TERMS AND CONDITIONS
1. WEBSITE TERMS AND CONDITIONS OF USE
2. TRADING TERMS AND CONDITIONS
1. WEBSITE TERMS AND CONDITIONS OF USE
Acceptance of Terms and Conditions
By using Our Site and Services, you agree to be legally bound by the following Conditions of use. These along with our Privacy Policy govern the relationship between you and SkyeServe in relation to the use of Our Site and Services. Your agreement to comply with and to be bound by these Conditions is deemed to occur upon your first use of Our Site. If you disagree with any part of these Conditions, you should stop using Our Site with immediate effect.
In order to use Our Site, you must be at least 18 years of age. By using Our Site, you represent and warrant that you are at least this age and take full responsibility for your use of Our Site.
Interpretations
SkyeServe, We, Us or Our means the operator of this website.
Our Site means this website, www.skyeserve.co.uk, and any subdomains, unless expressly excluded by their own terms and conditions.
Conditions means these terms and conditions which govern the use of Our Site.
User, Users, You or Your means any third party that accesses Our Site and is not either: (i) employed by SkyeServe and acting in the course of their employment or; (ii) engaged as a consultant or otherwise providing services to SkyeServe and accessing the Website in connection with the provision of such services.
Content means any text, graphics, images, audio, video, software, data compilations, page layout, underlying code and software and any other form of information capable of being stored on a computer that appears on or forms part of Our Site.
Service or Services means any online facilities, tools, services or information that SkyeServe makes available through Our Site.
Intellectual Property and Acceptable Use
All Content included on Our Site is the property of SkyeServe, our affiliates and other relevant third parties. By continuing to use Our Site you acknowledge that all such Content is protected by copyright, trademarks, database rights and other intellectual property rights. Nothing on Our Site shall be construed as granting, by implication, estoppel or otherwise, any licence or right to use any trademark, logo or service mark displayed on the site without the prior written permission of the owner.
You may, for your own personal use, non commercial use only, do the following: retrieve, display and view the Content of Our Site on a computer screen or other mobile computing device.
You must not otherwise reproduce, copy, distribute, modify or use for commercial purposes any of the Content on Our Site without prior written permission from SkyeServe.
Prohibited Use
You may not use Our Site for any of the following purposes: (a) in any way which causes, or may cause, damage to Our Site or interferes with any other persons use of Our Site; (b) in any way which is harmful, unlawful or illegal, abusive, harassing, threatening or otherwise objectionable or in breach of any applicable law, regulation or government order; (c) making, transmitting or storing electronic copies of Content protected by copyright without the prior permission of the copyright owner.
By breaching these provisions, you may be committing a criminal offence under the Computer Misuse Act 1990. Any and all such breaches will be reported to the relevant law enforcement authorities and We will cooperate fully with those authorities by disclosing your identity to them. Your right to use Our Site will cease immediately in the event of such a breach.
Registration
You must ensure that all details provided when contacting us are correct and complete when registering details on Our Site. If there are any changes to the information that you have provided, you must notify us immediately to ensure we communicate with you effectively.
We may suspend or cancel your access to Our Site with immediate effect for any reasonable purpose or if you breach these Conditions.
You may contact SkyeServe at any time to cancel any registered details in writing using any form of written communication. If you do so, you must then immediately stop using Our Site. Cancellation or suspension of any registered details does not affect any statutory rights.
Links to other websites
Our Site may contain links to other websites. Unless expressly stated, these sites are not under the control of SkyeServe or that of our affiliates.
We assume no responsibility for the content of such websites and disclaim liability for any and all forms of loss or damage arising out of the use of them.
The inclusion of a link to another website from Our Site does not imply any endorsement of the websites themselves or of those in control of them.
We cannot and do not take responsibility for the collection or use of personal data from any third party website. In addition, we will not accept responsibility for the accuracy of third party advertisements.
Privacy
Use of Our Site is also governed by our Privacy Policy which is incorporated into these Conditions by this reference. You can view the Privacy Policy at: www.skyeserve.co.uk/privacy.
Our Site uses cookies. By using Our Site, you consent to the use of cookies in accordance with our Privacy Policy. Cookies are used in some areas of Our Site for functionality purposes. You can view the Cookie Policy at: www.skyeserve.co.uk/cookies.
Availability of Our Site and Disclaimers
Any Service is provided “as is” and on an “as available” basis. We give no warranties that the Service will be free from defects and/or faults. To the maximum extent permitted by law, we provide no warranties (expressed or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality. SkyeServe is under no obligation to update information on Our Site.
Whilst all reasonable endeavours are used by SkyeServe to ensure that Our Site is secure and free from errors, viruses and other malware, we give no warranty or guarantee in that regard and all Users take responsibility for their own security, that of their personal details and their computers.
We make no representation, warranty, or guarantee that Our Site will: (a) meet your requirements; (b) not infringe the rights of third parties; (c) be compatible with all software and hardware; (d) be secure.
If a User finds that any trademarks, trade names, copyrights, patents or other industrial property rights are disputed or infringed by a Third Party, they shall promptly inform SkyeServe thereof and shall commit to assist SkyeServe in taking necessary steps to protect its rights.
The information contained on Our Site does not constitute a confirmed offer to sell or the solicitation of an offer to buy any Goods or Services; and should not be relied upon in connection with any investment decision.
SkyeServe accepts no liability for any disruption or for Our Site been unavailable.
SkyeServe reserves the right to alter, suspend and discontinue and part of, or the whole of, Our Site. This is including but not limited to any products and/or services available. These Conditions shall continue to apply to any modified version of Our Site unless it is expressly stated otherwise.
Limitation of Liability
Nothing in these Conditions will: (a) limit or exclude our or your liability for fraud or fraudulent misrepresentations; or (b) limit or exclude any of Our or Your liabilities in any way that is not permitted under applicable law.
To the maximum extent permitted by law, SkyeServe accepts no liability for any of the following: (a) any business losses, such as loss of profits, income, revenue, anticipated savings, business, contracts, goodwill or commercial opportunities; (b) loss or corruption of any data, database or software; (c) any special, indirect or consequential loss or damage.
We will not be liable to you in respect of any losses arising out of events beyond our reasonable control.
Content provided on Our Site is general information only and is provided purely for the convenience of Users. It is provided without taking into consideration the personal circumstances of any User and the information is in no way a substitute for professional advice.
SkyeServe shall not be liable for any loss, damage, costs or expense, whether direct, indirect, incidental, special and/or consequential including loss of profits, suffered by a User or any third party, or claims made against a User or any third party which result from the use of Our Site or reliance on any information from Our Site.
General
You may not transfer any of your rights to any other person under these Conditions. We may transfer our rights under these Conditions where we reasonably believe your rights will not be affected.
From time to time these Conditions may be varied by SkyeServe. Such revised Conditions will apply to Our Site from the date of publication. Users should regularly check the Conditions to ensure familiarity with the current version.
These Conditions along with our Privacy Policy and Cookies Policy contain the whole agreement between the parties relating to its subject matter and supersede all prior discussions, arrangements or agreements that might have taken place in relation to the Conditions.
The Contracts (Right of Third Parties) Act 1999 shall not apply to these and no third party will have the right to enforce or rely on any provision of these Conditions.
If any court or competent authority finds that any provision of these Conditions, or part of any provision, is invalid, illegal or unenforceable, the provision or part provision will, to the extent required be deleted, and the validity and enforceability of the other provisions of these Conditions will not be affected.
Unless otherwise agreed, no delay, act or omission by a party in exercising any right or remedy will be deemed a waiver of that, or any other, right or remedy.
This Agreement shall be governed by and interpreted accordingly by the law of England and Wales and all disputes arising under the Agreement (including non contractual disputes or claims) shall be subject to the exclusive jurisdiction of the English and Welsh courts.
SkyeServe
Date: 05 April 2019
These Website Terms and Conditions of Use supersede all previous Website Terms and Conditions of Use.
2. TRADING TERMS AND CONDITIONS
Acceptance of Terms and Conditions
By using and purchasing Services from SkyeServe, you agree to be legally bound by the following Conditions. These along with our Privacy Policy govern SkyeServe’s relationship with you in relation to our Services. These Conditions can only be amended with SkyeServe’s written consent.
SkyeServe reserve the right to change these Conditions 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.
Interpretations
We, Us or Our shall mean SkyeServe, see impressum for further details.
Conditions means these trading terms and conditions which govern the use of Our Services.
Service means any product or service provided by SkyeServe to the Client, as specified in the Agreement.
Buyer, You or Your means any person(s), firm or company hiring SkyeServe to perform a Service or to provide Goods.
Agreement means the Client’s offer to receive Services and SkyeServe’s subsequent written acceptance of that offer, or the Client’s acceptance of a valid Quote from SkyeServe.
Quote means the document issued by SkyeServe setting out the details of the Services, the responsibilities for the provision of the Services, the estimated timetable for the Services, and the cost of the Services.
Our Site means Our website, www.skyeserve.co.uk, and any subdomains of the website.
Equipment means any items of equipment required to complete the Services set out in the Agreement.
Services means any service provided by SkyeServe to the Buyer as specified in the Contract that results in the Buyer purchasing Content or Goods from us.
Content or Material means information of any means which is either provided on Our Site or as a result of providing you with our Services. This includes but is not limited to content and information, photographs, graphics, video, software or other material.
Goods means any physical items made available to the Buyer as a result of providing you with our Services.
Intellectual Property means any patents, rights in inventions, copyright, trademarks, goodwill, designs, rights in software, business and domain names.
Parties means SkyeServe and the Buyer, each is a “Party”.
Third Party means any person(s) or group(s) besides the two primarily involved in a situation.
Location means the site where the Service will be carried out.
Licence means the non-exclusive (unless otherwise agreed in writing) non-sublicensable right SkyeServe grants to the Buyer to use the Content.
Release means a model or property release or any other release of a Third Party right or other permission which it is necessary or desirable to obtain in respect of any Content.
Words imparting the singular number shall include the plural and vice-versa.
The headings in these Conditions are for convenience only and do not affect their interpretation.
General
You acknowledge and agree that by ordering from SkyeServe that it is a transaction into which both parties are freely entering and that there are clauses contained in these Conditions which exclude, limit or modify the liability of SkyeServe and agents acting for SkyeServe.
You acknowledge that you have read these Conditions and fully understand and agree with SkyeServe regarding all of these Conditions.
The clause headings in these Conditions are for convenience only, they shall not affect the interpretation hereof in any way whatsoever.
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.
Any changes made to the Agreement must be agreed in writing in order to have effect. Such changes will not affect the rights of SkyeServe under these Conditions unless explicitly stated otherwise.
All communication, notices, invoices and demands from SkyeServe to the Buyer shall be regarded as having been properly delivered to the Buyer if posted, emailed, faxed, left at the address of the Buyer as stated as part of the Agreement or made available to you by any other means and shall be deemed to have been delivered the day after dispatch.
The Buyer shall not and SkyeServe may, assign, or deal in any similar manner with, all or any of its rights or obligations under the Agreement.
By entering into the Agreement, each of the Parties acknowledges and agrees that it does not rely on any statement or representation relating to the subject matter of the Agreement, other than as expressly set out in the Agreement or a document expressly referred to therein.
The Agreement is for the benefit of both Parties and where applicable their successors and permitted assigns. It is not intended to benefit, or be enforceable by, anyone else, whether under the Agreements (Rights of Third Parties) Act 1999 or otherwise.
These Conditions are stipulated by SkyeServe, on Our own behalf and on behalf of all agents; they apply for the protection of all SkyeServe and all agents. You undertake not to sue or make any claim whatever against anyone, Skyeseve or any agent of SkyeServe in respect of any alleged negligence or other default in relation to the carrying out, failure to carry out or breach of any Agreement.
We reserve the right to amend these Conditions. In such event, an amended Conditions will be posted on Our Site. All changes shall become effective upon their posting to Our Site. Your use of our Services from this date constitutes your acceptance of these Conditions as modified.
Communications
All notices under these Conditions must be in writing and signed by, or on behalf of, the party giving notice (or a duly authorised officer of that party).
Notices shall be deemed to have been duly given: (a) when delivered, if delivered by courier or other messenger (including registered mail) during the normal business hours of the recipient; (b) when sent, if transmitted by fax or email and a successful transmission report or return receipt is generated; (c) on the fifth business day following mailing, if mailed by national ordinary mail; or (d) on the tenth business day following mailing, if mailed by airmail.
All notices under these Conditions must be addressed to the most recent address, email address or fax number notified to the other party.
Viruses and Security
You are responsible for protecting your hardware, software, data and other material from viruses, malware, and other internet security risks. Whilst every effort is made to ensure Content is free from viruses or any other kind of malware, it is your responsibility to ensure this before opening any Content. SkyeServe will accept no responsibility for damage or losses caused by viruses or any other malware of any form.
You must not deliberately introduce viruses or other malware, or any other material which is malicious or technologically harmful to Our Site or systems.
You must not attempt to gain unauthorised access to any part of Our Site, the service on which Our Site is stored, or any other server, computer, or database connected to Our Site in order to try and access data.
By breaching these provisions, you may be committing a criminal offence under the Computer Misuse Act 1990. Any and all such breaches will be reported to the relevant law enforcement authorities and We will cooperate fully with those authorities by disclosing your identity to them. Your right to use Our Site will cease immediately in the event of such a breach.
Privacy
SkyeServe respect your privacy rights regarding your information. SkyeServe provide a Privacy Policy to help you understand how we collect and use your information when you use our Services and what options are available to you. This is available to view and print at: www.skyeserve.co.uk/privacy.
Intellectual Property
Unless otherwise agreed in writing, SkyeServe hold all the copyright for Content captured from our Services, this does not transfer to the Buyer.
Whilst the Buyer is able to use the Content provided by SkyeServe for an unlimited time under Licence, all Content remains Intellectual Property of SkyeServe.
The Buyer is not permitted to sell the Content, either partially or fully, to any Third Party without permission from SkyeServe in writing or unless a buyout has been agreed in writing.
Each party may publicise the relationship between the parties. In doing so, reasonable use may be made of the other party’s name and trademarks, provided that the goodwill in the associated intellectual property rights is not prejudiced.
SkyeServe may use any Content captured when providing a Service for internal promotional purposes. SkyeServe also hold the right to supply the Content to stock libraries at a later date and to sell any part of the Content to any Third Party without reference to the Buyer.
You may not use the Content in a pornographic, defamatory, fraudulent, lewd, obscene or otherwise illegal manner, including but not limited to infringing any third party Intellectual Property or privacy rights, whether directly or in context or by juxtaposition with other materials.
At all times, any Equipment used to fulfil the Agreement, as well as all intellectual property rights in the Equipment, and all intellectual property rights associated with the Services shall ensure to, and remain at all times, the sole property of SkyeServe. The Buyer has no right to the title or interest in such proprietary rights, except those explicitly granted by SkyeServe in any written Agreement.
Retention of Title
Whereby SkyeServe supply you with Goods, the title of the Goods shall remain with SkyeServe until payment has been received. Until such time, the Buyer shall keep the Goods free from any change, charge, lien or other encumbrance whatsoever and identifiable as the property of SkyeServe.
Until payment for the Goods is received in full, SkyeServe may at any time require the Goods to be returned to it and if such requirement is not forthwith complied with, it may take possession of the Goods and for such purposes is irrevocably authorised to enter upon any premises (whether or not occupied by the Buyer) to retrieve the Goods.
Any Intellectual property contained within any Goods remains with SkyeServe even after payment is received.
Any Content contained within which makes up our Goods are Intellectual Property of SkyeServe as is all Content from our Services.
Contract
These Conditions apply to the Agreement to the exclusion of any other terms and conditions that the Buyer seeks to incorporate, or which are implied by trade, custom, practice or course of dealing. Under no circumstances will an Agreement for the provision of Services by SkyeServe be established otherwise than on the basis of these Conditions.
The Buyers acceptance of a Quote constitutes an order for our Services whereby they agree to purchase Content and or Goods from SkyeServe in accordance with these Conditions. The Agreement will come into existence when a Quote is accepted by the Buyer, or by SkyeServe’s offer of acceptance.
Nothing else provided by SkyeServe including, but not limited to, information given over the telephone, sales and marketing literature, price lists and other informational material constitutes an Agreement offer capable of acceptance.
In the event that SkyeServe’s Quote or offer of acceptance contradicts any provision of these Conditions, the Conditions of the applicable quotation or offer of acceptance will prevail.
All oral communication between SkyeServe and the Buyer relating to our Services or the Agreement shall be confirmed in writing within two working days by the Buyer. SkyeServe will not be liable for any consequences of any inaccuracies or misunderstandings caused by the Buyer failing to confirm their order in writing or the correspondence being lost in the post.
Content and or Goods will be supplied in accordance with the accepted Quote and cannot be cancelled, deferred or altered and shall not be subject to reduction or variation except by mutual agreement confirmed in writing by both parties and subject to agreement as to related costs.
The duration of any Service whereby we need to carry out work at a Location will be at our discretion. The SkyeServe Operative(s) will spend as long as they feel is necessary onsite to gather the data necessary in order to provide you with the Content you have requested through our Services.
Any reorders, reprints and enlargements of Content from the original material can be supplied on request, subject to SkyeServe still having the Content. Reorders will be treated as a new Agreement. SkyeServe will issue you with a Quotation for this when You provide image reference numbers and details of what is required in writing. A written quotation will then be supplied.
Once the Content from a Service has been delivered to the Buyer, SkyeServe will classify this as fulfilment of the Agreement. Once Content is delivered, SkyeServe will only hold Content for internal use for a limited time.
Content may not be used until payment is received in full by SkyeServe.
SkyeServe has no responsibility to hold backup copies of Content for the Buyer. Any reorders of Content are subject to availability. Availability is not guaranteed.
SkyeServe will only retain Content that it intends to use for the likes of promotional material and Content may be deleted by SkyeServe at any time.
Unless otherwise agreed win writing beforehand, SkyeServe reserves the right to deliver Content with Our Intellectual Property contained within; this will be Our logo or textual reference to SkyeServe, this will remain Intellectual Property of SkyeServe.
Order Acceptance
SkyeServe reserves the right at any time to accept or refuse to supply a Service or Goods for any reason.
We reserve the right to require additional verifications or information from you before accepting any order or providing any Services or Goods.
You agree that the receipt by SkyeServe of an electronic or printed copy of an order form does not indicate SkyeServe’s acceptance of your purchase order, neither does it constitute confirmation of SkyeServe’s offer to sell Services or Goods to you.
Our Obligations
SkyeServe will use all reasonable endeavours to manage and complete our Services as agreed with the Buyer. The outcome of a Service however cannot be guaranteed.
SkyeServe shall use all reasonable endeavours to ensure that the Equipment to be used and Operatives arrive at the time and place mutually agreed between you the Buyer and SkyeServe. Whilst SkyeServe will endeavour to comply with any agreed performance schedules, SkyeServe will accept no liability for failing to do so where circumstances are beyond our control.
SkyeServe shall use reasonable endeavours to ensure the Equipment is operated by the Operatives in a professional and safe manner.
SkyeServe shall make Content from the Service available for you to use for an unlimited time under Licence, unless otherwise agreed in writing.
The Content will remain Intellectual Property of SkyeServe unless a buyout is agreed in writing.
SkyeServe will not be responsible and will not accept any liability or claims for damages by any Third Party that relates to Content provided to you by us of any kind. SkyeServe will deliver the Content to you in line with our Delivery procedures set as set out within these Conditions.
SkyeServe and its Operatives will follow instructions, where deemed to be reasonable, issued by the Buyer when carrying out the Services. SkyeServe reserves the right to charge an extra fee whereby these instructions by you result in the work carried out as part of the Service, the Equipment, or time required exceeds that of the strict scope of the Services.
Buyer Obligations
The Buyer accepts that SkyeServe cannot guarantee the outcome of Services or the performance of the Equipment used. You recognise and accept that aspects of the Services are creative and may be open to creative interpretation. As such the Buyer’s rights to reject the Content that arises from Our Services or the Equipment used on the basis of non-satisfaction shall be restricted.
It is your responsibility as the Buyer to ensure that our Services are suitable and meets the needs you require. In doing so you are not entitled to rely on any advice or recommendations from SkyeServe as SkyeServe will not have knowledge of all the relevant factors relating to you.
You will cooperate with SkyeServe in all matters relating to the Services. Without any limitations to the foregoing, you will and at your own cost:
(a) Provide accurate details and instructions in good time and upon request for use relating to the provision of our Services.
(b) Inform SkyeServe of all unusual and/or non-English laws or regulations to which SkyeServe (including the Equipment and Operatives) should abide by in the performance of any part of the Service.
(c) Hold harmless and indemnify SkyeServe against any liability, loss, damage, cost, expense or other claim resulting from the provision of the Services.
(d) Keep and maintain safe the Operatives and do so in a manner no less advantageous than the Buyer keeps and maintains its own personnel.
(e)Supply SkyeServe and the Operatives with all facilities and tools (other than the Equipment) which conform to relevant UK standards, to allow the proper and safe performance of the Services. These facilities and tools will be at your own cost.
(f) Provide the Operatives with accommodation, medical facilities, travel services, and such other facilities as are reasonable, and/or agreed by the Parties.
(f) Keep and maintain adequate insurance to ensure that the Buyer can indemnify SkyeServe and cover itself in respect of all risks to which the Operatives may be exposed during the period in which the Services are provided. You will provide copies of such documents to SkyeServe upon request.
(g) Ensure that all permissions, licenses, and accesses, required to perform the Services are obtained in good time in advance of the time for performance of the relevant part of the Services.
If you do not comply with your obligations, we can terminate the Agreement.
SkyeServe is not liable for any delay or failure to provide the Services of Goods if this is caused by your failure to comply with the provisions of this section, Buyer Obligations.
Rates
In order to issue a Quote, SkyeServe are to be supplied a clear and accurate written brief by you. This is to ensure photographic objectives are well defined for both the Buyer and SkyeServe with the intention to avoid errors. A written brief may need to include but is not limited to the following; full postal address with postcode, maps, site plans with boundaries and the North compass bearing clearly marked, six figure Ordnance Survey grid references and any other material required to accurately identify the site from the air.
If a site survey is needed in order for SkyeServe to offer a quotation, the cost will be agreed and invoiced in advance. You must confirm in writing that you have permission to access the ground that will be used by SkyeServe Operatives; to carry out the Service and operate the Equipment.
Any quotation will be an all-inclusive price for the Service requested by the Buyer. All prices quoted by SkyeServe will be valid for a period of 14 days from the date of the Quote, unless otherwise agreed in writing. All prices quoted are for works carried out in normal working hours..
Unless otherwise stated, all sums set out are exclusive of applicable tax and similar charges. Where it is a requirement by Law you will pay Value Added Tax at the current rate (or any similar tax due) on the taxable invoice values.
SkyeServe’s pricing model is based on each individual Service or product requested and is tailored to the requirement of the Buyer. All prices quoted are net trade prices and shall not be subject to retention or net discount, unless specifically stated in a quotation or acknowledgement of order.
Additional costs may be incurred when SkyeServe provide you with a Service. Where a Buyer changes their mind or requests additional Services from us, this will result in additional charges to the Quote. Any reduced requirement will not necessarily be subject to a reduced charge. Any reduction would solely be at the discretion of SkyeServe.
SkyeServe reserves the right to amend any quotation or fixed price should either a site survey or prevailing weather condition or obtaining the consent of the landowner at the Location, require additional Equipment and/or time and/or Operatives to ensure the safe and professional operation of Our Services.
Payment
Subject to the Buyer having an account with us and an approved credit limit, payment of any invoice shall become due on the date of SkyeServe’s invoice. The invoice must be paid in accordance with the terms given to you, 7 days unless otherwise stated in the quotation.
Any queries regarding the invoice should be raised within 5 days of the invoice date. The Buyer shall notify SkyeServe of the sum to be paid. Unless notification is received in this timeframe, it shall pay the value of the invoice issued by SkyeServe.
Receipts for payment will only be issued by SkyeServe if the Buyer requests.
The Buyer may not withhold payment of any invoice or other amount due to SkyeServe for any reason.
All payments due under these Conditions must be made in full without any deduction or withholding except as required by law and neither Party can assert any credit, set-off or counterclaim against the other in order to justify withholding payment of any such amount in whole or in part.
We reserve the right to charge interest at the rate of 8% per month above the base rate of The Bank of England on any amount due to SkyeServe that is outstanding after this date until the full amount has been paid in full. Such interest charges will be compounded at the end of each month.
On occasions, we may require either full, partial payment or a deposit, in advance of SkyeServe providing you with our Services or any Goods. The amount will be payable immediately and applies to all Buyers. Where this is the case, we must have received payment at least 24 hours before we carry out our Services or before we process orders for any Goods.
Where SkyeServe request and subsequently take payment of a deposit from you, we will deduct the amount of deposit from the final invoice when we are satisfied there are no other outstanding charges and fees to be paid by you in relation to the provision of our Services.
If at any time the you no longer wish to receive the Services, or any part of the Services, from SkyeServe, we reserve the right to charge a cancellation fee as set out under Cancellation.
Delivery
SkyeServe will use reasonable endeavours to make the delivery of Services for any specified date agreed but time of delivery shall not be of the essence.
SkyeServe shall not be liable for any delay in delivery for events of Force Majeure or matters which are the responsibility of the Buyer and shall not otherwise be liable for delays unless otherwise agreed in writing before delivery.
Unless otherwise agreed in writing, Our default method for transferring electronic Content is via a Third Party file transfer provider where the Content will be made available to securely download. The Content will be made available to the Buyer to download for 7 days after which it will no longer be available. It is your responsibility to download the Content in this timeframe.
SkyeServe is not responsible for you failing to download the Content due to technical, hardware or any other problems related to your systems or otherwise.
Where we are to deliver Content on a physical device or deliver physical Goods, we will use Royal Mail or an alternative courier method to deliver these items to you. The cost of delivery will be included in the Quote given to you, this will be for Standard Delivery which will take 5-7 working days from our dispatch date. The time to dispatch may vary if the Goods have to be manufactured externally.
Any costs relating to the delivery of Content electronically shall be included in the Quote.
Content may be supplied again within 12 months of the original dispatch date, you agree to pay an administrative charge of £100.00 plus any additional charges necessary to deliver the Content. This is subject to SkyeServe still holding the Content via a backup which is not guaranteed.
Returns
SkyeServe will deliver what is considered to be the Content from the situation covered by Our Service and offers no guarantees as to the outcome or quality of the Content.
The Buyer accepts the outcome cannot be guaranteed.
We do not offer returns on our Services in relation to Content provided as a result of a sale, all sales are final.
We do not accept returns on Goods. Each item of Goods is unique and is manufactured especially for the Buyer based on the Content resulting from the contracted Service. All items are inspected for damage before dispatch. We will not accept any claims for damages of any kind caused by any means that are caused as a result of the delivery process.
Risk and Insurance
Risk in any Content or Goods supplied shall pass to the Buyer from the point of dispatch by SkyeServe to the Buyers address or other agreed place of delivery or collection by the Buyer as appropriate, notwithstanding that the property in Goods may be retained by SkyeServe in accordance with Retention of Title. The Buyer shall be responsible for effecting its own insurance as appropriate from this date for all Goods and Content. Once Goods and Content have been delivered or installed the Buyer is responsible to fully protect them and to keep them safe.
Force Majeure
Notwithstanding any Agreement to the contrary, any Services or delivery of Goods may be totally or partially suspended by SkyeServe as a result of but not limited to delay in manufacture, supply or delivery arising from acts of God, unforeseeable circumstances, acts of Government or local authority, war, revolution, fires, ice, snow, strikes, industrial disputes, inability to obtain necessary and proper materials or Equipment, facilities, transportation, labour or any other cause beyond SkyeServe’s control.
Any Services or Goods provided where the delivery of which has not been totally or partially suspended shall be accepted by the Buyer as soon as it is reasonably practicable after the reason for the delay has abated.
SkyeServe accept no liability for delay or non fulfilment of any term of the Agreement caused wholly or in part by Force Majeure.
Interruption or Delay
SkyeServe has no responsibility to the Buyer if it is prevented, interrupted or delayed in performing the Service or from carrying on its business, by acts, events, omissions or accidents beyond its reasonable control (including force majeure events and labour disputes).
Following the cessation of such a delay, SkyeServe will endeavour to recommence the performance of the Services you have requested.
No responsibility will be accepted by SkyeServe whether this be consequential or otherwise for any interruption or delays for any reason.
Where SkyeServe is unable to carry out the task on the date that the Agreement is made for the Buyer or any Party or Parties relating to the Buyer are at fault, or if the required access cannot be obtained to the Location the Buyer therefore agrees to pay SkyeServe the lower of the Agreement value and our no fly day rate of £500.00 in addition to any additional expenses relating to but not limited to travel, accommodation and expense charges incurred by SkyeServe relating to the delay.
If the delay prevents SkyeServe from continuing to provide the Services set out in the Agreement, the Buyer agrees to pay SkyeServe the amount of the original Agreement for the Services plus any additional expenses for the delay including but not limited to travel, expense and accommodation charges incurred by SkyeServe.
Weather Related Constraints
The successful outcome of any outdoor photography 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 Buyer for a return visit to complete the work or the Buyer may request a full refund of monies paid to SkyeServe in respect of any money already paid relating to the Service. No refund will be made for any chargeable preparation work already carried out or non-refundable deposits.
Whilst Equipment has built in self-stabilising measures, it is a flying platform and is subject to movement by the wind and will tilt whilst being held against the wind. This will impact on the image quality, steadiness and the angle of the images(s). Whilst SkyeServe will endeavour to obtain the best quality imagery for the conditions, the Buyer understands and accepts the quality images and video are not guaranteed to be steady and of broadcast standards.
Quality of images in relation to the exposure and sharpness taken after sunset cannot be guaranteed. Images required to be taken into the sun will undoubtedly suffer, to some degree, from lens flare and other detrimental effects.
Flight Rules
When carrying out our Services, SkyeServe are subject to the rules and regulations set out and imposed by UK Air Law and the UK Civil Aviation Authority (CAA). SkyeServe shall comply with these rules and where revised, the limitations as contained within the Permission for Commercial Operation (PfCO) issued to SkyeServe by the UK Civil Aviation Authority.
Regulations specific to Small Unmanned Aircraft within UK Airspace apply to all flights undertaken. On behalf of SkyServe and in the best interests of flight safety, the Operative of the Small Unmanned Aircraft is the sole judge as to what rules and regulations are applicable.
SkyeServe will not operate under any of the following circumstances and reserves the right to cancel the Agreement at any point for the following reasons: (a) where the flight required by the Buyer in order to carry out the Service breaches the Air Navigation Order or where revised, the Permission for Commercial Operation issued to SkyeServe; (b) where there is poor weather conditions, including but not limited to high winds and precipitation of any kind; (c) where there are obstructions, obstacles or underlying hazards that the Operative of the Equipment feels is unsafe or whereby safety could be compromised. The Operative assigned to completing the Service will determine this and the Buyer shall respect and accept this view.
Full landowner permission is required for the Location where the Operatives will be stationed on the ground in order to carry out our Services as required by the Buyer. This is not specifically the land where the Equipment may be operated over. Should this not be given to SkyeServe, the Agreement is void.
The Buyer is responsible for arranging all the permissions required by SkyeServe at their own cost.
SkyeServe may agree in writing to obtain permission on the Buyers behalf, this will be at an additional fee payable by the Buyer. The Buyer accepts that this fee is non-refundable; whether the required permissions are or are not successfully obtained.
Additional fees may be payable if a flight involves operating at night, within restricted airspace, danger areas or close to sensitive sites.
No flight operation will be carried out in the event that it is not possible to obtain all the required permissions, the Agreement is void.
Equipment
Equipment used on the day when providing our Services cannot be guaranteed. SkyeServe reserve the right to use an alternative piece of equipment deemed to be suitable for carrying out the Services.
The Buyer is wholly liable to SkyeServe for any replacement equipment (on a new for old basis) costs arising from any damage, caused by the Buyer, their staff or anyone else associated with them, losses or theft and/or similar events affecting the equipment, during the Agreement. This liability remains irrespective of the existence, or payment out from, any insurance policies. Any monies owed to SkyeServe under this clause will be invoiced to the Buyer and will be payable in accordance with our payment terms.
References relating to the replacing of Equipment on a “new for old basis” means the full original costs of purchasing the equipment, and any further amount so as to cover any increase in the costs of purchasing the latest equivalent versions of the equipment. When determining the current costs of purchasing the latest equivalent versions of the equipment, if the equipment is no longer available, it is no longer part of the current product range of the manufacturer, the costs of replacement shall be determined by reference to the costs of the equipment’ then nearest commercial alternative, as selected by SkyeServe.
Subcontracting
SkyeServe reserve the right to subcontract all or any part of the Service and to assign or otherwise deal with any way whatsoever in the interest of SkyeServe under the Agreement.
Cancellation
Cancellation by SkyeServe
In the event of cancellation or early termination of our Services for any reason, we will endeavour to reassign bookings to a future date whereby the weather is suitable and the Service can be carried out safely. This will be subject to the availability of Equipment and Operatives.
Where a future date offered by us is not acceptable to the Buyer, any deposit paid by the Buyer will be refunded. However, any costs incurred by us in preparation for us to carry out the Services prior to the day will be met by the Buyer.
When conducting an aerial Service, the head Operative, the remote pilot in charge of the flight, reserves the right on behalf of SkyeServe to cancel a flight at any stage, either prior to the flight or whilst the flight is in progress whereby they feel continuing would compromise safety or whereby they feel that what the Buyer is requesting would contravene Flight Rules.
Should SkyeServe not be able to fly to carry out the Service due to reasons that only become evident once on site or for reasons that SkyeServe was not advised of beforehand, the full value of the Quote will remain due for payment by you.
SkyeServe can withdraw or cancel the Agreement or amend an estimate or Quote if the Services have not started.
No responsibility will be accepted by SkyeServe whether this be consequential or otherwise for cancellation by SkyeServe for any reason.
Cancellation by the Buyer
The Buyer must give a minimum of 48 hours’ notice for cancellation in writing and cancellation is not valid until you receive confirmation from SkyeServe in writing.
Cancelling within 48 hours of the date agreed will result in a cancellation fee been applied which will be payable by you. It will be determined on the following basis; the greater of fifty percent of the Agreement value or any deposit already paid. Any deposits paid will not be refunded. Any deposit will be offset against the total cancellation fee payable by you, with the remainder payable by yourselves.
Notwithstanding the above schedule, if any costs have been incurred by SkyeServe following written instruction from you (for example, but not limited to an agreed site survey cost, additional operators, specialist equipment) these costs will remain due for payment in full
Insolvency
Without prejudice to other remedies, if the Buyer becomes insolvent, it is unable pay its debts or has a winding up petition issued against it or has a receiver, administrator or administrative receiver appointed to it or being a person commits an act of bankruptcy or has a bankruptcy petition issued against them, SkyeServe have the right not to proceed further with the Contract. SkyeServe will be entitled to charge for Services already carried out (whether completed or not) and Materials purchased for the for you to carry out the Services. Such charge will be an immediate debt, all invoices and fees will come due for payment.
Termination
SkyeServe can terminate the provision of the Services immediately if you: (a) commit a material breach of your obligations under these Conditions; or (b) fail to make payment on any amount due under the Agreement on the due date for the payment; or (c) are or become or, in our reasonable opinion, are about to become, the subject of a bankruptcy order or take advantage of any other statutory provision for the relief of insolvent debtor; or (d) enter into a voluntary arrangement under Part 1 of the Insolvency Act 1986, or any other scheme or arrangement is made with its creditors; or (e) convene any meeting of your creditors, enter into voluntary or compulsory liquidation, have a receiver, manager, administrator or administrative receiver appointed in respect of your assets or undertakings or any part of them, any documents are filed with the court for the appointment of an administrator in respect of you, notice of intention to appoint an administrator is given by you or any of your directors or by a qualifying floating charge holder (as defined in para. 14 of Schedule B1 of the Insolvency Act 1986), a resolution is passed, or petition presented to any court for your winding up or for the granting of an administration order in respect of you, or any proceedings are commenced relating to your insolvency or possible insolvency.
Release Information
SkyeServe gives no representations or warranties whatsoever as to the existence of any Releases associated with the Content.
SkyeServe gives no representations or warranties whatsoever with respect to the use of names, trademarks, logos, uniforms, registered or copyrighted designs or artistic works depicted in any Content.
You must satisfy yourself that all Releases as may be required for Reproduction of the Content has been secured and are appropriate for your intended use. You are solely responsible for obtaining all such Releases and the Licence is conditional in each case on your obtaining them. If you are unsure as to whether any Releases are needed for your Content usage, then it is your responsibility to consult with relevant parties. You shall not rely upon any representation or warranty given by SkyeServe, or anyone acting on behalf of SkyeServe.
Disclaimers
SkyeServe has no special relationship with or fiduciary duty to You. You acknowledge that we have no control over, and no duty to take any action regarding which Users gain access to our Services; what Content you access via the Services; what effects the Content may have on you; how you may interpret or use the Content; or what actions you may take as a result of having been exposed to the Content.
We cannot and will not guarantee that Content is free from computer viruses or anything else that has destructive properties.
You release SkyeServe from all liability for Content provided through Our Site or Services or Goods that you find offensive or inappropriate.
SkyeServe makes every attempt to ensure the accuracy and reliability of the information provided on Our Site and the Content of our Services. However, the information and Content is provided "as is" without warranty of any kind.
SkyeServe shall have no liability and accept no responsibility for the accuracy, content, completeness, legality, or reliability of the information on Our site and the Content provided as part of our Services. Consequently, SkyeServe cannot and will not be held liable for any Third Party claims for any losses or damages.
If a User or Buyer finds that any trademarks, trade names, copyrights, patents or other industrial property rights are disputed or infringed by a Third Party, they shall promptly inform SkyeServe thereof and shall commit to assist SkyeServe in taking necessary steps to protect its rights.
The information contained on Our Site does not constitute a confirmed offer to sell or the solicitation of an offer to buy any Goods or Services; and should not be relied upon in connection with any investment decision.
At any time, we may revise the information on Our Site without notice and make no commitment to update this information.
We shall not be liable for any loss or damage of whatever nature (direct, indirect, consequential, or other) whether arising in Agreement, tort or otherwise, which may arise as a result of your use of (or inability to use) Our Site, or from your use of (or failure to use) the information and Content on Our Site and provided through our Services.
Limitation of Liability
Our liability under these Conditions, and in breach of statutory duty, and in tort or misrepresentation or otherwise, shall be limited as set out in this clause.
The total amount of our liability is limited to the total amount payable by you under the Agreement.
We are not liable (whether caused by our employees, agents or otherwise) in connection with our provision of the Services or the performance of any of our other obligations under these Conditions or the estimate or quotation for: (a) any indirect, special or consequential loss, damage, costs, or expenses; (b) any loss of profits; loss of anticipated profits; loss of business; loss of data; loss of reputation or goodwill; business interruption; or, other third party claims; (c) any failure to perform any of our obligations if such delay or failure is due to any cause beyond our reasonable control; (d) any losses caused directly or indirectly by any failure or your breach in relation to your obligations; (e) any losses arising directly or indirectly from the choice of Services and how they will meet your requirements or your use of the Services or any Goods supplied in connection with the Services.
Nothing in these Conditions shall limit or exclude our liability for death or personal injury caused by our negligence, or for any fraudulent misrepresentation, or for any other matters for which it would be unlawful to exclude or limit liability.
Indemnity
You agree to indemnify and hold SkyeServe and its contributors harmless against any claims, damages, losses, expenses or costs, including legal costs, arising in any manner whatsoever from your unauthorised use of any Content or of the depiction of any person or thing contained in any Content supplied to you by SkyeServe, or any other breach by you of any of your obligations under this Agreement.
No Waiver
No delay, act or omission by a party in exercising any right or remedy will be deemed a waiver of that, or any other, right or remedy nor stop further exercise of any other right, or remedy.
Severance
If any provision, or part of a provision, of the Agreement is found by any court or body of competent jurisdiction to be invalid, unenforceable or illegal, the remainder of the provisions will remain in full force and effect. In such circumstances, the Parties shall substitute for any such provision a valid, enforceable and legal provision which achieves so far as possible the same effect as would have been achieved by the provision that was invalid or unenforceable.
Law and Jurisdiction
The Agreement and any dispute or claim arising out of or in connection with it, shall be governed by the law of England and Wales. Furthermore, the Parties agree that the courts of England and Wales shall have non-exclusive jurisdiction over any dispute or claim that arises out of or in connection with the Agreement.
Complaints
We try to avoid any dispute, if a dispute occurs customers should contact us to find a solution. We will aim to respond with an appropriate solution as quickly as possible.
Contact
SkyeServe can be contacted using the following email address: operations@skyeserve.co.uk.
SkyeServe
Date: 05 April 2019
These Trading Terms and Conditions supersede all previous Trading Terms and Conditions.