Terms of Service

1. About these terms

These Terms of Service govern the relationship between the client and YGF Southampton Limited whenever work is carried out from the Southampton counter. They should be read alongside any written scope, quotation or booking sheet that the counter issues for a particular piece of work. Where a written scope conflicts with these terms, the written scope takes priority for that piece of work, and the remaining terms continue to apply.

The terms describe what the counter will do, what the client is expected to do, how fees are handled and what happens if something goes wrong. They are written in plain language on purpose. A trader opening a first shop should be able to follow them without legal training, and a landlord with several units should be able to check the position quickly.

Nothing in these terms removes a right that the law gives to a consumer, and nothing in these terms is intended to be unfair or to create an obligation that could not reasonably be met. If any provision is found to be invalid, the rest of the terms continue in force.

2. Who we are

YGF Southampton Limited is an independent high street agency that operates a counter at 180 High Street, Southampton - SO14 2BY, United Kingdom GB. The company can be reached by email at enquiries@ygfsouthampton.mom and by telephone on +17089811848. The counter is the place where appointments are held and where the working papers of each instruction are kept.

References in these terms to we, us or the company mean YGF Southampton Limited. References to you or the client mean the person or business that has asked for the work. Where the client is a company or a partnership, the individual who signs or confirms the booking confirms that they are authorised to act for that organisation.

The counter is open from Monday to Friday between 9:00 and 17:30, with a 17:00 close on Friday, and on Saturday morning by appointment. Messages received outside those hours are answered on the next working day.

3. The services covered

These terms apply to the six services described on the services page of this website and to any related work agreed at the counter.

• Shop letting desks, covering the description of a unit and the arrangement of a letting.
• Window display planning, covering the layout, lighting and refresh cycle of a shop window.
• Footfall survey rounds, covering hand counts on the pavement and the written report.
• Lease renewal meetings, covering the reading of a lease and the record of a renewal discussion.
• Pop-up pitch bookings, covering the arrangement of short trading runs.
• Store front checks, covering the structured inspection of a shop front and the report.

The counter may agree additional work in writing. Any such work is covered by these terms unless a separate agreement says otherwise. The counter does not provide building surveying, structural engineering, valuation for lending, accountancy or legal representation, and no part of the services should be read as providing those things.

4. Booking and scope

A booking is made when the client and the counter agree the service, the address of the unit, the dates and the fee, and the counter confirms the booking in writing. A telephone conversation on its own does not create a booking, and an email enquiry does not create a booking until it is confirmed. This protects both sides from a misunderstanding about what was ordered.

Every booking is accompanied by a short written scope. The scope names the work, the number of visits, the reports that will be issued and the date by which they will be provided. If the client wants to add work after the scope is agreed, the counter will issue a revised scope and may adjust the fee. No additional work is charged without the agreement of the client.

Where a booking depends on access to a unit, the client is responsible for arranging that access with the landlord or occupier and for confirming the arrangements to the counter at least two working days before the visit.

5. Fees and payment

Fees are quoted in pounds sterling and are stated in the written scope before any work begins. The counter does not apply a charge that has not been quoted. Where a fee depends on the size of a unit or the number of survey days, the basis of the calculation is set out in the scope so that the client can see how the figure was reached.

Unless the scope says otherwise, invoices are payable within fourteen days of the invoice date. The counter may ask for a deposit before a survey round or a pop-up booking, because those services commit staff time and space in advance. A deposit is credited against the final invoice.

Where a payment is late, the counter may charge interest at the statutory rate and may suspend further work until the account is settled. The counter will always warn the client before suspending work, and will not withhold a report that has already been agreed where withholding it would cause disproportionate harm.

6. Your responsibilities as a client

The counter can only work with the information and access it is given. The client agrees to provide accurate details about the unit, the tenancy and the business, and to tell the counter promptly if any of those details change. Where a document is supplied, the client confirms that it is complete to the best of that client knowledge.

• Provide access to the unit at the agreed times.
• Supply any lease, licence or consent needed for the work.
• Tell the counter about any known fault, hazard or restriction affecting the unit.
• Nominate a single point of contact for decisions.
• Pay the agreed fee in accordance with the invoice.

Where a client fails to meet these responsibilities and the work is delayed or repeated as a result, the counter may charge for the additional time at the rate stated in the scope. The counter will explain any such charge in writing before it is applied.

7. Shop letting desks

The letting desk describes a unit and introduces the parties. The counter does not act as the landlord and does not grant a tenancy. A letting takes effect only when the landlord and tenant have entered into a binding agreement, and the counter is not a party to that agreement.

The particulars prepared by the counter are based on the information supplied by the landlord and on the observations made at the unit. They are prepared in good faith, but they are not a warranty of the condition, the floor area or the services at the unit. A tenant should satisfy itself on those matters before signing, and the counter will point out where an independent check is advisable.

Where the counter is instructed by a landlord, it will present the unit fairly and will pass on any offer to the landlord without delay. Where the counter is instructed by a tenant, it will seek terms that reflect the footfall evidence and the condition of the unit. The counter will not act for both sides in the same letting without the written agreement of both.

8. Window display planning

A window plan is a design document. It sets out a proposed arrangement for the window, the lighting, the background and the refresh cycle, drawn to the measured dimensions of the glass. The client is responsible for deciding whether to implement the plan and for engaging any fitter, electrician or sign maker needed to carry it out.

The counter takes measurements at the time of the visit and records them in the plan. Minor variation between the measurement and the finished installation is normal, and the client should check the installation against the glass before committing to fixtures. The counter is not responsible for the workmanship of a third party installer.

Where a plan is subject to a landlord consent, a planning condition or a licensing requirement, the client is responsible for obtaining that consent. The counter will identify the likely requirement in the plan, but it cannot guarantee that consent will be granted.

9. Footfall survey rounds

A footfall survey is an observation of the public pavement. The counter counts the people passing a defined point during defined periods and reports the totals. The report describes what was observed on the days of the count, and it is not a forecast of future trade.

Weather, local events, road works, school terms and public holidays all affect a count. The counter records the conditions beside each tally so that the client can judge how representative a figure is. Where a client needs a comparison between seasons, the counter will recommend counts in each season rather than a single round.

The survey does not identify any member of the public. The tallies are aggregate counts, and the photographs taken on a round are framed to show the street rather than the people on it. A client who wishes to use a survey report in a publication may do so, provided the report is quoted accurately and in full context.

10. Lease renewal meetings

A renewal meeting is a structured discussion held at the counter. The counter reads the lease, identifies the key dates and obligations, and records what is discussed. The meeting produces a written note of the points agreed and the points left open. It does not produce a new lease.

The client remains responsible for obtaining legal advice on the drafting and effect of any renewal document. The counter will provide the factual record that a solicitor needs, and will attend a meeting where that is helpful, but it will not draft the lease or advise on its legal effect.

Where a renewal meeting involves more than one party, each party is asked to confirm the note within five working days. A party that does not respond is treated as having received the note, and the counter will follow up once before closing the record.

11. Pop-up pitch bookings

A pop-up booking is an arrangement for short trading in a defined space. The booking sheet records the dates, the access times, the hand back times, the power available, the signage limits and any other condition attached to the space. The client is responsible for trading lawfully within those conditions.

A pop-up booking does not create a tenancy and does not give the trader a right to remain in the space beyond the booked dates. If the trader wishes to extend, a fresh booking is required and is subject to availability. The counter will tell the trader at the earliest opportunity if a space becomes unavailable.

At the end of the run the trader and the landlord take part in a short hand back walk with the counter. The unit is photographed and any remedial work is noted. The trader is responsible for removing goods and equipment and for leaving the space in the condition described in the booking sheet.

12. Store front checks

A store front check is a visual inspection of the front of a shop. It records the condition of the fascia, signage, glazing, door, threshold and any shutters, with a photograph beside each note. It is not a structural survey and does not involve opening panels, testing services or inspecting concealed elements.

The report describes the condition at the time of the visit. Where a fault is identified that could present a risk to the public, the counter will telephone the client and the occupier at once. The counter does not carry out repairs and is not responsible for arranging them.

A client may use the report as evidence of condition at the start or end of a tenancy. The photographs are taken from fixed positions so that a later check can be compared directly. The report is issued to the client who commissioned it and may be shared with the other party to the tenancy.

13. Not a substitute for legal advice

The counter offers practical commercial help. It does not offer legal advice, and nothing said at the counter or written in a report should be relied on as legal advice. A lease, a licence, a guarantee and a renewal document are legal instruments, and their effect should be confirmed with a solicitor before signature.

Where the counter reads a lease for the purpose of a renewal meeting, it does so to identify the practical points that need discussion. That reading is not a legal opinion and does not amount to a review of the legal effect of the document. If a point appears to require legal interpretation, the counter will say so plainly and recommend that the client seek advice.

Similarly, the counter does not provide valuation advice for lending, does not certify floor areas for a lender and does not act as an energy assessor. Where those services are needed, the counter will suggest that the client engages a suitably qualified professional.

14. Landlords, tenants and third parties

The counter works alongside landlords, tenants, managing agents, solicitors, fitters and local authorities. Those parties are independent of YGF Southampton Limited, and the company is not responsible for their acts or omissions. Where the counter introduces a client to a third party, the introduction does not amount to a guarantee of that party work or conduct.

Where the counter is instructed by one party to a transaction, it owes its duty to that party. It will deal openly with the other party and will not mislead it, but it will not act as an advocate for both. This is normal practice in agency work and protects the integrity of the advice given at the desk.

If a third party delays the work, for example by failing to grant access or by withholding a consent, the counter will notify the client promptly and will adjust the timetable where possible. The counter will not charge for time lost through a third party delay unless the scope provides for it.

15. Cancellation and rescheduling

A client may cancel or reschedule a booking by telling the counter in writing. The earlier the notice, the easier it is to rearrange staff time and to offer the slot to another client.

• Cancellation more than five working days before a visit carries no charge.
• Cancellation between two and five working days before a visit carries a charge for any survey time already scheduled.
• Cancellation less than two working days before a visit may carry the full fee for that visit.
• A visit that cannot proceed because access was not arranged is treated as a late cancellation.

Where the counter cancels a booking for its own reasons, no fee is charged for the cancelled visit and any deposit is returned or credited in full. Where the counter reschedules, the client will be offered the next available slot and the fee is not increased.

16. Limits on liability

The counter takes its work seriously and prepares each report with care. Even so, it is important that both sides understand where responsibility lies. Nothing in this section limits liability for death or personal injury caused by negligence, for fraud, or for any other liability that cannot lawfully be limited.

Subject to that, the company is not liable for loss of profit, loss of anticipated trade, loss of a letting opportunity or any indirect or consequential loss arising from a report, a plan or a meeting. The commercial value of a shop decision depends on many factors beyond the counter control, and the counter cannot accept responsibility for the outcome of a decision taken by the client.

Where liability does arise, it is limited to the fee paid for the service in question, or, where a claim relates to a survey, to the fee paid for that survey. The company holds professional indemnity insurance and will consider a claim on its facts rather than relying on this limit as a first response.

17. Documents, plans and intellectual property

When the counter issues a report or a plan, the client receives a licence to use that document for the purpose for which it was prepared. A survey report may be used in support of a letting decision. A window plan may be used to brief a fitter. A front check report may be used to evidence condition.

The copyright in the documents prepared by the counter remains with the company unless the scope says otherwise. The client may copy a document for its own advisers, and may quote from it fairly, but may not publish it as its own work or sell it to a third party. Where a document incorporates material owned by someone else, that material remains subject to the rights of its owner.

A client who supplies a drawing, a photograph or a specification retains ownership of that material. By supplying it, the client grants the counter permission to use it for the purpose of the work, and for no other purpose without further consent.

18. Personal information

The counter collects and uses personal information in accordance with the Privacy Policy published on this website. That policy explains what is collected, why it is used, how long it is kept and what rights the client has. The policy forms part of the overall relationship but is a separate document, and it may be updated independently of these terms.

The client should avoid sending sensitive personal information to the counter unless it is needed for the work. Where a document contains such information and it is not required, the counter will return it or destroy it on request. A copy of a lease or a booking sheet should be sent in a form that does not include unrelated personal detail.

Both parties will handle information about the other with care. The client should not disclose the terms of a counter report to a competitor of the party who commissioned it, and the counter will not disclose one client commercial information to another.

19. Confidentiality

Much of the information exchanged at the counter is commercially sensitive. Rent figures, proposed terms, fit out budgets and the identity of a prospective tenant can all affect the position of the parties. The company treats that information as confidential and does not disclose it except as required to carry out the work or as the law requires.

The obligation of confidence does not apply to information that is already public, that the recipient already held lawfully, or that a party is required to disclose by a court order or a regulatory requirement. Where disclosure is required, the party subject to the requirement will tell the other party where it is lawful to do so.

The obligation continues after the work ends. The counter keeps confidential records for the periods described in the Privacy Policy, and does not use them for any purpose other than the work, the protection of the company legal position or a legal requirement.

20. Complaints and resolution

If something has gone wrong, please tell the counter as soon as possible. A conversation at the desk or a short email is usually the fastest route to a resolution, and the company would always prefer to correct a problem than to leave it unresolved. Write to enquiries@ygfsouthampton.mom with the counter reference for the work, or call +17089811848.

The counter will acknowledge a complaint within three working days and will give a written response within fifteen working days. Where the matter needs more time, the response will explain why and will give a date by which a full answer will follow. The person who responds will have seen the file and, where possible, will be someone who did not carry out the original work.

If a complaint cannot be resolved by discussion, both parties will consider mediation before beginning any legal proceedings. Mediation is not compulsory, but it is often the quickest and least costly route for a small commercial dispute.

21. Events outside our control

The counter will make every reasonable effort to carry out a booking on the agreed date. Where an event outside the control of the company prevents that, the counter will notify the client as soon as it becomes aware and will offer a revised date. Such events include severe weather, flooding, a road closure that prevents access to the unit, a public health restriction, a failure of a utility or a similar circumstance.

Where an event outside the control of the company delays the work, the timetable is extended by the length of the delay and neither party is treated as being in breach. Where the delay becomes substantial, either party may cancel the outstanding part of the booking without a cancellation charge for the affected visits.

The counter will not charge for a visit that it could not carry out because of such an event, and any deposit for that visit will be returned or credited.

22. Changes to these terms

These terms are reviewed at least once a year and whenever the services change in a way that affects the rights or obligations of a client. The current version is always published on this page. Where a change is made, the revised terms apply to bookings made after the date of publication.

A booking made before a change continues to be governed by the terms in force when it was confirmed, unless both parties agree otherwise in writing. The counter will keep a copy of the earlier terms and will provide it on request.

The counter may also issue separate terms for a particular service where that is appropriate, for example for a large survey programme. In that case the separate terms take priority for that service, and these terms apply to anything not covered by them.

23. General provisions

These terms, together with the written scope and the Privacy Policy, form the whole agreement between the client and the company for the services described. No statement made in a conversation, a brochure or an advertisement adds to or varies that agreement unless it is confirmed in writing.

A failure by either party to enforce a provision does not amount to a waiver of that provision. If a provision is found to be unenforceable, the remaining provisions continue in force, and the unenforceable provision is replaced by one that comes as close as possible to its intended effect.

Neither party may transfer its rights or obligations under these terms without the written agreement of the other, except that the company may transfer its rights to a successor business that carries on the same work from the same counter and accepts these terms in full.

Notices to the company should be sent to enquiries@ygfsouthampton.mom and, for formal matters, by post to 180 High Street, Southampton - SO14 2BY, United Kingdom GB. Notices to the client are sent to the last address or email address that the client has provided.

24. Governing law and courts

These terms and any dispute arising from them are governed by the law of England and Wales. The courts of England and Wales have exclusive jurisdiction over any claim, subject to any right that a consumer may have to bring proceedings in the courts of the part of the United Kingdom in which that consumer lives.

Before beginning proceedings, both parties will consider whether the dispute can be resolved by discussion or by mediation as described earlier in these terms. Nothing in this section prevents either party from applying for urgent relief where that is necessary to protect a legal right.

25. Contacting the counter

If you have a question about these terms, the answer is usually a short conversation away. The counter of YGF Southampton Limited is at 180 High Street, Southampton - SO14 2BY, United Kingdom GB. The email address is enquiries@ygfsouthampton.mom and the telephone number is +17089811848. During business hours the telephone is answered by a member of the counter team.

Please quote the counter reference for your booking when you write, because that lets the team find the file quickly. If you are making an enquiry before booking, say which of the six services you are interested in and the address of the unit, and the team will tell you what the next step would be.

These terms should be read with the Privacy Policy and the service descriptions on the services page. Together they describe how the counter works, what it promises and how any concern will be handled.