Terms and conditions for drone surveys AND MAPPING

1. Definitions

In these conditions the following words shall have the following meaning :-

“Low Altitude”, “Company”, “Us”, “We”, “Our”, or variations thereof shall mean Low Altitude Ltd

“The Client”, “You”, “Your”, or variations thereof shall mean the person, firm or Company with whom Low Altitude Ltd contracts.

“Goods” means the articles or things or service which are the subject matter of the Contract (eg Vineyard Mapping, Vineyard Surveys, Field Mapping, Crop surveys etc)

2. Order Acceptance Policy

2.1. Low Altitude reserves the right at any time to accept or refuse service and sales for any reason. Low Altitude reserves the right to require additional verifications or information from the purchaser before accepting any order or providing services. You agree that the receipt by Low Altitude of an electronic or printed copy of an order form does not indicate Low Altitude’s acceptance of the purchaser’s order, neither does it constitute confirmation of Low Altitude’s offer to supply services.

3. Quotations

3.1. Written quotations are valid for up to 30 days (unless agreed otherwise) and will be supplied for all work on receipt of a clear and accurate written brief from the Client. Written briefs are required to ensure survey objectives are well defined for both the Client and Low Altitude and to avoid errors. The brief may need to include, but is not limited to, full postal address with postcode, maps, site plans with boundaries and the North compass bearing clearly marked, Ordnance Survey Grid references (6-figure) and any other material required to accurately identify the site from the air.

3.2 . The quotation and fee will be inclusive of all preparatory work, provision of any written documentation (eg. Method Statements and Risk Assessment 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 work (not normally included) and digital delivery of the survey. For UAS work, unless otherwise stated, the quotation will be for the amount of aerial survey reasonably achievable within one day.

4. Payment Terms

4.1 Terms of payment are within Low Altitude’s sole discretion, and, unless otherwise agreed to in writing by Low Altitude, full payment is due in full on receipt of invoice. In the case of work being required by the client to be done in phases, Low Altitude reserves the Right to partially invoice at stages and request an initial deposit (“Deposit”) prior to the commencement of any work due to be undertaken. Low Altitude reserves the right to add statutory Late Payment Interest (Base Rate + 8%) to overdue accounts [Late Payment of Commercial Debts (Interest) Act 1998].(see 4.6)

4.2  The Client shall pay Low Altitude, the fees and other amounts as outlined and agreed in the quotation. Any additional work requested that has not been previously agreed upon or that has not been included in the initial quotation, will be charged for on a ‘time and hire’ basis calculated on the basis of Low Altitude’s standard rates . 

4.3 Low Altitude reserves the right to amend any quotation prior to both parties being in agreement or based on any new information which comes to light from either a site survey or prevailing weather conditions or consent of any location owners, or requirements for additional equipment and/or time and/or Operatives to ensure the safe and professional operation of the Services. 

4.4 Low Altitude’s pricing is based on survey charges being calculated on task circumstances, location, actions required, equipment and operators needed (pilots, observers, assistants).All survey and other charges will be calculated on this basis, unless previously agreed in writing.

4.5 Upon Low Altitude being satisfied that the Services have been completed in full or in stages (or in advance of this at Low Altitude’s option), Low Altitude 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, upon receipt of invoice (unless Low Altitude and the Client agree an alternative time frame, in writing). 

4.6 Unless previously agreed, any amount due to Low Altitude 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. 

4.7 Low Altitude may deduct the amount of deposit (if any has been paid to Low Altitude) specified in the service Agreement from the final invoice(s) to the extent that such deposit remains unused.

4.8 Once a booking has been made, if at any time the Client no longer wishes to receive the booked Services (or any part of the Services) Low Altitude reserves the right to charge a cancellation fee not exceeding the total amount that would have been paid to Low Altitude under the service Agreement had the Services been completed. 

4.9 The Client shall procure that upon request from Low Altitude, the Client’s director(s) enter into separate guarantees with Low Altitude whereby they irrevocably and unconditionally guarantee to Low Altitude the due and punctual performance of the Client’s obligations under the service Agreement. In addition, if the Client defaults in payment of any sum or sums payable to Low Altitude under the Agreement for a period of more than 60 days from the invoice date, the director(s) of the Client will upon written request from Low Altitude pay such sum or sums as may be outstanding under the service 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. Site

5.1. If a site survey is needed prior to the quotation, the cost will be agreed and invoiced in advance (unless agreed otherwise). The Client must confirm in writing that it has permission to access the ground that will be used to take off and land. If a client cancels our services after accepting a written quotation, the Risk assessment fee will be still be valid and chargeable to the Client due to work that has to be undertaken prior to any flights or survey being performed by Low Altitude on behalf of the client.

6. Cancellation by Low Altitude

6.1 If Low Altitude cannot fly/survey due to adverse weather conditions or mechanical failure, cannot fly due to reasons that only become evident once on site or for reasons that Low Altitude was not advised of beforehand, then a partial cost will remain due for payment to Low Altitude. Low Altitude will make every reasonable attempt to complete any tasks missed due to any of the reasons highlighted, within 28 days of the missed task.

7. Cancellation by You

7.1 Notice of cancellation by the Client must be received in writing by Low Altitude and the Notice is not valid until confirmed in writing by Low Altitude. Cancellation fees are payable according to the following schedule:

7.1.1 Three or more days notice – 40% of the agreed fee less any payment already made.

7.1.2 Two days or less notice – 60% of the agreed fee less any payment already made.

7.1.3  Notwithstanding the above schedule, if any costs have been incurred by Low Altitude following written instruction from you (for example, but not limited to an agreed Site Survey cost, additional operators, specialist equipment) these costs will remain due for payment in full.

8. Permission to conduct survey

8.1 Flight permission is generally granted within a day or so, however with UAS surveying, permission from the Civil Aviation Authority (CAA), local Police, other authorities and relevant landowners, when needed, can take several weeks (CAA may require up to 28 days written notice of intention to fly). This is usually granted but certain height and/or other conditions may be applied). All work is subject to obtaining permitted and legal access from which to safely operate the UAS equipment.

9. Limitation of Liability, weather, Force Majeure, Act of God and Other constraints

9.1 As with any outdoor survey, a successful outcome depends upon suitable weather conditions. A decision to survey on a particular day is normally delayed to the last practical moment to maximise the chance of suitable weather. Should the weather on the day not be as forecast and the assignment needs to be postponed, or there is some other reasonably unpredictable reason why the work could not be completed , then either there will be no additional charge to the Client for a return visit to complete the work or the Client can request a full refund of monies paid to Low Altitude in respect of the cancelled time. No refund will be made for any chargeable preparation work already carried out.

9.2 The UAS and camera weigh approximately 1Kg. Whilst the UAV has build-in self-stabilising measures, it is a flying platform and is subject to movement by the wind and will tilt whilst being held against the wind. This will impact on the image quality, steadiness and the angle of the survey images. We will endeavour to obtain the best imaging for the conditions. 

9.3 If the work could not be completed due to Client reasons (e.g, but not limited to, lack of access or unscheduled site activity etc), the Client may be charged to recover costs and time.

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

9.5 Battery limitations mean that each flight will last a maximum of approximately 35 minutes. After this time, the UAV must descend for a battery change.

9.6 In exceptional circumstances, Low Altitude 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 Low Altitude will be limited to the total value of the contract with no liability accepted for indirect and/or consequential loss.

9.7 Low Altitude 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.

9.8 Whilst back-up copies of images are usually kept, Low Altitude accepts no responsibility nor liability for maintaining archive copies of survey material after the work has been delivered to and accepted by the Client.

9.9 Low Altitude has all necessary insurances, including Public Liability Insurance, with an indemnity of up to one million pounds. Increased indemnity is available at the request of the Client but will be charged to the Client.

9.10 Low Altitude 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 Third Parties.

9.11 Low Altitude and its 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 out of or incidental to:

9.11.1 Any negligence on the part of Us (except insofar as the same causes death or personal injury) or

9.11.2 Our performance of or failure to perform or breach of any of its express implied obligations under the Contract.

9.12 You shall indemnify Us against any liability whatsoever (including any liability based on the negligence of You) which it may incur resulting from any claim made against You by any third party.

9.13 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 or materials or any other cause or causes not within Our direct control.

10. General Conditions

10.1 No failure or delay on the part of us 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 Our rights in the event of any further or additional breach or breaches.

10.2 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

10.3 The Contract shall be construed in accordance with English law which shall be the proper law of the Contract and the English Court shall have sole jurisdiction in relation to the provisions contained in these Conditions.

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

10.5 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.

10.6 These Conditions are stipulated by Us on Our own behalf and on behalf of all agents and apply for the protection of all its agents as for Us. The Client undertakes not to sue or make any claim whatever against any of us or agent of Us in respect of any alleged negligence or other default of that Us or agent in relation to the carrying out, failure to carry out or breach of any Contract.

10.7 The Client acknowledges and agrees by placing orders with Us that:

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

10.7.2 There are clauses contained in these Conditions which exclude, limit or modify the liability of Us and Our agents

10.8 All charges are subject to these Terms and Conditions

10.9 The Client acknowledges that the Client has read this Agreement and both understands and agrees with Us regarding all of the Terms and Conditions

11. Data

11.1 All data collected, including imagery, maps, and reports, remain the property of Low Altitude.

11.2 Clients are granted a non-exclusive, non-transferable license to use the data for internal purposes only.

11.3 Clients shall not sell, distribute, or otherwise make the data available to third parties without Low Altitude’s prior written consent.

11.4 Low Altitude shall not be held liable for any direct, indirect, incidental, or consequential losses or damages arising from the use of the processed data. This includes decisions made or actions taken based on the data’s accuracy or inaccuracy. Clients are advised to use the data in conjunction with other information sources and professional advice.

11.5 Clients are responsible for the final interpretation and application of the data. We recommend consulting qualified professionals, such as agronomists, for decision-making where precision is critical.

11.7 The Client agrees to indemnify and hold harmless Low Altitude from any claims, damages, losses, or expenses resulting from the use of data processed by us, including third-party software.

We provide agricultural drone surveys and vineyard surveys in Hampshire, Dorset, Wiltshire and West Sussex. We provide archaeology surveys in Hampshire, Dorset, Wiltshire, Berkshire, West Sussex, East Sussex, Surrey, Somerset