CLOUD VIEW CAPTURE AERIAL & GROUND FILMING
These terms and conditions are the terms on which we both mutually agree to do business.
ORDER ACCEPTANCE POLICY
1. We provide various services, which may include without limitation, photography, Video processing, digital images, Video editing or other moving digital media or design. These terms and conditions shall apply to all services provided by us, unless otherwise specifically agreed in writing. By ordering by telephone, email or in person you agree to be bound by these terms and conditions. All orders and requests for our services will be subject to our acceptance, which will be notified to you when we confirm your order. We reserve the right to amend these terms and conditions from time to time and new versions will available on our web site.
2. We may require additional information from you before accepting any order or providing services.
3. Written quotations are valid for 30 days. The quotation may be inclusive of all preparatory work, provision of any written documentation (e.g. Health & Safety documents, Method Statements and Risk Assessments) or fees for any permissions required (e.g. by the Civil Aviation Authority, Air Traffic Control, Police and relevant landowners), travel and accommodation (where necessary), limited post-production processing work and delivery of materials.
4. A series of assignments is treated as a set of individual contracts.
5. You accept that our quotation does not indicate an acceptance of your order, neither does it constitute confirmation of our offer to supply which we will confirm with an order acknowledgement
6. Written briefs are recommended to ensure your video/photographic objectives are well defined to avoid errors. The brief should include, but not limited to, full postal address with postcode, on-site contact maps, site plans with boundaries or any other material required to accurately identify the site from the air and ground.
7. The Brief should also specify the proposed use and method of publication of the images or video.
8. If a site survey is needed prior to the quotation, the cost will be agreed and invoiced in advance. If the resulting survey requires the production of a site specific Health and Safety Risk and method statement produced this charge will be included within the job specific quote.
PHOTOGRAPHIC MATERIAL SUPPLIED
9. Video material will be recorded and supplied in a format agreed at the brief stage (either raw or edited).
Photographic stills will be shot on professional digital camera equipment as Camera RAW or High Resolution Jpeg files and supplied to you as un-edited and un-processed RAW or high-resolution jpegs, on a pre agreed delivery method. If an external storage device is needed the cost of this will be included within the original quotation.
10. Retouching, digital manipulation and stitching of supplied images is available at an additional cost. We will process and enhance images at your request. If any imagery is to be used for property marketing we wish to draw your attention to the Property Misdescriptions Act 1991 (‘PMA’). We may process images at your request to enhance an image but this will only be performed with accordance of the PMA, unless you instruct us. We will not alter our images to deliberately mislead the viewer. (Unless they are to be used for creative purposes )
PURCHASE ORDERS, CONFIRMATION OF ORDER
11. When you confirm an order, in writing or verbally, we take it in good faith that you are authorized to place such an order and you agree to provide a purchase order number if one is required to expedite payment.
PAYMENT AND DEPOSITS
12. Payment of all invoices are due upon receipt unless we have agreed different payment terms.
13. A payment of a deposit before work commences is required. This will be 25% of the total job costing. This should be paid at time of placing order/approval of job and is non-refundable if due to client cancellation. The balance is due on the day of the invoice date (which will be the date when finished materials are dispatched to you). In the case of work being required by you to be done in phases, and should the period between starting the work and the final phase being completed be beyond 14 days, then an interim payment, as agreed at the time of accepting the commission will be required.
14. Time of payment must be within 14 days on receipt of goods.
15. We reserve the right to add statutory Late Payment Interest (Bank of England Base Rate + 8%) to overdue accounts under the Late Payment of Commercial Debts (Interest) Act 1998
16. Failure to pay within 14 days of receipt of goods/invoice will incur an additional fixed penalty charge of £70
17. Payments still not made within the payment terms of 14 days from the arrival of the invoice date will then be charged a £10 late payment fee per day until total cost of invoice is paid
16. Notice of cancellation by you must be received by us in writing at least 7 days prior to any planned assignment. Cancellation may be subject to a charge to recover any expenses incurred by us.
17. With any unmanned aerial vehicle (UAV) photography flight permission may be required, permission from the Civil Aviation Authority (CAA), local Police, other authorities and relevant landowners, when needed, is generally granted within a day or so, however it may take several weeks (CAA may require up to 28 days written notice of intention to fly for certain areas). This is usually granted but certain height and/or other conditions may be applied). All work is subject to obtaining permitted and legal access from which to safely operate the UAV equipment.
18. We will always endeavor to complete any assignments by proposed completion dates. However, due to weather and other operational constraints, we cannot guarantee completion on or by any specific date. We, therefore, cannot be held responsible for any missed publishing or other deadlines or any consequences involving the timing of the commission. Certain requested shots from specific locations, directions and heights, requested, may not be possible on the day for various operational reasons. In this case, the best possible alternatives will be supplied and these will be deemed to fulfil the contract. If, due to operational conditions ,it becomes evident that all the work cannot be completed in one day, then work will be prioritized to ensure the most important shots are achieved.
19. The quality of video/photographs taken after sunset, with a UAV, cannot be guaranteed and usually will not be attempted. Images required to be taken in a southerly direction (i.e. into the sun), especially in the winter, will undoubtedly suffer, from lens flare. In exceptional circumstances, we may not be able to completely fulfil or complete a contract at all.
INTELLECTUAL PROPERTY AND LICENSING
20. Unless otherwise stated, the copyright on all video/photographs, graphic images and other elements is retained by us and you may not be stored, used or reproduced for any other purpose than licensed without our express prior consent.
21. Any license to use comes into effect from the date of payment of the relevant invoice. No use may be made of the images before payment in full of the relevant invoice without our express permission. Any permission which may be given for prior use will automatically be revoked if full payment is not made by the due date or if you are put in administration, receivership or liquidation. The License only applies to you for the reasons declared and its benefit shall not be assigned to any third party without our permission. 22. We assert our right to be identified as creator of the images. We must be credited whenever images are published, displayed, used in video or DVD productions, transmitted or broadcast. Unless this is agreed verbally by our company and yourselves. Should the client wish the footage created to be provided as white label this should be clarified in at the briefing stage of the project.
23. Unless you advise of the confidential nature of any assignment where we will agree not to reproduce certain images for an agreed period. You permit us the right to use any images for photographic library use, publications and other uses without reference to you.
24. As with any location videography/photography, a successful outcome is dependent upon suitable weather conditions and for them to be forecast accurately. A decision to shoot on a particular day is normally delayed to the last practical moment to maximize the chance of suitable weather. Should you require us to proceed with any assignment against our advice you will be liable for any re-visit costs should you be unhappy with the results we achieve.
25. If you should cancel or postpone due to weather, notwithstanding any other rights, we reserve the right to charge for a cancelled day.
26. If the assignment is weather dependent we recommend you take out weather insurance.
LIMITATION OF LIABILITY
27. If any assignment could not be completed due to events outside of our control (e.g. lack of access or unscheduled site activity, or Operational Constraints etc.) Force Majeure, We cannot be held liable for any costs you may be charged to re-schedule and you may be charged a re-visit fee.
28. Should we be held liable then in any event, the liability of ours will be limited to the total value of the contract with no liability accepted for indirect and/or consequential loss. We do not accept liability for errors resulting from incomplete or inaccurate instructions from you or for delays or restrictions caused by Air Traffic Control, CAA or the Police.
29. Whilst back-up copies of are usually kept, we accept no responsibility and liability for maintaining archive copies of photographic material after the work has been delivered to and accepted by you.
36. These terms and conditions shall be governed by the Laws of England the parties agree to submit to the exclusive jurisdiction of the English Courts.