Terms and conditions of business


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1. Orders, Quotations and Photographic Materials Supplied:

Eagles Eye Views has published a price list for standard aerial photographic assignments.

For non-standard assignments, (i.e. assignments not listed in that document) written quotations will be required and, valid for 30 days, will be supplied on receipt of a clear written quotation request (by surface mail, fax or e-mail) from the Client. In addition to the aerial photography, the amount quoted will be inclusive of all preparatory work, travel (up to one hundred miles round trip from Eagles Eye Views’ offices), and delivery of proof and/or finished material. The price quoted will reflect the proposed use(s) of the images, as stated by the Client, for which full personal reproduction rights will be granted. VAT will be applied at the prevailing rate on the total quoted price. A series of related assignments will be treated as a set of individual contracts. If a site survey is needed prior to the quotation this will be agreed in advance and may be invoiced separately.

In the case of all assignments, formal orders are required (again by surface mail, fax or e-mail) to ensure that the photographic subject is clearly identified and clear to both the Client and Eagles Eye Views.

Photographic material will normally be supplied as digital JPEG files on a CD but unmounted colour prints are available by specific order as specified on the Price List. Whilst Eagles Eye Views will use best endeavours to provide an accurate representation of the subject(s), there can be no guarantee implied or otherwise to match the colour perceived by the human eye.

2. Order Forms, Confirmations, Deposits, Payment and Cancellations:

A completed Order Form is required in respect of all assignments. This may be sent to Eagles Eye Views by surface mail, e-mail or fax. In the case of non-standard assignments, the order must be accompanied by a deposit of 25% of the total quoted fee, including VAT. The balance is due within 14 days of the invoice date (which will normally be the date when finished materials are dispatched). Eagles Eye Views reserves the right to add 4% per month to overdue or partly overdue accounts. Eagles Eye Views retains all rights in material supplied until payment is received in full.

Notice of cancellation by the Client must be received in writing at least 7 days prior to any planned assignment date to avoid a possible loss of deposit. Prior to a deposit being paid, a cancellation may incur an administrative charge to recover expenses incurred if any preparatory work has been undertaken on behalf of the Client.

3. Permission to conduct aerial photography

Mast or elevated platform photography may require Police, Local Authority and/or Parking Enforcement permission, if it is necessary to operate in a public place. All work is subject to obtaining suitable permission and legal access from which to safely operate the vehicle and/or aerial equipment. Where it is necessary to enter upon private land, it is expected that the Client will obtain the necessary permissions from the land owners and/or occupiers.

4. Reproduction rights, Moral rights and Copyright
(Copyright, Designs and Patents Act, 1998)

Full personal reproduction rights of the commissioned material supplied passes to the Client upon full settlement of the final invoice. This allows reproduction for all uses stated on the quotation and Order Form. 'Marketing' use excludes use for merchandising, for which an additional fee may need to be negotiated. Legal use of the images by any third party, not directly on the Client's behalf, will only be granted following written permission from Eagles Eye Views. This will incur a negotiated Reproduction Fee. Moral rights will always be required in that the name of the author of photographs (i.e. Eagles Eye Views Ltd), commissioned or otherwise, is suitably credited whenever the image is published or displayed. Eagles Eye Views retains copyright of all photographic images supplied and reserves the right to use any of the images for photographic library and other uses.

5. Limitation of Liability - Weather, Force Majeure, Act of God and other Constraints

As with any location photography, a successful assignment is dependent 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 or anticipated and the assignment needs to be postponed, there will be no additional charge to the Client for a return visit to complete the work. Eagles Eye Views will always endeavour to complete its assignments by any proposed completion dates. However, due to weather and other constraints, Eagles Eye Views cannot guarantee completion by any specific dates. It, therefore, cannot be held responsible for any missed publishing or other deadlines or any other consequences involving the timing of the commission. The completion of work is subject to alteration and cancellation due to any causes beyond our control. Certain specific shots, included in the brief and quoted to be undertaken, may not be possible on the day for various operational reasons. In this situation, the best possible alternative shot(s) will be supplied and these will be deemed to fulfil the contract. In any event, the liability of Eagles Eye Views will be limited to the total value of the contract with no liability accepted for indirect and/or consequential loss.

6. Public Liability Insurance

Eagles Eye Views has all necessary insurances including Public Liability Insurance with an indemnity of up to two million pounds sterling.

These Terms and Conditions are subject to change without notice.


Copyright

All Web site design, text, graphics, photographic images, the selection and arrangement thereof, and all software compilations, underlying source code, software and all other material on this Web site are copyright Eagles Eye Views Ltd. or their content and technology providers. ALL RIGHTS RESERVED.

Permission is not granted to copy electronically and/or to print in hard copy any part or parts of this Web site with the exception of the terms and conditions of business and the quotation request/order form. Any other use of materials on or from this Web site, including reproduction, modification, distribution, or republication, without the prior written permission of Eagles Eye Views Ltd is strictly prohibited.

Conditions of Web Site Use

Governing Law and Contract Formation

No contract will subsist between you and Eagles Eye Views Ltd for the sale by it to you of any product unless and until Eagles Eye Views Ltd accepts your order by e-mail or fax confirming that it has agreed to a contract. That acceptance will be deemed complete and will be deemed for all purposes to have been effectively communicated to you at the time Eagles Eye Views Ltd sends the e-mail or fax to you (whether or not you receive that e-mail or fax). For the avoidance of doubt, any such contract will be deemed to have been concluded in the United Kingdom. Further, any such contract will be interpreted, construed and enforced in all respects in accordance with the laws of England, and you and Eagles Eye Views Ltd irrevocably submit to the non-exclusive jurisdiction of the English Courts.

Disclaimer

TO THE FULLEST EXTENT PERMITTED AT LAW, EAGLES EYE VIEWS LTD IS PROVIDING THIS WEB SITE AND ITS CONTENTS ON AN "AS IS" BASIS AND MAKES NO (AND EXPRESSLY DISCLAIMS ALL) REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THIS WEB SITE OR THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS INCLUDED IN THIS SITE INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IN ADDITION, EAGLES EYE VIEWS LTD DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE VIA THIS WEB SITE IS ACCURATE, COMPLETE OR CURRENT.

Availability of information is subject to change without notice.

Except as specifically stated on this Web site, to the fullest extent permitted at law, neither Eagles Eye Views Ltd nor any of its affiliates, directors, employees or other representatives will be liable for damages arising out of or in connection with the use of this Web site or the information, content, materials or products included on this site. This is a comprehensive limitation of liability that applies to all damages of any kind, including (without limitation) compensatory, direct, indirect or consequential damages, loss of data, income or profit, loss of or damage to property and claims of third parties. For the avoidance of doubt, Eagles Eye Views Ltd does not limit its liability for death or personal injury to the extent only that it arises as a result of the negligence of Eagles Eye Views Ltd its affiliates, directors, employees or other representatives.

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Eagles Eye Views Ltd., Stable Cottage, Willington, Crook, County Durham, DL15 0ET

Telephone: 07814 509168