Terms and Conditions
These terms apply to every quotation we issue and to every contract formed with us, unless we agree otherwise in writing.
Version 1.0 · Issued 7 September 2026
Point Eleven is a trading name of Smudge Engineering Ltd, registered in England and Wales no. 16530983. VAT registration GB 500 3371 49. Registered office: C/O Gardian Accounting Ltd, 4 Imperial Place, Maxwell Road, Borehamwood, Hertfordshire, WD6 1JN. References to we and us below mean that company.
Two clauses matter more than the rest and are worth reading in full before relying on anything we supply: clause 6, on the accuracy of our measurements and what you must do before relying on them, and clause 7, on what we do and do not provide.
1. The quotation
1.1This quotation is based on the information supplied to us and on the areas, access arrangements and scope stated in it. It is valid for the period shown on the front page.
1.2Where a floor or roof area has been estimated rather than measured, the price is provisional and will be confirmed once the actual area is established. Any material change to scope, area or access will be re-quoted before further work proceeds.
2. Acceptance
2.1A contract is formed when you accept this quotation. You may accept it by completing the acceptance form linked from the quotation, by replying to our email confirming acceptance and quoting the reference, or by returning a signed copy. Any of these has the same effect as a signature.
2.2These terms apply to that contract and prevail over any terms you put forward, unless we agree otherwise in writing.
3. Fees and payment
3.1Invoices are payable within 7 days of the invoice date. Time for payment is of the essence.
3.2All prices are exclusive of VAT, which is charged at the prevailing rate.
3.3We may charge interest and compensation on overdue sums under the Late Payment of Commercial Debts (Interest) Act 1998. We may also suspend work, and withhold deliverables and hosting, while any sum is overdue.
3.4Payment must be made in full without set-off, counterclaim or deduction.
4. Your obligations
4.1You must provide safe, lawful and unobstructed access to the site at the agreed time, together with any permits, escorts, keys, inductions or power we reasonably need.
4.2You must tell us in advance of any hazard, restricted area, live process or security requirement affecting the capture.
4.3Areas must be reasonably clear and presentable. We capture the site as we find it.
4.4If we cannot begin or complete work through no fault of ours, we may charge for the wasted visit at the rates in this quotation, and for any additional visit required.
5. Cancellation and postponement
5.1Cancellation or postponement with more than five working days’ notice is free of charge. Within five working days we may charge 50% of the capture fee, and within one working day the full capture fee, to cover the reserved time.
6. Measurements, accuracy and reliance
6.1Capture is carried out with a Matterport Pro 3, whose LiDAR is specified by the manufacturer as accurate to ±20 mm at 10 m. Accuracy varies with range, surface, reflectivity and site conditions, and reduces at longer distances.
6.2Every measurement, area, floor plan, point cloud, CAD file and model we supply is derived from that capture and carries the same tolerance. Figures are indicative.
6.3All dimensions must be verified on site by a competent person before they are relied upon. Do not use our output as the sole basis for fabrication, procurement of made-to-measure items, structural design, setting out, statutory compliance, or any other tolerance-critical purpose.
6.4We accept no liability for loss arising from reliance on an unverified measurement.
7. Scope of service
7.1We capture and document. We do not provide a professional surveying opinion.
7.2Point Eleven is not a firm of chartered surveyors. We do not produce structural assessments, specifications, valuations, condition gradings for lending purposes, or professional certification, and nothing we supply should be relied on as any of those.
7.3Aerial work is an inspection, not a survey. It records what is visible from the air on the day.
8. Aerial operations
8.1Flights are conducted under Civil Aviation Authority rules by a pilot holding an A2 Certificate of Competency, with the operator and flyer registrations required for commercial operation.
8.2Flights depend on weather, airspace permissions, and safe conditions on the day. We may postpone or abandon a flight on safety or regulatory grounds at any time, and will reschedule at no additional capture fee where the cause is outside both parties’ control.
8.3Some locations cannot lawfully be flown without permissions we do not hold. Where that is the case we will tell you before quoting.
9. Deliverables, hosting and intellectual property
9.1Hosting is included for the period stated in this quotation, running from delivery. Continued hosting is charged annually in advance. If hosting is not renewed the twin will be taken offline, and we will give you reasonable notice before that happens.
9.2We retain copyright and all other intellectual property in the captured data and in everything we produce from it. On payment in full you receive a perpetual, non-exclusive licence to use the deliverables for your own business purposes, including sharing them with your professional advisers, contractors and tenants.
9.3You may not resell the deliverables, or licence them to a third party as a product, without our written agreement.
9.4We may use anonymised imagery of the completed work as a portfolio example unless you tell us in writing not to.
10. People, security and data protection
10.1Capture may incidentally record people, personal property and information on display. You are responsible for notifying occupants and staff in advance, and for obtaining any consent required.
10.2Tell us before the visit about any area, document or asset that must not be captured. We will blur or remove identifiable individuals or sensitive content on request, at reasonable cost where the work is substantial.
10.3Each party will comply with applicable data protection law in respect of personal data processed in connection with the work.
11. Confidentiality
11.1Each party will keep the other’s confidential information confidential, and use it only for the purposes of the contract. This does not apply to information that is public through no breach, or that must be disclosed by law.
12. Insurance
12.1We maintain public liability insurance appropriate to the work, currently £5 million, professional indemnity insurance of £1 million, and the insurance required for commercial aerial operation. Certificates are supplied on request.
13. Liability
13.1Nothing in these terms limits or excludes our liability for death or personal injury caused by our negligence, for fraud or fraudulent misrepresentation, or for anything else that cannot lawfully be limited.
13.2Subject to that, our total liability in connection with the contract, whether in contract, tort including negligence, breach of statutory duty or otherwise, is limited in aggregate to 200% of the total charges payable under it.
13.3We are not liable for loss of profit, loss of business, loss of anticipated savings, loss of contract, loss of goodwill, or for any indirect or consequential loss, however arising.
13.4We are not liable for defects, damage or conditions that were not visible at the time of capture, nor for anything concealed, inaccessible or outside the areas captured.
14. Events outside our control
14.1Neither party is liable for failure or delay caused by events beyond its reasonable control, including severe weather, airspace restriction, site closure, or loss of access. Where such an event prevents capture, we will reschedule.
15. General
15.1This quotation and these terms are the entire agreement between us and supersede any earlier discussion or representation.
15.2A delay in enforcing a term is not a waiver of it. If any provision is found unenforceable, the rest continues in force.
15.3A person who is not a party to the contract has no rights under it.
15.4The contract is governed by the law of England and Wales, and the courts of England and Wales have exclusive jurisdiction.