Terms and Conditions
1.1 The terms contained on this page (Trading Terms) apply to all transactions for the purchase of products and services (each a “Service” or, two or more, the “Services”) from the Site or as a result of contact with Milward Drone Services (the “Business” or "MDS"). By ordering any Services from our Site or from the Business you are indicating your acceptance to be bound by these Trading Terms. They form a legal agreement between you and us and can only be amended with our consent. You can print a copy of these Trading Terms by selecting the print option from the “File” menu of your browser.
1.2 We reserve the right to change these Trading Terms from time to time without prior notice to you, provided that any such change will not affect any purchases you have made before the change is implemented.
2 Order Acceptance Policy
2.1 The business reserves the right at any time to accept or refuse service and sales for any reason. The business reserves the right to require additional verifications or information from the purchaser before accepting any order or providing services. You agree that the receipt by MDS of an electronic or printed message or an order form does not indicate acceptance of the purchaser’s order, neither does it constitute confirmation of MDS offer to sell.
2.2 The Client acknowledges and agrees that title and ownership of all ordered products shall remain with MDS until the full purchase price for the same has been satisfied to MDS.
3.1 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. Written briefs are required to ensure photographic objectives are well defined for both the Client and MDS and to avoid errors. The brief may need to include, but is not limited to, full postal address with postcode, maps, site plans with boundaries and the North compass bearing clearly marked, Ordnance Survey Grid references (6-figure) and any other material required to accurately identify the site from the air.
3.2 The quotation and fee will be inclusive of all preparatory work, provision of any written documentation (eg. Method Statements and Risk Assessment where required) or permission required (e.g. by the Civil Aviation Authority, Air Traffic Control, Police and relevant landowners), travel and accommodation (where necessary) and post-production processing work (not normally included) and digital delivery of images. For UAV work, unless otherwise stated, the quotation will be for the amount of aerial photography reasonably achievable within one day.
3.3 The fee quoted will reflect the proposed uses of the images, as stated by the Client, for which Full Personal Reproduction Rights will be granted. A series of assignments is treated as a set of individual contracts. Additional Reproduction Rights may be negotiated at a future date.
3.4 The UAV Operator may request changes if it is determined that any flight operation could impair the operational safety of the equipment, persons, property or violate any laws.
4. Payment Terms
4.1 Terms of payment are within the Business' sole discretion, and, unless otherwise agreed to in writing by the Business, full payment (including any applicable taxes) is due in full within 14 days of the first day of shooting.
4.2 In the case of work being required by the client to be done in phases, MDS reserves the right to partially invoice at stages. MDS reserves the right to add statutory Late Payment Interest (Base Rate + 8%) to overdue accounts [Late Payment of Commercial Debts (Interest) Act 1998].
5.1 If a site survey is required prior to the quotation, the cost will be agreed and invoiced in advance. The Client must confirm in writing that it has permission to access the ground that will be used to take off and land.
6. Cancellation by MDS
6.1 If MDS cannot fly due to adverse weather conditions or mechanical failure, and the photoshoot cannot be rescheduled, MDS will refund all advance monies paid for from the time the cancellation occurs. Costs incurred prior to the affected day such as paid-for site visits and meetings are excluded and remain due for payment.
6.2 If MDS cannot fly due to reasons that only become evident once on site or for reasons that MDS was not advised of beforehand then the full cost will remain due for payment. MDS may, at its sole discretion, offer a discount on a reshoot should one be scheduled.
7. Cancellation by the Client
7.1 Notice of cancellation by the Client must be received in writing by MDS and the Notice is not valid until confirmed in writing by MDS. Cancellation fees are payable according to the following schedule:
7.1.1 Prior to any or all payment being paid – Nil.
7.1.2 Following payment and more than 2 (two) days notice – 50% of the agreed fee less any payment already made.
7.1.3 Following payment and 2 (two) days or less notice – 100% of the agreed fee less any payment already made.
7.2 Notwithstanding the above schedule, if any costs have been incurred by MDS following written instruction from the Client (for example, but not limited to an agreed Site Survey cost) these costs will remain due for payment in full.
8. Photographic Material Supplied
8.1 Still photographic material will be supplied as unedited images. Video material will normally be supplied as unedited rushes. Unless otherwise agreed and quoted, little to no editing will have been done by MDS when the imagery is supplied.
8.2 Retouching, digital manipulation and general editing of images and videos is available at an additional cost, when feasible.
8.3 All original photographic material remains the property of MDS.
9. Legal Reproduction Rights, Moral Rights, Copyright and Property Misdescriptions Act 1991
9.1 Full Reproduction Rights of the commissioned material passes to the Client upon full settlement of the final invoice. This allows reproduction for all uses.
9.2 We abide by the Consumer Protection from Unfair Trading Regulations 2008 and the Business Protection from Misleading Marketing Regulations 2008. We will not alter our images to deliberately mislead the viewer. We remind users of our images that publishing old images (which were taken much earlier when the views were significantly different), without indicating capture date, could be misleading. Both of these activities may be considered as offences under these Regulations.
10.1 AIDP grants the Client an exclusive licence to use the commissioned material as agreed in clause 9.1 for an indefinite period from the date of delivery of the commissioned material from the Business to the Client or from the date that full payment has been received by the Business from the Client for the commissioned material, whichever is the later.
10.2 The Client agrees that MDS may use the images and that MDS may also licence the images to third parties without reference to the Client.
11. Limitation of Liability, Weather, Force Majeure, Act of God and Other Constraints
11.1 As with any outdoor location photography, a successful outcome depends upon suitable weather conditions. A decision to photograph on a particular day is normally delayed to the last practical moment to maximise the chance of suitable weather. Should the weather on the day not be as forecast and the assignment needs to be postponed, or there is some other reasonably unpredictable reason why the work could not be completed , then either there will be no additional charge to the Client for a return visit to complete the work or the Client can request a full refund of monies paid to MDS in respect of the cancelled time. No refund will be made for any chargeable preparation work already carried out.
11.2 The UAV and camera can weigh up to 7kg. Whilst the UAVs have built-in self-stabilising measures, they are flying platforms and subject to movement by the wind and will tilt whilst being held against the wind. This may impact on the image quality, steadiness and the angle of the picture(s). MDS will endeavour to obtain the best quality pictures for the conditions. However, the images and video are not guaranteed to be steady and of broadcast standards (for instance).
11.3 If the work could not be completed due to Client reasons (e.g, but not limited to, lack of access or unscheduled site activity etc), the Client may be charged to recover costs and time.
11.4 MDS will always endeavour to complete its assignments by proposed completion dates. However, due to weather and other operational constraints, MDS cannot guarantee completion on or by any specific date. It, therefore, cannot be held responsible for any missed publishing or other deadlines or any consequential costs involving the timing of the commission.
11.5 The completion of work may be subject to alteration or cancellation due to cause or causes beyond the Business' control. Certain requested shots from specific locations, directions and heights, quoted to be undertaken, may not be possible on the day for various operational reasons. In this case, the best possible alternative shot(s) will be supplied and these will be deemed to fulfil the contract.
11.6 Battery limitations mean that each flight will last a maximum of approximately 25 minutes. This will normally generate up to 20 minutes of photographically usable flight time. After this time, the UAV must descend for a battery change.
11.7 In exceptional circumstances, MDS may not be able to completely fulfil or complete a contract at all. In these cases, it will refund part or all of any deposit received and not accept any other liability. In any event, the liability of MDS will be limited to the total value of the contract with no liability accepted for indirect and/or consequential loss.
11.8 MDS does not accept liability for errors resulting from incomplete or inaccurate instructions from the Client’s written brief, nor for delays or restrictions caused by Air Traffic Control, CAA or the Police or similar bodies.
11.9 Whilst back-up copies of images are often kept, MDS accepts no responsibility nor liability for maintaining archive copies of photographic material after the work has been delivered to and accepted by the Client.
11.10 MDS has all necessary insurances, including Public Liability Insurance, with an indemnity of up to 1 million GBP.
11.11 MDS does not accept liability for errors resulting from incomplete or inaccurate instructions from the Client’s written brief, nor for delays or restrictions caused by third parties.
11.12 MDS and its employees and agents shall be under no liability for any injury, loss, or damage of any kind whether direct, consequential or special and howsoever caused resulting from or arising out of or incidental to:
11.12.1 Any negligence on the part of MDS or its employees (except insofar as the same causes death or personal injury) or
11.12.2 MDS's performance of or failure to perform or breach of any of its express implied obligations under the contract.
11.13 The Client shall indemnify the Business against any liability whatsoever (including any liability based on the negligence of the Client) which it may incur resulting from any claim made against the Client by any third party.
11.14 We accept no liability for delay or non fulfilment of any term of the contract caused wholly or in part by “force majeure”, which expression shall be deemed to include war, strikes, lockouts, accidents, fire, scarcity of materials or any other cause or causes not within the Business' direct control.
12. Modifications to the Services and Prices
12.1 Prices for MDS's products are subject to change without notice.
12.2 MDS reserves the right at any time to modify or discontinue a service (or any part or content thereof) without notice at any time.
12.3 MDS shall not be liable to the Client or to any third party for any modification, price change, suspension or discontinuance of a service.
13. General Conditions
13.1 No failure or delay on the part of MDS to exercise its rights under the contract shall operate as a waiver thereof nor shall any single nor partial exercise of any such right exclude any other or further exercise thereof. Any waiver of a breach of any provision of the contract shall not affect MDS's rights in the event of any further or additional breach or breaches.
13.2 Notwithstanding termination of the contract these Conditions shall continue in full force and effect for so long as is necessary after such termination to give full effect to the provisions contained in these Conditions.
13.3 The contract shall be construed in accordance with UK law which shall be the proper law of the contract and the UK Court shall have sole jurisdiction in relation to the provisions contained in these Conditions.
13.4 The clause headings in these Conditions are for convenience only and shall not affect the interpretation hereof in any way whatever.
13.5 Each and every obligation contained in the clause or sub-clause of these Conditions shall be treated as a separate obligation and shall be severally enforceable as such and the non-enforceability at any time of the clause or sub-clause of these Conditions shall not prejudice the enforceability of the remainder.
13.6 These Conditions are stipulated by MDS on it's own behalf and on behalf of all it's employees and agents and apply for the protection of all its employees and agents as for MDS. The Client undertakes not to sue or make any claim whatever against any employee or agent of MDS in respect of any alleged negligence or other default of that employee or agent in relation to the carrying out, failure to carry out or breach of any contract.
13.7 The Client acknowledges and agrees by placing orders with MDS that:
13.7.1 This is a transaction into which both parties are freely entering.
13.7.2 There are clauses contained in these Conditions which exclude, limit or modify the liability of MDS and it's employees and agents.
13.8 The Client acknowledges that they have read this Agreement and both understands and agrees with MDS regarding all of the Terms and Conditions.
Site Terms and Conditions
1.1 This website (“our Site”) promotes the business referred to on it. In these conditions, the business will be referred to as ‘we’ and/or ’our’. The term ‘Pilot’ refers to the person in command on the day of operation who is responsible for operating the aircraft. www.milwarddrones.com is a site operated by Milward Drone Services which is a trading name of Milward Recruitment Services LTD . A limited company registered in England and Wales under company number 10841953 with registered office in England.
2. Accessing our Site
2.1 We cannot guarantee that our Site will operate continuously or without interruptions or be error-free. You must not attempt to interfere with the proper working of our Site and, in particular, you must not attempt to circumvent security, tamper with, hack into, or otherwise disrupt our Site or any computer system, server, router or any other internet-connected device.
2.2 You are responsible for ensuring that your computer system meets all relevant technical specifications necessary to use our Site and is compatible with our Site. You also understand that we cannot and do not guarantee or warrant that any content on our Site will be free from infection, viruses and/ or other code that has contaminating or destructive properties. You are responsible for implementing sufficient procedures and virus checks (including anti-virus and other security checks) to satisfy your particular requirements for the safety and reliability of data input and output.
2.3 From time to time, we may restrict access to certain features or parts of our Site, or our entire Site. We reserve the right, in our discretion, to withdraw, suspend or modify our Site or certain features or parts of our Site with or without notice to you, where we have reason to do so. You agree that we will not be liable to you or to any third party for any withdrawal, modification, unavailability, suspension or discontinuance of our Site or any service available on or through our Site.
3. Using our Site
3.1 You must use our Site and the information available from our Site responsibly. No such information may be used for or in connection with any unlawful, immoral or anti-social purpose, or in a manner which is or may be damaging to our name or reputation.
3.2 You cannot use our Site:
a. for any unlawful purpose;
b. to send spam;
c. to harm, threaten, abuse or harass another person, or in a way that invades someone’s privacy or is (in our reasonable opinion) offensive or is unacceptable or damaging to us, our customers or suppliers;
d. to create, check, confirm, update or amend your own or someone else’s databases, records, directories, customer lists, mailing or prospecting lists;
e. to tamper with, update or change any part of our Site;
f. in a way that affects how it is run;
g. in a way that imposes an unreasonable or disproportionately large burden on us or our suppliers’ communications and technical systems as determined by us; or
h. using any automated means to monitor or copy our Site or its content, or to interfere with or attempt to interfere with how our Site works.
4. Intellectual Property Rights
5. Our Liability
5.1 Although we hope our Site will be of interest to users, we accept no liability and offer no warranties or conditions in relation to our Site or its content, to the fullest extent such liability can be excluded by law.
5.2 Under no circumstances will we, the owner or operator of our Site, or any other organisation involved in creating, producing, maintaining or distributing our Site be liable, whether in contract, tort (including negligence), breach of a statutory duty, even if foreseeable, for any loss of:
a. profits, sales, business, or revenue;
b. business interruption;
c. anticipated savings;
d. business opportunity, goodwill or reputation;
e. use of, or corruption to information; or
5.3 If we do not keep to these conditions, then we will only be liable for losses you have suffered as a direct result. We are not liable to you for any other losses whether such losses are because we have not kept to our obligations or contract, because of something we have done or not done in negligence, due to defamatory statements or liability for a product or otherwise as a result of:
a. use of, or inability to use, our Site;
b. use of or reliance on any content displayed on our Site; any mistake, fault, failure to do something, missing information, or virus on our Site or if it does not work properly because of incidents outside of our control such as (but not limited to) interruptions to communication and networks and circumstances beyond our control;
c. theft, destruction of information or someone getting access to our records, programs or services without our permission; or
d. goods, products, services or information received through or advertised on any website which we link to from our Site.
6.1 Where our Site contains links to other websites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those websites or resources.
6.2 Any formal legal notices should be sent to us using the details set out on our Site.
7. Governing Law and Jurisdiction
7.1 These conditions make up the whole agreement between you and us in how you use our Site. If a court decides that a condition is not valid, the rest of the conditions will still apply.
7.2. The laws of England and Wales apply to your use of our Site and these conditions. We control our Site from within the United Kingdom. However, you can get access to our Site from other places around the world. Although, these places may have different laws from the laws of England and Wales, by using our Site you agree that the laws of England and Wales will apply to everything relating to you using our Site and you agree to keep to these laws. We have the right to take you to court in the country you live in.
9. How to Contact Us
8.1 If you experience problems with our Site or would like to comment on it, please feel free to contact us by using the details set out on our Site.
1. Images and Video
Milward Drone Services take the utmost care when we photograph and film with our Drone equipment. We acknowledge that all images of identifiable individuals, even when capture inadvertently, are subject to the Data Protection Act 1998. MDS therefore complies with the collection, storage and use of such images. Further information about the Data Protection Act 1998 and the circumstances in which it applies can be obtained from the Information Commissioner's Office and website: www.ico.org.uk.
2. Privacy Statement
When a visitor loads the website, no identifiable information about the user is known or captured. When a user contacts Milward Drone Services then any information submitted may be kept and will be dealt with in accordance with the Data Protection Act 2018. Aggregate information about which pages visitors access, user-level information on which pages are visited and any other volunteered information from the visitor may be captured. The information collected is used for internal purposes only and is discarded when it is no longer required.
As a visitor to this website you accept that you understand and agree that Milward Drone Services, as the owner of this site, shall not be liable for any direct, indirect, incidental, consequential or exemplary damages, including but not limited to, damages for loss of profits, data or other intangible losses (even if the owner of this site has been advised of the possibility of such damages), resulting from the use or the inability to the product(s) and/or service(s) or any misuse of the product(s) and/or service(s) in a manner not in accordance with their intended use.
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