1. Scope
    1. These terms and conditions cover all services performed and goods created by Airview Group Pty Ltd and its subsidiaries and divisions, including Alphaflight Aerospace Pty Ltd T/A Airview Drone Services.
  2. Definitions
    1. “Supplier” means Airview Group Pty Ltd and its subsidiaries, including Alphaflight Aerospace Pty Ltd T/A Airview Drone Services.
    2. “Client” means you, a person or legal entity entering into a commercial agreement with us, the Supplier for the provision of goods or services.
    3. “Goods” means any goods supplied by the Supplier including those supplied in the course of providing the services.
    4. “Services” means the services to be provided by the supplier to the Client in accordance with a Proposal and these terms and conditions of trade.
    5. “Deliverables” are the goods and services to be supplied as requested by the Client and detailed in the Brief and/or Proposal.
  3. Briefs
    1. The Client agrees to provide a Brief to the Supplier detailing all required deliverables as well as any other information pertaining to the proposed work, including but not limited to details of deadlines, site access, property geography and contact details.
    2. Any failure to provide accurate and complete information affecting the delivery of goods and services by the Supplier may result in additional fees reasonably incurred to deal with changes in timing, travel costs or additional deliverables.
    3. The Client acknowledges the Supplier may require changes to the brief where these are necessary to meet regulations and laws applicable to the work. The Client agrees to accommodate these changes.
    4. The Supplier retains the right to delay the date of capture if the Client does not provide a sufficiently detailed Brief within a reasonable timeframe.
  4. Proposals
    1. A Proposal will be prepared by the Supplier and presented to the Client once a Brief has been provided. The Proposal details the fee and any relevant operating conditions and limitations that would affect the deliverables.
    2. If a comprehensive Brief is not provided by the Client, the Supplier will issue a Proposal based on whatever information has been made available.
    3. Any changes to the Brief that would alter the fee or operating conditions of the Proposal will render the initial Proposal invalid, and a new Proposal will be issued to reflect these changes.
    4. Proposals are valid for a period of thirty (30) days from the date of issue.
  5. Approval
    1. Work will not commence until the Supplier has received written confirmation from the Client that the Proposal has been approved.
    2. Any written approval, including but not limited to an email from the Client, will be taken as confirmation of the Proposal.
    3. By approving the Proposal, the Client enters into a commercial agreement with the Supplier, defined by these Terms and Conditions.
  6. Undertaking the Work and Deliverables
    1. The Supplier agrees to capture all imagery deliverables, which includes photography and video footage, at the timing and in the conditions given in the approved Brief within a reasonable timeframe, unless Sections 7 or 8 apply. 
    2. The Client will be responsible to arrange any approvals and permissions from any persons or legal entities to allow the successful undertaking of work to provide the deliverables, unless otherwise agreed in writing, or unless the approvals and permissions required are domain specific to the Supplier.  
    3. The Supplier will not contravene any laws or regulations governing the activities utilised to undertake the work. Any deliverables or aspects of the Brief that would require contravention of any laws or regulations will be altered as per Section 7.4.
    4. The Client has no rights to receive deliverables in the aforementioned section, unless they agree to the proposed alterations. 
    5. Deliverables will be provided electronically via online transfer software and cloud storage services, unless otherwise agreed in writing.
  7. Changes to the Brief/Scope of Work
    1. Any changes made by the Client to the Brief or Scope of Work after Approval may be charged as an additional fee in the Invoice.
    2. Changes that require an additional fee will be quoted to the Client and will require additional written approval before they can be incorporated into the revised Brief, unless the change is requested onsite and/or during the capture process in which case a verbal quote and approval will be taken as a binding agreement. 
    3. If an intended use of the deliverables is outside the scope of that provided in the Brief and the deliverables fall short of the new usage requirements, the Client will be responsible for any charges incurred by the Supplier to provide updated deliverables.
    4. The Client agrees to allow the Supplier to alter the Brief if specific operational limitations prevent the Supplier from meeting the requirements of the Brief in its original form. Any such alterations will be communicated to the Client in writing.
  8. Uncontrollable Events
    1. The Supplier holds no accountability for any uncontrollable events that occur after Approval that affect the deliverable timeframe or in meeting the scope of the Brief. 
    2. Uncontrollable events include, but are not limited to:
      • Weather and changes in weather conditions.
      • Airspace, government and private approvals and their conditions and changes in approvals and their conditions.
      • Hire equipment availability, including aircraft and changes to availability.
      • Hire equipment operating personnel availability, including pilots and changes to availability.
      • Theft or property damage.
      • Changes to the operating environment, including site access, permissions and changes to property outside of the Supplier’s control.
  9. Copyright and Permitted Usage
    1. Unless otherwise stated in writing by the Supplier, all copyright and intellectual property of the deliverables remains the property of the Supplier.
    2. Upon full payment of the Invoice, the Supplier grants the Client a royalty-free and perpetual licence to use the deliverables.
    3. The Client may reproduce and use any deliverable in any format and pass onto any third party, however the Client may not resell any deliverables unless stated in writing by the Supplier.
    4. The Client indemnifies the Supplier against any loss, damage or claim arising in any way, whether directly or indirectly, from any breach of this licence, or any claim by any third party in relation to the use of the deliverables.
    5. The Client must not use the deliverables so as to derogate, harm or adversely reflect on the Supplier’s reputation.
    6. The Supplier retains the right to use all imagery for promotional purposes, unless otherwise stated in writing by the Client.
    7. The Supplier has the right to revoke the usage licence of any and all deliverables if any part of this agreement is breached or not met, including but not limited to the final Invoice not being paid.
  10. Invoicing and Payment Terms
    1. Unless agreed in writing by the Supplier, the following default terms apply to all commercial arrangements.
    2. Invoices are to be paid in full within 7 days of issue date.
    3. For large projects, or those that involve significant upfront costs to the Supplier, a mobilisation fee of 50% of the total quoted amount will be payable prior to any work commencing. 
    4. A purchase order is required before commencement of any work.
    5. Payment of invoices may be done via Bank Transfer, Credit Card including AMEX or PayPal. Cash and cheques are not accepted as payment options. 
    6. Any overdue invoices may be handed on to a debt collection agency. All expenses, costs or disbursements incurred in the recovery of monies outstanding shall be paid by the Client.
  11. Cancellation and Termination
    1. If at any stage after Approval, the Client decides not to proceed, for any reason, with the work, then the Supplier will invoice on a time and costs basis any expenses incurred up to the time of the cancellation notice.
    2. Either party may terminate a project by written notice. The Supplier will invoice only the amount of time and costs incurred up to the time of the termination notice.
  12. Indemnity
    1. The Client must indemnify, keep indemnified and hold harmless the Supplier: 
      • For all loss, damage (direct or indirect), liability or injury caused or contributed to either directly or indirectly by the Client or any person the Client is responsible for (including personnel and subcontractors).
      • From and against all claims, damages, loss and expenses arising out of or in connection with the Client’s breach of this agreement or any negligence, reckless or wilful act or omission by the Client or any person the Client is responsible for.
    2. The Supplier’s liability to the Client is limited to the value of the agreed fee.
  13. Insurance
    1. The Supplier holds Public Liability Insurance to the coverage amount of $20 million.