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UAVISUALS – T&Cs

All services and goods are provided by UAVISUALS™ PTY LTD strictly on the basis of these Terms and Conditions and these conditions alone constitute the terms of any contract between UAVISUALS™ PTY LTD and our Clients.

By requesting photographic and (UAV) drone services and goods from UAVISUALS™ you agree to our Terms and Conditions and are aware that you are entering a binding contract.

  1. General conditions of contract
    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 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
  1. 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.
  1. 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
    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: 04th December 2019