TERMS AND CONDITIONS

1. Introduction

1.1 The terms set out below apply to all transactions and visitors to Flite’s website (“Website”) (for browsing purposes or otherwise) in relation to the purchase of Flite Aerial Solutions (“Flite”) services, including but not limited to, aerial photography and videography and creative editing (each a “Service” or, two or more, the “Services”) captured by an Unmanned Aerial Vehicle (“Drone/s”) as agreed between Client and Flite as a result of contact with Flite, or upon acceptance of a quotation provided by Flite. By accepting a quotation or purchasing services from Flite, you are indicating your acceptance to be bound by these Terms and Conditions. You understand these Terms and Conditions form a legal agreement between you and Flite and can only be amended by written consent between the parties.

1.2 We reserve the right to change these Terms and Conditions from time to time without prior notice to you, provided that any such change will not affect any purchase you have made before the change is implemented.

2. Order Acceptance Policy

2.1 Written quotations provided by Flite are valid for 14 days and will be supplied to Client for all work on receipt of a clear and accurate written brief or upon verbal agreement between Flite and Client (“Brief”). Any and all Briefs must contain objectives of the aerial photography or videography projects in order to avoid errors. The Brief may include photographs of the place of business, piece of land, object or residence and details relating to the natural surroundings of the location.

2.2 The quotation will include all preparatory research work of the site or location, initial site visit (if necessary), travelling hours, equipment setup/flight safety check, photo upload/link transfer, creative editing hours, hours required for Drone flying, provision of permissions or consents by relevant authorities and/or persons.

2.3 Flite reserves the right to amend any quotation if it is reasonably determined that additional hours may be needed or if any flight operation could impair the operational safety of the equipment, persons, property or violate any laws.

3. Payment Terms

3.1 A non-refundable 10% deposit will be required at the time of acceptance of quotation. This will ensure Flite is available for your requested date and time. Upon completion of any job for Client ("the Job"), Flite will invoice outstanding amount and full payment must be made to Flite no later than 7 days upon receipt of the invoice. Failure to pay within 7 days will incur an additional $25 per day late fee for every day invoice remains outstanding.

3.2 Terms of payment may be modified by Flite with prior notice to you, depending on Job requirements (for example, if Job is to be completed in stages) specified by Client.

4. Cancellation by Flite

4.1 In the event Flite cannot operate or fly due to any unforeseen circumstances, including but not limited to, adverse weather conditions, mechanical failures of Flite equipment, and the Job cannot be rescheduled to a later date as agreed between Flite and Client, Flite will refund all monies paid from the time the cancellation occurs. Costs incurred prior to the affected day such as prior site visits and meetings are excluded an remain due and owing for payment.

4.2 In the event Flite employees attend the site to conduct its Services and are unable to safely operate the Drone or for any other reasons that Flite was not made aware of prior to the day by Client, Flite will retain 100% of the payment and any outstanding amounts will remain payable. In the event the parties come to an agreement about rescheduling a Job, Flite may, at its sole discretion, offer a discount for any rescheduled shoot as agreed.

5. Cancellation by Client

5.1 Any notice of cancellation by Client must be received in writing by Flite (“Cancellation Notice”). A Cancellation Notice is not valid unless confirmed in writing by Flite. Cancellation fees are as follows:

5.1.1 Prior to non-refundable payment being made or any other payment – Nil.

5.1.2 More than 2 days’ (two) notice – 50% of quotation or agreed fees less any payment already made.

5.1.3 Less than 2 days’ (two) notice – 100% of the quotation or agreed fees less any payments already made.

6. Site and Location

6.1 Whilst Flite’s pilots are certified and try to take all reasonable steps necessary to ensure legal regulations are followed, Client acknowledges that Flite is not responsible for any inability to capture footage or complete a Job due to unforeseen legal and/or privacy laws based on the location.

6.2 Client grants Flite full permission to use the land or site location to conduct its Services as agreed between Client and Flite. Client further confirms that all permissions have been granted by relevant corporate bodies and/or persons operating or situated at the location or site and will be responsible for any adverse consequences, including but not limited to fines, for failing to properly obtain relevant permissions necessary to be obtained by Client.

6.3 Client confirms that the location or site will be free of any dangerous obstacles that could cause damage to Flite employees or to Flite’s equipment, including but not limited to, power lines, aggressive animals, nets, cables, wires or fire. Any damage caused to Flite’s employees or Flite’s equipment as outlined in section 6.3 will be the sole responsibility of the Client.

6.4 Flite reserves the right to terminate the Job and leave the location of the Job if the Flite Pilot experiences inappropriate, threatening, hostile or offensive behaviour from person(s) at the location or site, or in the event that the safety of the Flite Pilot is in question.

6.5 Flite is not responsible for compromised coverage due to causes beyond the control of Flite, including but not limited to, obstructions, obtrusive guests, lateness of Client, weather conditions, schedule complications, incorrect information or address provided by Client, or restrictions of the location or site.

6.6 Flite is not responsible for backgrounds or lighting conditions which may negatively impact or restrict the Services.

6.7 Flite will not be held liable for missed coverage of any part of the Job and will not be held accountable for failure to deliver images of any individuals or any object that is not included in the agreed quotation and/or Job.

11.5 The completion of a Job may be subject to alteration or cancellation due to cause or causes beyond the Flite’s 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 including but not limited to, weather and land permissions/consents. In this case, the best possible alternative shot(s) will be supplied and these will be deemed to fulfil the contract.

7. Cooperation by Client

7.1 Flite and Client agree and acknowledge that cooperation and punctuality are essential to accomplish the objectives and wishes of all parties. The Job will commence at the agreed time between Flite and Client and will end as per the hours listed on the quotation. In the event Client does not arrive at the appointed time for the Job, shooting will commence at the schedule start time and end at the schedule end time. Any additional time outside of the quotation will be billed and payable by Client accordingly.

8. Photography and Videography Material Supplied by Flite

8.1 Subject to the quotation agreed between Client and Flite, Flite will provide Client with finalised photographs and videos as per the instructions of Client (“the Materials”) via a web link, photo upload link or as agreed between Client and Flite. Unless creative editing is included in the quotation, still photographic material will be supplied as unedited images. Video material will be supplied as unedited rushes. Flite takes no responsibility for damage or data loss of the Materials as a result of downloading or copying the Materials to any device of the Client’s including but not limited to, computers, tablets, laptops or mobile phones.

8.2 Client agrees and understand that in the event any further editing is required by Client post Flite providing the Material to Client, additional charges may be incurred, and payment will be in accordance with the quotation provided.

9. Intellectual Property Rights and Licensing

9.1 Client and Flite understand and acknowledge that any and all of the Materials produced or provided as a result of the Services conducted by Flite are protected by copyright in accordance with the applicable laws, including but not limited to the Copyright Act 1968 (Cth).

9.2 Client acknowledges that in accordance with Flite’s copyright rights, Flite reserves the right to:

9.2.1 reproduce or publish the Materials- for example, for Flite marketing and advertising purposes; and

9.2.2 communicate the Materials to the public – for example, displaying the Materials on Flite’s Website, broadcasting or emailing digital files of the Materials.

9.3 Client acknowledges that Flite will digitally place a Flite Aerial Solutions small watermark on the Materials and is not permitted to remove the small watermark unless as agreed between Flite and Client.

9.3 Unless agreed between Flite and Client, use of the Materials by any third party (including, but not limited to, newspapers, magazines, book publishers, television, film, other companies and/or persons whether it be on the Internet or otherwise) will only be granted following written permission from Flite and may incur extra charges.

9.10 All Client’s, potential Client’s or visitor to Flite’s website, agree and understand that all intellectual property rights (including trade marks, logos, brands, graphics, images, text, software, computer programs, film clips, videos and other media) displayed on or relating to this Website or Flite’s social media accounts are owned by Wikloe (or its licensors, sponsors, suppliers or related bodies corporate). Apart from the personal, non-commercial use of the content of this Website, you must not do any of the following unless You have received the prior written permission of Flite:

reproduce, reformat, reuse, transmit (including broadcast), communicate, adapt, distribute, sell, modify, store in a retrieval system or publish or otherwise use any of the material on this Website (including without limitation any underlying source code or other data);
interfere with, or attempt to interfere with, the proper working of this Website, (including, for example, by making excessive traffic demands on this Website);
reproduce Flite’s trademarks or logos on another Website;

10. Licensing

10.1 Upon full payment of any outstanding fees, Flite grants Client an exclusive licence to use the Materials for commercial and personal purposes including but not limited to; marketing and advertising goods and services on social media platforms or via newspapers, magazines or television.

10.2 Client acknowledges that any editing or alteration to the Materials is strictly prohibited unless as authorised in writing by Flite.

11. Limitation of Liability

11.1 Subject to the maximum extent permitted by law, in no event is either party liable for any of the following arising out of or concerning this con, however caused (including, without limitation, by a party’s negligence): loss of revenue; loss of actual or anticipated profits (including loss of profits on contracts); loss of the use of money; loss of anticipated savings; loss of business; loss of operating time or loss of use; loss of opportunity; loss of goodwill, loss of reputation; any indirect or consequential damages; or any damages not arising naturally and according to the usual course of things from the relevant breach, whether or not such loss may reasonably be supposed to have been in the contemplation of both Parties, at the time they made the contract, as the probable result of the relevant breach.

11.2 Client understand that whilst Flite’s equipment has built-in self-stabilising technology, the Drones are not waterproof nor capable to be flown during extreme weather events such as extreme wind, hail, rain, snow, or thunderstorm. In the event unsuitable weather occurs during or on the day of the Job, Flite reserves the right to reschedule shooting to the next available day at no additional cost to Client (unless additional travel time is required).

11.3 Flite will always aim to complete assigned creative editing jobs by proposed completion dates to Client. However, in the event finished creative products are not available to Client by the proposed date, Flite will not be held liable for any missed business deadlines such as publishing deadlines or for any consequential losses resulting from the missed deadline.

11.6 Client understands that Flite’s DJI Mavic Pro 2 Drone has a combined battery life of 1.5 hours and the DJI FPV Drone has a combined battery life of 45 minutes after which time the Drone must be brought back to land for recharging. Additional hours may be charged to Client.

11.7 Battery limitations mean that each flight will last a maximum of approximately 28 minutes. This will normally generate up to 25 minutes of photographically usable flight time. After this time, the UAV must descend for a battery change.

11.8 In the event Flite cannot completed a Job as agreed, due to exceptional circumstances, Flite will refund Client part or all of any deposits or payment received and will not accept any other liability.

11.9 Flite will not be held liable for errors resulting from incomplete or inaccurate instructions from the Client’s written brief, nor for delays or restrictions caused by third parties such Air Traffic Control, CASA, Police or the relevant Council.

11.10 Whilst back-up copies of images are often kept, AIDP accepts no responsibility nor liability for maintaining archive copies of photographic material after the work has been delivered to and accepted by the Client.

11.11 Flite 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:

11.13 Any negligence on the part of Flite or its employees (except insofar as the same causes death or personal injury) or

11.13 Flite’s performance of or failure to perform or breach of any of its express implied obligations under the contract.

11.15 The Client shall indemnify Flite 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.

12. Modifications to the Services and Prices

12.1 Prices for Flite’s services are subject to change without notice.

12.2 Flite 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 Flite shall not be liable to the Client or to any third party for any modification, price change, suspension or discontinuance of a service.

13. Force Majeure

13.1 Neither Party is liable for failure to perform its obligations under these Terms and Conditions (except for any payment obligations) to the extent that performance is delayed, prevented, restricted or interfered with as a result of any causes beyond its reasonable control, including acts of God, terrorism, labour action, fire, flood, earthquake, denial of service attacks and other malicious conduct, utility failures, power outages, or governmental acts, orders, restrictions, epidemic or pandemics.

14.Governing Law

14.1 If Customer is resident in Australia or New Zealand, this contract is governed by and construed under the laws of the state of New South Wales, Australia without regard to its conflict of laws principles. The Parties irrevocably submit to the non-exclusive jurisdiction of the courts in that state.

15. Severability

If any term of these Terms and Conditions is held invalid or unenforceable for any reason, the remainder of the term and this Agreement will continue in full force and effect. Flite reserves the right to amend any invalid or unenforceable term to the minimum extent necessary to make that term legal and enforceable.