It is mutually agreed that the following terms of agreement (‘Terms’) form an integral part of this assignment and that no variation or modification shall be applied unless accepted by both Flyibot and the Client, in writing.
Acceptance – The Client deems to accept the following Terms, by conduct, upon instructing Flyibot.
Pricing – Flyibot will invoice the Client in accordance with the proposal. Pricing will be transparent but will take into account the location of the task, relative risk & difficulty, pre & on-site survey assessments, equipment requirements, extra Civil Aviation Authority (‘CAA’) permissions, additional manpower requirements, estimated time on assignment and travel costs. Where editing is required this will be charged separately but will be included on the invoice. Travel costs will be charged at 40p per mile, unless agreed otherwise in writing.
Payment - 50% of agreed fee upon booking as stated on the invoice, paid electronically or by cheque into Flyibot bank account. Payment details will be stated on the invoice. Remaining 50% payable immediately upon completion of assignment and delivery of appropriate imaging to the Client in the requested format. As a small company we depend on good cash-flow and timely payment. Payment must be made in full before any of the work is published by the Client.
Data collection or delivery - All images and video will be made available at the earliest opportunity, normally with 5 working days including any editing that maybe required. We can provide the data on USB flash stick or usually through specialist transfer via email. Still images can be provided in their RAW data files for editing by the Client. Some JPEG images may be emailed to the Client depending on file size. We also use Vimeo as the host for video access when required.
Cancellations - Should Flyibot have to cancel the task for reasons beyond their control (death, injury, sickness, etc.), their liability shall be limited to a full refund of all monies paid. If the Client cancels before the assignment date and cannot re-schedule, the deposit will be forfeited and retained by Flyibot. If the Client fails to arrive for the assignment at the appointed time and date specified, the 50% deposit will be forfeited and retained by Flyibot. We try to be fair and will look at any problem on a case by case basis.
Postponement/re-schedule - Should the assignment have to be postponed for reasons beyond Flyibot’s control (e.g. adverse weather conditions), and re-schedule is not an option then a full refund of the deposit will be made. Where re-schedule is possible the deposit will be forwarded to the new date.
Weather -We are totally subjected to weather conditions and this will determine whether an assignment can proceed or not. Like all forms of aviation the weather can be both our friend and our foe but as a rough guide we can operate in winds of up to around 20mph but no precipitation.
Safety -This will remain our number one priority at all times, the remote pilot/operator’s decision is final. We have an obligation to remain safe and legal and we will adhere to the publications and articles laid down by the CAA - CAP 393 & 722 of the Air Navigation Order.
Electronic Image Data Storage - When images and video are captured and then delivered to the Client it is then the Client’s responsibility to archive these images. However, Flyibot will archive material for up to six months.
Copyright, ownership and use of data - The entire copyright in the images/video and ownership of all physical materials is retained by Flyibot at all times in any part of the world and may use those images for the purpose of advertising or marketing of Flyibot itself.
From the date on which Client makes full payment of the relevant invoice, Flyibot grants to the Client a non-exclusive and revocable license to use the materials. No use may be made of the still images or video before payment in full has been made and in line with that stated on the invoice. Any permission that may be given for prior use will automatically be revoked if full payment is not made by the due date or if the Client is put into receivership or liquidation. The licence to use only applies to the Client and products as stated on the invoice and its benefit shall not be assigned to any third party without Flyibots written permission. Accordingly, even where any form of ‘All Media Licence’ is granted, Flyibot’s permission must be obtained before any use of the images for other purposes e.g. use in relation to another product or sub-licensing.
Creative licence - Flyibot shall be granted creative licence in relation to the subject matter from a video and still image perspective. Flyibot’s judgement on camera settings shall be deemed correct as will the number of images and timed video footage. Some requested images may not be possible due to changes in weather, accessibility and perceived risk to property, people and equipment. Flyibot will do their best to honour the requested image profiles but do not undertake to guarantee any specific image or video nor incorporate any specific background.
Privacy Notice & confidentiality – To comply with General Data protection Regulations, Flyibot will keep Client details and commissioned images totally secure and confidential and will not disclose to any third parties or make use of material or information communicated to him/her in confidence for the purposes of the images, save as may be reasonably necessary to enable Flyibot to carry out their obligations in relation to the commission. Flyibot will store the Client’s name, address and contact details on a private internal database which in itself is password protected. These details will not be made available to third parties and will remain on Flyibots system for a maximum of 2 years. Should you wish to have your details removed from our database before the two years, please advise us in writing. Flyibot takes privacy very seriously. We simply do not conduct work that involves the invasion of anyone’s privacy and we do not accept assignments if we think privacy is at risk. We do not and will not sell on any data to third parties.
We fully understand that whilst we are filming, people may feel concerned that we have captured images that might infringe their privacy. We can guarantee that if any footage does compromise privacy then it will have been done without any intention and whenever we review our footage, should we find any imagery that compromises someone’s data or privacy, we will delete it immediately. However, we also believe in being utterly transparent so if you have any queries regarding the footage we have taken then please do not hesitate to contact us.
Liability – Flyibot’s entire liability to the Client in respect of any breach of its contractual obligations, any breach of warranty, any representation, statement or tortious act or omission including negligence arising under or in connection with any assignment carried out for the Client shall be limited to the agreed fees in relation to that shoot. Flyibot shall not be liable for any losses arising as a result of the Client’s use of the material. Flyibot shall not be liable to the Client for any loss of profit, loss of contracts, loss of business or revenues, loss of production or for any indirect, special or consequential loss, damage, expenses or other claims (whether caused by the negligence of Flyibot or others connected with it) which arise out of or in connection with the assignment. Notwithstanding the above, nothing in these terms and conditions excludes or limits the liability of Flyibot for death or personal injury caused by Flyibot’s negligence or that of his/her employees, agents or sub-contractors, for any fraudulent statement or act or for any matter which it would be illegal for Flyibot to exclude or attempt to exclude his/her liability.
Insurance - Flyibot has full comprehensive cover in relation to its own equipment and also has full Public & Products Liability of £5m. The policy is through Aviva ‘Coverdrone’ and copies can be supplied upon request.
Complaints - Please address any complaints to Flyibot by email or by letter. We will endeavour to respond to any complaint within two working days of receipt.
Applicable Law - This agreement shall be governed by the laws of England & Wales and subject to the exclusive jurisdiction of the English Courts.
Flyibot is a trading name of MLO Ltd – company number 08296681/VAT number 151154347