Drone Melbourne – Terms & Conditions
1. Definitions
Booking: A request from the Client for Drone Melbourne to provide Services.
Client: A customer, or any person acting on their behalf, who engages Drone Melbourne for Services.
Client Materials: Text, images, data, or other materials provided by the Client for use in connection with Services.
Confidential Information: Any information of a confidential nature, including personal information, financial details, trade secrets, or commercially sensitive information.
Fees: Charges payable by the Client for Services.
Intellectual Property Rights: Copyright, trademarks, designs, patents, and related rights.
Services: Drone and aerial-related services provided by Drone Melbourne.
Party: Refers to either Drone Melbourne or the Client.
2. Agreement and Acceptance
2.1. These Terms form the entire agreement between Drone Melbourne and the Client. 2.2. The agreement starts once a Booking is made. 2.3. Variations must be in writing and agreed by both Parties. 2.4. Bookings are subject to weather conditions. Deposits are non-refundable if a Booking is cancelled or postponed.
3. Fees
3.1. The Client must pay all Fees as agreed in communications with Drone Melbourne. 3.2. Expenses not included in quotes require the Client’s written approval before being incurred. 3.3. Services or deliverables may be withheld until payment is made. 3.4. GST is payable in addition to Fees. 3.5. Late payments may incur interest at CPI + 10% per annum.
4. Drone Melbourne Obligations
4.1. Drone Melbourne may subcontract parts of the Services. 4.2. Drone Melbourne will act in good faith and use reasonable efforts to deliver Services.
5. Client Obligations
5.1. The Client must provide access, assistance, and any required resources for Services.
6. Client Materials
6.1. The Client must provide materials on time and in the required format. 6.2. The Client grants Drone Melbourne a royalty-free licence to use the materials to deliver Services. 6.3. The Client warrants that materials do not infringe third-party rights and indemnifies Drone Melbourne against related claims. 6.4. Drone Melbourne may refuse to use inappropriate or unlawful materials.
7. Additional Services or Changes
7.1. Changes or additions requested by the Client may incur extra Fees.
8. Intellectual Property
8.1. All Intellectual Property created by Drone Melbourne remains its property. 8.2. Once Fees are fully paid, Drone Melbourne grants the Client a non-exclusive licence to use the deliverables for agreed purposes. 8.3. Unless advised otherwise, Drone Melbourne may reference the Client in its marketing.
9. Default and Termination
9.1. Either Party may terminate if the other defaults or becomes insolvent. 9.2. On termination, all outstanding Fees become immediately payable. 9.3. Each Party must return any Confidential Information.
10. Force Majeure
If events beyond either Party’s control prevent performance, the Agreement is suspended until both Parties can reasonably continue.
11. Confidentiality
11.1. Confidential Information must not be disclosed except as required by law or with consent. 11.2. This obligation survives the end of the Agreement.
12. Limitation of Liability
12.1. The Client accepts risks associated with the Services. 12.2. To the extent permitted by law, Drone Melbourne excludes all implied warranties. 12.3. Drone Melbourne’s liability is limited to re-supplying Services or refunding Fees paid. 12.4. Drone Melbourne is not liable for indirect or consequential losses, including weather-related delays or loss of profits.
13. Notices
Notices must be in writing and delivered by hand, prepaid post, or email to the contact details provided in the proposal or agreement.
14. General
14.1. If any part of this Agreement is unenforceable, the remainder remains valid. 14.2. This Agreement is governed by the laws of Victoria, Australia.