Terms and Conditions
 
1. Definitions In these conditions the following words shall have the following meaning: - "PMI AIRSCAN", "Company", "AIRSCAN", "PMI AIRSCAN Photos", "Us", "We", "Our", or variations thereof shall mean PMI AIRSCAN of 8 Holbrook Barn Rd, Boxford, Suffolk, CO10 5HU trading as PMI AIRSCAN. "The Customer", "You", "Your", or variations thereof shall mean the person, firm or Company with whom PMI AIRSCAN contracts. "Goods" means the articles or things or service which are the subject matter of the Contract.
 
2. Order Acceptance Policy
2.1. PMI AIRSCAN reserves the right at any time to accept or refuse service and sales for any reason. PMI AIRSCAN 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 PMI AIRSCAN of an electronic or printed copy of an order form does not indicate PMI AIRSCAN’s acceptance of the purchaser’s order, neither does it constitute confirmation of PMI AIRSCAN’s offer to sell.
2.2. You acknowledge and agree that title and ownership of all ordered products shall remain with PMI AIRSCAN until the full purchase price for the same has been satisfied to PMI AIRSCAN.
 
3. Quotations
3.1. Written quotations are valid for 30 days 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 photographic objectives are well defined for both the Client and PMI AIRSCAN 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 (e.g. 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 images. For UAV work, unless otherwise stated, the quotation will be for the amount of aerial photography reasonably achievable within one day.
3.3. The fee quoted will reflect the proposed uses of the images, 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. 
 
4. Payment Terms
4.1 Terms of payment are within PMI AIRSCAN’s sole discretion, and, unless otherwise agreed to in writing by PMI AIRSCAN, full payment (including VAT) is due in full before the first day of shooting. In the case of work being required by the client to be done in phases, PMI AIRSCAN reserves the Right to partially invoice at stages. PMI AIRSCAN reserves the right to add statutory Late Payment Interest (Base Rate + 8%) to overdue accounts [Late Payment of Commercial Debts (Interest) Act 1998].
 
5. Site
5.1. If a site survey is needed 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.
 
6. Cancellation by PMI AIRSCAN
6.1 If PMI AIRSCAN cannot fly due to adverse weather conditions or mechanical failure, and the photoshoot cannot be rescheduled, PMI AIRSCAN will refund all advance monies paid for that day. Costs incurred prior to the photoshoot day such as paid-for Site visits and meetings are excluded and remain due for payment.
6.2 If PMI AIRSCAN cannot fly due to reasons that only become evident once on site or for reasons that PMI AIRSCAN was not advised of beforehand then the full cost will remain due for payment. PMI AIRSCAN may, at its sole discretion, offer a discount on a reshoot should one be scheduled.
 
7. Cancellation by You
7.1 Notice of cancellation by the Client must be received in writing by PMI AIRSCAN and the Notice is not valid until confirmed in writing by PMI AIRSCAN. Cancellation fees are payable according to the following schedule:
7.1.1 Prior to any or all payment being paid – Nil.
7.1.2 Following payment and more than 2 (two) days’ notice – 50% of the agreed fee less any payment already made.
7.1.3 Following payment and 2 (two) days or less notice – 100% of the agreed fee less any payment already made.
7.2 deleted
7.3 deleted
7.4 deleted
7.5 deleted
7.6 Notwithstanding the above schedule, if any costs have been incurred by PMI AIRSCAN following written instruction from you (for example, but not limited to an agreed Site Survey cost) these costs will remain due for payment in full.
 
8. Permission to conduct photography
8.1 Flight permission is generally granted within a day or so, however with UAV photography, 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 UAV equipment.
 
9. Photographic material supplied
9.1 Still photographic or video material will normally be shot on digital camera equipment and supplied as unedited RAW or low compression jpegs. Video material will normally be supplied as unedited rushes. As a minimum, you will need to put the video through stabilisation software during post-processing to obtain smooth footage. Images will be supplied on CD-ROM or DVD.
9.2 Retouching, digital manipulation and stitching of supplied images is available at an additional cost, when feasible. Whilst we will endeavour to provide an accurate colour rendition of the original scene, we cannot guarantee to match the colour perceived by the human eye. All original photographic material (i.e. negatives, high-resolution digital RAW/tiff files and/or Video) remains the property of PMI AIRSCAN.
9.3 Reorders, reprints and enlargements etc. from the original material can be supplied on request. Reorders will be treated as an extension to this contract and should include Image Reference Numbers and are required in writing. A written quotation will then be supplied. Finished materials are normally dispatched within 10 working days of completion of the location work.
 
10. Legal Reproduction Rights, Moral Rights and Copyright (Copyright, Designs and Patents Act 1988) and Property Misdescriptions Act 1991.
10.1 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 Us. 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.
10.2 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 PMI AIRSCAN. This will incur a negotiated Reproduction Fee.
10.3 Subject to Paragraphs
10.1 and
10.2, above, the following two exceptions do not need advance written permission from PMI AIRSCAN: -  i. 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.  ii. Newspaper Editorial Content for a news item about the Client provided that the text "Photograph (C) PMI Photos" 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 PMI Photo's Home Page (http://www.PMI-AirScan.co.uk/)
10.4 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.
10.5 Licencing
10.5.1 We grant You an exclusive licence to use the commissioned material as agreed in clause
10.1 for a period of 12 months from the date of delivery of the commissioned material from Us to You or from the date that full payment has been received by Us from You for the commissioned material, whichever is the later.
10.5.2 After the period of the licence as stated in Clause
10.5.1 has expired:
10.5.2.1 We grant You a non-exclusive licence to use the commissioned material in perpetuity and in agreement with Clauses
10.1,
10.2 and
10.3. and
10.5.2.2 You agree that We may use the images Ourselves and that We may also licence the images to third parties without reference to You.
 
11. Limitation of Liability, weather, Force Majeure, Act of God and Other constraints
11.1 As with any outdoor location photography, a successful outcome depends upon suitable weather conditions. A decision to photograph 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 PMI AIRSCAN in respect of the cancelled time. No refund will be made for any chargeable preparation work already carried out.
11.2 The UAV and camera weigh approximately 4Kg. Whilst the UAV has built-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 picture(s). We will endeavour to obtain the best quality pictures for the conditions and certain adjustments (such as skew to square up the image) can be made afterwards in post-processing. However, the images and video are not guaranteed to be steady and of broadcast standards (for instance).
11.3 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.
11.4 PMI AIRSCAN will always endeavour to complete its assignments by proposed completion dates. However, due to weather and other operational constraints, PMI AIRSCAN cannot guarantee completion on or by any specific date. It, therefore, cannot be held responsible for any missed publishing or other deadlines or any consequential costs involving the timing of the commission.
11.5 The completion of work may be subject to alteration or cancellation due to cause or causes beyond Our 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 Battery limitations mean that each flight will last a maximum of approximately 8 minutes. This will normally generate up to 6 minutes of photographically usable flight time. After this time, the UAV must descend for a battery change.
11.7 The quality (e.g. exposure and sharpness) of photographs taken after sunset (which require the camera to be relatively still at the point of exposure) cannot be guaranteed and usually will not be attempted. Images required to be taken into the sun will undoubtedly suffer, to some degree, from lens flare and other detrimental effects.
11.8 In exceptional circumstances, PMI AIRSCAN 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 PMI AIRSCAN will be limited to the total value of the contract with no liability accepted for indirect and/or consequential loss.
11.9 PMI AIRSCAN 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.
11.10 Whilst back-up copies of images are usually kept, PMI AIRSCAN accepts no responsibility nor liability for maintaining archive copies of photographic material after the work has been delivered to and accepted by the Client.
11.11 PMI AIRSCAN has all necessary insurances, including Public Liability Insurance, with an indemnity of up to 5 million pounds. 11.12 PMI AIRSCAN 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.
11.13 PMI AIRSCAN 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 out of or incidental to:
11.13.1 Any negligence on the part of Us or Our employees (except insofar as the same causes death or personal injury) or 11.13.2 Our performance of or failure to perform or breach of any of its express implied obligations under the Contract.
11.14 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.
11.15 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.
 
12. General Conditions
12.1 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.
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 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.
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 Deleted
12.7 These Conditions are stipulated by Us on Our own behalf and on behalf of all Our employees and agents and apply for the protection of all its employees and agents as for Us. The Customer undertakes not to sue or make any claim whatever against any employee or agent of Us 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.
12.8 The Customer acknowledges and agrees by placing orders with Us that:
12.8.1 This is a transaction into which both parties are freely entering.
12.8.2 There are clauses contained in these Conditions which exclude, limit or modify the liability of Us and Our employees and agents
12.9 All charges exclude VAT, which will be charged at the prevailing rate, and are subject to these Terms and Conditions
12.10 The Customer acknowledges that the Customer has read this Agreement and both understands and agrees with Us regarding all of the Terms and Conditions
 
13. Cookies
13.1. This Website uses Cookies. See here for a description of what a Cookie is. PMI uses them to track visitors - for example to see where visitors come from and therefore see which Marketing Campaigns are most effective. Third parties also use them on this website - to manage the Gallery and its shopping cart, for instance or to track an Order from the shop. They are innocuous (on this website, certainly) text files. Unless you have switched them off in your Browser, you will have hundreds from all the other the websites that you visit. This latest bit of Legislation says that PMIPhotos.co.uk has to ask each visitor whether you wish to accept cookies, thus generating an annoying pop-up until you tick something. Our policy is more simple:
13.2 We use cookies in various ways. If this makes you uncomfortable, then switch them off in your Browser (Google 'switching off cookies') or leave the website. We'd rather you didn't, but equally we don't want to annoy you with pop-ups. If you're comfortable with the use of Cookies whilst you are here, please continuing and enjoy the website. Nothing's changed except for another EU Directive created to comply with. This document was last amended on 19th September 2017   
 
  © 2013-2016 PMI Photos
 

Privacy Policy

GENERAL

PMI AirScan, together with its affiliated companies ("PMI AIRSCAN") respects the privacy of every individual who to use any of our services or purchases any goods from us. This Privacy Policy outlines the information PMI AIRSCAN may collect and how it may use that information.

USE OF PERSONAL DATA BY THIRD PARTIES

To enable us to better provide our services to you, we will engage third parties to process your personal information or share your personal data to our Customer Relationship Management (CRM) system, for processing, use and retention. By continuing to use our  services, access to our websites or purchase from us, you consent that your personal data will be used and maintained by us and other third party processors engaged by us. We will make our best efforts to ensure that such processing of your personal data, either by us directly other third party processors, are also in compliance with the applicable privacy laws.

Where PMI AIRSCAN restructures its business, PMI AIRSCAN or those acting on its behalf, will, as part of this process, transfer and/or share your personal information to another entity within PMI AIRSCAN in accordance with all applicable laws.

Personal information data may be stored and used to calculate charges, to monitor and review usage and to perform statistical analysis to enable us to understand who is using our websites and how it is being used. This information is used solely for our internal business purposes and will not be shared with or sold to any third parties.

We will not sell, rent, lease or make available your personal information, mailing lists or other customer data to others, and we will not make your personal information available to any unaffiliated parties, except as follows:

  • To agents and/or contractors who may use it on our behalf or in connection with their relationship with us (for example, we may use third parties to help us with promotional campaigns).
  • As required by law, in a matter of public safety or policy, as needed in connection with the transfer of our business assets (for example, if we are acquired by another company or if we are liquidated during bankruptcy proceedings), or if we believe in good faith that sharing the data is necessary to protect our rights or property.

We also rely on some of our affiliates for support of the products and services we offer, and we share some of our back-office functions with other third parties companies. Our affiliates are all required to preserve the confidentiality of any personal information they may access.

Also, please note that we may store and process your personal information in systems located outside of your home country. However, regardless of where storage and processing may occur, we take appropriate steps to ensure that your information is protected, consistent with the principles set forth under this Privacy Agreement.

COLLECTION OF PERSONAL DATA

If you want to interact with us via our websites or if you wish to register to access or use certain parts of our websites or other services or if you purchase any goods from us, we may ask you to provide us with some personal information.

When collecting your personal information, our staff will provide you with his name and job title so that you can identify who collects your personal information. If we collect your personal information via our websites or other non-personal interface, you will be provided means to contact us if you are in doubt in the process of collecting your personal information.

The personal information to be collected and used by us from you may include your name, gender, address, telephone numbers, email address, other contact details, occupation, and any other information which may help us to identify you, your demographical segment for our marketing and analysis purposes.

The personal information provided by you may be used by us to:

  • process, validate and purchase orders;
  • contact you when necessary;
  • send email notifications of new site, product, and/or services features, newsletters and topic updates;
  • understand users of our websites or services including their demographical and profile information; and monitor users' visits and generally collate aggregate site traffic information.

Unless you agree otherwise, your personal information will only be used by us to provide you with the products or services you have agreed and requested. Your personal information will be used by our sales and marketing team and customer services team for sales, marketing and customer services purposes. You agree that we will use the personal information provided by you to provide you with additional information about our products and services. By accessing and using our websites or using our services, you consent to the foregoing.

CHILDREN

PMI AIRSCAN has no intention of collecting any personal information from individuals under thirteen years of age. Where appropriate, PMI AIRSCAN will specifically instruct children not to submit such information on our websites and / or will take reasonable steps to ensure parental consent to such submission.

ADDITIONAL INFORMATION COLLECTED AUTOMATICALLY

In some cases, we may automatically (i.e., not via registration) collect technical information when you connect to our site that is not personally identifiable.  Examples of this type of information include the type of Internet Browser you are using, the type of computer operating system you are using and the domain name of the website from which you linked to our site.

Personal information may be released to legal or regulatory authorities in cases of suspected criminal activity, for the detection and prevention of crime, or when required to satisfy the legal or regulatory requirements of governments, regulatory authorities or other self-regulatory organizations. Other reasons for the release of personal information include when we are legally required to do so (e.g. by court order) or to protect our assets (e.g. collection of overdue accounts). If we release personal information for any of these reasons, we keep a record of what, when, why and to whom such information was released.

ACCESS TO YOUR INFORMATION

At any time you may ask us to

  • send you a copy of your personal information which we retain;
  • remove your personal information from our records; and/or
  • correct or update any of your personal information in our database.

Marketing opt-in and opt-out provision

When you register, you will be given the option of opt-out of subscribing to our regular updates service. We will send you e-mail alerts for new products, features, enhancements, special offers, contests, events of interest, and marketing promotions. Such alerts may include marketing information about PMI AIRSCAN or selected business partners.

We do not sell or otherwise pass your details to third parties. Marketing communications you subscribe to will only be sent by PMI AIRSCAN. At all times, we will offer you the opportunity to unsubscribe out of any service or update to which you have subscribed, if you change your mind. Any e-mail we send you will contain an easy automated unsubscribe link so that you can opt-out of that subscription. Simply follow the indications in the e-mail.

CREDIT CARD INFORMATION

If you purchase a product or service via our websites or from other channels, you may provide us with your credit card details. These details will only be used to process your purchase.  We will not disclose your credit card details to any third parties unless such disclosure is necessary for processing the payment or ordered by legal or regulatory authorities.

COOKIES

When you view one of our websites, we may store some information on your computer.  This information will be in the form of a "Cookie" or similar file and can help us in many ways.  For example, Cookies allow us to tailor a website to better match your interest and preferences.  With most Internet Browsers, you can erase Cookies from your computer hard drive, block all Cookies or receive a warning before a Cookie is stored.  Please refer to your Browser instructions or help screen to learn more about these functions.

CHANGES TO THIS PRIVACY AGREEMENT

PMI AIRSCAN reserves the right to amend, change or modify this Privacy Agreement at any time without prior notice to you or your consent and such amendment, changes or modification shall be effective immediately upon either posting on our websites or notifying you as the case may be.

COMPLAINTS

PMI AIRSCAN is committed to working with you to resolve, quickly and fairly any complaints you may have about privacy. If you have any questions or comments please contact us through one of the methods set out in the “Contact Details” section below.

SECURITY

Our websites have security measures in place to protect the loss, misuse and alteration of the information under our control. In addition to this, we have privacy policies and security measures in place to protect our customer database and access to this is restricted internally.

DISCLAIMERS AND LIMITATION OF LIABILITY'

We endeavour to ensure proper collection, use and retention of your personal information. However, in no event shall we be liable for any loss or damages including without limitation, indirect or consequential loss or damages, or any loss or damages whatsoever arising from or in connection with the collection, use and retention of personal information unless we are in material breach of or gross negligence in our obligations under this Privacy Agreement or in breach of any privacy laws applicable.

LAW AND DISPUTE RESOLUTION

Any dispute arising from, or in connection with the Agreement shall be first settled through friendly negotiation by both Parties. In case no settlement to disputes can be reached through amicable negotiation by both Parties, the disputes shall then be submitted to China International Economic and Trade Arbitration Commission for arbitration in accordance with its arbitration rules in force at the time of application for arbitration. The arbitration shall proceed in Shenzhen, P.R. China. The arbitral award is final and binding upon both Parties. The arbitration fees shall be borne by the losing party except otherwise awarded by the arbitration commission.

CONTACT DETAILS

For any enquiries, please contact us as follows:

PMI AIRSCAN Headquarters

Sales      This email address is being protected from spambots. You need JavaScript enabled to view it.

Marketing           This email address is being protected from spambots. You need JavaScript enabled to view it.

Press Release    This email address is being protected from spambots. You need JavaScript enabled to view it.

For Other Inquiries          This email address is being protected from spambots. You need JavaScript enabled to view it.

Tel          


Office hours       Monday to Friday, 9:00AM to 5:00PM