- DEFINITIONS
- Booking refers to any communication from the Client requesting UAV Survey WA to deliver a service.
- Client is any individual or entity, or their representative, engaging or hiring UAV Survey WA’s services or
equipment. - Client Materials include all text, images, settings, and other content supplied by the Client to be used in
conjunction with the Services. - Confidential Information encompasses all trade secrets, business knowledge, financial details, and
other valuable data, regardless of format. This includes information that is confidential by nature, marked
as confidential, or should reasonably be understood as confidential. - Fees refer to the agreed charges the Client is responsible for in exchange for the Services.
- Intellectual Property Rights means copyrights, trademarks, designs, and patents, whether registered or
not, including any rights to apply for such protection. - Services means any work or tasks that UAV Survey WA is contracted to perform for the Client.
- Party refers to either UAV Survey WA or the Client, depending on the context.
- AGREEMENT ACCEPTANCE AND SCOPE
2.1. These terms, together with any written or electronic communication, form the entire agreement between
UAV Survey WA and the Client.
2.2. The agreement takes effect when the Client makes a Booking with UAV Survey WA.
2.3. This agreement supersedes any prior arrangements or discussions between UAV Survey WA and the
Client.
2.4. Any modifications to this agreement must be made in writing and signed by both parties.
2.5. Bookings are subject to favourable weather conditions. Weather conditions with wind speeds exceeding
12m/s, rain, lightning, excessive dust, poor lighting, or temperatures above 40 degrees Celsius will be
considered unfavourable. UAV Survey WA reserves the final judgment on whether the weather
conditions are suitable for conducting services. Deposits paid are non-refundable in the event of
cancellation or rescheduling due to adverse weather.
- FEES AND PAYMENTS
3.1. In exchange for Services, the Client agrees to pay the fees detailed in communications from UAV Survey
WA.
3.2. The Client will reimburse any reasonable costs incurred by UAV Survey WA while delivering the Services,
as outlined in prior communications.
3.3. If costs are not predefined, UAV Survey WA must obtain written approval from the Client before incurring
additional expenses.
3.4. UAV Survey WA reserves the right to withhold access to services or deliverables until all outstanding
Fees are fully paid.
3.5. The Client must pay any applicable taxes, including GST, along with the Fees.
3.6. For overdue payments exceeding the due date stated on the tax invoice, interest will be charged at the
rate of CPI + 10%, calculated daily from the due date until payment is received.
- UAV SURVEY WA RESPONSIBILITIES
4.1. UAV Survey WA may subcontract any part of the Services.
4.2. UAV Survey WA will work in the Client’s best interests while performing the agreed-upon Services for the
duration of the agreement.
- CLIENT RESPONSIBILITIES
5.1. The Client must provide UAV Survey WA with access to the locations, personnel, and resources
necessary to perform the Services. The Client is responsible for ensuring that all necessary permissions,
permits, and safety clearances are obtained for UAV Survey WA to access the site and complete the
agreed Services.
- CLIENT MATERIALS
6.1. The Client will provide all necessary materials promptly to ensure UAV Survey WA can meet agreed
deadlines.
6.2. UAV Survey WA reserves the right to refuse materials that it deems inappropriate or unlawful.
6.3. The Client grants UAV Survey WA a royalty-free license to use the Client’s materials solely for delivering
the agreed Services.
6.4. The Client guarantees that their materials will not infringe on any third-party intellectual property rights
and will indemnify UAV Survey WA against any third-party claims or damages resulting from such
infringements.
- ADDITIONAL SERVICES OR CHANGES
7.1. Any adjustments to bookings or additional service requests from the Client must be made in writing.
UAV Survey WA reserves the right to adjust the project timeline to accommodate such requests. Any
non-recoverable costs or additional fees incurred due to these changes will be invoiced to the Client,
and UAV Survey WA may invoice for these charges at any time.
- INTELLECTUAL PROPERTY
8.1. UAV Survey WA retains ownership of all intellectual property created while performing the Services.
8.2. Once full payment is made, UAV Survey WA will grant the Client a non-exclusive, royalty-free license to
use the intellectual property for internal purposes or any agreed-upon use.
8.3. The Client provides UAV Survey WA with a continuous, royalty-free, non-exclusive, and non-transferable
right to use the Client’s trademarks, business name, logos, and any media containing UAV Survey WA
footage for advertising and promotional purposes. UAV Survey WA is permitted to reference the Client
as a previous or current client for marketing purposes unless otherwise directed. However, no
confidential information shall be disclosed during such promotions.
- DEFAULT AND TERMINATION
9.1. A Party is in breach of the agreement if it fails to meet its obligations within 7 days of receiving notice, or
if it enters liquidation or bankruptcy.
9.2. Upon termination, all fees for services performed up to the date of termination will become due
immediately.
- UNFORESEEN EVENTS
10.1. In cases of unforeseen events beyond the reasonable control of either Party, the agreement may be
suspended and resumed or adjusted when circumstances allow.
- CONFIDENTIALITY
11.1. Both parties must maintain the confidentiality of any confidential information shared as part of this
agreement, except in cases where disclosure is required by law or with prior written consent.
- LIABILITY LIMITATIONS
12.1. The Client agrees to accept any risks associated with the use of the Services provided by UAV Survey
WA.
12.2. UAV Survey WA is not liable for any damages or losses incurred by the Client, except where law requires
otherwise.
12.3. UAV Survey WA’s liability is limited to correcting or re-supplying any defective services or refunding the
Fees paid for the Services, at its discretion.
12.4. UAV Survey WA’s total liability for any claim, including negligence, is limited to the total fees paid by the
Client under this agreement.
12.5. UAV Survey WA is not responsible for any indirect or consequential damages, such as lost profits, time,
or data.
- COMMUNICATION AND NOTICES
13.1. Any notices or communications must be in writing and must be delivered electronically.
13.2. Notices will be considered received on the third business day following receipt.
- MISCELLANEOUS
14.1. If any part of this agreement is deemed invalid or unenforceable, the remaining parts will continue in
full force.
14.2. Both Parties agree to cooperate in good faith to ensure the full execution of this agreement.
14.3. Failure by UAV Survey WA to enforce any right or provision does not constitute a waiver of that right.
14.4. This agreement is governed by the laws of Western Australia.