Terms
1. INTRODUCTION1.1 The following terms and conditions set out the basis on which Fugro Aperio Limited, formerly Aperio Ltd, ("We", "Us", "Our"), is prepared to supply data relating to road / pavement construction ("Construction Data") from analysis of Ground Penetrating Radar (GPR) Data ("GPR Data") via our REVEAL construction database and other services as advertised from time to time, ("the Services"), to the purchaser, ("You", "Your"), via Our website at www.revealdatabase.com ("the Site").
1.2 We reserve the right to amend these terms and conditions at our discretion from time to time. Any such amendments shall come into force 30 days after they have first been posted on the Site.
1.3 These terms and conditions and the contents of any Order submitted by You comprise the whole agreement between You and Us in relation to each Order that We accept from You to the exclusion of all other terms.
1.4 By browsing the Site, creating an Account or submitting an Order You agree to be bound by these terms and conditions.
1.5 By submitting any Order You acknowledge that You have not relied on any statement, warranty or representation other than those which are made in these terms and conditions.
1.6 We do our best to ensure all information on the Site is accurate but We reserve the right to update and change the contents of the Site at any time. All information on the Site is provided "as is" and you should independently verify any information before relying upon it.
2. THE SERVICE2.1 In consideration of Your payment of the price for the Services, We shall provide the Services in accordance with the following scheme:
2.1.1 using the tools made available to You on the Site, (the use of which is entirely at your own risk), You shall use the data search facility to select the GPR Data You require and complete the form entitled ‘Request Data Collection’ with the required further details of the Services You require. The submitted form and requested data shall be submitted to us together as Your request ("Request")
2.1.2 upon receipt of each Request We shall check its contents for compliance with Our published standards and Our capacity to fulfil it. We shall then notify You to confirm Your Request and, to notify You of Our Quote setting out the price payable excluding VAT and the applicable payment terms ("Quote");
2.1.3 Before commencing work we require a written Order that provides the contact details of the person responsible for payment and clearly indicates what procedures need to be followed to obtain payment. Additional charges may be made if these procedures are unreasonable.
2.1.4 We shall notify You when Your Order has been completed and the results are available for download from the Site if appropriate, or we shall dispatch Your results to You at the address specified by You on the Requested Data Collection Form;
2.2 Each Request submitted by You shall be subject to acceptance by Us in the submission of Our Quote and such acceptance may be withheld at Our absolute discretion. For the avoidance of doubt, unless otherwise agreed in writing, Quotes shall remain valid for three months from the date of issue and the acceptance of Our Quote by You forms a contract between Us and You. Before commencing work We require the Order to clearly indicate who is responsible for payment to include the contact details of the recipient of the invoice.
2.3 You may cancel any Request prior to notification of Your Order to Us and We shall immediately refund any advance payment You have made in respect of that Order. However, You may not cancel any Order after notification of it to Us as the provision of the Services in respect of that Order will have commenced.
2.4 Delivery times shown on the Site or specified in Our Quote or Order are estimates only. We shall not be liable for delays in delivery of the Service caused by matters outside Our control.
2.5 All standard prices listed on the Site are subject to change without prior notice to reflect any increase in the cost to Us. We shall use reasonable endeavours to draw your attention to any such increase in price before Your next Order.
3. PRICING POLICY3.1 In order to make the REVEAL service as cost effective as possible charging is based on three bands. These bands are a function of the complexity of the network and pavement construction as described below:
3.1.1 Network complexity: If the road network is relatively simple with long sections, clear relocation nodes etc then the processes of relocating the data to the network and reporting are relatively easy and quick and therefore cheaper. If, on the other hand, the network is more complex with short sections, unclear relocation nodes, complex road layouts etc then the processes of relocating the data to the network and reporting are more complex and time consuming and therefore costly.
3.1.2 Pavement construction: If the pavement construction is relatively simple such as new construction or evolved roads where maintenance has generally been carried out in large uniform units the interpretation is relatively easy and quick and therefore cheaper. If, on the other hand, the construction is more complex with numerous small patches, reinstatements and areas of deterioration then the process of interpreting the GPR data is more complex and time consuming and therefore costly.
3.2 These two considerations are combined in various ways to result in the Bands described below. It should be noted that the relationship between the REVEAL charging Band and the road category can not be exactly matched because road authorities tend to use different categorisation systems for their networks. Examples of typical road categories are, however, given for guidance purposes.
| Road Category | Charge Band* | Description |
| eg Trunk | 1 | Band 1 typically comprises trunk roads where both the network and road construction are simple. This makes relocation, processing and interpretation of the data simple and therefore more cost effective. |
| eg Rural | 2 | Band 2 typically comprises rural roads where the network is simple but the construction is typically more complex and evolved. This makes relocation of the data relatively easy but processing and interpretation more complex and time consuming. |
| eg Urban | 3 | Band 3 typically comprises urban roads where both the network and road construction are more complex. This makes relocation, processing and interpretation of the data more complex and time consuming. |
| Not Specified | 3 | Any section where the road category is not supplied by the client defaults to Band 3. |
*While customers are encouraged to supply their road categorisation data Fugro Aperio retain the right to decide what Band each section in the database falls into.3.3 Point Construction Fee Conditions: Please note that the pricing of point Construction Data assumed reporting intervals of between 300m and 700m. If reporting intervals greater or smaller than this are required please contact the
REVEAL team.
3.4 Project Fee: All projects, large or small, involve a series of fixed, routine tasks and processes that are covered by the Project Fee. This fee covers, amongst others, the following tasks and processes:
Retrieval of data from the database archiveData enhancement processing proceduresQuality checksProject archiving3.5 Minimum Fee: All projects require a degree of administration time, the cost of which can be amortised within the analysis rates for the larger orders, but can not be appropriately compensated for when short road section lengths are ordered. A minimum order fee of £1,400 therefore applies to cover the cost of activities such as:
Customer liaisonProject procedures and checks in line with Fugro Aperio’s ISO9001 standard3.6 Data Collection Fee: A fee of £1800 will be charged for "Prioritised" data collection if no construction information is purchased within 12 months.
3. DATA COLLECTION3.7 For "Prioritised" and "Fast Track" GPR data collection exercises conducted by Our dedicated REVEAL Team geographical coordinates of Your network referencing nodes are required before the GPR Data can be collected. We can not collect, archive or retrieve the data efficiently without such geographical coordinates. Where accurate geographical referencing is unavailable We can assign geographical coordinates to Your network referencing and this will be charged at £450 per day in addition to any other fee payable under these terms.
3.8 For "Fast Track" data collection that require working with You or a third party under Your control (e.g. in situations where You are supplying the traffic management to provide safe access to the hard-shoulder) if We attend the physical site but are prevented from gaining access for reasons beyond Our control, or if cancellation of any survey session is made with less than 24 hours notice, an attendance charge of £900 per day plus expenses shall be charged unless otherwise agreed in writing between You and Us.
4. OWNERSHIP OF DATA4.1 All GPR Data remains Our property. When You submit an Order for Construction Data Our charges cover the prioritisation of the data collection and do not represent the purchase of the actual GPR Data. We maintain the right to interpret the GPR Data and supply the resulting Construction Data to other customers.
5. REPORTING5.1 We are dedicated to working closely with the Pavement Management System ("PMS") developers and the UKPMS owners forum to establish effective, robust file formats and software tools to ensure seamless uploading of pavement construction information obtained from Ground Penetrating Radar (GPR) into HAPMS and UKPMS. As part of this commitment We have developed an HMDIFF file format for UKPMS that is now a mandatory requirement for all UKPMS systems that can load pavement construction information obtained from GPR.
5.2 However, standards vary and initially it may be necessary to develop loading systems for some PMS. If you require such development work, We will pass on and You shall pay any such costs associated with such development.
6. PAYMENT TERMS6.1 Invoices will be issued at key stages including completion of data collection (where applicable), month end based on completed works, and upon submission of final reporting.
6.2 Payment shall be made within 30 days of the date of invoice with zero retention. Interest will be charged on late payment of invoices at the rate of 8% APR above Bank of England prevailing base rate per month or part thereof.
6.3 Payment should be made to the following bank account: Barclays PLC, Bedford Square Business Centre, Hanover Square Corporate Banking, 27 Soho Square, London, W1A 4WA, Account no.: 40708704, Sort code: 20-05-75, IBAN: GB66 BARC 2005 7540 7087 04, SWIFTBIC: BARCGB22.
6.4 No deductions are to be made for bank transfer charges or any other reason.
6.5 All prices quoted exclude VAT, withholding taxes, Customs and Excise duties including import duties and other similar levies within and outside the United Kingdom which will be charged in addition where appropriate.
7. WARRANTY AND LIABILITY7.1 You warrant that all details You provide to Us for the purpose of purchasing the Services are correct, that You are appropriately authorised to use the payment method, which You may use in payment for any Order and that there are sufficient funds or credit facilities to cover the cost of the Services.
7.2 We warrant, subject to Clauses 8.2.1 and 8.2.2, that all Construction Data We supply to You pursuant to these terms and conditions shall comply in all material respects with Your Order. If any Construction Data supplied by Us pursuant to these terms and conditions is demonstrated to our reasonable satisfaction to be defective We will repeat the Services and generate and deliver to You replacement Construction Data which complies in all material respects with the Order at no extra charge. This remedy is Your sole remedy for breach of the warranty set out above and is offered subject to the defect having been caused by Our default. We accept no liability for any defect in the Order or any defect which has otherwise been caused by Our reliance upon Your instructions.
7.2.1 While we undertake to perform our services with reasonable skill and care, the nature of non destructive and geophysical testing techniques is such that their effectiveness is influenced by various factors such as the characteristics of the target and host materials, site conditions, as well as the quantity and quality of verification data sets such as cores and trial pits. We cannot therefore guarantee that we will locate all pavement layers or that we will be able to achieve the desired accuracies. Further details of these limitations and Our system for reporting confidence in the reported Construction Data are available on the "
limitations" page.
7.2.2 Reanalysis of the GPR Data after issue of final report for any reason, including the provision of additional verification data, shall be subject to additional charges.
7.3 Any claim based on any defect in the quality of any Services supplied pursuant to these terms and conditions must be notified to Us within 10 days of its delivery after which You will be deemed to have accepted the Services as having been delivered in accordance with the Order.
7.4 We will use all reasonable endeavours to ensure that the Site remains available at all times. However, We cannot guarantee that the Site will operate continuously or will be error free. We therefore cannot accept any liability for any failure or non-availability of the Site.
7.5 We shall not be liable to You for any damage to or loss of any data, loss of profit, anticipated profits, revenues, anticipated savings, goodwill, business opportunity or loss, or for any indirect or consequential loss or damage.
7.6 Our maximum aggregate liability to You in relation to any Order shall in no circumstances exceed the price payable to Us in relation to that Order. Nothing in these terms and conditions shall be construed as excluding or limiting Our liability for death or personal injury caused by negligence or liability for fraud.
8. SECURITY8.1 If You choose to open an Account on the Site ("Account"), it is Your responsibility to maintain the Account holder’s details, update passwords and rights to access a particular Account. We are not liable for any loss or unauthorised access to the Account
8.2 You acknowledge that You are responsible for the protection of your computer system, hardware, software and data and those of third parties who may access or otherwise be connected to your computer system. Consequently You accept responsibility for ensuring that all emails, programs or other data downloaded or otherwise received from the Site or Us are free from viruses, worms, Trojans and all other forms of malicious code before using the same.
8.3 We take reasonable steps to ensure that unauthorised third parties do not access data transmitted electronically to Us or by Us via the Site. However We cannot guarantee that such access cannot happen. Consequently You accept the risk that data transmitted electronically by Us or to Us via the Site may be intercepted or accessed by third parties who are unauthorised by Us.
8.4 We use "cookies" to identify users of the Site and personalise their visit by customising web pages for them and for collecting user information to enable Us to provide the Service and fulfil our obligations to customers.
9. INTELLECTUAL PROPERTY9.1 You warrant and represent that You are authorised to submit Orders to Us together with any information therein. You agree to indemnify Us and hold Us harmless against all loss, damage, claims, demands, actions, costs, charges, expenses and liabilities of whatsoever nature arising out of or in connection with any claim that the possession or use by Us of any information submitted by You as part of any Order infringe the proprietary rights of any third party.
9.2 Any intellectual property contained in the Services, the Construction Data supplied or displayed on the Site, including but not limited to any trade marks, logo, database right or copyright, is owned or licensed by Fugro Aperio Limited and may not be used without Our prior written consent. All other trade marks used on the Site are the property of their respective proprietors.
10. CONFIDENTIALITY10.1 Each party agrees that they shall keep confidential all information of a confidential nature, (including trade secrets and information of commercial value), which may be disclosed to them by the other party pursuant to these terms and conditions, ("Confidential Information"), and agrees that they shall not, without the prior written consent of the disclosing party, use any Confidential Information for their own purposes or disclose it to any third party PROVIDED THAT the receiving party shall have no obligations under this Clause 10.1 to the extent that such information is public knowledge or is already known to the receiving party at the time of disclosure or subsequently becomes public knowledge other than by breach of these terms and conditions or subsequently comes lawfully into the possession of the receiving party from a third party.
11. TAX EXEMPTION11.1 As specialists in structural investigation and inspection We are not classed as a Contractor and do not require a Tax Exemption Certificate as issued under the Construction Industry Tax Deduction scheme introduced by the Finance (No 2) Act 1975.
12. GENERAL12.1 You are not entitled to assign or transfer to any third party any of Your rights or obligations under these terms and conditions.
12.2 If any provision or any part of any provision in these terms and conditions is held by any court of competent jurisdiction to be illegal, invalid, void or unenforceable for any reason then that provision, or part provision, shall be treated as having been deleted. The remainder of these terms and conditions shall continue to apply.
12.3 Neither party shall be liable to the other for any failure to perform any of their obligations under these terms and conditions which is due to circumstances beyond their reasonable control.
12.4 No waiver by either party of any breach by the other party of any provision of these terms and conditions shall be deemed a waiver of any subsequent breach of the same or any other provision.
12.5 A person who is not party to this agreement shall have no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this Agreement. This clause does not affect any right or remedy of any person which exists or is available otherwise than pursuant to that Act.
12.6 These terms and conditions shall be governed by the laws of England and You agree to submit to the non-exclusive jurisdiction of the courts of England.
