Terms & Conditions
Acceptance of Terms
Our company registration number is 12388258 and our registered address is 37 Manor Road, Colchester, CO3 3LX. The term 'you' refers to the user or viewer of our website or services.
In these terms and Conditions the following definitions shall apply:
(a) “The client” shall mean the person(s), firm or company hiring A1 Drone Imaging to perform the services purchased.
(b) “the Agreement” means the Client’s acceptance of a valid Quote from A1 Drone Imaging;
(c) “Intellectual Property Rights” means all patents and rights in inventions, copyright,trade marks, code, algorithms, business and domain names, goodwill, designs, rights in software, database right, rights in confidential information (including know-how and trade secrets), images, videos and any other data collected, processed or analysed in any format by A1 Drone Imaging, intellectual property rights, whether registered or unregistered, and all similar or equivalent rights or protection;
(d) “the Operatives” shall mean the A1 Drone Imaging personnel operating the equipment;
(e) “the Parties” means A1 Drone Imaging and the Client, each a “Party”;
(f) “the Quote” means the document issued by A1 Drone Imaging setting out the details of the Services, the responsibilities for the provision of the Services, the estimated timetable for the Services, and the cost of the Services;
(g) “the Services” shall mean the services to be provided by A1 Drone Imaging to the Client, as specified in the quote.
2. The contract
2.1 This Agreement is made between the Parties, on the basis of these Terms and Conditions and the terms set out in A1 Drone Imagings Quote. In the event that A1 Drone Imaging's Quote contradicts any provision of these Terms and Conditions, the Quote shall prevail.
2.2 These Terms and Conditions prevail over any other terms or conditions referred to in the Client’s order (or other offer by the Client to purchase the Services from A1 Drone Imaging), and supersede all previous written or oral agreement or contracts in relation to the Services. No agreement for the provision of services by A1 Drone Imaging shall be established otherwise than on the basis of these Terms and Conditions.
2.3 All oral communication between A1 Drone Imaging and the Client relating to the Services shall be confirmed in writing within two working days by the Client. A1 Drone Imaging shall not be liable for the consequences of any inaccuracies or misunderstandings caused by the Client failing to confirm his order in writing or the correspondence being lost in the post.
3. A1 Drone Imaging obligations:
3.1 A1 Drone Imaging shall use reasonable endeavors to manage and complete the Services in accordance with all material respects with the scope of the Quotation.
3.2 A1 Drone Imaging shall use reasonable endeavors to ensure that the Equipment and Operatives shall arrive at a time and place mutually agreed between the Client and A1 Drone Imaging. A1 Drone Imaging will endeavor to comply with any agreed performance schedules but will accept no liability for failing to do so in circumstances beyond its control.
3.3 A1 Drone Imaging shall use reasonable endeavors to ensure the Equipment is operated by the Operatives in a professional and safe manner.
3.4 A1 Drone Imaging and the Operatives will follow any reasonable instructions issued by the Client when carrying out the Services. Such instructions may result in extra charges to the Client if they result in the work, equipment, or time required being in excess of the strict scope of the Services.
4. Client’s obligations
4.1 It is the responsibility of the Client to ensure that the Services are suitable for the purpose for which A1 Drone Imaging is engaged. In doing so the Client is not entitled to rely on any advice or recommendations from A1 Drone Imaging as A1 Drone Imaging will not have knowledge of all the relevant factors.
4.2 The Client shall co-operate with A1 Drone Imaging in all matters relating to the Services. Without limitation to the foregoing, the Client shall, at its own cost:
(a) provide instructions in good time and upon request;
(b) inform A1 Drone Imaging of all unusual and/or non-English laws or regulations to which A1 Drone Imaging (including the Equipment and Operatives) should abide by in the performance of any part of the Service, and indemnify A1 Drone Imaging against any liability, loss, damage, cost, expense or other claim resulting from the provision of the Services; and
(c) keep and maintain safe the Operatives, and do so in a manner no less advantageous than the Client keeps and maintains its own personnel;
(d) supply A1 Drone Imaging and the Operatives with all facilities and tools (other than the Equipment) which conform to relevant UK standards, to allow the proper and safe performance of the Services;
(e) provide the Operatives with accommodation, medical facilities, travel services, and such other facilities as are reasonable, and/or agreed by the Parties;
(f) keep and maintain adequate insurances to ensure that the Client can indemnify A1 Drone Imaging (and cover itself) in respect of all risks to which the Operatives may be exposed during the period in which the Services are provided (copies of such insurance policies to be provided to A1 Drone Imaging on request);
(g) ensure that all licenses, permissions, and accesses, required to perform the Services are obtained in good time in advance of the time for performance of the relevant part of the Services; and
(h) maintain adequate insurance policies in respect of all liabilities of the Client that may arise under the Hire Agreement.
4.3 The Customer recognises that as aspects of the Services are creative services, they may be open to creative interpretation, and that A1 Drone Imaging cannot guarantee the outcome of the Services or the performance of the Equipment. As such the Customer’s rights to reject the Services or Equipment on the basis of non-satisfaction shall be restricted.
5. Service charges and payments
5.1 The Client shall pay A1 Drone Imaging, the fees and other amounts as outlined and agreed in the Quotation. Unless specified as being for a fixed price, the Services will be charged for on a time and materials basis calculated on the basis of A1 Drone Imaging's standard rates from time to time (details available upon request) in addition to the reasonable costs and expenses associated with the Services (for example, travel costs). Any work carried out beyond the strict scope of the Services will be charged on this time and materials basis.
5.2 A1 Drone Imaging reserves the right to amend any quotation or fixed price should either a site survey or prevailing weather conditions or consent of any event location owners, require additional equipment and/or time and/or Operatives to ensure the safe and professional operation of the Services.
5.3 A1 Drone Imaging's pricing is based service charges calculated on 12 hour periods, All service and other charges will be calculated on this basis, unless previously agreed in writing.
5.4 Upon A1 Drone Imaging being satisfied that the Services have been completed (or in advance of this at A1 Drone Imaging's option), A1 Drone Imaging will issue an invoice, or invoices, to the Client for the fees and charges then due. The Client will make payment for all sums due under an invoice in full, and in cleared funds, in the method set out on the invoice, within 30 days from the date the relevant invoice is raised.
5.5 Any amount due to A1 Drone Imaging that is outstanding after the due date for payment will be passed over to an invoice factoring service for collection and if necessary to take legal action to recover any monies outstanding.
5.6 If at any time the Client no longer wishes to receive the Services (or any part of the Services) A1 Drone Imaging reserves the right to charge a cancellation fee not exceeding the total amount that would have been paid to A1 Drone Imaging under the quotation had the Services been completed.
6. Intellectual Property Rights, Proprietary Rights and Publicity
6.1 All Intellectual Property Rights associated with the Services shall ensure to, and remain at all times, the sole property of A1 Drone Imaging. The Client shall have no right, title or interest in such proprietary rights, except those explicitly granted by A1 Drone Imaging in the quotation.
6.2 Each Party may publicise the customer–supplier relationship between the Parties. In doing so, reasonable use may be made of the other Party’s name and trade marks, provided that the goodwill in the associated Intellectual Property Rights is not prejudiced.
7. Limitation of Liability – PLEASE READ THIS CLAUSE
7.1 To the full extent permitted by law, A1 Drone Imaging shall not in any circumstances be liable to the Client or any third party for any claims in respect of loss of profits, special damages or any consequential loss whatsoever, or be under any liability for loss or damage to any persons or property howsoever caused whether arising directly or indirectly from the Services.
7.2 To the full extent permitted by law, A1 Drone Imaging shall not be liable or responsible for the loss or damage of any material (for example, video footage, images, data or production samples) that the Client decides to use, or allows to be used, in connection with the Services. Furthermore, it remains the Client’s responsibility to ensure that, if possible, appropriate backup copies of such materials are safely maintained.
8.1 A1 Drone Imaging reserve the right to subcontract all or any part of the Services, and to assign or otherwise deal with in any way whatsoever the interest of A1 Drone Imaging in respect of the quotation.
9.1 The validity of the quotation shall expire upon the latter of the Services being completed, and A1 Drone Imaging giving notice to the Client of such.
9.2 A1 Drone Imaging may terminate the quotation on written notice to the Client, in the following circumstances:
(a) the Client fails to observe, or is in breach of, any of the terms of the quotation;
(b) the Client becomes bankrupt, insolvent, unable to pay its debts as they fall due, has a receiver appointed over some or all of its assets, or suffers an analogous event.
9.3 The termination or expiry of the quotation for any reason whatsoever shall not affect the pre-accrued rights of the Parties, including the right of A1 Drone Imaging to recover any sums due from the Client under the quotation.
10. Interruption or delay
10.1 A1 Drone Imaging shall have no liability to the Client if it is prevented or delayed in performing the Services or from carrying on its business, by acts, events, omissions or accidents beyond its reasonable control (including force majeure events and labour disputes). Following cessation of such a delay, A1 Drone Imaging will promptly recommence performance of the Services. If A1 Drone Imaging are unable to carry out the task on the day that the agreement is made for and the Client or parties relating to the Client are at fault, or if the required access cannot be obtained the Client agrees to pay A1 Drone Imaging the no-fly day rate of £1799.86 as well as additional travel, accommodation and expense charges relating to the delay. If the delay prevents the works from being continued, then the Client agrees to pay A1 Drone Imaging the original quotation cost plus the additional fees for the delay and all travel, expenses and accommodation charges relating to the delay.
11.1 Any changes made to the quotation must be agreed in writing to have effect. Such changes shall not affect the rights of A1 Drone Imaging under these Terms and Conditions unless explicitly stated otherwise.
11.2 All invoices, notices, demands or any communication from A1 Drone Imaging to the Client shall be regarded as having been properly delivered to the Client if posted by first class post or emailed or faxed or left at the address of the Client stated on the quotation, and shall be deemed to have been delivered the day after despatch.
11.3 If any provision (or part of a provision) of the quotation is found by any court or body of competent jurisdiction to be invalid, unenforceable or illegal, the remainder of the provisions will remain in force. In such circumstances, the Parties will substitute for any such provision a valid, enforceable and legal provision which achieves so far as possible the same effect as would have been achieved by the invalid or unenforceable provision.
11.4 Each of the Parties acknowledges and agrees that in entering into the quotation, it does not rely on any statement or representation relating to the subject matter of the quotation, other than as expressly set out in the quotation or a document expressly referred to therein.
11.5 The Client shall not and A1 Drone imaging may, assign, or deal in any similar manner with, all or any of its rights or obligations under the quotaton.
11.6 The quotation is for the benefit of the Parties (and where applicable their successors and permitted assigns) and is not intended to benefit, or be enforceable by, anyone else, whether under the Contracts (Rights of Third Parties) Act 1999 or otherwise.
11.7 The quotation and any dispute or claim arising out of or in connection with it, shall be governed by the law of England and Wales. Further, the Parties agree that the courts of England and Wales shall have non-exclusive jurisdiction over any dispute or claim that arises out of or in connection with the Hire Agreement
12.1 We do not share customer credit card details nor do we share customer details with 3rd parties.
Any client data held is stored securely on encrypted hardware and is only accessible by A1 Drone imaging management.
13. Flight rules
A1 Drone imaging are subject to the rules and regulations imposed by UK Air Law and the Civil Aviation Authority. Specific regulations regarding Unmanned Aircraft Operations in UK Airspace apply to all flights undertaken. In the interests of flight safety, and on behalf of A1 Drone Imaging, the pilot of the Unmanned Aerial Vehicle is the sole judge as to which rules and regulations are applicable.
In the event of cancellation or early termination of flights due to weather, A1 Drone Imaging will endeavour to re-assign bookings to a day/s of suitable weather, subject to Unmanned Aerial Vehicle and crew availability. Whilst A1 Drone Imaging will endeavour to advise of the likelihood of unsuitable weather, A1 Drone Imaging accepts no responsibility whether consequential or otherwise for delays or cancellations due to weather. When a booking is agreed between A1 Drone imaging and the customer, A1 Drone imaging reserves the right to charge for (i) a no fly day rate which is detailed on the specific rate card (details of which can be made available on request), and (ii) costs already incurred on behalf of the customer. This right, unless other written agreement is reached at the time of booking, is regardless of whether weather conditions permit the proposed operation. The pilot alone shall decide on the suitability of the weather for safe flight for any operation.
15. Operations by fixed price
The quotation provides an all-inclusive price for a specific service of Unmanned Aerial Vehicle operations, availability, flying time and ancillary costs. Any additional availability, flight or costs incurred due to the customer changing the requirements from that quoted will be subject to additional charge. Reduced requirements will not necessarily be subject to reduced charge, which will in any case be solely at the discretion of A1 Drone Imaging.
VAT will be charged at the prevailing rate as quoted.
17. Cancellation by customer
Confirmed bookings cancelled either wholly or in part, will be subject to cancellation fees at the following scale of charges:
More than 5 days
Between 5 days and 72 hours
Less than 72 hours
All bookings will be subject to a 50% deposit. Full payment will then be required 7 days prior to flight.