Terms and Conditions

Terms and Conditions

All photography work is weather dependent.

The operator may postpone the shooting to ensure its safety and preserve the equipment used for aerial photography.

All care is taken to deliver the best photography result for the prevailing lighting and weather conditions on the day of the photo shoot.

Bookings

Bookings can be taken by phone for scheduling but must be confirmed by writing to

Email: info@digisky.co.nz

Or moe@digisky.co.nz

Payment Options

Payment can be made by Cash, Cheque or by Electronic Internet Banking.

TERMS

Digisky Ltd retains the right to review and alter these Terms and Conditions.

All images are Copyright Digisky Ltd and may not be altered, copied or reproduced in any format whatsoever without prior permission which will be in writing.

Our Guarantees:

• Money back guarantee: If the shots prove to be unsuitable for a reason related to the quality of work, no billing intervenes.

• Weather: If a shot is cancelled for reasons related to weather, environment, or regulation, the mission is not charged.

• Non-compliance: If the work would be inconsistent with your instructions, we will at our expense redo a second shooting or cancel the billing of these unusable photos.

Conditions of sale

1. General Clause: The contract of sale of services implies acceptance of these terms and conditions of sale. The sales contract is effective upon acceptance of the quotation by the customer.2. Definition of the service provided: The service provided by Digisky Ltd will be:

• to collect from the customer the necessary information for shooting,

• to visit the shooting location and realize in a single session, the report according to the instructions,

• to deliver on a digital media (USB key/stick, CD-rom etc…), via download or e-mail, the raw digital files in JPEG or other file format according to the customer’s requirement.

3. Order Cancellation: Digisky Ltd reserves the right to cancel an order if the prior authorizations to carry out the delivery and site-specific to photograph are not obtained. It is the same when the conditions of shots are not in security conditions in accordance with regulations, particularly with regard to air traffic, road, rail or sea. Digisky Ltd also reserves the right to cancel an order if the security conditions do not meet, due to the proximity of obstacles such as power lines, buildings, trees, weather conditions, unfavorable risk of pollution and in general due to any circumstances constituting a danger to the public, the operator or the environment. In the case of order cancellation on the initiative of Digisky Ltd, completeness of any amounts collected by Digisky Ltd shall be refunded within 30 days from the date of cancellation. Whatever the damage, an order cancellation at the initiative of Digisky Ltd is not subject to any compensation or penalty of any kind to the customer.

4. Copyright: Digisky Ltd grants the customer the right to reproduction and distribution in all media and by all means of photographs taken, for an unlimited period of time. The granting of these rights is effective until the date of full payment of the service by the customer. These rights are transferable in whole or part by the customer to a third party after obtaining the prior written permission of Digisky Ltd. Otherwise, Digisky Ltd reserves the right to act against any unauthorized third party to exploit his photographs. In return for the free transfer of reproduction rights granted to the client, the client agrees that Digisky Ltd market these same photographs for other clients. Unless otherwise agreed in writing, the customer authorizes Digisky Ltd to use the photographs taken for its communication tools, and include the names of its customers as a reference.

5. Deadlines: The deadlines for completion of the work are up to 3 weeks from the date of receipt of the order. In case of unfavorable weather conditions (Digisky Ltd.’s assessment only) or force majeure, the period may be extended by two weeks without the need to establish a new order. Beyond this delay, the order may be canceled at the request of the customer. In case of late delivery, whatever the reason, no compensation can be claimed by the client to Digisky Ltd.

6. Rates: Rates are those prevailing on the date of receipt of order or written quote and are fixed for a period of three months from that date. The number of photographs per shooting or elevation points is given for information. The work of retouching, or printing photographs or any other service conducted at the request of the client and not included in the quotation are subject to optional extras.

7. Payment Terms: Unless otherwise stipulated in the quotation, the work is payable on receipt of invoice. In case of a delay of more than 30 days, a 20% penalty of outstanding amounts will be charged in addition, and without prior formal notice. Late payments will also be referred to a collection agency. Collection costs are the responsibility of the debtor and their agents.

 8. Violations of rights of third parties: Digisky Ltd acts as a simple provider authorized to make shots. It is the customer to ensure he has the necessary rights to perform this work, especially of any prior authorization to shoot on a site. Otherwise, Digisky Ltd cannot be held liable for any infringement of third parties. The client is committed to providing Digisky Ltd all documents relating to these permissions when necessary.

9. Satisfaction Guarantee: Only work described in the quote are billable. Any additional services requested after the quote will be a new quote. If the work of Digisky Ltd does not satisfy the customer, Digisky Ltd agrees:

• Either to cancel the bill and refund any instalments received. In-part against, the customer will return the supplied files and commits not to use the copies for any reason whatsoever

• or perform once again this work at his own expense. The satisfaction guarantee is valid within 30 days after delivery of the work and do not apply for urgent works.

The customer use of photographs that have been exempted from payment due to unsatisfaction, leads automatically billing of such work plus a penalty of      $ 1,500.

10. Disputes: Any dispute must necessarily be issued by registered mail with return receipt. It may concern these conditions, the quality, or delivery of commissioned work. In case of dispute, the Tauranga’s courts only are competent.