Last Updated: 10th July 2019
The following terms and conditions (“Terms”) are for those wishing to engage in the services provided by The SkyCam (“Client”) and sets out the relationship between The SkyCam and you (“You”, “Your” or “Client”).
- The SkyCam provide aerial photography and video services (“Services”)
- The SkyCam is a franchise company
- The SkyCam Services can be found on this Site
- Depending on the Service(s) you require, other Services may be required simultaneously. Where this is the case, cancellation of one Service shall mean cancellation of the other.
- Services are seamlessly connected and Fees shall be invoiced as one package.
- Each Service provided by The SkyCam shall incorporate their own slight adjustment to these terms, each variation of a term can be found on the Site.
- Where these Terms and those set out under each Service on the Site are in contradiction, these Terms shall prevail.
Charges and Fees
- The SkyCam fees (“Fees”) can be provided upon request, depending on the Service you require. Fees are subject to change and adjustment. However, Fees shall not be changed once a quote has been received.
- Quotes are provided based on the information received by from the Client. As such, Clients agree to provide information as accurately as possible and to answer any questions, reasonably asked by the representative providing the quote.
- Some Services may require the payment of a non-refundable, non-cancellable deposit. Where this is the case, The SkyCam shall advise of the same.
- 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.
- 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.
- 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.
- Invoices shall be payable within seven (7) days of the date of invoice.
- 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.
Responsibilities and Obligations
- Clients engaging in the Services should be over the age of 18 years.
- 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 The SkyCam
- The SkyCam shall not be used for investigative purposes. 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 SkyCam’s Services.
- Clients must ensure that all paperwork, documentation and other related details are provided to The SkyCam in a timely manner.
- Where the Client delays the providing of documents and/or information, resulting in an inability for The SkyCam to complete an obligation, such obligation may be waived.
- The Client warrants that they are entitled, legally, to enter into this agreement with The SkyCam.
The SkyCam Obligations
- The SkyCam and its representatives shall do its utmost to ensure fast reliable Services at all times.
- The SkyCam representatives shall endeavour to ensure that the Services provided are done so as efficiently as possible.
Copyright and Intellectual Property
- The SkyCam are the owners or the licensees of all intellectual property rights in and on the website (“Site”). Those works are protected by copyright laws and all such rights are reserved.
- All logos, designs, slogans and names belonging to The SkyCam or its licensors or displayed on the site are the property of The SkyCam and are protected by Trademark laws. Trademarks should not be used without the express written consent of The SkyCam.
- 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.
- Copyrights in any photography, video footage or images captured by The SkyCam shall remain the property of The SkyCam unless otherwise agreed in writing by a director or other officer.
- Images or footage captured by The SkyCam 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 The SkyCam
Warranty and Limitation of Liability
- The SkyCam 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. You expressly agree that your use of the Service is at your sole risk. The SkyCam disclaims all warranties, express or implied, including without limitation, implied warranties of merchantability, fitness for a particular purpose, and non-infringement, to the fullest extent permitted by law. The SkyCam makes no warranty as to the security, reliability, timeliness, and performance of the site. You specifically acknowledge that The SkyCam are 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. Except for the express, limited remedies provided herein, and to the fullest extent allowed by law, The SkyCam 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 The SkyCam have been advised of the possibility of such damages. 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 The SkyCam’s aggregate liability to you exceed the amounts paid by you to The SkyCam pursuant to these terms.
- The SkyCam 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.
- You shall indemnify and hold harmless The SkyCam 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 The SkyCam; and/or asserted against or suffered by The SkyCam 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 The SkyCam directly.
- The SkyCam’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 The SkyCam’s or its suppliers’ faulty design, materials, installation or workmanship within such period as is given to The SkyCam by its suppliers, or if none within a period of six months after such Services have been rendered.
- The Provisions of this clause 6 shall not apply in circumstances where they may not apply by virtue of applicable law, including where applicable, and without limitation: –
- by virtue of Section 7 of the Consumer Protection Act 1987; and
- by virtue of Section 2(i) of the Unfair Contract Terms Act 1977 in respect of liability for negligence.
- In these terms the expression “Services” shall include without limitation the making of any statements by TheSkyCam or on its behalf in connection with these terms. For the purpose of this clause The SkyCam contracts on its own behalf and on behalf of, and as trustees for, it’s personnel.
- For the purposes of this clause 6:
- “Liability” means liability in contract, tort (including without limitation negligence and defamation), breach of statutory duty or otherwise
- “Losses” means demands, claims, awards and other losses and expenses (including legal fees) in respect of death, personal injury, loss or damage
- “Personnel” includes partners, officers, employees, agents and representatives.
- Should any claim arise in contract or in tort (including negligence) or otherwise, The SkyCam’s maximum aggregate liability shall in no circumstances exceed an amount equal to The SkyCam’s Professional Indemnity cover.
- 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.
- In the event that You do not wish to pursue with the Services after having booked such service, you may contact the representative on the details found on the site, to do so.
- Cancellations being accepted by The SkyCam shall be dependent on the Service being provided.
- Where relevant, a cancellation may be accepted, however, deposits may not be refundable.
- The SkyCam do not tolerate any abusive or wrongful behaviour towards their representatives, where a representative feels threatened or harassed under this clause 8, they reserve the right to terminate their Services with full payment.
- The SkyCam may terminate their Services to you without notice.
- The SkyCam 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 The SkyCam or any national or international law, governmental order or regulation or any other event beyond The SkyCam’s control (collectively, “Force Majeure Event”). Upon occurrence of any Force Majeure Event, The SkyCam 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.
- 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. You acknowledge that SkyCam will have no adequate remedy at law in the event You use the deliverables in any way not permitted hereunder, and hereby agree that The SkyCam 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.
- These terms shall supersede any and all previous agreements or terms and the terms of business which are normally used by You.
- The SkyCam may, from time to time amend or change these terms. Any amendments shall be uploaded to the site, and You are responsible for checking amended versions of the same.