10.1 Scope of Services
Tim Moya Tree Services Ltd trading as TMA Environmental Consultants ("the Developer") agrees to design, develop, and deliver the TMA Enviromap web GIS platform, as specified in the agreed project proposal or statement of work. The Developer will use reasonable skill and care in providing the Services but does not guarantee that the platform will be free of errors or interruptions.
10.2 Third-Party Data and APIs
The TMA Enviromap platform may utilise third-party mapping platforms, APIs, or data sources (e.g., Google Maps, OpenStreetMap, Mapbox). The Client acknowledges that continued functionality and accuracy may depend on these third-party services, which are subject to their own terms of service and availability. The Developer is not responsible for any changes, outages, limitations, or inaccuracies resulting from such third-party services.
10.3 Intellectual Property
Unless otherwise agreed in writing, all intellectual property rights in the code and proprietary tools developed by the Developer shall remain the property of the Developer. The Client will receive a non-exclusive, non-transferable licence to use the deliverables for its internal business purposes. Mapping data or services sourced from third parties remain the property of their respective owners.
10.4 Limitation of Liability
To the fullest extent permitted by law, the Developer shall not be liable for any indirect, incidental, or consequential damages, including but not limited to loss of data, revenue, or business opportunities, arising out of or in connection with the development or use of the mapping platform. The Developer's total liability under this agreement shall not exceed the total fees paid by the Client for the project.
10.5 Maintenance and Updates
Unless agreed and paid for in full, the Developer is not responsible for ongoing maintenance, updates, or support for the platform following handover. Post-launch support and modifications can be arranged under a separate agreement.
10.6 Compliance and Use
The Client is responsible for ensuring that the platform and its use of mapping data comply with all applicable laws and regulations, including data privacy laws and usage terms of third-party mapping services.
10.7 Access and Authentication
Access to the TMA Enviromap platform is granted on an invitation-only basis. Users are required to authenticate using a verified Microsoft account. Access is personal and non-transferable. The Client must notify TMA Environmental Consultants immediately if an authorised user leaves the organisation or no longer requires access, so that access can be revoked promptly.
10.8 Governing Law
These Terms of Service are governed by the laws of England and Wales. Any disputes arising in connection with these terms shall be subject to the exclusive jurisdiction of the courts of England and Wales.