access restrictions, or equipment failure).
7.3 The Client acknowledges that 3D scans and virtual tours may not reflect changes or conditions present after the service date.
7.4 The Company shall not be liable for any direct, indirect, or consequential loss, damages, penalties, or claims arising from delays caused by the Client or any third party under the Client’s control.
8. INTELLECTUAL PROPERTY
8.1 The Company retains all rights to the scanned data and deliverables unless otherwise agreed upon in writing.
8.2 Clients are granted a limited license to use the deliverables for their intended purpose only.
8.3 Any hosting of 3D models or virtual tours is subject to third-party platform terms (including Matterport). The Company does not guarantee indefinite hosting unless agreed in writing. Ongoing hosting fees may apply.
9. CONFIDENTIALITY
9.1 The Company will maintain the confidentiality of any sensitive information provided by the Client and will handle data in accordance with the Protection of Personal Information Act (POPIA).
9.2 The Client consents to the Company using anonymized scans or images for marketing purposes unless explicitly stated otherwise.
10. TURNAROUND TIME
10.1 The standard turnaround time for 3D scanning services is a maximum of 21 working days from the date of the scans' completion, depending on the complexity and size of the project.
10.2 For editing, additional services, or custom requests, the turnaround time will be determined based on what is mutually agreed upon in writing between the Company and the Client. This timeline will depend on the specific requirements and complexity of the project.
10.3 The Company will make every reasonable effort to deliver within the specified timeframes but is not liable for delays caused by unforeseen circumstances, including but not limited to client delays, site inaccessibility, additional revisions, technical issues, or factors beyond the Company’s control.
10.4 All timelines are subject to what is deemed fit and fair for the nature of the project. The Company will communicate promptly regarding any potential delays or changes to agreed-upon schedules.
10.5 Any Client-induced delays shall automatically extend the agreed project timeline. The Client shall have no claim against the Company for any delay in delivery arising from such circumstances.
11. TERMINATION
11.1 Either party may terminate the Agreement with written notice.
11.2 The Client will remain liable for work completed up to the date of termination.
12. DISPUTE RESOLUTION AND GOVERNING LAW
12.1 In the event of a dispute, the parties agree to first attempt resolution through mediation.
12.2 These T&Cs are governed by the laws of the Republic of South Africa. Any disputes shall be subject to the jurisdiction of the courts located in or around Somerset West, Western Cape, South Africa.
13. FORCE MAJEURE
13.1 The Company shall not be liable for any failure or delay in performing its obligations due to circumstances beyond its reasonable control, including but not limited to acts of God, government actions, labour disputes, load shedding, equipment failure, or supplier disruptions.
14. ACCEPTANCE
14.1 By booking services, the Client confirms acceptance of these T&Cs.
14.2 This document constitutes the entire agreement between the parties. No verbal agreements or representations shall be binding unless confirmed in writing.
CONTACT INFORMATION:
For questions regarding these T&Cs, please contact BIM 3D Scanning Services at:
BIM 3D Scanning Services Pty (Ltd)
+27 68 780 8342
Info@BIM3D.Africa
www.BIM3D.Africa