It is our policy wherever possible to be fair, honest and upfront with our clients, so we offer the following Terms and Conditions as a fixed reference point for all business discussions.
This agreement contains the entire understanding between ourselves, Altitude Aerial Photography Ltd (AAPL), and yourselves as the Client.
This agreement 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 both AAPL and the Client.
Quotations and Pricing:
AAPL offer a ‘Rate Card’ for clients to approximate the costs they may incur by employing our services. However it should be noted that due to the complex nature of operating Unmanned Aircraft Systems (UAS) in the United Kingdom (UK), the AAPL Rate Card is only offered for the purpose of price approximation and must NOT be considered a written quotation.
AAPL will ONLY honour prices provided in dedicated written quotations with AAPL reference numbers and provided to clients by AAPL upon request, with any quote remaining valid for a period of 30 days from the date on the quotation.
It will be the Client’s responsibility to cover any additional cost/s that may be incurred to obtain permission/s to perform flight operations and/or to secure additional material, such as, but not limited to;
AAPL require a confirmation of order before any planning work and/or flights will be carried out, which can be sent via post, email and/or text message. Such confirmations will be deemed as acceptance of these terms and conditions.
Flight Operation Limitations:
As a guide, ANY proposed flight will be subject to ALL of the following six statements:
*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.
Scheduling and Delays:
AAPL will always endeavour to work to agreed schedules, however AAPL will always place safety and operating legally ahead of speed. As a result, AAPL takes no responsibility for works not being completed to Client’s schedules. Should any work need to be completed over additional days, AAPL will invoice the Client at the going rate.
Payment and Booking Fees:
AAPL typically offer a 30 day payment period from the date of flight operations. A ‘Payment Due By’ date will be clearly specified on the invoice. Payment must be received and cleared with AAPL by this date to avoid late payment charges.
AAPL reserve the right to request partial or full payment in advance as a ‘Booking Fee’ if it is deemed necessary. Such Booking Fees will only be refundable at the discretion of AAPL.
Payments are preferred by bank transfer.
Payments by cheque should be made early enough for the cheque to clear with AAPL before the ‘Payment Due By’ date.
Payments by debit or credit card can be arranged, however does carry a charge, so please ask for a quotation.
Any payment or balance outstanding after the ‘Payment Due By’ date specified on the invoice will be considered a late payment and subject to a late payment charge of 5% and incur an admin fee of £40.
If transfer of rights to any supplied material has been agreed, AAPL also reserves the right to retain said rights until overdue or partly overdue accounts are paid in full.
( Including Weather )
AAPL utilise UAS that are capable of operating in a wide range of weather and conditions, however AAPL may need to postpone bookings for various operating reasons to ensure legality of operation and safety, such as extreme weather or changes to site conditions since quotation.
Where AAPL is forced to postpone a booking, AAPL will work with the Client to agree a suitable substitute date at no additional charge, however AAPL takes no responsibility for additional costs involved from any 3rd parties.
A request for postponement by the Client must be received by AAPL at least 7 days prior to any planned flight operation date and may incur an administrative charge to recover expenses incurred if any preparatory work has been undertaken by AAPL on behalf of the Client.
AAPL will not recognise a request for postponement from the Client on the basis of weather, unless AAPL agree that the weather is not suitable for safe flight.
In the event of a substitute date not being possible, please refer to ‘Cancellations’.
It is not the policy of AAPL to cancel any booking other than for reasons beyond the control of AAPL. In the unlikely event that AAPL cancel a booking, no charge will be made to the Client by AAPL, however AAPL takes no responsibility for additional costs involved from any 3rd parties.
Notice of cancellation by the Client must be received by AAPL at least 28 days prior to any planned flight operation date.
A cancellation may incur an administrative charge to recover expenses incurred if any preparatory work has been undertaken by AAPL on behalf of the Client. Cancellations received less than 14 days prior to any planned flight operation date may be subject to full payment at AAPL’s discretion.
Client and Hired-In Equipment:
In the event that AAPL are requested to utilise equipment owned by the Client, then AAPL 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 AAPL are requested to utilise equipment hired-in either by AAPL and/or by the Client, then AAPL take no responsibility in the event of the equipment failing to operate, as AAPL can not guarantee the quality of equipment not owned in-house.
In the case of Client or hired-in equipment being attached to an AAPL UAS, then AAPL reserve the right to add the equipment to the AAPL insurance policy, which may incur an additional admin charge.
Exclusivity of Air Space:
It is understood that AAPL will act as the sole and exclusive aerial service providers. AAPL reserves the right to restrict any other aerial service providers during flight operations.
If multiple aerial service providers are being used by the Client on any given day, then all flight activity must first be approved by AAPL and be controlled by the senior AAPL Remote Pilot and/or Operator on site.
Unless otherwise agreed at the point of sale, the legal copyright for any material created by AAPL will remain the property of AAPL and AAPL retains the right to use said material for personal marketing purposes as required. This may include display on AAPL’s website and social media sites including, but not limited to, Twitter, Linked In and Facebook.
AAPL 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 AAPL for merchandising or onward sale, or by any third party not directly on the Client’s behalf, is NOT permitted without written permission from AAPL. This will incur a negotiated Reproduction Fee. Moral rights will always be required in that the name of the author of photographs (i.e. AAPL), commissioned or otherwise, is suitably credited whenever the material is published or displayed.
Where the Client supplies AAPL with material, it is the Client’s responsibility to obtain all necessary copyrights for its use and AAPL 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 AAPL from any claim which arises regarding the use of material with which the Client supplies.
Material NOT Created by AAPL:
In situations where the Client agrees to provide AAPL with additional copy, images and information to add to edited works, AAPL accept no responsibility for the Client’s work not being completed by a specific date if AAPL 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, AAPL will do what they can to obtain it, however will accept no responsibility for errors, omissions or discrepancies which may be present on the final work as a result. 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 AAPL with adequate materials, will be charged at the standard rate. AAPL accept no responsibility for the delay caused in providing the Client with the final work as a result of the Client supplying insufficient or unsuitable materials.
Where the Client supply or specify materials, AAPL will take every care to secure the best results in the finished product, but accept no responsibility for imperfect work caused by defects in or unsuitability of materials so supplied or specified.
Limit of Liability:
Due to the nature of operating outdoors, AAPL takes no responsibility for imperfections in any work as a result of weather and/or the environment, for example strong winds may create unwanted movement in video footage.
As a result of flight operations being dependant on weather conditions, AAPL cannot guarantee to complete any work by given dates. AAPL will therefore not be responsible for any missed deadlines or other consequences as a result of the timing of the work.
AAPL will only operate flights within the limits of the AAPL OA and/or AAPL UAS OSC issued to AAPL by the CAA. If on the day of flight operations the AAPL 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.
AAPL 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 AAPL’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.
AAPL 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.
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