Terms & Conditions

1. Introduction

In these Terms and Conditions (Trading Terms) the following words and expressions have the meanings set out below:

‘Company’ means Bryant Site Services Ltd.

‘Client’ means the person or organisation that awards the Contract and engages the Company, including anyone acting as agent for a third party.

‘Contract’ means the agreement between the Client and the Company, including these Terms and Conditions, all Specifications and any other relevant documents.

‘Price’ means the agreed fee or scale of charges for the Service.

‘Plans’ means drawings, digital data, photographs, listings, reports or any other supporting documentation.

‘Specification’ means the written instructions, plans, drawings and photographs provided by the Client before the Service begins.

‘Service’ means surveying, mapping, setting out, photography, videography, inspection or any other service to be provided, together with all supporting plans and data produced and supplied by the Company.

1.1 These Trading Terms apply to all purchases of products and services, whether a single “Service” or multiple “Services”, made through the website or following contact with the Company. By ordering any Services from the Company, you agree to be bound by these Trading Terms. These Trading Terms form a legal agreement between you and us and may only be amended with our consent.

1.2 We may update these Trading Terms from time to time without prior notice. Any changes will not affect purchases made before the updated terms take effect.

2. Quotations

2.1 Written quotations are valid for 30 days and will be supplied for all Services on receipt of a clear and accurate written brief from the Client.

2.2 Written briefs are required to ensure photographic objectives are well defined for both the Client and the Company and to avoid errors. The brief may need to include, but is not limited to, full postal address with postcode, maps, digital data CAD & site plans with boundaries clearly marked, Ordnance Survey Grid references, What3Words reference and any other material required to accurately identify the site from the air.

2.3 The Company may request changes to the written brief if it is determined that any flight operation could impair the operational safety of the equipment, persons, property or violate any laws.

2.4 The quotation and fee will be inclusive of all preparatory Services, provision of any written documentation (eg. Method Statements and Risk Assessments where required) or permission required (e.g. by the Civil Aviation Authority, Air Traffic Control, Police and relevant landowners), travel and accommodation (where necessary) and post-production processing Service and digital delivery of images / data / video.

2.5 The fee quoted will reflect the proposed uses of the images and data, as stated by the Client, for which Full Personal Reproduction Rights will be granted. A series of assignments is treated as a set of individual contracts. Additional Reproduction Rights may be negotiated at a future date.

2.6 All costs quoted are exclusive of VAT, which will be added to the quotation and invoice.

2.7 The fee quoted may include expenses for travel charged at a per mile rate from the Company registered office, covering a return trip.

3. Order Acceptance

3.1 The Company reserves the right, at any time and for any reason, to accept or refuse any request for services or sales.
The Company may require further verification or information from the purchaser before accepting any order or providing any services.

3.2 The Client acknowledges and agrees that title and ownership of all ordered products shall remain with the Company until the Company has received payment of the full purchase price.

4. Contract

4.1 All documents forming the Contract are to be taken as mutually explanatory of each other. In cases of discrepancy the Specification shall prevail. The Client must provide all relevant information regarding the Service and state any unusual condition which may apply.

4.2 Unless previously agreed by either acceptance of the quote by the Client or arrival on site (whichever applies) shall be taken to be acceptance of these Terms and Conditions. All queries in relation to these Terms and Conditions must be raised before the Service is started.

4.3 Any additional Service quested by the Client outside the agreed Specification and not included in the agreed price may be subject to our standard rates. The Client may vary the Service required provided that the total cost of the Contract is not affected by more than 10%. If there are significant variations in the condition of the site or from the assumptions made in agreeing the price that will alter the costs of the Service significantly, we will inform the Client of this immediately and seek clarification on how you wish close to proceed.

4.4 The Client shall not cancel the Contract without compensating the Company for work (Service) done to time of consolation plus 20% of the price remaining.

4.5 The Company may subcontract part of the Service, whilst accepting full responsibility for the Service as if it had not been sub-contracted.

4.6 If either party commits an act of bankruptcy or has a receiving order made against them the Service may be suspended on the Contract terminated upon written notice being served.

5. Payment Terms

5.1 Securing a Service:
To secure a booking the Client must provide one of the following:

• Purchase order for the quoted amount
• Full payment
• Deposit

5.2 Terms of payment are at the Company’s sole discretion, and, unless otherwise agreed to in writing, full payment is due by the due date and payment terms stipulated on the invoice.

5.3 Where an assignment is to be completed in phases, the Company reserves the right to partially invoice at stages.

5.4 A payment is deemed late when an invoice is not settled by the due date stated on the invoice issued.

5.5 The Company reserves the right to add statutory Late Payment fees to overdue accounts [Late Payment of Commercial Debts (Interest) Act 1998]. Late payment fee consists of Interest (Base Rate + 8%) applied to the invoice amount, calculated daily from the invoice due date.

5.6 The Company reserve the right to prevent any output of commissioned material until full payment has been received. If this is not possible due to time restraints, the Company will require an agreed date of payment in writing, usually by Purchase Order. Until this is received, no content shall be distributed.

6. Site

6.1 Often it is necessary to perform a pre-site assessment of a location prior to completing detailed planning.

6.2 If a site survey is required prior to the quotation, the cost will be agreed and invoiced in advance. The Client must confirm in writing that it has permission to access the ground that will be used to take off and land. By ordering any Services from the Company you are indicating your acceptance to be bound by these Trading Terms.

6.3 We require the permission of the landowner to take off and land or carry out ground surveys, install ground control points etc.

6.4 The Client will ensure that the site/survey engineer/drone operator has free and safe access to areas unless advised otherwise and that the site clearance has been undertaken. The site/survey engineer/drone operator will only carry out limited site clearance by hand and where practical. Where it is necessary for the site/survey engineer/drone pilot to have access onto private property the client will be responsible for obtaining any necessary permissions. The client will also provide the site/survey engineer/drone pilot with a list of the occupiers and any letters of identification which may be needed.

6.5 If we are flying near an airport or airfield, we will need to contact local Air Traffic Control to request permission to operate at a certain height on a specified date and time.

6.6 Where a single site contains multiple subjects for inspection, each subject will be planned separately.
Each subject will be reflected in the quotation / invoice accordingly.

6.7 Certain restrictions may apply to certain areas of operation and additional permissions to fly may need to be sought from the CAA, Police and other authorities.

6.8 Survey Services on the public highway will only be carried out where traffic management is not required. Only utility services found will be surveyed and drainage details if required, will be measured from the surface only. Manhole covers will not be lifted if they are damaged and or rusted, buried, within the public highway and requiring traffic management, parked over or under storage / structures.

7. Cancellation & Refunds

7.1 Client Cancellations

• More than 5 workings days before the scheduled Service: Full refund of any deposit or prepaid amount. No cancellation fee will apply
• Less than 5 working days before the scheduled service: A cancellation fee of 50% of the total Service cost will apply.
• Same-day cancellations or no-shows: A cancellation fee of 100% of the total Service cost will apply.

Costs incurred prior to such site visits and meetings will remain due for payment in full.

7.2 Company Cancellations

If Bryant Site Services must cancel due to weather, equipment failure, pilot illness, regulatory restrictions, or other unforeseen circumstances, clients will be offered either:

• A rescheduled appointment at the earliest mutually available date, or
• A full refund of any payments made for services not yet performed.

7.3 If the Company cannot carry out the Service due to reasons that only become evident once on site or for reasons that the Company was not advised of beforehand then the full cost will remain due for payment. The Company may, at its sole discretion, offer a discount on a re-assignment should one be scheduled.

7.4 Notice of cancellation by the Client must be received in writing by the Company and the Notice is not valid until confirmed in writing by the Company.

8. Commissioned Services, Data & Deliverables

8.1 Still photographic material will be supplied with no or minimal post-production editing unless the Client specifies otherwise. Video material will normally include post-production editing, as agreed before the Service begins.

8.2 Digital manipulation and advanced editing of images and videos is available at an additional cost.

8.3 All original photographic / video material remains the property of the Company.

8.4 Files such as images and video will be made available for download via online secure file storage. Links will be valid or 30 days from date of issue. It is your responsibility to download, review and store files before link expiry.

8.5 If access to files is required after 30 days, an admin fee may be charged to retrieve files from archive.

8.6 We grant to you a non-exclusive, non-transferrable right to use online viewers, logins, surveys & inspections under these Terms and Conditions for a term of one year from invoice date, renewable in increments of one year in accordance with these Terms and Conditions.

8.7 Where data is hosted in a cloud-based platform, access is guaranteed for 12 months from delivery date. If access to the data is required after 12 months, a retention fee will apply.

8.8 Specifically requested surveys may not be automatically linked to Ordnance Survey level or position due to the location of sites and the availability of a GPS network connection. If this is critical to your Specification, we must be informed of this before we start the Service as otherwise adjusting the drawing to OS will incur additional costs.

8.9 For setting out Service the Company will need to agree the setting out position of the building with the Client or their representative and establish control on site. The Client will provide drawing suitable for the purposes of setting out. The Client will inform the Company in writing of any changes to the setting out drawings at the earliest opportunity.

8.10 The Company shall not be held liable for any parts of survey data missing or for defects not visible with the drone. Condition surveys shown the condition on the day of the survey only and there may be defects hidden by debris or leaves for example.

8.11 Any items requiring correction or rectification at the Company’s expense must be raised in writing within 30 days of delivery. If there are no errors and the items can be shown to be within the standards specified in the Contract, the costs incurred in checking will be reimbursed by the Client.

8.12 The Company will not be liable for any inaccuracy of the plans beyond the specified scale or accuracy, four for any matters resulting from their use for purposes other than stated in the Contract. No liability shall attach to the site/survey engineer / drone pilot in respect of any consequential loss or damage suffered by the Client.

9. Legal Reproduction Rights & Copyright

9.1 Limited Reproduction Rights of the commissioned material passes to the Client upon full settlement of the final invoice.
This allows reproduction for all uses stated on the quotation from the Company.
By default and in the absence of any stated use, this will be ‘General Marketing’.
General Marketing use excludes use for ‘merchandising’ (e.g. reproduction of an image for promotion on goods for resale), for which an additional fee will need to be negotiated.

9.2 Unless agreed in advance, use of the images by any third party (including, but not limited to, newspapers, magazines, book publishers, television, film and the Internet) will only be granted following written permission from the Company.
This will incur a negotiated Reproduction Fee.

9.3 Subject to Paragraphs 9.1 and 9.2, above, the following two exceptions do not need advance written permission from the Company:

9.3.1 Any third party working directly for the Client such as a Company creating publicity material for the Client incorporating the commissioned material in a General Marketing way.

9.3.2 Newspaper Editorial Content for a news item about the Client provided that the text “Photograph (C) the Company” is clearly visible adjacent to the image for printed content and for online content the aforementioned text is clearly visible and all the text hyperlinks to the Company Home Page (https://www.bryantsiteservices.co.uk).

9.4 We abide by the Consumer Protection from Unfair Trading Regulations 2008 and the Business Protection from Misleading Marketing Regulations 2008. We will not alter our images to deliberately mislead the viewer. We remind users of our images that publishing old images (which were taken much earlier when the views were significantly different), without indicating capture date, could be misleading. Both of these activities may be considered as offences under these Regulations.

9.5 You acknowledge that all intellectual property rights in online surveys belong to the Company, that rights to use online surveys are licenced (not sold) to you, and that you have no rights in, or to, online surveys or any information therein other than the right to use them in accordance with these Terms and Conditions.

9.6 You may use online surveys:

1. for your internal business purposes;
2. for your own personal purposes (as a Consumer);
3. if you have been granted a User Account by the Company.

10. Licence

10.1 The Company grants the Client an exclusive licence to use the commissioned material as agreed in clause 9.1 for a period of 12 months from the date of delivery of the commissioned material from the Company to the Client
OR from the date that full payment has been received by the Company from the Client for the commissioned material,
whichever is the later.

10.2 After the period of the licence as stated in Clause 10.1 has expired:

10.2.1 The Company grants the Client a non-exclusive licence to use the commissioned material in perpetuity and in agreement with Clauses 9.1, 9.2 and 9.3. and

10.2.2 The Client agrees that the Company may use the images and that the Company may also licence the images to third parties without reference to the Client.

10.3 The client may not re-sell or allow 3rd party companies to use commissioned material without prior agreement.

11. Limitation of Liability, Weather and Other Constraints

11.1 As with any outdoor location, a successful outcome depends upon suitable weather conditions.

A decision to complete the assignment on a particular day is normally delayed to the last practical moment to maximise the chance of suitable weather which can be up to and including the day prior to the scheduled site visit.

The Company reserves the right to cancel / reschedule a flight due to safety concerns, arising from, but not limited to poor weather, visibility or high wind speed.

If the weather forecast from available sources shows an increased chance of wind or rain or reduced visibility, the site visit will need to be rescheduled.

We will work to the following constraints:

High Wind (>20mph)

High chance of rain (>30%)

Visibility forecast less than Good.

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Should the weather on the day not be as forecast and so the assignment needs to be postponed, or there is another unpredictable reason why the Service could not be completed, then:

• There will be no additional charge to the Client for a return visit to complete the Service
• Or the Client can request a full refund of monies paid to the Company in respect of the cancelled time.
• No refund will be made for any chargeable preparation Service already carried out. See clause 7. Cancellation & Refunds.

11.2 UAV’s are subject to movement by the wind and will tilt whilst being held against the wind. This may impact on the image quality, steadiness and the angle of the picture(s). The Company will endeavour to obtain the best quality pictures for the conditions.

11.3 The Company will always endeavour to complete its assignments by proposed completion dates.
However, due to weather and other operational constraints, the Company cannot guarantee completion on or by any specific date. The Company cannot be held responsible for any missed publishing or other deadlines or any consequential costs involving the timing of the commission.

11.4 The Client will allow a window of at least 5 business days for the Service to be undertaken on site. This will allow for any re-scheduling due to adverse weather conditions.

11.5 The completion of Service may be subject to alteration or cancellation due to cause or causes beyond the Company’s control.
Certain requested shots from specific locations, directions and heights, quoted to be undertaken, may not be possible on the day for various operational reasons.
In this case, the best possible alternative shot(s) will be supplied and these will be deemed to fulfil the contract.

11.6 In exceptional circumstances, the Company may not be able to completely fulfil or complete a contract at all.
In these cases, it will refund part or all of any deposit received and not accept any other liability.
In any event, the liability of the Company will be limited to the total value of the contract with no liability accepted for indirect and/or consequential loss.

11.7 The Company does not accept liability for errors resulting from incomplete or inaccurate instructions from the Client’s written brief, nor for delays or restrictions caused by Air Traffic Control, CAA or the Police or similar bodies.

11.8 Whilst back-up copies of images are often kept, the Company accepts no responsibility nor liability for maintaining archive copies of photographic material after the Service has been delivered to and accepted by the Client.

11.9 The Company has a liability to the Client not more than the insurance cover in place at the time of the Contract. At the current time the Company has in place insurance policies to cover public liability, for not less than £5 million; Employees liability for not less than £10 million and professional indemnity for £1 million.

11.10 The Company and its employees and agents shall be under no liability for any injury, loss, or damage of any kind whether direct, consequential or special and howsoever caused resulting from or arising from:

• Any negligence on the part of the Company or its employees (except insofar as the same causes death or personal injury) OR
• The Company’s performance of or failure to perform or breach of any of its express implied obligations under the contract.

11.11 The Client shall indemnify the Company against any liability whatsoever (including any liability based on the negligence of the Client) which it may incur resulting from any claim made against the Client by any third party.

11.12 We accept no liability for delay or non-fulfilment of any term of the contract caused wholly or in part by “force majeure”, which expression shall be deemed to include war, strikes, lockouts, accidents, fire, scarcity of materials or any other cause or causes not within the Company’s direct control.

12. General

12.1 No failure or delay on the part of the Company to exercise its rights under the contract shall operate as a waiver thereof, nor shall any single nor partial exercise of any such right exclude any other or further exercise thereof.
Any waiver of a breach of any provision of the contract shall not affect the Company’s rights in the event of any further or additional breach or breaches.

12.2 Notwithstanding termination of the contract these Conditions shall continue in full force and effect for so long as is necessary after such termination to give full effect to the provisions contained in these Conditions.

12.3 The contract shall be construed in accordance with UK law, and the UK Court shall have sole jurisdiction in relation to the provisions contained in these Conditions.

12.4 The clause headings in these Conditions are for convenience only and shall not affect the interpretation hereof in any way whatever.

12.5 Each and every obligation contained in the clause or sub-clause of these Conditions shall be treated as a separate obligation and shall be severally enforceable as such and the non-enforceability at any time of the clause or sub-clause of these Conditions shall not prejudice the enforceability of the remainder.

12.6 These Conditions are stipulated by the Company on it’s own behalf and on behalf of all it’s employees and agents and apply for the protection of all its employees and agents as for the Company. The Client undertakes not to sue or make any claim whatever against any employee or agent of the Company in respect of any alleged negligence or other default of that employee or agent in relation to the carrying out, failure to carry out or breach of any contract.

12.7 The Client acknowledges and agrees by placing orders with Bryant Site Service that:

12.7.1 This is a transaction into which both parties are freely entering.

12.7.2 There are clauses contained in these Conditions which exclude, limit or modify the liability of the Company and its employees and agents.

12.8 All pilots operating for the Company have attended an accredited course with NQE (National Qualified Entity) status from the CAA (Civil Aviation Authority) facilitating operators and companies the ability to obtain an Operational Authorisation (OA), proof available on request.

12.9 Commercial operations with a small, unmanned aircraft (SUA / UAV / Drone) and operations within a congested area are bound by the Company’s Operations Manual which details how flights will be conducted, in accordance with CAA permissions.

13. Confidentiality

13.1 All enquiries will be dealt with in complete confidence.

13.2 If required, involved members of staff will sign a non-disclosure agreement (NDA) prior to details of the project being shared.

13.3 If an NDA is required, the Client should make this known at the earliest available opportunity.

14. Company Information

Bryant Site Services Ltd is a registered company in the United Kingdom.
Company number 14759124
VAT number 472 6655 64
Registered office address: 15 Queensway, Chester, CH2 1PF

15. Acceptance of Terms

The Client acknowledges that they have read this Contract, and both understands and agrees with the Company regarding all of the Terms and Conditions.