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Aerial Photography Terms and Conditions
Pulse Corporation Ltd Terms and Conditions of Hire
All charges exclude VAT, which will be charged at the prevailing rate, and are subject to these Terms and Conditions
The hirer acknowledges that the hirer has read this Agreement and both understands and agrees with Pulse Corporation Ltd regarding all of the following Terms and Conditions, which apply to all hiring, quotations made and purchase orders accepted. Quotations made or provided as a result of this document are bound by these Terms.
These Terms were last amended on 4th February 2013..
ORDER ACCEPTANCE POLICY
1. Pulse Corporation Ltd herein after referred to as ‘Pulse’, reserves the right at any time to accept or refuse service and sales for any reason. Pulse reserves the right to require additional verifications or information from the purchaser before accepting any order or providing services. The purchaser agrees that the receipt by Pulse of an electronic or printed copy of an order form does not indicate Pulse’s acceptance of the purchaser’s order, neither does it constitute confirmation of Pulse’s offer to sell.
2. The purchaser acknowledges and agrees that title and ownership of all ordered products shall remain with Pulse until the full purchase price for the same has been satisfied to Pulse.
3. Written quotations are valid for 30 days and will be supplied for all aerial assignments 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 Pulse and to avoid errors. The brief may need to include, but is not limited to, full postal address with postcode, 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.
4. The quotation and fee will be inclusive of all preparatory work, provision of any written documentation (eg. Method Statements and Risk Assessment where required) or permission required (e.g. by the Civil Aviation Authority, Air Traffic Control, Police and relevant landowners), travel and accommodation (where necessary) and post-production processing work (not normally included) and delivery of images. For UAV work, unless otherwise stated, the quotation will be for the amount of aerial photography reasonably achievable within one day.
5. The fee quoted will reflect the proposed uses of the images, as stated by the Client, for which Full Personal Reproduction Rights will be granted. A series of assignments is treated as a set of individual contracts. Additional Reproduction Rights may be negotiated at a future date.
6. Terms of payment are within Pulse’s sole discretion, and, unless otherwise agreed to in writing by Pulse, for private and personal bookings, a 100% deposit (including VAT) must be received prior to Pulse’s acceptance of an order. For commercial bookings a written Purchase Order must be received. Pulse reserves the right to request a deposit with Order to cover non-recoverable costs. Orders are not binding upon Pulse until accepted in writing by Pulse. In the case of work being required by the client to be done in phases, Pulse reserves the Right to partially invoice at stages. Pulse reserves the right to add statutory Late Payment Interest (Base Rate + 8%) to overdue accounts [Late Payment of Commercial Debts (Interest) Act 1998].
7. If a site survey is needed prior to the quotation, the cost will be agreed and invoiced in advance. The Client must confirm in writing that it has permission to access the ground that will be used to take off and land.
CANCELLATION BY PULSE
8a. If Pulse cannot fly due to adverse weather conditions or mechanical failure, Pulse will refund 100% of advance monies paid for that day. We and you have to accept that there will be times when we cannot fly and we'd rather you went away and bore us in mind for the future, than take your money come what may and never hear from you again. Costs incurred prior to the day such as paid-for Site visits and meetings are excluded and remain due for payment.
8b If Pulse cannot fly due to reasons that only become evident once on site or for reasons that Pulse was not advised of beforehand then the full cost will remain due for payment. Pulse may, at its sole discretion, offer a discount on a reshoot should one be scheduled.
CANCELLATION BY YOU
9. Notice of cancellation by the Client must be received in writing by Pulse and are not vaild until confirmed in writing by Pulse. Cancellation fees are payable according to the following schedule:
a. Prior to Deposit being paid – Nil.
b. Following Deposit paid and greater that 14 (fourteen) days written notice to Pulse – the deposit will be forfeited but credited to your Account. If you book with us within 12 months, it can be used as a credit against the booking. If twelve months elapses, the deposit is forfeited. The Deposit is non-transferrable.
c. Following Deposit paid and less than 14 (fourteen) days but greater that 2 (two) days written notice to Pulse – the Deposit only.
d. Following Deposit paid and less than 2 (two) days notice – 50% of the agreed fee less the Deposit already paid.
Notwithstanding the above schedule, if any costs have been incurred by Pulse following written instruction from you (for example, but not limited to an agreed Site Survey cost) these costs will remain due for payment
PERMISSION TO CONDUCT AERIAL PHOTOGRAPHY
10. Flight permission is generally granted within a day or so, however with UAV photography, permission from the Civil Aviation Authority (CAA), local Police, other authorities and relevant landowners, when needed, can take several weeks (CAA may require up to 28 days written notice of intention to fly. 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.
PHOTOGRAPHIC MATERIAL SUPPLIED
11. Still photographic or video material will normally be shot on digital camera equipment and supplied as unedited RAW or low compression jpegs. Video material will normally be supplied as unedited rushes. As a minimum, you will need to put the video through stabilisation software during post-processing to obtain smooth footage. Images will be supplied on CD-ROM or DVD.
12. Retouching, digital manipulation and stitching of supplied images is available at an additional cost, when feasible. While we will endeavour to provide an accurate colour rendition of the original scene, we cannot guarantee to match the colour perceived by the human eye. All original photographic material (i.e. negatives, high-resolution digital RAW/tiff files and/or Videotape) remains the property of Pulse.
13. Reorders, reprints and enlargements etc. from the original material can be supplied on request. Reorders will be treated as an extension to this contract and should include Image Reference Numbers and are required in writing. A written quotation will then be supplied. Finished materials are normally dispatched within 10 working days of completion of the location work.
LEGAL: REPRODUCTION RIGHTS, MORAL RIGHTS AND COPYRIGHT (COPYRIGHT, DESIGNS AND PATENTS ACT 1988) AND PROPERTY MISDESCRIPTIONS ACT 1991.
14. Full Personal Reproduction Rights of the commissioned material passes to the Client upon full settlement of the final invoice. This allows reproduction for all uses stated on the Quotation from Us. By default and in the absence of any stated use, this will be 'General Marketing'.‘General Marketing’ use excludes use for ‘merchandising’ (e.g. reproduction of an image for promotion on goods for resale), for which an additional fee will need to be negotiated.
15. Unless agreed in advance, use of the images by any third party (including, but not limited to, newspapers, magazines, book publishers, television, film and the Internet) will only be granted following written permission from Pulse. This will incur a negotiated Reproduction Fee.
15a. Subject to Paragraphs 14 and 15, above, the following two exceptions do not need advance written permission from Pulse:-
i. Any third party working directly for the Client such as a Company creating publicity material for the Client incorporating the commissioned material
ii. Newspaper Editorial Contetnt for a news item about the Client provided that the text "Photograph (C) Overshoot Photos" is clearly visible adjacent to the image for printed content and for online content the aforementioned text is clearly visible and all the text hyperlinks to Overshoot Photo's Home Page (http://www.overhsoot-photos.co.uk/)
16. For the first six months after the start of the shoot, the Client has exclusive Reproduction Rights. After this time or, during this time if the Client agrees to waive its exclusivity, Reproduction Rights are non-exclusive and the Client permits Pulse, who retains copyright of all photographic images supplied, the right to use any images for photographic library use, publications and other uses without reference to the Client.
17. We abide by the Property Misdescriptions Act 1991. We will not alter our images to deliberately mislead the viewer. We remind users of our images that publishing old images (which were taken much earlier when the views were significantly different), without indicating capture date, could be misleading. Both of these activities may be considered as offences under this Act
LIMITATION OF LIABILITY, WEATHER, FORCE MAJEURE, ACT OF GOD AND OTHER CONSTRAINTS
18. As with any outdoor location photography, a successful outcome depends upon suitable weather conditions and for them to be forecast accurately. A decision to photograph on a particular day is normally delayed to the last practical moment to maximise the chance of suitable weather. Should the weather on the day not be as forecast and the assignment needs to be postponed, or there is some other reason why the work could not be completed due to Pulse’s fault, then either there will be no additional charge to the Client for a return visit to complete the work or the Client can request a full refund of monies paid to Pulse in respect of the cancelled time. No refund will be made for any chargeable preparation work already carried out.
19. The UAV and camera weigh approximately 1.5Kg. Whilst the UAV has build-in self-stabilising measures, it is a flying platform and is subject to movement by the wind and will tilt whilst being held against the wind. This will impact on the image quality, steadiness and the angle of the picture(s). We will endeavour to obtain the best quality pictures for the conditions and certain adjustments (such as skew to square up the image) can be made afterwards in post-processing. However, the images and video are not guaranteed to be steady and of broadcast standards (for instance). If you need rock-steady images or video, you should consider using a self-stabilising camera on a crane or similar mount instead.
20. If the work could not be completed due to Client reasons (e.g. lack of access or unscheduled site activity etc), the Client may be charged to recover costs and time.
21. Pulse will always endeavour to complete its assignments by proposed completion dates. However, due to weather and other operational constraints, Pulse cannot guarantee completion on or by any specific date. It, therefore, cannot be held responsible for any missed publishing or other deadlines or any consequential costs involving the timing of the commission.
22. The completion of work is subject to alteration or cancellation due to any cause(s) beyond our control. Certain requested shots from specific locations, directions and heights, quoted to be undertaken, may not be possible on the day for various operational reasons. In this case, the best possible alternative shot(s) will be supplied and these will be deemed to fulfil the contract
23. Battery limitations mean that each flight will last a maximum of approximately 10 minutes. This will normally generate 6-8 minutes of photographically usable flight time. After this time, the UAV must descend for a battery change.
24. The quality (e.g. exposure and sharpness) of photographs taken after sunset (which require the camera to be relatively still at the point of exposure) cannot be guaranteed and usually will not be attempted. Images required to be taken into the sun will undoubtedly suffer, to some degree, from lens flare and other detrimental effects.
25. In exceptional circumstances, Pulse may not be able to completely fulfil or complete a contract at all. In these cases, it will refund part or all of any deposit received and not accept any other liability. In any event, the liability of Pulse will be limited to the total value of the contract with no liability accepted for indirect and/or consequential loss.
26. Pulse does not accept liability for errors resulting from incomplete or inaccurate instructions from the Client’s written brief, nor for delays or restrictions caused by Air Traffic Control, CAA or the Police or similar Bodies.
27. Whilst back-up copies of CDs are usually kept, Pulse accepts no responsibility nor liability for maintaining archive copies of photographic material after the work has been delivered to and accepted by the Client.
28. Pulse has all necessary insurances, including Public Liability Insurance, with an indemnity of up to 5 million pounds.