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Terms and Conditions

WEBSITE USAGE TERMS

 

Definitions

Services means Photography, video, drone services and consulting

the Website means the website UAVISUALS.COM

We / Us etc means UAVISUALS® and any subsidiaries, affiliates, employees, officers, agents or assigns.

Accuracy of content

We have taken proper care and precautions to ensure that the information we provide on this Website is accurate.  However, we cannot guarantee, nor do we accept any legal liability arising from or connected to, the accuracy, reliability, currency or completeness of anything contained on this Website or on any linked site.

The information contained on this Website should not take the place of professional advice.

Use

The Website is made available for your use on your acceptance and compliance with these terms and conditions.  By using this Website, you are agreeing to these terms and conditions.

You agree that you will use this website in accordance with all applicable local, state, national and international laws, rules and regulations.

You agree that you will not use, nor will you allow or authorise any third party to use, the Website for any purpose that is unlawful, defamatory, harassing, abusive, fraudulent or obscene way or in any other inappropriate way or in a way which conflicts with the Website or the Services.

If you contribute to our forum (if any) or make any public comments on this Website which are, in our opinion, unlawful, defamatory, harassing, abusive, fraudulent or obscene or in any other way inappropriate or which conflict with the Website or the Services offered, then we may at our discretion, refuse to publish such comments and/or remove them from the Website.

We reserve the right to refuse or terminate service to anyone at any time without notice or reason.

Passwords and logins

You are responsible for maintaining the confidentiality of your passwords and login details and for all activities carried out under your password and login.

Indemnification for loss or damage

You agree to indemnify Us and hold Us harmless from and against any and all liabilities or expenses arising from or in any way related to your use of this Website or the Services or information offered on this Website, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and solicitors fees of every kind and nature incurred by you or any third parties through you.

Intellectual property and copyrights

We hold the copyright to the content of this Website, including all uploaded files, layout design, data, graphics, articles, file content, codes, news, tutorials, videos, reviews, forum posts and databases contained on the Website or in connection with the Services. You must not use or replicate our copyright material other than as permitted by law.  Specifically, you must not use or replicate our copyright material for commercial purposes unless expressly agreed to by Us, in which case we may require you to sign a Licence Agreement.

If you wish to use content, images or other of our intellectual property, you should submit your request to us at the following email address:

INFO@UAVISUALS.COM

Trademarks

The trademarks and logos contained on this Website are trademarks of UAVISUALS®.  Use of these trademarks is strictly prohibited except with Our express, written consent.

Links to external websites

This Website may contain links that direct you outside of this Website.  These links are provided for your convenience and are not an express or implied indication that we endorse or approve of the linked Website, its contents, or any associated website, product, or service.  We accept no liability for loss or damage arising out of or in connection to your use of these sites.

You may link to our articles or home page.  However, you should not provide a link that suggests any association, approval, or endorsement on our part in respect to your website, unless we have expressly agreed in writing.  We may withdraw our consent to you linking to our site at any time by notice to you.

Limitation of Liability

We take no responsibility for the accuracy of any of the content or statements contained on this Website or in relation to our Services.  Statements made are by way of general comment only and you should satisfy yourself as to their accuracy.  Further, all of our Services are provided without a warranty with the exception of any warranties provided by law.  We are not liable for any damages whatsoever, incurred as a result of or relating to the use of the Website or our Services.

Information Collection

Use of information you have provided us with, or that we have collected and retained relating to your use of the Website and/or our Services, is governed by our Privacy Policy.  By using this Website and the Services associated with this Website, you are agreeing to the Privacy Policy.  To view our Privacy Policy and read more about why we collect personal information from you and how we use that information, click here.

Confidentiality

All personal information you give us will be dealt with in a confidential manner in accordance with our Privacy Policy.  However, due to circumstances outside of our control, we cannot guarantee that all aspects of your use of this Website will be confidential due to the potential ability of third parties to intercept and access such information.

Governing Law

These terms and conditions are governed by and construed in accordance with the laws of Victoria Australia.  Any disputes concerning this website are to be resolved by the courts having jurisdiction in Victoria.

We retain the right to bring proceedings against you for breach of these Terms and Conditions, in your country of residence or any other appropriate country or jurisdiction.

 

STANDARD TERMS OR SERVICE

  1. General conditions
    1. These Terms and Conditions cover all contracts entered into by you (Client) with the UAVISUALS® PTY LTD (Company) for services relating to design visual media, websites, brand identity, data, illustrations, photography and videography (Artwork)
    2. These Terms and Conditions are subject to change without notification by the Company.
    3. These Terms and Conditions apply to the Company and all of its contractors and subsidiaries
  2. UAVISUALS Responsibilities
    1. Service: In performance of these services, UAVISUALS® will exercise the skill, care, safety, and diligence normal to the practice of aerial photography, cinematography, inspections, monitoring, and mapping in similar circumstances.
    2. Variations to brief: UAVISUALS® shall not make any alteration to the approved brief without the Client’s consent, except in case of an emergency during work in which case UAVISUALS® will subsequently notify the Client. 

    3. Variation to cost or time: UAVISUALS® will advise the Client if we believe the agreed budget or time program is likely to vary significantly in which UAVISUALS® will not proceed with any stage of work without the Client’s agreement to do so.
    4. Safety: UAVISUALS® will exercise normal Australian OH & S, CASA and Air Services standards on-site and to and from locations.
    5. Insurance: UAVISUALS® will maintain a Public Liability Insurance Policy for a period of our engagement for a minimum of $20 million AUD.
    6. Specialist consultants and suppliers: UAVISUALS® shall only be responsible for the coordination and integration of the services of secondary consultants. UAVISUALS® shall be entitled to engage sub-consultants/ contractors and shall be responsible to the Client for their services.
  3. Client Responsibilities
    1. Client instruction: UAVISUALS® expects the client to give adequate instructions to define their requirements, including brief, program and budget.
    2. Submissions: UAVISUALS® needs the Client to give due consideration to our submissions, give decisions and provide information within a reasonable time so as not to delay work.
    3. Client Representative: When requested by UAVISUALS® the Client will nominate, in writing, a single person with authority to represent them.
    4. Intellectual Property: During the course of work, all artwork is under the property of UAVISUALS® until payment is made partially or in full or alternatively agreed upon in scope of work. The Client and their employees then retain rights to utilise Artwork and all design elements for portfolio/self-promotion/ internal/ external use etc.
    5. Stock imagery: All work handed to the Client must not be used or distributed in full or partly sold to third-party stock imagery companies, websites or services unless advised prior in writing.
    6. Variations to brief: The Client shall not make any alteration to the approved signed-off brief without UAVISUALS® consent. Any additional variations outside of approved brief will be charged at the ‘Variation hourly rate’ charge of $180pr hour.
    7. Variation to cost or time: The Client must advise UAVISUALS® if they believe the agreed budget or estimated job time is likely to vary. Any variation to cost or time will be re-negotiated by the Client and UAVISUALS® before re-commencement of work
  4. Payment
    1. Deposit: UAVISUALS® reserves the right to request a deposit from the Client prior to starting work. If a deposit is requested by UAVISUALS®, an invoice will be generated and delivered to client via email and payment is expected prior to commencement.
    2. Deposit to commence work: A mobilisation deposit of 50% is required prior to commencement of work.
    3. Terms of payment: Credit terms are 14 days from date of invoice. Credit may be stopped and supply of services and goods withheld if any account is overdue.
  5. Copyright
    1. Ownership: Title to all photographs, data or video content remains the property of UAVISUALS®. UAVISUALS® retains the right in all cases to use the photographs, data or video content in any manner at any time and in any part of the world for the purposes of the advertising or otherwise promoting of their work
    2. The use of Artwork, Photographs, Data or Video content prior to payment is illegal. Artwork, Photographs, Data, Video content designed will remain the property of UAVISUALS® until the amount is paid in full and artwork is handed over or if an agreement is made prior.
    3. Transfer of ownership: Upon payment of deposit artwork rights and ownership will be transferred to the Client from UAVISUALS®.
    4. Copyright: UAVISUALS® is the sole author of the photographs or video content. The imagery shall be the interpretation of UAVISUALS®, rather than a literal re-creation of any concepts or layouts provided by the client or the clients representative. Subject to the license, UAVISUALS retains the entire copyright in the photographs or video content at all times throughout the world.
    5. Moral rights: UAVISUALS® must be suitably credited with the photography or video content in any instance where the media is used for P.R purposes in trade, social media or mainstream publications unless agreed upon prior
    6. Licence to use: The client has the right to use the delivered photographs, video content or data only in the media within the territory and for the period set on the original estimate. Any extended usage or 3rd party usage must be with the written consent of UAVISUALS® and will be subject to a further fee. The licenses cannot be transferred without UAVISUALS® written consent.


Last update: 19 January 2021