LAND VIEW MEDIA is a division of DRONE SCOTLAND LIMITED
TERMS & CONDITIONS
- Definitions – in these Terms & Conditions the following words shall have the following
“Land View Media“, “Company”, “Us”, “We”, “Our”, or variations thereof shall mean Drone Scotland Limited (Company Number SC550775).
“Services”, “Goods” mean the video or photography services that we agree to
“The Customer”, “You”, “Your”, ”Purchaser”, “Client” or variations thereof shall mean the person, firm or Company with whom Drone Scotland Limited contracts.
BASIS OF CONTRACT FOR SERVICES
- Any services we contract to supply must be ordered and accepted in writing and will be subject to these Terms & Conditions. Any subsequent variation to the services must be agreed in writing between us.
- The company reserves the right to accept or refuse service and sales for any reason and at any time. The company reserves the right to require additional verifications or information from the purchaser before accepting any order or providing services. You agree that the receipt by Land View Media of any written order (electronic, written or printed) does not indicate our acceptance of the purchaser’s order; neither does it constitute confirmation of our offer to sell.
3.1 Orders will only be regarded as confirmed once LAND VIEW MEDIA has accepted the order in writing.
- Written quotations are valid for 30 days and will be supplied for all work on receipt of a clear and accurate written brief from the Client. Written briefs are required to ensure photographic objectives are well defined for both the Client and LAND VIEW MEDIA and to avoid errors. The brief may need to include, but is not limited to, full postal address with postcode, details of land ownership, maps, site plans with boundaries and the North compass bearing clearly marked, Ordnance Survey Grid references (6-figure) and any other material required to accurately identify the site from the air. Prices quoted online are not categorised as written quotations and can be altered/added/removed without notice by us.
4.1. The quotation and fee will be inclusive of all preparatory work, provision of any written documentation, risk assessments, or permission required (e.g. by the Civil Aviation Authority, Air Traffic Control and Police. Landowner permission is excluded and is to be provided by the client), travel and accommodation (where necessary) and post-production processing work and digital delivery of images. For UAV work, unless otherwise stated, the quotation will be for the specific services purchased.
4.2. Quotations are only valid for the agreed brief as supplied by the client and accepted, in writing, by the company. Alterations and/or modifications to the brief may, at the sole discretion of Land View Media, directly reflect the value of the quotation. Alterations and/or modifications may cause the quotation to increase in price. Any alterations and/or modifications to the brief will only be valid in the event that LAND VIEW MEDIA issues an amendment in writing and that the client accepts the amendments in writing. In the eventuality that an amended quote is supplied by LAND VIEW MEDIA and not accepted by the client, the initial contract will be unaltered and legally binding.
4.3. All pre flight costs, to be incurred by LAND VIEW MEDIA, will be included in the quotation. These costs, once incurred, are non-refundable. Standard pre flights costs are £100. We will advise you, in writing, should the pre flight costs exceed £100 prior to your purchase.
- Terms of payment are within LAND VIEW MEDIA’s sole discretion, and, unless otherwise agreed to in writing by LAND VIEW MEDIA, full payment is due in full prior to any pre flight work and photography. LAND VIEW MEDIA reserves the right to add statutory Late Payment Interest (Bank of England Base Lending Rate + 8%) to overdue accounts [Late Payment of Commercial Debts (Interest) Act 1998].
- Delivery of Services – Our flights can be affected by conditions out with the control of LAND VIEW MEDIA including but not limited to the weather, mechanical failure, 3rd party contractors, geographical and environmental factors. We and our contractors also operate within explicit parameters set by the Civil Aviation Authority concerning safe and legal flying of unmanned aircraft. Should LAND VIEW MEDIA decide, on the agreed date, that services cannot be carried out the services will be re-scheduled. Should it not be possible for us to reschedule the services, Land View Media will issue a refund as per our cancellation policy. The company shall attempt to carry out LAND VIEW MEDIA Terms and conditions whenever possible.
- Cancellation policy
(a) Cancellation by us – In certain circumstances, we may be unable to perform the services contracted for reasons detailed in clause 6. Furthermore, there may be occasions when we are unable to perform the services due to the rules and regulations made by the Civil Aviation Authority concerning aerial photography. In any or all circumstances where we are unable to carry out the services then we have the right to terminate the contract for the provision of services without financial penalty on our part. In that event you will agree that our decision does not amount to a breach of contract and that you will not be entitled to compensation or damages for breach of contract. In such an eventuality, we shall issue you a 100% refund for any services that we have terminated (excluding clause 7d).
(b) Cancellation by you – any notice of cancellation of the contract must be received in writing by us from you. Unless we agree in writing otherwise you will be responsible for payment of pre flight costs (clause 4.3) where we have received notification of your cancellation with more than 2 (two) days notice of the intended flight. You will be responsible for payment of a cancellation fee equivalent to fifty per cent of the service contract amount for cancellations received with 2 (two) or less days. Should you cancel, after the pilot has departed for the operation, you will be responsible for paying 100% of the total service cost.
(c) Cancellation recommended by us – In the event that LAND VIEW MEDIA advises you that a flight needs to be cancelled and you continue to request the company to attend the site, full payment will be due, irrespective of whether or not any flight is undertaken or imagery or video recorded.
(d) Cancellation by us due to reasons that only become evident once on site or for reasons that we were not advised of beforehand then the full cost will remain due for payment. LAND VIEW MEDIA may, at its sole discretion, offer to reschedule the flight. You will be responsible for a reschedule payment of £150 plus additional travel costs as per our standard pricing.
- Performance of services – your contract for the performance of the services is exclusively with Land View Media. All work undertaken by us for you in performance of the contract, whether that is by any individual or other company, is carried out solely on behalf of Land View Media.
- 3rd Party Contractors:-
9.1 You accept, that in order to provide our service, we may use external contractors. These contractors may be sole traders, Limited companies and Limited Liability Partnerships.
9.2 All of the contractors that we use have been vetted to ensure that they hold all the legal permissions and insurances to operate commercially within the UK. Land View Media has collected data from all contractors relating to them holding a valid PfCO and insurance (including a minimum off £1 million public liability insurance). Whilst we have this information, we cannot be held liable or in any way accountable for the accuracy or validity of this information. In the event that an operator has provided us with false or inaccurate information, you agree that Land View Media shall not be held liable or accountable for the contractor’s actions or any damages, losses or costs incurred as a consequence of their actions.
9.3 In the event that contractor operates illegally, causes interruption, loss or damage, you agree that any litigation or prosecution will be solely directed towards the contractor and we will be fully indemnified.
9.4 The contractor’s role is to collect aerial imagery and/or video only. The contractor is not involved in any other aspect of your purchase. Outwith communication that you may have with the contractor, during their time on site, all communication relating to our contract is to be directed to Land View Media.
9.5 Should you require any additional aerial or photographic services, you agree not to purchase them from the contractor. Any such purchase would be regarded as a breach of contract, by you, with the full contractual fee being fully payable as well as any financial losses that we incur. Additional purchases need to be agreed with Land View Media in writing and paid for before they can be provided.
9.6 Should we, at our full discretion, determine that footage supplied by a contractor is sub standard or inaccurate, we will arrange either for the contractor to re-attend site at no extra cost to you or for a different contractor to attend the site at no extra cost to you. If neither can be achieved, we will issue a refund as per our cancelation policy.
- General Photography:-
10.1 All aerial imagery will be recorded on a minimum of 12MB cameras with ultra high definition capabilities. All aerial video will be recorded using 4K capable cameras.
10.2 The produced images and/or video may be provided in a lower resolution which is, at our sole discretion, more appropriate for the media for which it is intended.
10.3 2D mapping, 3D modelling, 360 degree panorama’s, elevation analysis and all other produced services will be provided in their relevant formats/file types and resolutions.
10.4 Images and videos recorded will be at the discretion of the pilot in command. You must notify us, in writing, if there are specific images or points of interests that you require included. Neither us nor our contractors can be held liable should we be unable to capture imagery or video that meets specific expectations due to circumstances outwith our control. We will always attempt to deliver a final product which reflects the brief however, given the fact that photography and videography is subjective, it has to be accepted that the final product may vary from your expectations. Minor variations in the final product, when compared to expectations, do not entitle the customer to a refund as per our cancellation policy nor can they be regarded as a breach of contract by us. Minor variations include but are not limited to the weather, shadows, time of year (for example sun height, leaves on trees, snow), camera angles or heights, animals or wildlife, parked vehicles or obstructions, people present in images/videos, shots that are not legal, safe or physically possible.
10.5 Should no brief be supplied by you, then all images and videos will be recorded at the discretion of the pilot in command on the day of the operation.
10.6 We shall review all images and videos before we provide you with the final product to ensure they are of a satisfactory standard. We reserve the sole right to determine which images and video are of acceptable standards.
10.7 COPYRIGHT All data, photographic or video material remains the property of Land View Media. Upon payment, of the full contractual price, Land View Media permits the client to use the data, photographic or video material for their own personal or business use including promotional, educational, marketing and training purposes. The client is not permitted to re-sell the data, photographic or video material to any 3rd party. In all time coming, Land View Media will be allowed to use any of the data for our own business purposes.
- General conditions: –
(i) We shall provide you with the contracted data and images only after full payment has been received and the data has been processed and produced. You shall have 28 days to download the data. The company accepts no responsibility nor liability for maintaining archive copies of data after the contract has been performed.
(ii) We shall not be responsible for any losses which arise directly or indirectly from the performance of the services except insofar as they are caused by the fault or negligence of our employees. You will keep free, relieve and indemnify us in respect of any losses, claims by third parties or other claims which are made as a result of any act, failure or omission on your part whilst we carry out the services. We accept no liability for delay or non-fulfilment of any terms of the contract by us caused wholly or in part by any “act of God” or any other occurrence which is not wholly in our control including, without prejudice to the foregoing generality, mechanical failure, adverse weather, geographical or environmental conditions, any war, strikes, lock outs, accidents, fire, scarcity of materials or other causes not within our direct control.
- Legal basis of contract – unless agreed in writing between us and you the Terms & Conditions of this Contract cannot be amended. The Contract shall be construed in accordance with Scots Law and you and we agree to submit to the exclusive jurisdiction of any Court of competent jurisdiction in Scotland.