Terms & Conditions 2016

1. Introduction

1.1 This website (“our Site”) promotes the business referred to on it. In these conditions, the business will be referred to as ‘we’ and/or ’our’. The term ‘UAV Operator’ refers to the Pilot-in-Command on the day of operation who is responsible for operating the aircraft. www.cloudbaseimages.co.uk is a site operated by Cloudbase Images Ltd. A company registered in England and Wales under registration number 09072261 at 33 Eastgate Street, Stafford, England, ST16 2LZ.

1.2 Use of our Site is on the following terms (the “Terms of Use”). If you do not agree to these Terms of Use, please stop using our Site immediately. By accessing and using our Site you are indicating your acceptance to be bound by these Terms of Use. They are a legal agreement between you and us and can only be amended with our consent. They should be read in conjunction with any details provided on our Site about how our Site operates and the services which are available.

1.3 We reserve the right to change these Terms of Use from time to time without prior notice by changing them on our Site.

2. Accessing our Site

2.1 We cannot guarantee that our Site will operate continuously or without interruptions or be error-free. You must not attempt to interfere with the proper working of our Site and, in particular, you must not attempt to circumvent security, tamper with, hack into, or otherwise disrupt our Site or any computer system, server, router or any other internet-connected device.

2.2 You are responsible for ensuring that your computer system meets all relevant technical specifications necessary to use our Site and is compatible with our Site. You also understand that we cannot and do not guarantee or warrant that any content on our Site will be free from infection, viruses and/ or other code that has contaminating or destructive properties. You are responsible for implementing sufficient procedures and virus checks (including anti-virus and other security checks) to satisfy your particular requirements for the safety and reliability of data input and output.

2.3 From time to time, we may restrict access to certain features or parts of our Site, or our entire Site. We reserve the right, in our discretion, to withdraw, suspend or modify our Site or certain features or parts of our Site with or without notice to you, where we have reason to do so. You agree that we will not be liable to you or to any third party for any withdrawal, modification, unavailability, suspension or discontinuance of our Site or any service available on or through our Site.

3. Using our Site

3.1 You must use our Site and the information available from our Site responsibly. No such information may be used for or in connection with any unlawful, immoral or anti-social purpose, or in a manner which is or may be damaging to our name or reputation.

3.2 You cannot use our Site:

a. for any unlawful purpose;
b. to send spam;
c. to harm, threaten, abuse or harass another person, or in a way that invades someone’s privacy or is (in our reasonable opinion) offensive or is unacceptable or damaging to us, our customers or suppliers;
d. to create, check, confirm, update or amend your own or someone else’s databases, records, directories, customer lists, mailing or prospecting lists;
e. to tamper with, update or change any part of our Site;
f. in a way that affects how it is run;
g. in a way that imposes an unreasonable or disproportionably large burden on us or our suppliers’ communications and technical systems as determined by us; or
h. using any automated means to monitor or copy our Site or its content, or to interfere with or attempt to interfere with how our Site works.

4. Intellectual property rights

4.1 All content on our Site including but not limited to text, software, photographs and graphics is protected by copyright. We, or our licensors, own copyright and/or database rights in the selection, coordination, arrangement and enhancement of such content, as well as in the original content. Except as expressly set out in these Terms of Use, nothing in these Terms of Use shall give you any rights in respect of any intellectual property owned by us or our licensors. You shall not assert or attempt to obtain any such rights and you shall not use, copy, reproduce, modify, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit, our name, trademarks, logos or other proprietary marks, or any of the content of our Site, in whole or in part, without obtaining a licence from us or our licencors, except as provided in these Terms of Use.

5. Our liability

5.1 Although we hope our Site will be of interest to users, we accept no liability and offer no warranties or conditions in relation to our Site or its content, to the fullest extent such liability can be excluded by law.

5.2 There is no limit to what we and the people who provide our services will be liable for if someone dies or is injured because of our negligence or because we have committed fraud.

5.3 Under no circumstances will we, the owner or operator of our Site, or any other organisation involved in creating, producing, maintaining or distributing our Site be liable, whether in contract, tort (including negligence), breach of a statutory duty, even if foreseeable, for any loss of:

a. profits, sales, business, or revenue;
b. business interruption;
c. anticipated savings;
d. business opportunity, goodwill or reputation;
e. use of, or corruption to information; or
f. information.

5.4 If we do not keep to these conditions, then we will only be liable for losses you have suffered as a direct result. We are not liable to you for any other losses whether such losses are because we have not kept to our obligations or contract, because of something we have done or not done in negligence, due to defamatory statements or liability for a product or otherwise as a result of:

a. use of, or inability to use, our Site;
b. use of or reliance on any content displayed on our Site; any mistake, fault, failure to do something, missing information, or virus on our Site or if it does not work properly because of incidents outside of our control such as (but not limited to) interruptions to communication and networks and circumstances beyond our control;
c. theft, destruction of information or someone getting access to our records, programs or services without our permission; or
d. goods, products, services or information received through or advertised on any website which we link to from our Site.

6. General

6.1 Where our Site contains links to other websites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those websites or resources.

6.2 Any formal legal notices should be sent to us using the details set out on our Site.

6.3 Failure by us to enforce a right does not result in waiver of such right. You may not assign or transfer your rights under these Terms of Use.

6.4 If any part of these Terms of Use is found to be unenforceable as a matter of law, all other parts of these Terms of Use shall be unaffected and shall remain in force.

7. Governing Law and Jurisdiction

7.1 These conditions make up the whole agreement between you and us in how you use our Site. If a court decides that a condition is not valid, the rest of the conditions will still apply.

7.2. The laws of England and Wales apply to your use of our Site and these conditions. We control our Site from within the United Kingdom. However, you can get access to our Site from other places around the world. Although, these places may have different laws from the laws of England and Wales, by using our Site you agree that the laws of England and Wales will apply to everything relating to you using our Site and you agree to keep to these laws. We have the right to take you to court in the country you live in.

8. How to contact us

8.1 If you experience problems with our Site or would like to comment on it, please feel free to contact us by using the details set out on our Site.

Trading Terms

1. Introduction

1.1 The terms contained in this document (Trading Terms) apply to all transactions for the purchase of products and services (each a “Service” or, two or more, the “Services”) from the Site. By ordering any Services from our Site you are indicating your acceptance to be bound by these Trading Terms. They form a legal agreement between you and us and can only be amended with our consent. You can print a copy of these Trading Terms by selecting the print option from the “File” menu of your browser.

1.3 We reserve the right to change these Trading Terms from time to time without prior notice to you, provided that any such change will not affect any purchases you have made before the change is implemented.

2 Operational considerations

2.1 Imagery services (photography and/or videography) are based on the amount of time spent on site. This includes but is not limited to set up, planning, UAV operation and digital file transfer.

2.2 The Client agrees to assist and cooperate with the UAV Operator in obtaining the desired Imagery.

2.3 Pre-shoot consultations if required may be subject to additional costs. The UAV Operator shall not be responsible for Imagery not taken as a result of the Client’s failure to provide reasonable assistance and cooperation. The Client agrees work performed is on a best efforts basis in the capturing the Imagery.

2.4 Images. The UAV operator will endeavour to capture the Imagery as requested by the Client, providing there is sufficient time for the UAV operator to stage and execute the shoot and that there is no risk of any damage to property or any safety concerns for the public or spectators. The UAV operator has the right to refuse any unsafe or unlawful UAV flying operations.

2.5 Operational Changes. The UAV Operator may request changes if it is determined that any flight operation could impair the operational safety of the equipment, persons, property or violate any laws.

2.6 Imagery digital files will be made available to the Client usually via email or a cloud-based storage system such as Dropbox.

2.7 Cancelations. If the Client no-longer proceeds with the scheduled, confirmed work. The Clients original date can be changed (for that particular job) at no additional cost, providing that the day is available for the UAV operator.

2.8 Copyright. The Author of the Imagery grants the Client unlimited but non-exclusive use to reproduce the Imagery supplied.

2.9 Equipment can malfunction or become damaged at any time. In the event that equipment malfunctions or otherwise becomes damaged at the time of the aerial work, the Client agrees to provide full payment of the hours worked until the time of the equipment malfunction or has become damaged. The remaining time not worked will be refunded in full and Imagery taken up until that time will be supplied to the client.

2.10 Poor Weather Conditions. The UAV Operator or the Client may request rescheduling of the Imagery in the event of poor weather that only includes rain or high unsafe wind conditions up to 24 hours prior to the scheduled work. Cloudy conditions do not fall under the definition of poor weather. On the day of the event if poor weather exists, the UAV Operator will contact you in advance. If contacted by telephone or email, or upon arriving at the shooting location and it is determined that weather is beyond the UAV’s safe working parameters, the UAV Operator may cancel or reschedule. If aerial filming has commenced as agreed upon by the client at the scheduled time and has latter been cancelled due to poor weather, then the client will be charged for the imagery as originally quoted. All efforts will be made to obtain the imagery as originally quoted, taking into account the current and expected weather conditions of the day.

2.11 Travel expenses. Mileage is charged at a rate of £0.50 per mile as calculated from ST16 2RR and will be included in the quotation when it is provided to you (if applicable).

2.12 Client Permissions. The client must obtain the relevant permissions for certain UAV operations to take place. This permission is often required for locations like parks, major landmarks or private property and is very similar to the usual requirements for the undertaking of normal filming or photography. If required, we can seek to obtain these approvals and will pass any additional costs directly onto the Client. If any required approvals are not obtained and the Imagery cannot proceed as a consequence then the original quoted cost will be charged to the Client.

2.13 The UAV Operator as an agent of Cloudbase Images Ltd is solely contracted to the Client and therefore the Client must understand these Terms and Conditions before accepting any quotation.