“Client”: The individual or organisation commissioning aerial film, photography, survey, or other services from CloudVisual.
“Deliverables”: All products resulting from the Services, including videos, photos, data, and reports.
“Drone”: Any unmanned aerial vehicle (UAV) used by CloudVisual to perform the Services.
“Job”: Any assignment, project, or set of tasks, undertaken by CloudVisual on behalf of the Client, as detailed in the agreed scope of work.
“Media”: Footage, film, video, image, photo, raw photo, survey data, jpg, .mov, .mp4, .cr3, DNG, .mp3 file captured by CloudVisual Ltd or its staff.
“Services”: All activities CloudVisual is contracted to perform for the Client, including but not limited to aerial filming, photography, surveys, and inspections.
"Standby": The period during which CloudVisual Ltd's personnel are present on-site but are not actively engaged in the execution of the services. This includes, but is not limited to, time spent waiting for instructions from the Client, or for unsuitable weather conditions to improve.
2.1. Company: CloudVisual Ltd, Trading as CloudVisual is a Civil Aviation Authority (CAA) certified film, photography and surveying company, flying drones within UK airspace. Our commitment is to provide our clients with exceptional drone services, adhering to CAA regulations, prioritising safety, and maintaining the highest industry standards.
2.2. Modifications of Terms: CloudVisual Ltd reserves the right to modify, alter, or otherwise update these Terms & Conditions at any time. We will notify clients of any changes by posting the revised terms and conditions on our website or through direct communication.
2.3. Acceptance of Terms: By engaging the services of CloudVisual, you agree to these Terms and Conditions.
3. Scope of Services
3.1. Service Delivery: CloudVisual will execute Services in accordance with the Operations Manual and any pre-agreed brief. Limitations may apply due to regulatory restrictions, safety concerns, or specific technical capabilities.
3.2. Regulatory Compliance: CloudVisual holds a commercial operator certificate from the Civil Aviation Authority (CAA) and will ensure all Services comply with current CAA regulations and any local bylaws or restrictions.
3.3. Customised Services: Clients may request additional services or modifications. Such changes may incur additional costs and require at least five days’ notice.
3.4. Right of Refusal: CloudVisual reserves the right, at its sole discretion, to accept or decline any job, project or assignment, without the need to provide reasons for such a decision.
4. Rates, Costs and Charges
4.1. Unless agreed otherwise or as part of a ratecard price, CloudVisual charges the following standard rates;
4.1.1. Hourly Rate (From arrival at site to final drone landing): £250
4.1.2. Half Day Rate (up to 4 hours on site): £650
4.1.3. Full Day Rate (more than 4 hours on site): £1100
4.2. VAT: All prices, rates and quotes are exclusive of 20% VAT.
4.3. Travel Costs: Travel to client sites is subject to a charge of 45p per mile from our office in Harpenden.
4.4. Additional Travel Costs: The Client shall be responsible for covering any additional travel-related costs (with the exception of subsistence) incurred during the provision of services. This includes, but is not limited to, congestion charges, Ultra Low Emission Zone (ULEZ) fees, and toll charges. These charges are applicable for travel in both directions and will be added to the final invoice unless otherwise specified.
4.5. Standby: In certain cases, a client may insist on the standby presence of our team on-site despite our professional assessment that weather conditions are unsatisfactory for drone operations. If, as a result, drone flights are not feasible and the job cannot proceed as initially planned, the agreed full charges for the job will still apply.
4.6. Weather: There are no costs or charges if unfavourable weather cancels the planned drone flight unless a client requests the team to be present on-site, on standby
5. Quotations and Booking
5.1. Quotes: All quotes, costs, and financial commitments are based on the accuracy and validity of information provided by the client. We retain the right to renegotiate any contract, cost agreement, or commitment if the provided information is found to be inaccurate or invalid.
5.2. Quotation Validity: All quotations provided by CloudVisual are valid for 30 days from the date of issue.
5.3 Booking Confirmation: A booking is only confirmed when CloudVisual receives written agreement from the Client to commence work.
6.1. Client Responsibilities
6.1.1. Location Disclosure for Intended Aerial Operations: The Client shall provide CloudVisual precise details pertaining to the geographical location where the drone operations are intended to be conducted. This is requisite for conducting the obligatory airspace and landowner verifications in accordance with applicable regulations.
6.1.2. Timely Submission of Information for Airspace Authorisations: The Client is mandated to provide a minimum of 28 days advance notice for the purpose of obtaining necessary airspace authorisations. Should the Client fail to adhere to this stipulated notice period, CloudVisual shall not bear liability for any consequent delays or refusals in obtaining said airspace authorisations.
6.1.3. Notification of Specific Requirements and Access Permissions: The Client is obligated to promptly communicate any specific requirements pertinent to the aerial operations and shall secure all necessary permissions for the conduct of such operations in areas subject to access or airspace restrictions.
6.1.4. Site Safety and Hazard Mitigation: The Client shall ensure that the designated location for aerial operations is devoid of any hazards, obstructions, or conditions that may impede or compromise the safe and lawful operation of the drone.
6.1.5. Scheduling and Timing: The Client must provide CloudVisual with a specified time for arrival on site and a clear indication that the job is to proceed no later than 16:00 the day before the agreed upon date for the services to be carried out. Failure to do so grants CloudVisual the right to postpone the job until a new date and time can be mutually agreed upon.
6.2. CloudVisual Responsibilities:
6.2.1.Adherence to Rules and Regulations: CloudVisual is committed to conducting all aerial operations in strict compliance with Civil Aviation Authority (CAA) regulations as well as the Rules of the Air. This ensures the highest level of safety and legality in all our aerial activities.
6.2.2. Article 241: CloudVisual will adhere to Article 241 of the Air Navigation Order which says that “A person must not recklessly or negligently cause or permit an aircraft to endanger any person or property.”
6.2.3 Preflight Planning: CloudVisual will carry out preflight checks to ensure that the airspace and working area is safe and legal for a drone to be operated. CloudVisual will inform the Client of any areas which require clearance to fly a drone.
7. Cancellation Policy
7.1. Cancellation by Client: The Client may cancel without incurring a fee if the cancellation is due to adverse weather conditions or reasons beyond their control (For example, access to site, airspace restrictions). If a client chooses to cancel a booked job within 48 hours of the scheduled date without a valid reason (weather, regulatory etc), a 50% charge will be levied to compensate for the lost working day.If CloudVisual is already on-site and the Client cancels, a 100% fee will apply.
7.2. Adverse Weather: In the event of a cancellation due to adverse weather conditions, no cost will be incurred by the client.
7.3 Right to Amend or Cancel: CloudVisual reserves the right to change, amend, or cancel planned working days due to unforeseeable or uncontrollable circumstances including, but not limited to, adverse weather conditions, airspace restrictions, or emergencies. In such cases, alternative dates for completion of the work will be discussed and agreed with the Client.
7.4 Liability: CloudVisual shall not be held liable for any loss, delay, or costs incurred due to changes, amendments, or cancellations made under clause 7.3.
8. Payment Terms
8.1. Terms: Payment terms are set at 30 days from the date of invoicing, unless an agreement between CloudVisual Ltd and the Client is made in writing. Late payments will incur a charge of 10% of the total invoice per calendar month. All prices quoted on our website are exclusive of VAT.
8.2. Invoicing: An invoice will be issued upon completion of the Services and delivery of the Deliverables. Payment is due within 30 days of the invoice date.
8.3. Late Payment: Failure to make payment within the stipulated period will result in a late fee equivalent to 10% of the outstanding amount for each week of delay.
9. Liability and Indemnification
9.1. Indemnification: The Client agrees to indemnify and hold CloudVisual harmless against all liability, loss, damage, or injury to persons or property that may arise from the negligence or wilful misconduct of the Client. This indemnification shall include, but is not limited to, any legal fees, claims, costs, and expenses incurred by CloudVisual in connection with such liability, loss, damage, or injury.
9.2. Liability Cap: In the event of loss, damage, or failure to deliver the Services, CloudVisual Ltd liability shall be strictly limited to the return of all payments made by the Client for the specific project in question.
10. Intellectual Property
10.1. Copyright Ownership: All media provided, including but not limited to images and videos, are copyrighted and remain the exclusive property of CloudVisual Ltd., unless expressly agreed otherwise in writing.
10.2. Usage Rights: Upon receipt of the media, the Client is granted a non-exclusive, non-transferable licence to use the media for the specific purpose as expected or agreed upon between the Client and CloudVisual Ltd.
10.3. Scope and Sharing: The Client is permitted to use and share the media with third parties when it is within the agreed scope of the project. Sharing with third parties should be related to and necessary for the project's objectives. The Client is expressly prohibited from actions outlined in the "Prohibited Uses" section, including but not limited to selling, licensing, or releasing media to the press.
10.4. Prohibited Uses:
a. Selling, licensing, or otherwise commercialising the media without prior written consent from CloudVisual Ltd.
b. Using the media in a manner that is defamatory, illegal, or that could harm the reputation of CloudVisual Ltd.
c. Releasing any media to the press or any media outlets for the purpose of news or current affairs without prior written consent from CloudVisual Ltd.
10.5. Indemnification: The Client agrees to indemnify and hold CloudVisual Ltd harmless from any claims, costs, or liabilities arising from their use of the media.
10.6. Termination of Usage Rights: CloudVisual Ltd reserves the right to terminate the Client's usage rights for the media in the event of a breach of these terms and conditions.
10.7. Acceptance of Terms: The Client's use of the media constitutes their acceptance of these terms and conditions.
11. Confidentiality and Non-Disclosure
11.1. Protection of Confidential Information: CloudVisual is committed to maintaining the confidentiality of all proprietary or confidential information received from the Client. We shall take all reasonable precautions to ensure that such information is stored securely and disclosed only to authorised personnel within CloudVisual.
11.2. Non-Disclosure Agreements: While CloudVisual welcomes the use of Non-Disclosure Agreements (NDAs) to bolster mutual confidence in the confidentiality of shared information, the enactment of such an agreement is not a mandatory requirement for engagement with our services.
12. Project Duration and Delivery
12.1. Time Estimates: CloudVisual will make every effort to meet project deadlines. However, any timeframes provided are estimates. In the event of delays, our liability is capped at the total project cost, minus expenses already incurred in line with the original quotation.
12.2. Client Availability: Any agreement specifying deadlines obliges the Client to be reasonably accessible for communication within a 48 hour period, excluding weekends and bank holidays. CloudVisual bears no responsibility for losses or damages stemming from late or inaccurate delivery.
13. Services and Production
13.1. Scope: Services are carried out according to the approved quote. Modifications or extra filming days are subject to current daily rates.
13.2. Filming Day: A standard full day of filming constitutes greater than 4 hours on-site or at a location, excluding travel but including breaks. Overtime may incur extra charges.
13.3. Access and Facilities: The Client is responsible for providing unhindered access to all required locations and personnel.
13.4. Health and Safety: CloudVisual prioritises safety and may withdraw personnel or equipment if conditions are deemed unsafe or if faced with hostile behaviour.
13.5. Operational Compliance: All our operations are governed by our Commercial Operational Authorisation, which is based on our Operations Manual. Deviation from these procedures is not permitted, and we will inform clients if any requested actions threaten to breach our operations manual or aviation laws.
13.6. Safety and Pilot Discretion: The Pilot in Command reserves the right to cancel any flight if there is a risk of injury to persons or property, or if client demands are deemed unreasonable. In such cases, we will provide a full explanation and work with clients to follow a safe and acceptable alternative flight plan.
13.7. Quality Assurance: CloudVisual shall perform the Services to a professional standard and deliver high-quality Deliverables in line with industry standards.
13.8. Pilot’s Final Decision: The feasibility and safety of each drone flight rests solely with the Pilot in Command, adhering to our Operations Manual and CAA regulations. The Pilot in Command has the final say regarding the flight of any drone under their command.
13.9. Liability for Directed Shots: If the Pilot in Command is directed to execute shots that contradict our professional guidance, we cannot be held liable for the quality of those shots.
13.10. Client Direction and Modifications: Clients who wish to provide specific direction must do so in a clear and timely manner prior to the scheduled flight date. Any modifications to the planned flight operations should be discussed and agreed upon in advance to avoid any complications or refusals on the day of filming.
14. Pre-Production Requirements
14.1. Permissions: The Client must secure all required permissions concerning performances, branding, copyrighted material, etc., for inclusion in the final deliverable.
14.2. Client-Provided Material: Where the Client provides copyrighted material, they must have permissions from the original copyright owners. The Client will indemnify CloudVisual against any future claims related to this material.
14.3. Data Handling: CloudVisual is not responsible for loss or damage to any client-provided material used in the project. Clients are advised to keep backup copies of all such material.
15. Data Protection
15.1. GDPR: CloudVisual abides by the General Data Protection Regulation (GDPR) and the Data Protection Act of 2018 in the management of personal data.
15.2. Data Protection Compliance: CloudVisual Ltd is registered with the Information Commissioner's Office (ICO), in compliance with the Data Protection Act and the General Data Protection Regulation (GDPR). This registration underscores our commitment to safeguarding the personal data we collect and process during the course of our business activities.
16. Emergency and Short-Notice Engagements
16.1. Rate Application: In circumstances where a specific rate has not been agreed upon prior to the engagement, CloudVisual will apply its standard half-day or full-day rate as appropriate.
16.2. Immediate Deployment: This clause is particularly pertinent for emergency situations requiring rapid drone deployment, where time constraints may preclude formal rate negotiations. This rate will be chargeable at either a half-day or full-day rate on a rolling basis.
17. Governing Law and Dispute Resolution
17.1. Governing Law: This agreement shall be governed by the laws of the United Kingdom.
17.2. Dispute Resolution: Any disputes arising shall first be attempted to be resolved through mediation. Failing that, legal proceedings shall be initiated in a court of competent jurisdiction within the United Kingdom.
For any questions, concerns, or comments about these Terms and Conditions, please contact CloudVisual Ltd: