1.1 “360UAS”, “360 Unmanned Aerial Services”, “360 Aerial Imagery”, “Us” and “the Company” or variations thereof shall mean Unmanned Aerial Services Ltd.
1.2 “Client”, “Customer”, “User”, “You” or variations thereof shall means clients, customers and website users of the Services provided under this agreement.
1.3 ”Services” means any of the services provided under this agreement including, but not limited to, the provision of videography, photography, training and product sales.
Videography and Photography Services
2.1 360 Unmanned Aerial Service Ltd is a Civil Aviation Authority (CAA) approved commercial Small Unmanned Aircraft (SUA) operator with permission to conduct aerial work.
3.1 There are a number of factors that may influence a quotation for aerial and ground work (photography & videography) including, but not limited to; location, local congestion, weather conditions, safety factors, landowner permissions and the potential requirement for additional CAA approvals.
3.2 Written quotations will be valid for 30 days and will be provided on receipt of a clear and accurate brief from the Client. A written mission brief is required in advance to ensure the objectives are well defined for both the Client and 360UAS.
3.3 The quotation and fee will be inclusive of all preparatory work, provision of written documentation such as checks lists, safety briefings and risk assessment or permission required (e.g. Civil Aviation Authority, Local Air Traffic Control, Local Police, other Emergency Services and applicable landowners).
3.4 The cost of post-production processing of imagery and preparation of still images will be separately set out in the quotation, where applicable.
3.5 The fee quoted will reflect the proposed uses of the images, as required by the Client, for which Full Personal Reproduction Rights will be granted.
3.6 Travel expenses for UK work will be billed at 50p per mile. If accommodation is needed, that will also be charged at cost but this will be agreed with the Client in advance.
4.1 Payment is to be made in full before the commencement of each assignment, unless otherwise agreed with 360UAS.
POSTPONEMENTS AND CANCELLATIONS
5.1 The Company reserve the right to postpone or cancel filming due to, but not limited to; adverse weather conditions, safety concerns or other factors relating to the CAA regulations for use of Unmanned Aerial Vehicles (UAVs). Under these circumstances, the Client will be briefed and an alternative date for the mission will be arranged. If filming cannot be re-scheduled 360UAS will refund part of any fee received.
5.2 The Company will endeavour to complete all assignments by the proposed completion dates. However, due to adverse weather or other operational limitations, we cannot guarantee completion by a specific date and cannot be held responsible for any missed Client deadlines or any consequential costs involving the timing of the assignment.
5.3 If a mission is postponed by the Client and is not rescheduled due to the Client no longer requiring our services the Client may be charged to recover costs and time incurred.
LIMITATIONS OF LIABILITY
6.1 The Company carries all regulatory required insurances, including Public Liability Insurance, with an indemnity of up to GBP5 million.
6.2 There may be footage requested by the Client from specific angles and/or altitudes that may not be possible on the day of filming. In this circumstance, 360UAS will capture the best possible alternative footage or images and these will be deemed to fulfil the requirements of the Client brief.
6.3 Due to operational limitations or other circumstances beyond our control, 360UAS may not be able to complete a mission in part, or at all. In this circumstance, 360UAS will refund part or all of any fee received and not accept any other liability.
6.4 The liability of 360UAS will always be limited to the total value of the contract with no liability accepted for indirect and/or consequential loss.
6.5 The Company does not accept liability for errors resulting from incomplete or inaccurate instructions from the Client’s brief.
6.6 Video footage and still images are backed up and retained, but 360UAS accepts no liability or responsibility for maintaining these archives after the work has been delivered to and accepted by the Client.
COPYRIGHT AND USAGE
7.1 Unless a transfer of copyright of the video footage and/or still images is agreed in advance with the Client, 360UAS will retain the copyright of all filming content. The Client will retain full use of the material, but will not sell or allow 3rd party companies to use it without the prior agreement of 360UAS.
7.2 The Company reserves the right to use any of the captured video footage or still images for promotional purposes, including, but not limited to; inclusion in 360UAS showreels published on our website or other online service providers.
7.3 The Company reserves the right to publish the video footage and/or images to stock libraries once the footage has been published by the Client.
Use of 360UAS websites
8.1 By using our websites, Users accept these terms and conditions in full; accordingly, if Users disagree with these terms and conditions or any part of these terms and conditions, they must not use our websites.
8.2 If Users register with a 360UAS website or make a purchase on the websites, they will be asked to expressly agree to these terms and conditions.
8.4 The Company may collect, retain and make use of personal data during the course of normal business activities. The types of information collected include: IP address, geographical location, referral source, number of pages viewed and time spent on the site. Cookies are used on this website.
8.5 The Company owns and controls all the copyright and other intellectual property rights in websites owned and/or operated by the Company; and all the copyright and other intellectual property rights in our website and the material on our website are reserved.
8.6 Users may view, download and /or print pages from our websites; and also stream audio and video files from our website.
8.7 Except as expressly permitted, you must not download any material from our websites or save any such material to your computer.
8.8 Except as expressly permitted, you must not edit or otherwise modify any material on our websites.
8.9 Users must not: republish, sell, rent of sub-license material from our websites; show any material from our website in public; exploit material from our website for a commercial purpose; redistribute material from our website; take any action that causes, or may cause, damage to the website or impairment of the performance, availability or accessibility of the website; use our website in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity; use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus or other malicious computer software; conduct any systematic data collection activities on or in relation to our websites without our express written consent; use data collected from our website for any direct marketing activity (including email/SMS marketing, telemarketing and direct mailing).
8.10 The Company reserves the right to restrict access to areas of our websites, or websites, at our discretion; you must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on our website.
8.11 You must ensure that all the information you supply to us through our website, or in relation to our website, is true, accurate, current, complete and non-misleading.
8.12 The Company does not pass any personal details collected through the websites to any third parties for marketing purposes. In the event that these information practices change at some time in the future we will update this section of the website to notify customers before we use the data gathered for these new purposes. If you feel that the websites are not following our stated information policy, you may contact us at the following email address: email@example.com
9.1 Advertising of products on the websites operated by 360UAS constitutes an "invitation to treat" rather than a contractual offer.
9.2 The Company may, from time-to-time, change the products available on our websites, and does not undertake to continue to supply any particular product or type of product.
9.3 Prices and product descriptions published on our websites may be stated incorrectly.
9.4 The sale and purchase of products through our websites will be subject to terms and conditions, and you will be required to agree to these terms each time a purchase is made on our websites.
9.5 Any product reviews that you submit for publication on our website shall be subject to the terms of Section 7.
REGISTRATION AND USER ACCOUNTS
10.1 To be eligible for an individual account on 360UAS websites, you must be at least 18 years of age.
10.2 You may register for an account by completing and submitting the account registration form on our website, and clicking on the verification link in the email that the website will send to you.
10.3 You must notify us in writing immediately if you become aware of any unauthorised use of your account.
10.4 You must not use any other person's account to access 360UAS websites.
10.5 If you register for an account with a 360UAS website, you will be asked to choose a user ID and password.
10.6 You must keep your password confidential and notify us in writing immediately if you become aware of any disclosure of your password.
10.7 You are responsible for any activity on our website arising out of any failure to keep your password confidential, and may be held liable for any losses arising out of such a failure.
10.8 The Company may at any time and without notice or explanation may: suspend your account; cancel your account; and/or edit your account details
10.9 You may cancel your account at any time by contacting us at firstname.lastname@example.org
REFUNDS AND CANCELLATIONS
11.1 If you are a consumer, you have a legal right to cancel and return items that are unused.
11.2 You have a period of 14 (fourteen) working days in which you may cancel. After the 14th day the goods come into the physical possession of the Customer, or a person, other than the carrier, identified by the Customer to take possession of them. Saturdays, Sundays or public holidays are not included in the calculation of working days.
11.3 Customers must notify our support team on +44 (01289 307474) or email email@example.com to discuss individual refund and cancellation requests.
11.4 The customer will pay for the shipping (by recorded postal/courier service) of the item back to 360UAS at the business address shown below.
11.5 Any items that are used and damaged are not covered by this refund clause.
12.1 Deliveries of purchases made by Customers will be made via tracked courier as soon a practical once the order is confirmed and payment has been received.
13.1 If a User breaches the provision of these terms and conditions in any way, or if 360UAS reasonably suspect that there has been a breach, we may delete or edit any or all of the User content.
13.2 User content must not be illegal or unlawful and must not infringe any individual or entity legal rights.
13.3 User content must not: be libellous or false; be obscene or indecent, offensive, deceptive, fraudulent, threatening, abusive, harassing, anti-social, menacing, hateful, discriminatory or inflammatory; or infringe any copyright, moral right, database right, trade mark right, design right, right in passing off, or other intellectual property right; constitute an incitement to commit a crime, instructions for the commission of a crime or the promotion of criminal activity; be in breach of racial or religious hatred or discrimination legislation; be pornographic, lewd, suggestive or sexually explicit; be untrue, false, inaccurate or misleading; cause annoyance, inconvenience or needless anxiety to any person.
14.1 If you learn of any unlawful material or abusive activity on our websites that breaches these terms and conditions, please let us know by emailing firstname.lastname@example.org
15.1 The Company does not warrant or represent: the completeness or accuracy of the information published on our websites; that the material on the website is up to date; or that the website or any service on the website will remain available in the future.
LIMITATIONS ON LIABILITY
16.1 All content, materials and information on the Company’s websites created for Users are provided on an “as is” and “as available” basis without any representation or endorsement made and without warranty of any kind whether expressed or implied, including but not limited to the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy.
16.2 To the fullest extent permitted by applicable law, 360UAS will not be liable for any indirect or consequential loss or damage whatsoever (including without limitation loss of business, profits, contracts, goodwill and/or any other economic loss).
16.3 The Company makes no warranty that the websites or any Services available on the websites will meet your requirements, that content will be accurate or reliable, that the functionality of the websites or any Services available on it will be uninterrupted or error free, that defects will be corrected or the Services or server that makes them available are free of viruses or anything else which may be harmful or destructive.
16.4 This agreement is personal to the User who may not without the Company’s prior written consent a) assign or dispose of it; b) part with any interest in it; or c) grant any lease or licence or delegate any of the rights conferred by it.
16.5 Commentary and other materials posted on 360UAS websites are not intended to amount to advice on which reliance should be placed. The Company therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any website visitor, or by anyone who may be informed of any of its contents.
Use of third party websites
17.1 The Company’s websites include hyperlinks to other websites owned and operated by third parties; these hyperlinks are not recommendations made by 360UAS.
17.2 We have no control over third party websites and their contents, and accept no responsibility for them or for any loss or damage that may arise from your use of them.
Intellectual Property & Conditions of Use
18.1 The User acknowledges that 360UAS, the Service, and all programs, data, information and other items included in the Services constitute valuable intellectual property and trade secrets of 360UAS. The User agrees to take all reasonable steps to protect the intellectual property rights (“IPR”) of the Company.
18.2 The User shall not make any use of any of the Company’s IPR including without limitation any trade marks, service marks, business names, logos, designs or domain names of the Company without the prior written consent of 360UAS.
18.3 The User will procure that it will at all times comply with the restrictions on the use of the Services set out herein or otherwise notified to them by or on behalf of 360UAS.
18.4 None of the User, its employees or agents will use any automatic device or manual process to monitor or copy any pages of 360UAS websites or the content contained therein other than in accordance with the proper functionality thereof nor will any of the foregoing use any device, software or routine to interfere or attempt to interfere with the proper working of the Company.
19.1 The Company shall not be liable for any failure in the performance of any of its obligations under this agreement caused by factors outside its control.
20.1 This agreement is the exclusive statement of the agreement between the parties related to the subject matter hereof. It supersedes all understandings and prior agreements, whether oral or written, between the parties in respect of the subject matter hereof. The parties both agree that they did not rely on any statement made by the other party before agreeing to these terms and conditions and hereby waives any remedy which might otherwise be available to them in respect of any untrue statement (whether made innocently or negligently) before agreeing to these terms and conditions.
Law & Jurisdiction
21.1 This agreement shall be governed by and construed in accordance with the laws of England, and the rules and regulations of any intermediary organisation or entity through which any Services are provided, as any of the same may be amended from time to time, and the User acknowledges that use of a Service following any amendment shall be deemed to be the User’s consent to such amendment. The User hereby irrevocably submits to the non-exclusive jurisdiction of the courts of England over any action or proceeding relating to this agreement.
22.2 The Company makes no claim that any websites created for Users are appropriate for access or use in any particular jurisdiction, and cannot be held responsible for non-compliance with any local laws or regulations in relation to the contents or the Sites. Access and/or use of the Sites and their contents is at the User’s own risk, and the User is responsible for compliance with the laws of any jurisdiction to which the User is subject.
23.1 Any notice given under this agreement shall be in writing and may be served by registered mail to the address provided to the Company or by e-mail provided to the Company
23.2 At each party’s address for the service of notice shall be its registered address, or such other address as it specifies by notice to the other, notice shall be deemed to have been served: if served by registered mail 48 hours after it was posted; and b) if it was served by e-mail at the time of transmission.
24.1 Except as expressly provided for in this agreement no variation or amendment of this agreement or oral promise or commitment related to it shall be valid unless committed to writing and signed by or on behalf of both parties.
24.2 If any provision of the agreement is declared invalid or unenforceable, such provision shall be struck out and the remaining provisions shall remain in full force and effect.
24.3 The headings are for convenience of reference and shall not affect the construction or interpretation of this agreement.
24.4 A third party who is not a party to this Contract has no right under the Contract (Rights of Third Parties) Act (Cap 53.B) (the “Act”) to enforce any term of the Contract but this does not affect any right or remedy of a third party which exists or is available apart from the Act.
Statutory and regulatory disclosures
360 Unmanned Aerial Services Ltd is a company registered in England and Wales under registration number: 09628142
360 Unmanned Aerial Services Ltd is registered with the Information Commissioner's Office under registration number: ZA154910
360 Unmanned Aerial Services Ltd VAT number is 216 5030 46
360 Unmanned Aerial Service Ltd is approved by the Civil Aviation Authority (CAA) as a commercial Small Unmanned Aircraft (SUA) operator with permission to conduct aerial work. CAA ID number: 1137