Terms & Conditions
Acceptance of Terms
Team UAV is a trading name of ISTAR Limited. Our company registration number is 08666776 and our registered address is Aviation House, Worcester Road, Harvington, Worcestershire, DY10 4NE. The term 'you' refers to the user or viewer of our website or services.
These terms and conditions form part of the hire agreement (defined below). In these terms and Conditions the following definitions shall apply:
(a) Team UAV shall mean ISTAR limited
(b) “The Client” shall mean the person(s), firm or company hiring the equipment and/or the operatives to perform the services
(c) “The Equipment” shall mean the equipment specified in the Hire Agreement;
(d) “The Agreement” means the Client’s offer to receive Services and Team UAV’s subsequent acceptance of that offer, or the Client’s acceptance of a valid Quote from Team UAV;
(e) “Hire Period” means the period from when the Equipment leaves Team UAV’s premises until the safe return of the Equipment to the premises, or such other location elected by Team UAV;
(f) “Intellectual Property Rights” means all patents and rights in inventions, copyright, trademarks, code, algorithms, business and domain names, goodwill, designs, rights in software, database right, rights in confidential information (including know-how and trade secrets), images, videos and any other data collected, processed or analysed in any format by Team UAV, intellectual property rights, whether registered or unregistered and all similar or equivalent rights or protection;
(g) “The Operatives” shall mean the Team UAV personnel operating the equipment;
(h) “The Parties” means Team UAV and the Client, each a “Party”;
(i) “The Quote” means the document issued by Team UAV 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;
(j) “The Services” shall mean the services to be provided by Team UAV to the Client, as specified in the Agreement.
2. The Contract
2.1 This Hire Agreement is made between the Parties, on the basis of these Terms and Conditions and the terms set out in Team UAV’s offer acceptance, or the Quote. In the event that Team UAV’s offer acceptance or Quote contradicts any provision of these Terms and Conditions, such offer acceptance or Quote shall prevail.
2.2 These Terms and Conditions prevail over any other terms or conditions referred to in the Client’s order (or other offer by the Client to purchase the Services from Team UAV), and supersede all previous written or oral agreement or contracts in relation to the Services. No agreement for the provision of services by Team UAV shall be established otherwise than on the basis of these Terms and Conditions.
2.3 All oral communication between Team UAV and the Client relating to the Services or Hire Agreement shall be confirmed in writing within two working days by the Client. Team UAV shall not be liable for the consequences of any inaccuracies or misunderstandings caused by the Client failing to confirm his order in writing or the correspondence being lost in the post.
3. Team UAV’s Obligations
3.1 Team UAV shall use reasonable endeavours to manage and complete the Services in accordance in all material respects with the scope of the Services.
3.2 Team UAV shall use reasonable endeavours to ensure that the Equipment and Operatives shall arrive at a time and place mutually agreed upon between the Client and Team UAV. Team UAV will endeavour to comply with any agreed performance schedules but will accept no liability for failing to do so in circumstances beyond its control.
3.3 Team UAV shall use reasonable endeavours to ensure the Equipment is operated by the Operatives in a professional and safe manner.
3.4 Team UAV and the Operatives will follow any reasonable instructions issued by the Client when carrying out the Services. Such instructions may result in extra charges to the Client if they result in the work, equipment, or time required being in excess of the strict scope of the Services.
3.5 Should Team UAV fail to meet the scope of the services as set out in the quotation or agreement, Team UAV will return to repeat the task at no cost to The Client.
4. Client’s Obligations
4.1 It is the responsibility of the Client to ensure that the Services are suitable for the purpose for which Team UAV is engaged. In doing so the Client is not entitled to rely on any advice or recommendations from Team UAV as Team UAV will not have knowledge of all the relevant factors.
4.2 The Client shall cooperate with Team UAV in all matters relating to the Services. Without limitation to the foregoing, the Client shall, at its own cost:
(a) provide instructions in good time and upon request;
(b) keep safe the Equipment whilst in the Client’s control;
(c) inform Team UAV of all unusual and/or non-English laws or regulations by which Team UAV (including the Equipment and Operatives) should abide in the performance of any part of the Service, and
(d) hold harmless and indemnify Team UAV against any liability, loss, damage, cost, expense or other claim resulting from the provision of the Services; and
(e) keep and maintain safe the Operatives, and do so in a manner no less advantageous than the Client keeps and maintains its own personnel;
(f) supply Team UAV and the Operatives with all facilities and tools (other than the Equipment which Team UAV needs to perform the task on its part) which conform to relevant UK standards, to allow the proper and safe performance of the Services;
(g) provide the Operatives with accommodation, medical facilities, travel services, and such other facilities as are reasonable, and/or agreed by the Parties;
(h) keep and maintain adequate insurance to ensure that the Client can indemnify Team UAV (and cover itself) in respect of all risks to which the Operatives may be exposed during the period in which the Services are provided (copies of such insurance policies to be provided to Team UAV on request);
(i) ensure that all licenses, permissions, 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; and
(j) maintain adequate insurance policies in respect of all liabilities of the Client that may arise under The Agreement.
4.3 The Customer recognises that as aspects of the Services are creative services, they may be open to creative interpretation, and that Team UAV cannot guarantee the outcome of the Services or the performance of the Equipment. As such the Customer’s rights to reject the Services or Equipment on the basis of non-satisfaction shall be restricted.
4.4 It shall be the responsibility of the Client to safely return the Equipment to Team UAV on the scheduled expiry of the Hire Period or upon the termination of the Agreement (whichever is sooner). If Team UAV agrees to collect the Equipment on such expiry or termination, the Client shall remain fully and wholly responsible for the safety, protection and condition of the Equipment until it is in the possession of Team UAV and Team UAV has confirmed such to the Client in writing.
4.5 The Client will not open the outer case or remove any circuit board, label, sign or serial number etc. of the Equipment.
5. Service Charges and Payments
5.1 The Client shall pay Team UAV, the fees and other amounts as outlined and agreed in The quotation or Agreement. Unless specified as being for a fixed price, the Services will be charged on a time and materials basis calculated on the basis of Team UAV’s standard rates from time to time (details available upon request) in addition to the reasonable costs and expenses associated with the Services (for example, travel costs). Any work carried out beyond the strict scope of the Services will be charged on this time and materials basis.
5.2 Team UAV reserves the right to amend any quotation or fixed price should either a site survey or prevailing weather conditions or consent of any event location owners, require additional equipment and/or time and/or Operatives to ensure the safe and professional operation of the Services.
5.3 Team UAV’s pricing is based on hire and service charges calculated on 12-hour periods, All hire, service, and other charges will be calculated on this basis unless previously agreed in writing.
5.4 Upon Team UAV being satisfied that the Services have been completed (or in advance of this at Team UAVs option), Team UAV will issue an invoice, or invoices, to the Client for the fees and charges then due. The Client will make payment for all sums due under an invoice in full, and in cleared funds, in the method set out on the invoice, within the time period set out in the quotation, agreement or invoice.
5.5 Any amount due to Team UAV that is outstanding after the due date for payment will attract interest at the rate of 8% per month above the base rate of The Bank of England until the full amount has been paid. Such interest charges will be compounded at the end of each month.
5.6 Team UAV may deduct the amount of deposit (if any has been paid to Team UAV) specified in the Hire Agreement from the final invoice(s) to the extent that such deposit remains unused.
5.7 If at any time the Client no longer wishes to receive the Services (or any part of the Services) Team UAV reserves the right to charge a cancellation fee not exceeding the total amount that would have been paid to Team UAV under the Agreement had the Services been completed.
5.8 The Client shall procure that upon request from Team UAV, the Client’s director(s) enter into separate guarantees with Team UAV whereby they irrevocably and unconditionally guarantee to Team UAV the due and punctual performance of the Client’s obligations under the Hire Agreement. In addition, if the Client defaults in payment of any sum or sums payable to Team UAV under the Agreement for a period of more than 90 days from the invoice date, the director(s) of the Client will upon written request from Team UAV pay such sum or sums as may be outstanding under the Hire Agreement. In the event of there being more than one signatory to this guarantee, the directors’ liabilities shall be construed and have effect as joint and several liabilities.
5.9 The Client shall pay Value Added Tax (or any similar tax due) on the taxable invoice values. Unless provided otherwise, all sums set out in the Agreement are exclusive of applicable tax and similar charges.
6. Intellectual Property Rights, Proprietary Rights and Publicity
6.1 The Equipment, 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 Team UAV. The Client shall have no right, title or interest in such proprietary rights, except those explicitly granted by Team UAV in this Agreement.
6.2 Each Party may publicise the customer-supplier 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.
7. Limitation of Liability – PLEASE READ THIS CLAUSE
7.1 To the full extent permitted by law, Team UAV’s total liability arising from, or related to, the Agreement and Services, shall be limited to the lower of the total price paid for the Services at the time of the act or omission giving rise to liability; or, £10,000, whichever is the lesser amount.
7.2 To the full extent permitted by law, Team UAV shall not in any circumstances be liable to the Client or any third party for any claims in respect of loss of profits, special damages or any consequential loss whatsoever, or be under any liability for loss or damage to any persons or property howsoever caused whether arising directly or indirectly from the Services or rental or use of the Equipment by the Client.
7.3 To the full extent permitted by law, Team UAV shall not be liable or responsible for the loss or damage of any material (for example, video footage, images, data or production samples) that the Client decides to use, or allows to be used, in connection with the Services. Furthermore, it remains the Client’s responsibility to ensure that, if possible, appropriate backup copies of such materials are safely maintained. Team UAV shall not be held liable if a third-party data processing or data storage or other software business that Team UAV has chosen to use or that the Client has chosen to use or both parties have agreed upon, loses, deletes, destroys or otherwise makes data unavailable for any reason.
8.1 Team UAV reserve the right to subcontract all or any part of the Services and to assign or otherwise deal with in any way whatsoever the interest of Team UAV in the Equipment and the Operatives under the Agreement.
9. Protecting the Equipment
9.1 All repairs, maintenance, and servicing of the Equipment shall only be carried out by Team UAV, or as authorised by Team UAV. In the event that such repairs, maintenance or servicing are appropriate, the Client will inform Team UAV and deliver the relevant Equipment to Team UAV at the location requested by Team UAV. Team UAV will then undertake the relevant work and then make the Equipment available for collection by the Client. The cost of such work by Team UAV, and the costs for hire for the period of the work, shall be borne by the Client unless Team UAV (in its absolute discretion) accepts that the work is part of the routine maintenance required for the Equipment. Team UAV shall not be liable for any costs, claims or other liabilities that may result from any periods of non-use or unavailability of the Equipment that results from Team UAV carrying out such repairs, maintenance, or servicing.
9.2 Unless stated otherwise, insurance for the Equipment is included in the charge for the Services provided that the Equipment is to be shipped by Team UAV using its nominated shipping company.
9.3 If the Client has chosen to use its own designated shipping agents (or otherwise agrees to provide its own insurance), then the Client is wholly responsible for ensuring adequate insurance cover, for the Hire Period, totalling no less than £500,000 and any further sum so as to ensure cover for the total cost of replacing the Equipment (on a new for old basis) in its entirety (at the Client’s own cost). Documented proof of this insurance being in place will be required before Equipment is dispatched. Team UAV reserve the right to suspend and/or terminate the Agreement & not dispatch the Equipment at any time (with no charge or penalty) if the required insurance documentation is not acceptable to Team UAV.
9.4 The Client is wholly liable to Team UAV for any repair and/or replacement (on a new-for-old basis) costs arising from loss, theft, damage, and/or similar events affecting the Equipment, during either the Hire period or the period where services are being carried out and the equipment is on the Clients property and where it is not the fault of Team UAV. This liability remains irrespective of the existence, or payment out from, any insurance policies. Any monies owed to Team UAV under this Clause will be invoiced to the Client and payable within 30 days of the invoice date.
9.5 In addition, if any of the Equipment is:
(a) lost, stolen, damaged, or otherwise deemed unusable or unrecoverable by Team UAV, and such events arise from the Client’s acts or omissions, or those of its agents or representatives (which shall be deemed to include any circumstances where such harm to any of Team UAVs Equipment arises from the Equipment being used in connection with non-Team UAV equipment); or, is damaged, stolen or otherwise made inoperable whilst performing the services on The Clients land or land rented by the Client or;
(b) The Equipment is not returned to Team UAV on or before the scheduled expiry of the Hire Period for any other reason;
then the Client will be liable to pay to Team UAV (in addition to the full agreed Service price) a sum calculated on the basis of Team UAV’s standard daily hire rates or service day rate for the relevant Equipment, for the full period that such affected Equipment is not replaced and/or remains unusable by Team UAV in the normal course of Team UAV’s business. Furthermore, if as a result of any of the preceding events, Team UAV is unable to fulfil its obligations to another client, the Client will indemnify Team UAV for, and pay to Team UAV a sum equal to, all losses or liabilities of Team UAV resulting from Team UAV’s inability to fulfil the agreement between Team UAV and that other client.
9.6 References in this Clause 9 to the costs of replacing Equipment on a “new for old basis” shall mean 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 not at the time for a replacement part of the current product range of the manufacturer, the costs of the replacement shall be determined by reference to the costs of the Equipment’ then nearest commercial alternative (as selected by Team UAV).
10.1 This Agreement shall expire upon the latter of the Services being completed or the end of the Hire Period, and Team UAV giving notice to the Client of such.
10.2 Team UAV may terminate the Agreement on written notice to the Client, in the following circumstances:
(a) the Client fails to pay any sums due under an invoice within the payment terms timeframe specified on the invoice;
(b) The Client fails to observe, or is in breach of, any of the terms of The Agreement;
(c) The Client becomes bankrupt, insolvent, unable to pay its debts as they fall due, has a receiver appointed over some or all of its assets, or suffers an analogous event.
10.3 The termination or expiry of the Hire Agreement for any reason whatsoever shall not affect the pre-accrued rights of the Parties, including the right of Team UAV to recover any sums due from the Client under the Hire Agreement. Additionally, such termination or expiry shall not affect the continuation in full force and affect any Clause of the Hire Agreement that expressly or impliedly endures expiry or termination, including Clauses 4, 5, 6, 7, 9, 10, and 12.
11. Interruption or Delay
11.1 Team UAV shall have no liability to the Client if it is prevented or delayed in performing the Services or from carrying on its business, by acts, events, omissions or accidents beyond its reasonable control (including force majeure events and labour disputes). Following cessation of such a delay, Team UAV will promptly recommence the performance of the Services. If Team UAV are unable to carry out the task on the day that the agreement is made for and the Client or parties relating to the Client are at fault, or if the required access cannot be obtained the Client agrees to pay Team UAV the no-fly day rate of £1799.86 as well as additional travel, accommodation and expense charges relating to the delay. If the delay prevents the works from continuing then the Client agrees to pay Team UAV the original quotation cost plus the additional fees for the delay and all travel, expenses and accommodation charges relating to the delay.
12.1 Any changes made to the Agreement must be agreed in writing to have an effect. Such changes shall not affect the rights of Team UAV under these Terms and Conditions unless explicitly stated otherwise.
12.2 All invoices, notices, demands or any communication from Team UAV to the Client shall be regarded as having been properly delivered to the Client if posted by first class post or emailed or faxed or left at the address of the Client stated on this Agreement and shall be deemed to have been delivered the day after despatch.
12.3 If any provision (or part of a provision) of the Hire 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 force. In such circumstances, the Parties will 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 invalid or unenforceable provision.
12.4 Each of the Parties acknowledges and agrees that in entering into the Agreement 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.
12.5 The Client shall not and Team UAV may, assign, or deal in any similar manner with, all or any of its rights or obligations under the Agreement.
12.6 The Agreement is for the benefit of the Parties (and where applicable their successors and permitted assigns) and is not intended to benefit, or be enforceable by, anyone else, whether under the Contracts (Rights of Third Parties) Act 1999 or otherwise.
12.7 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. Further, 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 Hire Agreement
14. Flight Rules, Regulations & Applicable Laws
Team UAV are subject to the rules and regulations imposed by UK Air Law and the Civil Aviation Authority. Specific regulations regarding Unmanned Aircraft Operations in UK Airspace apply to all flights undertaken. In the interests of flight safety, and on behalf of Team UAV, The Pilot of the drone is the sole judge as to which rules and regulations are applicable and reserves the right not to fly if they feel it is not safe or not within the regulations or law to do so. Team UAV will not be held liable for any costs relating to the Client if The Pilot does not, or cannot fly due to safety concerns. Team UAV will ensure that all reasonable risks are mitigated through its Risk Assessment and Method Statement (RAMS) process. Not all risks can be known until on-site before performing the services, some risks are not presented until the services have started such as; birds flying in close proximity to the drone or sudden adverse weather events.
In the event of cancellation or early termination of flights due to weather, Team UAV will endeavour to re-assign bookings to a day/s of suitable weather, subject to drone and crew availability. Whilst Team UAV will endeavour to advise of the likelihood of unsuitable weather ahead of the service agreed start date, Team UAV accepts no responsibility whether consequential or otherwise for delays or cancellations due to weather. When a booking is agreed upon between Team UAV and the customer, Team UAV reserves the right to charge for (i) a no-fly day rate which is detailed in clause 11.1 or on the quotation, and (ii) costs already incurred on behalf of the customer. This right, unless other written agreement is reached at the time of booking, is regardless of whether weather conditions permit the proposed operation. The Pilot alone shall decide on the suitability of the weather for a safe flight for any operation.
16. Operations by fixed price
The quotation provides an all-inclusive price for a specific service of Unmanned Aerial Vehicle operations, availability, flying time and ancillary costs. Any additional availability, flight or costs incurred due to the customer changing the requirements from that quoted will be subject to an additional charge. Reduced requirements will not necessarily be subject to a reduced charge, which will in any case be solely at the discretion of Team UAV.
VAT will be charged at the prevailing rate as quoted.
18. Cancellation by Customer
Confirmed bookings cancelled either wholly or in part, will be subject to cancellation fees at the following scale of charges:
Cancellation Notice & Charges More than 5 days = 50% of the full balance payable
Between 5 days and 72 hours = 75% of the full balance payable
Less than 72 hours = 90% of the full balance payable
No Show = 100% of the full balance payable
19.1 Non-existing customers are required to make payment in full at confirmation of booking. Until such payment is received, bookings will not have a CONFIRMED status and other work may be booked in and take preference.
19.2 Payment terms for existing Clients are as per the stated payment terms on the quotation, invoice or agreement. All bookings by existing customers have confirmed status after accepting a quotation either verbally in any form or in writing in any form.