Terms And Conditions
TERMS AND CONDITIONS FOR DRONE21 UK LTD
EFFECTIVE DATE:
1.0 INTRODUCTION
1.1 https://www.drone21.co.uk/ (The “Website”, “Site”) is owned and operated by Drone21 UK LTD. Throughout the Site, “ Company”, “We”, “Us” and “Our” shall refer to Drone21 UK LTD, our subsidiaries, third parties and affiliated companies acting on our behalf.
1.2 Please, read the terms and conditions (“Terms of Service”, “Terms”) carefully. The Terms apply to https://www.drone21.co.uk/, Drone21 UK LTD Mobile App including all the information, items, tools, products and services available to you (“You”, “Your” or “Client”) through the https://www.drone21.co.uk/ and the Drone21 UK LTD Mobile App (collectively as the “Services”)
1.3 As a pre-condition for accessing and using https://www.drone21.co.uk/, Drone21 UK LTD Mobile App and the Services, you must acknowledge and agree to these Terms.
1.4 The headings used in this Terms are included for convenience only and will not limit or otherwise affect these Terms. Any use of these terminology or other words in the singular, plural, capitalization is taken as interchangeable and therefore referring to the same.
1.5 The use of the Website and the Services is also governed by Drone21 UK LTD Privacy Policy, which is herein incorporated by reference. Your relationship with Drone21 UK LTD will be subject to these Terms and Privacy Policy (“Policy”). If you do not agree to the Terms or any part of it, you may not use or otherwise access the Service.
1.6 Unless otherwise specified by a component of the applicable service, https://www.drone21.co.uk/ and the Drone21 UK LTD Mobile App is free to use, but may contain products and services, which may allow you to make purchases.
2.0 ABOUT US
2.1 Drone21 UK LTD offers aerial photography services. We are located in (location) with registration number 11941998. Our registered office address is 1 Vale Road, Rotherham, South Yorkshire, United Kingdom, S65 4DD.
2.2 You can contact us: info@drone21.co.uk and/or +44 (0) 77432564377.
3.0 DEFINITIONS
a. “COMPANY” means the business and trading name Drone21 UK LTD and is the Company
b. “CAMERA” means any equipment capable of capturing images and sound recordings whether that be a still photographic image(s) or moving video image(s) with or without sound.
c. “IMAGE(S)” means any image(s), picture(s), graphical or sound recording(s) taken by the Camera of any subject, person, property, or item whether as electronic digital les or ` cellulose lm stocks.
d. “SERVICES” means any photographic or video or website service (such as but not limited to; domain name registration, domain hosting, and website content management, SEO submission) provided by the Company, at any location and at anytime.
e. “SESSION” means any photography, video or drone flight session, Service or services agreement that is/are booked by the Client whether they have been performed or not.
f. “PRODUCTS” means any item for resale by the Company such as, but not limited to, Prints,
g. Albums, Frames, Wraps CDs, USBs, DVDs, Digital Files, Makeup, Hair Styling, Domain Name Registration, Domain Hosting, Domain Installation.
h. “CLIENT” means the individual person(s) or company or business buying the Services or Products
4.0 SCOPE
4.1 By engaging in the Services You are bound to and are deemed to have understood that;
a) Drone21 UK LTD provides aerial photography services (“Services”)
b) Drone21 UK LTD Services can be found on the Site
c) Depending on the Services you require, other Services may be required simultaneously. Where this is the case, cancellation of one service shall mean cancellation of the other.
d) Services are seamlessly connected and Fees shall be invoiced as one package.
e) Each Service provided by Drone21 UK LTD shall incorporate their slight adjustment to these terms, each variation of a term can be found on the Site.
f) Where these Terms and those set out under each Service on the Site are in contradiction, these Terms shall prevail.
5.0 REGISTRATION
5.1 In the course of using the Website and/or the Services, you may be required to register an account (an “Account”). By registering for an Account or otherwise using any of our Services, you represent that you are of legal age and you understand and agree to these Terms. If you access the Website or our Services from a Social Networking Site (“SNS”), such as Facebook or Google+, you shall comply with its terms of service/use as well as these Terms of Service.
5.2 During the Account creation process, you may be required to select a password (“Login Information”). You shall not share the Account or the Login Information, nor let anyone else access your account or do anything else that might jeopardize the security of your Account.
5.3 In the event you become aware of or reasonably suspect any breach of security, including without limitation any loss, theft, or unauthorized disclosure of the Login Information, you must immediately notify Drone21 UK LTD and modify your Login Information.
5.4 You are solely responsible for maintaining the confidentiality of the Login Information, and you will be responsible for all uses of the Login Information, including purchases, whether or not authorized by you. You are responsible for anything that happens through your Account.
5.5 Drone21 UK LTD reserves the right to remove or reclaim any usernames at any time and for any reason, including but not limited to claims by a third party that a username violates the third party’s rights.
6.0 CHARGES AND FEES
6.1 Fees
Drone21 UK LTD fees (“Fees”) can be provided upon request, depending on the Services you require. Fees are subject to change and adjustment. However, Fees shall not be changed once a quote has been received.
6.2 Quotes
6.2.1 A full quotation is issued to Client prior to the Session and based on the information received from the Client. As such, Clients agree to provide information as accurately as possible and to answer any questions, reasonably asked by Drone21 UK LTD or the representative providing the quote.
6.2.2 Any price/fee quoted for any Product or Sessions is valid for 30 days, after which the price/fee may change.
6.2.3 Such quotation will detail the fees, expenses and charges for the provision of the Session required and the amount of deposit, if any, required before the Session booking is accepted by the Company.
6.2.4 Unless otherwise stated or agreed, times, fees and costs included in any quotation are professionally estimated and may change following execution or completion of the Session.
6.2.5 Drone21 UK LTD will notify you if this is likely to be the case, if possible at the time, but it should be noted that we may need to make a professional judgment upon extending a booked Session while on location without access to our primary contact for direction or approval.
6.3 Deposit
6.3.1 Services that are subject to the payment of a deposit or booking fee are NOT refundable.
6.3.2 If the booking is cancelled by the client at any time and for any reason. Please accept that Drone21 UK LTD is likely to have sustained significant financial loss of revenue from the cancellation of a Session for whatever reason, and are not able to re-book the time. Please see the specific terms relating to our Cancellation Policy below.
6.4 Invoices
6.4.1 Invoices are raised following the completion of the Session for immediate payment, unless credit terms are agreed in advance.
6.4.2 Invoice payments shall be made in pounds sterling (GBP) and shall be inclusive of all VATs and relevant taxes and shall be paid up upon receipt of an invoice.
6.4.3 Overdue invoices shall incur interest at the statutory rate of 8% above the base rate of the Bank of England. Interest shall accrue daily until the payment of the invoice in full.
6.4.4 Queries on invoices must be made within three (3) days of the date of invoice. Queries received outside of this time shall be dealt with at the company’s discretion.
6.4.5 The balance for all unpaid invoices is deemed past due 7 days after the Images are released to the client. If invoices remain unpaid following 28 days, interest will be added to the balance on a daily basis at the rate of 4% above the interest rate published by the bank of England.
6.4.6 The Client shall not deduct or set off any amounts due to them from invoices outstanding and shall not hold monies due to queries or disputes.
6.4.7 Image licenses are NOT activated until invoices are paid in full. The Images cannot be used by the Client in any capacity or form until the invoice has been paid in full.
7.0 RESPONSIBILITIES AND OBLIGATIONS
7.1 YOUR OBLIGATIONS
7.1.1 Clients engaging in the Services should be over the age of 18 years.
7.1.2 Permission must be received by the subject of the photography or by any owners of any land/areas/properties, which are to be photographed by Drone21 UK LTD.
7.1.3 The Services offered by Drone21 UK LTD shall not be used for investigative purposes.
7.1.4 The Client agrees and confirms that they hold all of the relevant permissions, licenses and/or authorisations from the relevant authorities and/or subjects required in order to authorise and instruct Drone21 UK LTD’s Services.
7.1.5 Clients must ensure that all paperwork, documentation and other related details are provided to Drone21 UK LTD in a timely manner.
7.1.6 Where the Client delays the providing of documents and/or information, resulting in an inability for Drone21 UK LTD to complete an obligation, such obligation may be waived.
7.1.7 The Client warrants that they are entitled, legally, to enter into this agreement with Drone21 UK LTD.
7.2 Drone21 UK LTD Obligations
7.2.1 Drone21 UK LTD and its representatives shall do its utmost to ensure fast reliable Services at all times.
7.2.2 Drone21 UK LTD representatives shall endeavour to ensure that the Services provided are done so as efficiently as possible.
8.0 MODIFICATIONS TO DRONE21 UK LTD SERVICES AND PRICES
8.1 Prices for Drone21 UK LTD Services are subject to change without notice.
8.2 Drone21 UK LTD reserves the right at any time to modify or discontinue any of our Services without notice at any time.
8.3 Drone21 UK LTD shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.
9.0 ERRORS, INACCURACIES, AND OMISSIONS
9.1 Occasionally there may be information on https://www.drone21.co.uk/ that contains typographical errors, inaccuracies or omissions that may relate to the Services, Service descriptions, pricing, promotions, offers, and availability.
9.2 Drone21 UK LTD reserves the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Services or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
9.3 Drone21 UK LTD undertake no obligation to update, amend or clarify information on https://www.drone21.co.uk/ or the mobile App, including without limitation, pricing information, except as required by law. No specified update on https://www.drone21.co.uk/ or the mobile App should be taken to indicate that all information on https://www.drone21.co.uk/ or the mobile App has been modified or updated.
10.0 STUDIO
10.1 It is Client’s responsibility to control Client’s attendees behaviour while at the studio.
10.2 We do all that we can to ensure a safe environment for our Clients and staff, however, a working studio is not a play area for children and they must be supervised at all times. Please do not allow your children to play with the albums, frames, props and equipment as they can present a costly bill to you if damaged.
10.3 We do not allow food and drink to be taken or consumed on our premises at all. There is no smoking permitted at any time while at our premises. Mobile phones and other cameras/recording devices are not permitted to be used on our premises at any time.
10.4 Not that it has ever happened to date, but to be clear, we do not tolerate disrespect to our staff or offensive or aggressive tone or bad behaviour. Such Clients will be asked to leave and their membership, registration and Session terminated without refund. Seems a strange thing to have to say, but our industry isn’t immune to such people so we want to be clear about our zero tolerance. If there are people or children in your party that have behavioural problems, please inform us before coming so we are aware.
11.0 PRODUCTS AND SERVICES
11.1 Payment for Products print orders, albums, frames or other products is requested at the time of placing the order. Title or any inference of ownership of the photographic prints or albums, frames or other physical products does not pass to the purchaser until full cleared payment is received. Any and all prices quoted are valid for 14 days, after which the prices may vary. Prints are sold unmounted, mounts can be purchased in addition.
11.2 Unless otherwise stated or agreed, times and costs are professionally estimated and may change following completion of the Services or Session. We will notify you if this is likely to be the case, if possible at the time, but it should be noted that we may need to make a professional judgment upon extending a Session or Service while on location without access to our primary contact for direction or approval.
11.3 From time to time we may offer discounts, or introduce promotions and incentive schemes for our Clients and potential clients. Such promotions, discounts and incentives, are subject to change and cancellation at any time and without notice. They are often run for a specific time periods or group of clients or prospects, a subscription to our Newsletter on connecting with us on social media is important to be made aware of any promotions, discounts or incentive schemes. Such promotions and incentives may have further terms attached.
11.4 Promotions, discounts and incentives are not applicable to historic/past purchases, and it is not transferable for cash. If in doubt, please contact us.
12.0 COPYRIGHT AND INTELLECTUAL PROPERTY
12.1 Drone21 UK LTD is the owner or the licensee of all intellectual property rights in and on the Site. Those works are protected by copyright laws and all such rights are reserved.
12.2 All logos, designs, slogans and names belonging to Drone21 UK LTD or its licensors or displayed on the site are the property of Drone21 UK LTD and are protected by Trademark laws. Trademarks should not be used without the express written consent of Drone21 UK LTD.
12.3 Drone21 UK LTD grants you a limited, revocable, personal, non-exclusive right and licence to use the Site, Services and materials, solely for your own non-commercial purposes.
12.4 You may print off one copy, and may download extracts, of any page(s) from our Site for Your personal reference and you may draw the attention of others within your organisation to material posted on our Site.
12.5 Copyrights in any photography, video footage or images captured by Drone21 UK LTD shall remain the property of Drone21 UK LTD unless otherwise agreed in writing by a director or other officer.
12.6 Images or footage captured by Drone21 UK LTD and provided to the Client shall be useable by the Client but shall not be sold to any third party without the prior consent of Drone21 UK LTD.
12.7 The Site is subject to certain Rules and guidance, which are incorporated into these Terms by reference. You must comply with the current version of any rules, guidelines, codes of conduct or instructions that we notify to you. Use of our Site in violation of any rules, guidelines or codes of conduct exceeds the scope of the licence granted to you by us and is prohibited.
13.0 WARRANTY AND LIMITATION OF LIABILITY
13.1 Drone21 UK LTD and any companies within its group make no representations or warranties of any kind, express or implied as to the operation of the Services, or the content or products, provided through the Services.
13.2 You expressly agree that your use of the Services is at your sole risk. Drone21 UK LTD disclaims all warranties, express or implied, including without limitation, implied warranties of merchantability, and fitness for a particular purpose, and non-infringement, to the fullest extent permitted by law.
13.3 Drone21 UK LTD makes no warranty as to the security, reliability, timeliness, and performance of the site. You specifically acknowledge that Drone21 UK LTD is not liable for your defamatory, offensive or illegal conduct, or such conduct by third parties, and you expressly assume all risks and responsibility for damages and losses arising from such conduct.
13.4 Except for the express, limited remedies provided herein, and to the fullest extent allowed by law, Drone21 UK LTD shall not be liable for any damages of any kind arising from use of the Service, including but not limited to direct, indirect, incidental, consequential, special, exemplary, or punitive damages, even if Drone21 UK LTD have been advised of the possibility of such damages.
13.5 The foregoing disclaimers, waivers and limitations shall apply notwithstanding any failure of essential purpose of any limited remedy. Some jurisdictions do not allow the exclusion of or limitations on certain warranties or damages. Therefore, some of the above exclusions or limitations may not apply to you. In no event shall Drone21 UK LTD’s aggregate liability to you exceed the amounts paid by you to Drone21 UK LTD pursuant to these terms.
13.6 Drone21 UK LTD shall perform all Services with reasonable care and skill and to a standard to be reasonably expected from a competent and professional supplier of similar Services.
13.7 You shall indemnify and hold harmless Drone21 UK LTD and its personnel against all Liability and Losses (1) asserted against or suffered by You or any other person and arising out of or in connection with Services, materials or information provided by Drone21 UK LTD; and/or asserted against or suffered by Drone21 UK LTD or any other person (including You) and arising out of or in connection with Services, materials or information provided by or on behalf of You, and including without limitation losses and expenses incurred by Drone21 UK LTD directly.
13.8 Drone21 UK LTD’s liability in respect of or arising out of any defect in the services rendered or for any injury, loss or damage attributable thereto is limited to making good by re-performance such defects which arise solely from Drone21 UK LTD’s or its suppliers’ faulty design, materials, installation or workmanship within such period as is given to Drone21 UK LTD by its suppliers, or if none within a period of six months after such Services have been rendered.
14.0 CANCELLATION & TERMINATION
14.1 CANCELLATION
14.1.1 Drone21 UK LTD understands that the need to cancel our services can arise for many reasons and often at the last minute. However, Drone21 UK LTD is likely to have sustained financial loss in such an event with the refusal of additional bookings as a result of removing of the dates from our booking calendar and therefore the following terms regarding cancellation apply to all our Services:
14.1.2 In the event of cancellation of a Session within 48 hours, in whole or part, by the Client then the Company reserves the right to make a cancellation/termination charge of up to 50% of total agreed services charge minus any deposit paid.
14.1.3 In the event that You do not wish to pursue with the Services after having booked such service, please contact us as soon as possible. We will do our best to accommodate a change request to the Session date or time, but any changes are subject to our availability.
14.1.4 Cancellation of a Session prior to 48 hours notice will result in a charge being made for costs already incurred, such as but not limited to, accommodation charges, increased insurance charges, production planning costs, staff costs and extra or third party resource bookings, equipment hire, car hire or hire deposits made.
14.1.5 Cancellation of a Session when the production/service has commenced, or with less than 48 hours notice, may result in up to 100% of the total agreed Session charge being made.
14.1.6 Cancellations being accepted by Drone21 UK LTD shall be dependent on the Service being provided. Where relevant, a cancellation may be accepted, however, deposits may not be refundable.
14.1.7 Drone21 UK LTD reserves the right to cancel and/or reject a Client’s Session booking for whatever reason and at any time with the limit of Client compensation or remedy to that of the fees already paid by the Client. We will always provide your with suitable and appropriate, where humanly possible, notice should such a situation arise.
14.1,8 Drone21 UK LTD reserves the right to cancel or terminate a contract if the Client becomes insolvent or subject to bankruptcy proceedings or the reputation of the Company and anyone connected with the Company could be damaged.
14.2 TERMINATION
14.2.1 Without limiting any other remedies, Drone21 UK LTD may limit, suspend, terminate, modify, or delete accounts or access to the Site and/or the Services thereof if you are, or we suspects that you are, failing to comply with any of these terms of Service or for any actual or suspected illegal or improper use of the service, with or without notice to you.
14.2.2 Without limiting our other remedies, Drone21 UK LTD may limit, suspend or terminate the Services and user accounts or portions thereof, prohibit access to the Site and the Drone21 UK LTD Mobile App and their content, services and tools, delay or remove hosted content, and take technical and legal steps to prevent users from accessing the Services if Drone21 UK LTD believes that they are creating risk or possible legal liabilities, infringing the intellectual property rights of third parties, or acting inconsistently with the letter or spirit of our terms or policies. Additionally, Drone21 UK LTD may, in appropriate circumstances and at our sole discretion, suspend or terminate accounts of users who may be repeat infringers of third party intellectual property rights.
14.2.3 You may terminate your Account at any time and for any reason by following the contacting our support page informing us that you wish to terminate your Account.
15.0 ACCEPTABLE USE POLICY
15.1 You agree not to use the Services, and/or the Site:
(a) to upload or distribute any computer viruses, worms, malicious code, or any software intended to damage or alter a computer system or data;
(b) to collect information or data regarding other users, including e-mail addresses, without their consent (e.g., using harvesting bots, robots, spiders, or scrapers);
(c) to disable, overly burden, impair, or otherwise interfere with servers or networks connected to the Site and the Drone21 UK LTD Mobile App;
(d) to attempt to gain unauthorized access to the Site or the Drone21 UK LTD Mobile App
16.0 FORCE MAJEURE
16.1 The due performance of the Session and these Terms and Agreements are subject to alteration or cancellation by the Company owing to any cause beyond our control. All efforts will be made to comply with alternate arrangements made.
16.2 In the event of any dispute regarding the Session and the Terms of this Agreement, Drone21 UK LTD shall not be deemed in breach of these terms if they are unable to complete the Services or any portion thereof by reason of fire, earthquake, employment dispute, act of God or public enemy, death, illness or incapacity of Drone21 UK LTD or any national or international law, governmental order or regulation or any other event beyond Drone21 UK LTD’s control (collectively, “Force Majeure Event”).
16.3 Upon occurrence of any Force Majeure Event, Drone21 UK LTD shall give notice to You of its inability to perform or of delay in completing the Services and shall propose revisions to the schedule for completion of the Services.
17.0 VIRUSES AND HACKING
17.1 You must not misuse our site by knowingly introducing viruses or attempt to gain unauthorised access to our site. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and take appropriate legal action.
17.2 Drone21 UK LTD are not liable for any loss or damage caused by viruses that may infect your computer equipment, computer program or data due to your use of our site or to your downloading of any material posted on it, or on any website linked to it.
18.0 CHILDREN POLICY
18.1 Children under the age of 18 years are not eligible to use our services and should not submit any personal information on the Website. Drone21 UK LTD does not actively track you as an individual.
19.0 MISCELLANEOUS
19.1 SEVERANCE
If any of these Terms should be determined to be invalid, illegal or unenforceable for any reason by any court of competent jurisdiction then such Term or Condition shall be severed and the remaining Terms and Conditions shall survive and remain in full force and effect and continue to be binding and enforceable.
19.2 JURISDICTION
19.2.1 The formation, construction, performance and enforcement of these terms shall be in accordance with English law and the parties submit to the exclusive jurisdiction of the English courts as regards any claim or matter arising in relation to these terms.
19.2.2 You acknowledge that Drone21 UK LTD will have no adequate remedy at law in the event You use the deliverables in any way not permitted hereunder, and hereby agree that Drone21 UK LTD shall be entitled to equitable relief by way of temporary and permanent injunction, and such other and further relief at law or equity as any arbitrator or court of competent jurisdiction may deem just and proper, in addition to any and all other remedies provided for herein.
19.3 ENGLISH LAW
These terms of site use shall be governed by and construed in accordance with the law of England and Wales. The English Courts will have jurisdiction over any claim arising from, or related to, a visit to our Site.
19.4 Release
You hereby irrevocably and unconditionally release and forever discharge Drone21 UK LTD from any and all claims, demands, and rights of action, whether now known or unknown, which relates to any interactions with, or act or omission of, any Third Party Service, or Third Party Advertisers.
19.5 Notices
Any notices or other communications provided by Drone21 UK LTD under these Terms, including those regarding modifications to these Terms, will be given: (i) via email; or (ii) by posting to the Drone21 UK LTD. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.
20.0 MODIFICATION TO TERMS
20.1 Drone21 UK LTD reserves the right, at Drone21 UK LTD sole discretion, to update, change or replace any part of these Terms by posting updates and changes to the Site. It is your responsibility to check the Site periodically for changes. Your continued use of or access to the Site or the Services following the posting of any changes to these Terms constitute acceptance of those changes.