Last updated: 1 June 2026

 

Please read these Terms & Conditions carefully before engaging our services. By submitting an enquiry or instructing us to proceed with a project, you agree to be bound by these terms.

 

 

1. About Us

 

Presence3D provides 3D virtual tour and visualisation services.

 

Trading name: Presence3D

Registered address: 1st Floor Office, 788 Fishponds Road, Bristol, BS16 3TE

Contact: contact@presence3d.com

Website: presence3d.com

 

 

2. Definitions

 

In these Terms & Conditions:

 

"We", "us", "our" means Presence3D.

"You", "your", "Client" means the individual or business engaging our services.

"Services" means 3D virtual tours, visualisations, and any related deliverables we agree to provide.

"Deliverables" means the finished 3D tours, renders, files, or other outputs produced under an engagement.

"Engagement" means a project or instruction accepted by us.

"Agreement" means these Terms & Conditions together with any written scope of work, proposal, or order confirmation.

 

 

3. Scope of Services

 

We provide 3D virtual tour creation and visualisation services. The specific scope of each engagement will be agreed in writing (by email, proposal, or order confirmation) before work commences. Any variation to the agreed scope must be confirmed in writing by both parties.

 

 

4. Enquiries and No Obligation

 

Our website is an enquiry platform only. No contract is formed by submitting an enquiry form or receiving a quote. A binding engagement is only created when we confirm acceptance of an instruction in writing. We reserve the right to decline any enquiry or instruction without providing reasons.

 

 

5. Fees and Payment

 

5.1 Fees

 

Our fees will be set out in a written proposal or order confirmation for each engagement. All fees are exclusive of VAT unless otherwise stated. VAT will be charged at the applicable rate where required.

 

5.2 Payment Terms

 

Payment terms will be agreed on a per-project basis and set out in the relevant proposal or order confirmation. Unless otherwise agreed in writing:

 

- Invoices are due within 30 days of the invoice date.

- We reserve the right to suspend or withhold delivery of Deliverables until payment is received in full.

- Late payments may be subject to statutory interest under the Late Payment of Commercial Debts (Interest) Act 1998.

 

5.3 Expenses

 

Any expenses agreed in advance (such as travel, access fees, or specialist equipment hire) will be invoiced in addition to our service fees.

 

 

6. Intellectual Property

 

6.1 Our IP

 

Unless otherwise agreed in writing, all intellectual property rights in the Deliverables - including 3D models, renders, virtual tours, software, methods, and underlying technology - are and shall remain owned by Presence3D.

 

6.2 Licence to Client

 

Upon receipt of payment in full, we grant the Client a non-exclusive, non-transferable licence to use the Deliverables for the purpose agreed at the time of engagement. The scope of that licence will be set out in the relevant proposal or order confirmation.

 

6.3 No Resale or Sub-licensing

 

Unless expressly agreed in writing, the Client may not resell, sublicense, assign, modify, or use the Deliverables to create derivative works without our prior written consent.

 

6.4 Bespoke Arrangements

 

Where an engagement involves a bespoke IP arrangement (for example, full assignment of rights to the Client), this will be documented separately in a written agreement signed by both parties. These Terms & Conditions do not constitute such an assignment.

 

6.5 Client Materials

 

Where the Client provides us with materials (such as photos, drawings, or logos) to incorporate into Deliverables, the Client warrants that they have the right to use and supply those materials, and indemnifies us against any third-party claim arising from our use of them.

 

 

7. Accuracy of Deliverables and Representations

 

7.1 Informational Purposes Only

 

All 3D virtual tours and visualisations produced by Presence3D are created for informational, marketing, and illustrative purposes only. They are representations based on the data, specifications, and instructions provided to us at the time of engagement.

 

7.2 No Warranty of Accuracy

 

We make no warranty that any Deliverable accurately represents the current or future state of any property, space, or object. Visualisations are artistic interpretations and may not reflect actual dimensions, colours, materials, finishes, or conditions with complete precision.

 

7.3 Property and Investment Decisions

 

Our Deliverables must not be relied upon as the sole basis for any property purchase, investment decision, construction decision, or financial commitment. Any person considering a transaction in connection with a property featured in our Deliverables should conduct their own independent due diligence and seek appropriate professional advice.

 

We expressly disclaim all liability for any loss, damage, or claim arising from reliance on our Deliverables in connection with a property transaction, including but not limited to any claim that our visualisations constituted false advertising or a misrepresentation of a property's condition, value, or characteristics.

 

7.4 Client Responsibility for Accuracy

 

The accuracy of our Deliverables is dependent on the accuracy of the information, specifications, and instructions provided by the Client. We are not responsible for errors in Deliverables that result from inaccurate, incomplete, or misleading information provided by the Client.

 

 

8. Limitation of Liability

 

8.1 Cap on Liability

 

To the fullest extent permitted by applicable law, our total aggregate liability to you in connection with any engagement - whether in contract, tort (including negligence), breach of statutory duty, or otherwise - shall not exceed the total fees paid or payable by you to us in respect of that specific engagement.

 

8.2 Excluded Losses

 

We shall not be liable for any of the following types of loss, even if we were advised of the possibility of such loss:

 

- Loss of profits or revenue.

- Loss of business or contracts.

- Loss of anticipated savings.

- Loss of goodwill or reputation.

- Any indirect or consequential loss.

- Any loss arising from the use of our Deliverables as a basis for a property purchase, investment, or construction decision.

- Any loss arising from a third party's use of our Deliverables, including any structural, safety, or design decisions made on the basis of our visualisations.

- Any claim by a third party that our Deliverables constituted a misrepresentation or false advertising.

 

8.3 Exceptions

 

Nothing in these Terms excludes or limits our liability for:

 

- Death or personal injury caused by our negligence.

- Fraud or fraudulent misrepresentation.

- Any other liability that cannot be limited or excluded by law.

 

8.4 Consumer Rights

 

If you are a consumer, nothing in these Terms affects your statutory rights under the Consumer Rights Act 2015 or other applicable consumer protection legislation.

 

 

9. Indemnity

 

You agree to indemnify and hold harmless Presence3D, its directors, employees, and contractors from and against any claims, losses, damages, costs, and expenses (including reasonable legal fees) arising out of or in connection with:

 

- Your breach of these Terms & Conditions.

- Your use of our Deliverables in a manner inconsistent with the licence granted or the agreed purpose.

- Any third-party claim arising from materials or instructions you provided to us.

- Any claim arising from your reliance on our Deliverables for a purpose not agreed to in writing.

 

 

10. Confidentiality

 

Each party agrees to keep confidential any information received from the other party that is marked as confidential or that is reasonably apparent to be confidential. Neither party will disclose such information to any third party without prior written consent, except as required by law.

 

 

11. Cancellation and Termination

 

11.1 Cancellation by Client

 

You may cancel an engagement by giving us written notice. Where work has commenced, you will be liable for fees proportionate to the work completed to the date of cancellation, plus any unrecoverable expenses incurred.

 

11.2 Termination by Presence3D

 

We may suspend or terminate an engagement immediately by written notice if:

 

- You fail to pay an invoice by the due date.

 - You breach any material term of this Agreement and fail to remedy the breach within 14 days of written notice.

- You become insolvent or enter into any formal insolvency procedure.

 

11.3 Effect of Termination

 

On termination, all outstanding fees for work completed become immediately due and payable. Any licence granted under Clause 6 is revoked unless full payment has been received.

 

 

12. Data Protection

 

We process personal data in accordance with UK GDPR, the Data Protection Act 2018, and our Privacy Policy at presence3d.com/privacy-policy. By engaging our services, you confirm that any personal data you provide has been collected lawfully.

 

 

13. Third-Party Links

 

Our website may contain links to third-party websites. We have no control over those sites and accept no responsibility for their content or privacy practices.

 

 

14. Force Majeure

 

We shall not be liable for any failure or delay in performing our obligations where this results from circumstances beyond our reasonable control, including acts of God, government restrictions, pandemic, flood, fire, or industrial action.

 

 

15. Complaints

 

If you are unhappy with any aspect of our service, please contact us at contact@presence3d.com or write to our registered address. We will acknowledge your complaint within 5 working days and aim to resolve it within 21 working days.

 

 

16. Governing Law and Jurisdiction

 

These Terms & Conditions are governed by the law of England and Wales. Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising from these Terms.

 

 

17. General

 

17.1 Entire Agreement - These Terms, together with any written proposal or order confirmation, constitute the entire agreement between us for each engagement.

 

17.2 Waiver - A failure to exercise any right under this Agreement shall not constitute a waiver of that right.

 

17.3 Severance - If any provision is found to be unlawful or unenforceable, the remaining provisions continue in full force.

 

17.4 Variation - We may update these Terms at any time. The version in force at the time of each engagement will apply to that engagement.

 

17.5 Assignment - You may not assign your rights under this Agreement without our prior written consent.

 

17.6 Consumer Rights - If you are a consumer, your statutory rights are not affected by these Terms.

 

 

18. Contact

 

Email: contact@presence3d.com

Post: 1st Floor Office, 788 Fishponds Road, Bristol, BS16 3TE

Website: presence3d.com