Terms and Conditions

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Digital Drone Services Ltd Terms and Conditions :

This agreement contains the entire understanding between Digital Drone Services Ltd (Digital Drone Services Ltd) and the Client. It supersedes all prior and simultaneous agreements between the parties. The only way to change or add to this agreement is to do so in writing, provided that the document is signed by Digital Drone Services Ltd and the Client.

Quotations and Pricing : 

Digital Drone Services Ltd offer a Rate List for clients to approximate the costs they may incur by employing the services of Digital Drone Services Ltd for ‘standard flight operations’. However it should be noted that due to the complex nature of operating Unmanned Aircraft Systems (UAS) in the United Kingdom (UK), the Digital Drone Services Ltd Rate List is only offered for the purpose of price approximation and must NOT be considered a written quotation.

Digital Drone Services Ltd will only honour prices provided in dedicated written quotations with Digital Drone Services Ltd reference numbers and provided to clients by Digital Drone Services Ltd upon request, with any quote remaining valid for a period of 30 days from the date on the quotation.

Standard Flight Operations and Non-Standard Flight Operations :

As an approximate guide, for a flight to be classed as a ‘standard flight operation’, then the proposed flight must satisfy ALL of the following nine statements:

1) - The UAS must be flown entirely over land/property either owned or controlled by the client.

2) - Digital Drone Services Ltd must be granted permission to take-off and land from the land/property in question, by either the owner or a person authorised to grant permission.

3) - The UAS must not be flown over or within 150m of any organised open-air assemblies of 1,000 persons or more.

4) - The UAS must not be flown over or within 50m of any person, vessel, vehicle or structure, that can not be directly controlled by the Digital Drone Services Ltd Pilot.

5) - The UAS must not be flown over or within 150m of any congested area.

6) - The UAS must not be flown at night.

7) - The UAS must not be flown over water.

8) - The UAS must be fitted with one of the standard cameras featured on the rates list.

9) - The UAS must not be flown in any form on controlled, restricted or high risk airspace, such as those around airports, HIRTA locations or areas restricted by NOTAM.

Any proposed flight operation that can not satisfy one or more of these nine statements will be classed as a ‘non-standard flight operation’ and will require a unique quotation.

Order Confirmation, Booking Fees, Payments and Cancellations :

Digital Drone Services Ltd require a written confirmation of order before any flights will be carried out, which can be sent via post or email. In the event of booking a non-standard flight operation, the order may require a 25% booking fee, based on the total value of the order.

Any payment or outstanding balance must be paid within the payment terms specified on the invoice, which will typically be 30 days from the date of the flight operations.

Digital Drone Services Ltd reserves the right to add 5% per month to overdue or partly overdue accounts and will retain all rights to supplied material until payment is received in full.

Notice of cancellation by the Client must be received at least 7 days prior to any planned flight operation date. A cancellation may incur administrative charges to recover expenses incurred if any preparatory work has been undertaken by Digital Drone Services Ltd on behalf of the Client.

Permissions for Commercial Operations :

It is possible that aerial work may require Police, Local Authority and/or Parking Enforcement permission, to operate in a public location. Due to this Digital Drone Services Ltd will only conduct flight operations once suitable permissions and legal access has been obtained/granted in order to operate safely.

Where it is necessary to enter private land or property, it is expected that the Client will obtain the necessary permissions from either the land/property owner or a person authorised to grant permission. A copy of which will be forwarded to Digital Drone Services Ltd to be kept on record.

Copyright :

Unless otherwise agreed at the point of sale, the legal copyright for any material created by Digital Drone Services Ltd will remain the property of Digital Drone Services Ltd and Digital Drone Services Ltd retains the right to use said material for personal marketing purposes as required. This may include display on Digital Drone Services Ltd’s website and social media sites including Twitter, Linked In and Facebook.

Digital Drone Services Ltd will pass personal reproduction rights of any commissioned material supplied to the Client upon full payment of the relevant invoice.

The use of any material produced by Digital Drone Services Ltd for merchandising or onward sale, or by any third party not directly on the Client’s behalf, is NOT permitted without written permission from Digital Drone Services Ltd. This will incur a negotiated Reproduction Fee. Moral rights will always be required in that the name of the author of photographs (i.e. Digital Drone Services Ltd), commissioned or otherwise, is suitably credited whenever the material is published or displayed.

Where the Client supplies Digital Drone Services Ltd with material, it is the Client’s responsibility to obtain all necessary copyrights for its use and Digital Drone Services Ltd assume that the Client possesses said copyright/permissions. In such cases, the copyright belongs to the Client. By signing the agreement, the Client agrees to indemnify Digital Drone Services Ltd from any claim which arises regarding the use of material with which the Client supplies.

Material NOT Created by Digital Drone Services Ltd :

In situations where the Client agrees to provide Digital Drone Services Ltd with additional copy, images and information to add to edited works, Digital Drone Services Ltd accept no responsibility for the Client’s work not being completed by a specific date if we are unable to secure necessary and/or suitable information and/or materials from the Client.

If the Client cannot supply the information they wish to feature in their product, Digital Drone Services Ltd will do what we can to obtain it, but we accept no responsibility for errors, omissions or discrepancies which may be present on the final work. The time taken to compile the data, as well as any additional time required to correct errors, omissions or discrepancies which have arisen through the Client not providing Digital Drone Services Ltd with adequate materials, will be charged at our standard rate. Digital Drone Services Ltd accept no responsibility for the delay caused in providing the Client with the final work as a result of the Client supplying us with insufficient or unsuitable materials.

Where the Client supply or specify materials, Digital Drone Services Ltd will take every care to secure the best results in the finished product, but we accept no responsibility for imperfect work caused by defects in or unsuitability of materials so supplied or specified.

Exclusivity / Guest Photography / Commercial Work :

It is understood that Digital Drone Services Ltd will act as the sole and exclusive paid photographers / operatives. Digital Drone Services Ltd reserves the right to prohibit other photography / aerial work during flight operations.

Limit of Liability :

When operating outdoors, the success of the work is weather dependant. Digital Drone Services Ltd will always maintain to work to agreed schedules, however should the flight operation need to be postponed resulting from the weather on the day, there will not be any additional charges to the Client, unless postponement incurs additional charges to Digital Drone Services Ltd. This decision will come from the UAS Operator on the day regarding flight suitability.

As a result of flight operations being dependant on weather conditions, Digital Drone Services Ltd cannot guarantee to complete any work by given dates. Digital Drone Services Ltd will therefore not be responsible for any missed deadlines or other consequences as a result of the timing of the work.

Digital Drone Services Ltd will only operate flights within the limits of our Permit for Commercial Operation (PFCO)  from the Civil Aviation Authority (CAA) and the law. If on the day of flight operations the Digital Drone Services Ltd Pilot decides specific shots, included in the brief and quoted to be undertaken, cannot be done so safely, then the best possible alternative shot(s) will be offered and these will be deemed to fulfil the contract.

Digital Drone Services Ltd makes every effort to produce the highest quality material possible, including using professional grade equipment, professional grade backup equipment, and making multiple backup copies of images. However, in the unlikely event of the Client’s work being lost, stolen or destroyed for reasons beyond Digital Drone Services Ltd’s control, their liability is limited to the return of all payments received for the relevant order. The limit of liability shall not exceed the contract price stated therein.

Digital Drone Services Ltd is not responsible for the lack of coverage due to weather conditions, scheduling complications due to lateness of individuals, rules and restrictions of venue, or the rendering of obstacles at the location.

Client and Hired-In Equipment :

In the event that Digital Drone Services Ltd are requested to utilise equipment owned by the Client, then Digital Drone Services Ltd take no responsibility in the event of the equipment being damaged either during use or as the result of an accident.

In the event that Digital Drone Services Ltd are requested to utilise equipment hired-in either by ourselves and/or by the client, then Digital Drone Services Ltd take no responsibility in the event of the equipment failing to operate, as Digital Drone Services Ltd can not guarantee the quality of equipment not owned in-house.

Due to circumstance planned or unplanned following a cancellation of an agreed work by the client any hired-in equipment may be charged to the client 

In the case of Client or hired-in equipment being attached to an Digital Drone Services Ltd UAS, then Digital Drone Services Ltd reserve the right to add the equipment to our insurance policy, which may incur an additional admin charge.

Disclaimer :

This contract has been freely negotiated and shall be recognized as the entirety of the agreement. Only those changes or modifications specifically placed in writing, attached, dated and signed by the Client and Digital Drone Services Ltd at the time of acceptance of this contract shall be recognised as amendments to this contract.

Page updated: 10 September 2018

PLEASE NOTE:

ACCEPTANCE OF THE DESCRIPTION OF SERVICES AND PAYMENT TERMS DETAILED WITHIN A QUOTE ARE TAKEN AS ACCEPTANCE OF THE ABOVE LISTED TERMS AND CONDITIONS.