Amphibian Productions Ltd a company registered in England and trading as Amphibian Aerial referred to as “We” “Us” or “Our” and any person firm or company referred to as “You” or “Your” in these terms and conditions.
These terms and conditions are the terms on which we both mutually agree to do business.
ORDER ACCEPTANCE POLICY
- We provide various services, which may include without limitation, photography, filming, processing digital images, creating virtual tours, other moving digital media or the design of particulars or brochures. These terms and conditions shall apply to all services provided by us, unless otherwise specifically agreed in writing. By using our online order form, ordering by telephone or by email you agree to be bound by these terms and conditions. All orders and requests for our services will be subject to our acceptance, which will be notified to you when we confirm your order. We reserve the right to amend these terms and conditions from time to time and new versions will available on our web site.
- We may require additional information from you before accepting any order or providing services. This additional information may be subsequently disclosed by us to financial institutions, credit investigation bureaus and/or government agencies.
- Written quotations are valid for 30 days, and will be supplied for all work on receipt of a clear and accurate written brief from the Client. The quotation may be inclusive of all preparatory work, provision of any written documentation (e.g. Health & Safety documents, Method Statements and Risk Assessments) or fees for any permissions required (e.g. by the Civil Aviation Authority, Air Traffic Control, Police and relevant landowners), travel and accommodation (where necessary), limited post-production processing work and delivery of materials.
- Value Added Tax will be applied at the prevailing rate on the inclusive fee. A series of assignments is treated as a set of individual contracts.
- You accept that our quotation does not indicate an acceptance of your order, neither does it constitute confirmation of our offer to supply which we will confirm with an order acknowledgement.
- Written briefs are recommended to ensure your photographic objectives are well defined to avoid errors. The brief should include, but not limited to, full postal address with postcode, on-site contact maps, site plans with boundaries with the North compass bearing clearly marked, OS Grid references (6-figure) and any other material required to accurately identify the site from the air and ground.
- The Brief should also indicate the proposed use and method of publication of the images, for which a licence to use for the stated purpose will be granted.
- If a site survey is needed prior to the quotation, the cost will be agreed and invoiced in advance. If the resulting survey requires the production of a site specific Health and Safety Risk and method statement produced a separate charge will be made.
PHOTOGRAPHIC MATERIAL SUPPLIED
- Photographic stills will normally be shot on professional digital camera equipment as Camera RAW or High Resolution Jpeg files and supplied to you as un-edited and un-processed RAW or high-resolution jpegs, on a Data CD or DVD. If required and when agreed, a printed contact sheet print will be provided. Video material will be recorded in a format agreed at the brief stage and be supplied as unedited rushes on a hard disk or DVD. Reorders, copies, 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. Finished materials are normally dispatched within 48 hours of completion of the location work.
- Retouching, digital manipulation and stitching of supplied images is available at an additional cost. We will process and enhance images at your request although. If any imagery is to be used for property marketing we wish to draw your attention to the Property Misdescriptions Act 1991 (‘PMA’). We may process images at your request to enhance an image but this will only be performed with accordance of the PMA, unless you instruct us. We will not alter our images to deliberately mislead the viewer. ( Unless they are to be used for creative purposes )
- It is your responsibility to check photographs supplied to ensure that they are correct in all requirements. You may choose photographs to be taken at the photographers discretion, please note if you select this option you will not be eligible for a free re-shoot if we have not received specific requirements from you as per the brief. Our images will be deemed to be acceptable by you unless you inform us by email or by telephone within 2 working days of receiving the images, detailing the precise reason you believe the images to be unacceptable. If we agree, then the photographs will be re-shot free of charge. If we do not feel the photographs are unacceptable but the rejection is borne out of personal preferences we were not made aware of, then any required re-shooting of the property will be charged at prevailing rates.
PURCHASE ORDERS, CONFIRMATION OF ORDER
- When you confirm an order, in writing or verbally, we take it in good faith that you are authorised to place such an order and you agree to provide a purchase order number if one is required to expedite payment.
BILLING / INVOICING DETAILS
- When you confirm an order you create a contract between us and you. If you ask us to invoice a third party for payment we may do this but if the third party does not pay the invoice for any reason you remain liable for the unpaid amount.
- If you ask us to re-invoice a third party after we have invoiced you we reserve the right to add an administration fee to cover the costs of administration time and any delay in receiving payment.
PAYMENT AND DEPOSITS
- Payment of all invoices are due upon receipt unless we have agreed different payment terms.
- Unless otherwise agreed a deposit will be charged to secure the booking date(s) and we will require payment in full before work commences. In the case of work being required by the client to be done in phases, We reserve the Right to partially invoice at stages.
- Time of payment shall be of the essence. If you fail to make any payment on the due date then without prejudice to any other right or remedy available to us we shall be entitled to cancel the order or suspend any further delivery of any goods and services.
- We reserve the right to add statutory Late Payment Interest (Bank of England Base Rate + 8%) to overdue accounts under the Late Payment of Commercial Debts (Interest) Act 1998
- 24 hours prior to the scheduled flight time we will contact the Client to discuss the weather. At this point if we believe that the weather will not allow for the flight to take place safely then we will offer to reschedule or cancel. If the client wishes us to attempt the flight anyway and We cannot fly due to adverse weather conditions then the full fee for the flight will be due.
- If we cannot fly due to mechanical failure, and the photoshoot cannot be rescheduled, We will refund all advance monies paid for that day. Costs incurred prior to the photoshoot day such as paid-for Site visits and meetings are excluded and remain due for payment.
- If We cannot fly due to reasons that only become evident once on site or for reasons that We were not advised of beforehand then the full cost will remain due for payment. We may, at our sole discretion, offer a discount on a reshoot should one be scheduled.
- Notice of cancellation by the Client must be received in writing by Us and the Notice is not vaild until confirmed in writing by Us. Cancellation fees are payable according to the following schedule:
Prior to any or all payment being paid – Nil.
Following payment and more than 2 (two) days notice – 50% of the agreed fee less any payment already made.
Following payment and 2 (two) days or less notice – 100% of the agreed fee less any payment already made.
Notwithstanding the above schedule, if any costs have been incurred by Us following written instruction from you (for example, but not limited to an agreed Site Survey cost) these costs will remain due for payment in full.
- With any unmanned aerial vehicle (UAV) photography flight permission may be required, permission from the Civil Aviation Authority (CAA), local Police, other authorities and relevant landowners, when needed, is generally granted within a day or so, however it may take several weeks (CAA may require up to 28 days written notice of intention to fly for certain areas). 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.
- We will always endeavour to complete any assignments by proposed completion dates. However, due to weather and other operational constraints, we cannot guarantee completion on or by any specific date. We, therefore, cannot be held responsible for any missed publishing or other deadlines or any consequences involving the timing of the commission. Certain requested shots from specific locations, directions and heights, requested, may not be possible on the day for various operational reasons. In this case, the best possible alternatives will be supplied and these will be deemed to fulfil the contract. If, due to operational conditions, if it becomes evident that all the work cannot be completed in one day, then work will be prioritised to ensure the most important shots are achieved.
- The quality of photographs taken after sunset, with a UAV, cannot be guaranteed and usually will not be attempted. Images required to be taken in a southerly direction (i.e. into the sun), especially in the winter, will undoubtedly suffer, from lens flare. In exceptional circumstances, we may not be able to completely fulfil or complete a contract at all.
INTELLECTUAL PROPERTY AND LICENSING
- Unless otherwise stated, the copyright on all photographs, graphic images and other elements is retained by us and you may not store, use or reproduce for any other purpose than licensed without our express prior consent. 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.
- Any licence to use comes into effect from the date of payment of the relevant invoice. No use may be made of the images before payment in full of the relevant invoice without our express permission. Any permission which may be given for prior use will automatically be revoked if full payment is not made by the due date or if you are put in administration, receivership or liquidation. The Licence only applies to you for the reasons declared and its benefit shall not be assigned to any third party without our permission. Permission to use the images for purposes outside the terms of the Licence will normally be granted upon payment of a further fee, which must be mutually agreed (and paid in full) before such further use. Unless otherwise agreed in writing, all further licences in respect of the images will be subject to these terms and conditions.
- We assert our right to be identified as creator of the images. We must be credited whenever images are published, displayed, used in video or DVD productions, transmitted or broadcast.
- A copy of the finished production or publication will be required, unless otherwise stated.
- Unless you advise of the confidential nature of any assignment where we will agree not to reproduce certain images for an agreed period. You permit us the right to use any images for photographic library use, publications and other uses without reference to you.
- As with any location photography, a successful outcome is dependent 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 you require us to proceed with any assignment against our advice you will be liable for any re-visit costs should you be unhappy with the results we achieve.
- If you should cancel or postpone due to weather, notwithstanding any other rights, we reserve the right to charge for a cancelled day.
- If the assignment is weather dependant we recommend you take out weather insurance.
LIMITATION OF LIABILITY
- If any assignment could not be completed due to events outside of our control (e.g. lack of access or unscheduled site activity, or Operational Constraints etc.) Force Majeure, We cannot be held liable for any costs you may be charged to re-schedule and you may be charged a re-visit fee.
- Should we be held liable then in any event, the liability of ours will be limited to the total value of the contract with no liability accepted for indirect and/or consequential loss. We do not accept liability for errors resulting from incomplete or inaccurate instructions from you or for delays or restrictions caused by Air Traffic Control, CAA or the Police.
- Whilst back-up copies of CDs are usually kept, we accept no responsibility and liability for maintaining archive copies of photographic material after the work has been delivered to and accepted by you.
- We may assign the Contract or any part of it to any person, firm or company.
- You shall not be entitled to assign the Contract or any part of it without the prior written consent of us.
- This is the only agreement between us and you. If a court decides that any part of the agreement cannot be enforced, then that part will not apply. The rest of this agreement will continue to apply. Any notice given under this agreement must be made in writing and may sent by pre-paid first class post to the parties’ respective addresses or by email email will only considered a proper notice when it is acknowledged by a reply to the notice email.
- These terms and conditions shall be governed by the Laws of England the parties agree to submit to the exclusive jurisdiction of the English Courts.
- No waiver by us of any breach of the Contract By you shall be considered as a waiver of any subsequent breach of the same or any other provision.