Terms & Conditions Drone Hire Adelaide PTY LTD (DHA)
Acceptance of Terms (Website)
If you continue to use this website or any of our services, you agree to comply with and be bound by the following terms and conditions of use, which, together with our privacy policy, govern DHA’s relationship with you about this website and our services. Please do not use our website or services if you disagree with these terms and conditions.
DHA is a trading name of Drone Hire Australia Group PTY LTD. Our company ABN number is 36 643 676 180 ACN 643 676 180, and our registered address is 7 Star Avenue Dudley Park, Adelaide, 5008 SA. The term ‘you’ refers to the user or viewer of our website or services.
1. Interpretations
These terms and conditions form part of the hire agreement and services (defined below). In these terms and Conditions, the following definitions shall apply:
(a) Drone Hire Australia shall mean DHA
(b) “the client” shall mean the person(s), firm, or company hiring the Equipment and the operatives to perform the services
(c) “the Equipment” shall mean the Equipment specified on the Hire Agreement;
(d) “The Service Agreement” means the Client’s offer to receive Services and DHA’s subsequent acceptance of that offer, or the Client’s acceptance of a valid Quote from DHA;
(e) “Hire Period” means the period from when the Equipment leaves DHA’s premises until the safe return of the Equipment to the premises or such other location elected by DHA;
(f) “Intellectual Property Rights” means all patents and rights in inventions, copyright, trademarks, code, algorithms, business and domain names, goodwill, designs, rights in software, database right, rights in confidential information (including know-how and trade secrets), images, videos, and any other data collected, processed or analysed in any format by DHA, intellectual property rights, whether registered or unregistered and all similar or equivalent rights or protection;
(g) “The Operatives” shall mean the DHA personnel operating the Equipment;
(h) “the Parties” means DHA and the Client, each a “Party”;
(i) “the Quote” means the document issued by DHA setting out the details of the Services, the responsibilities for the provision of the Services, the estimated timetable for the Services, and the cost of the Services;
(j) “the Services” shall mean the services to be provided by DHA to the Client, as specified in the Hire Agreement.
2. The contract
2.1 This Hire Agreement is made between the Parties, based on these Terms and Conditions and the terms set out in DHA offer acceptance or the Quote. If DHA offers acceptance or Quote contradicts any provision of these Terms and Conditions, such offer acceptance or Quote shall prevail.
2.2 These Terms and Conditions prevail over any other terms or conditions referred to in the Client’s order (or another offer by the Client to purchase the Services from DHA) and supersede all previous written or oral agreements or contracts concerning the Services. No agreement for the provision of services by DHA shall be established otherwise based on these Terms and Conditions.
2.3 All oral communication between DHA and the Client relating to the Services or Hire Agreement shall be confirmed in writing within two working days by the Client. DHA shall not be liable for the consequences of any inaccuracies or misunderstandings caused by the Client failing to confirm the order in writing or the correspondence being lost in the post.
3. DHA obligations
3.1 DHA shall use reasonable endeavors to manage and complete the Services in accordance in all material respects with the scope of the Services.
3.2 DHA shall use reasonable endeavors to ensure that the Equipment and Operatives shall arrive at a time and place mutually agreed between the Client and DHA. DHA will endeavor to comply with any agreed performance schedules but will accept no liability for failing to do so in circumstances beyond its control.
3.3 DHA shall use reasonable endeavors to ensure the Equipment is operated by the Operatives in a professional and safe manner.
3.4 DHA and the Operatives will follow any reasonable instructions issued by the Client when carrying out the Services. Such instructions may result in extra charges to the Client if they result in the work, Equipment, or time required being in excess of the strict scope of the Services.
4. Client’s obligations
4.1 It is the responsibility of the Client to ensure that the Services are suitable for the purpose for which DHA is engaged. In doing so, the Client is not entitled to rely on any advice or recommendations from DHA as DHA will not have knowledge of all the relevant factors.
4.2 The Client shall co-operate with DHA in all matters relating to the Services. Without limitation to the foregoing, the Client shall, at its own cost:
(a) provide instructions in good time and upon request;
(b) keep safe the Equipment in the Client’s control;
(c) inform DHA of all unusual and non-English laws or regulations to which DHA (including the Equipment and Operatives) should abide in the performance of any part of the Service, and (d) hold harmless and indemnify DHA against any liability, loss, damage, cost, expense or other claim resulting from the provision of the Services; and
(e) keep and maintain safe the Operatives, and do so in a manner no less advantageous than the Client keeps and maintains its personnel;
(f) supply DHA and the Operatives with all facilities and tools (other than the Equipment) which conform to relevant AU standards to allow the proper and safe performance of the Services;
(g) If agreed, the Client is to provide the Operatives with accommodation, medical facilities, travel services, and such other facilities as are reasonable and approved by the Parties;
(h) keep and maintain adequate insurances to ensure that the Client can indemnify DHA (and cover itself) in respect of all risks to which the Operatives may be exposed during the period in which the Services are provided (copies of such insurance policies to be delivered to DHA on request);
(i) ensure that all licenses, permissions, and accesses required to perform the Services are obtained in good time in advance of the time for performance of the relevant part of the Services; and
(j) maintain adequate insurance policies in respect of all Client liabilities that may arise under the Hire Agreement.
The Customer recognises that like aspects of the Services are creative services, they may be open to creative interpretation, and that DHA cannot guarantee the outcome of the Services or the performance of the Equipment. As such, the Customer’s rights to reject the Services or Equipment based on non-satisfaction shall be restricted.
. Service charges and payments
5.1 The Client shall pay DHA the fees, and other amounts as outlined and agreed in the Hire Agreement. Unless specified as being for a fixed price, the Services will be charged on a time and materials basis calculated on the basis of Team DHA’s standard rates from time to time (details available upon request) in addition to the reasonable costs and expenses associated with the Services (for example, travel costs). Any work carried out beyond the strict scope of the Services will be charged on this time and materials basis.
5.2 DHA reserves the right to amend any quotation or fixed price should either a site survey or prevailing weather conditions or consent of any event location owners require additional Equipment and/or time and/or Operatives to ensure the safe and professional operation of the Services. DHA Crew Will be compensated for downtime on project sites if the operators are hindered by weather or logistical reasons. An agreed stand-by rate is paid daily and agreed to before the contract. Operators can choose to leave the project and return if continued bad weather is scheduled for more than 48 hours.
5.3 DHA pricing is based on hire and service charges calculated on 12-hour periods; all hire, Service, and other charges will be calculated on this base unless previously agreed in writing.
5.4 Upon DHA being satisfied that the Services have been completed (or in advance of this at the DHA option), DHA will issue an invoice, or invoices, to the Client for the fees then due. The Client will make payment for all sums due under an invoice in total, and in cleared funds, in the method set out on the invoice, within 30 days from the date the relevant invoice is raised.
5.5 Any amount due to DHA 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 National Australia Bank until the full amount has been paid. Such interest charges will be compounded at the end of each month.
5.6 DHA may deduct the amount of deposit (if any has been paid to DHA) specified in the Hire Agreement from the final invoice(s) to the extent that such deposit remains unused.
5.7 If the Client no longer wishes to receive the Services (or any part of the Services), DHA reserves the right to charge a cancellation fee not exceeding the total amount that would have been paid to DHA under the Hire Agreement had the Services been completed.
5.8 The Client shall procure that upon request from DHA, the Client’s director(s) enter into separate guarantees with DHA whereby they irrevocably and unconditionally guarantee to DHA the due and punctual performance of the Client’s obligations under the Hire Agreement. In addition, if the Client defaults in payment of any sum or sums payable to DHA under the Hire Agreement for a period of more than 90 days from the invoice date, the director(s) of the Client will, upon written request from DHA, pay a such sum or sums as may be outstanding under the Hire 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.
6. Intellectual Property Rights, Proprietary Rights, and Publicity
6.1 The Equipment, all Intellectual Property Rights in the Equipment, and all Intellectual Property Rights associated with the Services shall ensure to and remain at all times the sole property of DHA. The Client shall have no right, title, or interest in such proprietary rights, except those explicitly granted by DHA in this Hire Agreement.
6.2 Each Party may publicise the customer-supplier relationship between the Parties. In doing so, reasonable use may be made of the other Party’s name and trademarks, provided that the goodwill in the associated Intellectual Property Rights is not prejudiced.
7. Limitation of Liability – PLEASE READ THIS CLAUSE
7.1 To the full extent permitted by law, DHA total liability arising from, or related to, the Services agreement shall be limited to the lower of: the total price paid for the Services at the time of the act or omission giving rise to liability.
7.2 To the full extent permitted by law, DHA shall not in any circumstances be liable to the Client or any third party for any claims in respect of loss of profits, special damages, or any consequential loss whatsoever, or be under any liability for loss or damage to any persons or property howsoever caused whether arising directly or indirectly from the Services or rental or use of the Equipment by the Client.
7.3 To the full extent permitted by law, DHA shall not be liable or responsible for the loss or damage of any material (for example, video footage, images, data, or production samples) that the Client decides to use, or allows to be used, in connection with the Services. Furthermore, it remains the Client’s responsibility to ensure that, if possible, appropriate backup copies of such materials are safely maintained.
8. Sub-contracting
DHA reserve the right to subcontract all or any part of the Services and to assign or otherwise deal with in any way whatsoever the interest of DHA in the Equipment and the Operatives under the Hire Agreement.
10. Termination
10.1 This Service Agreement shall expire upon the latter of the Services being completed., and DHA giving notice to the Client of such.
10.2 DHA may terminate the Hire Agreement on written notice to the Client in the following circumstances:
(a) the Client fails to pay any sums due under an invoice within 30 days from the invoice’s date;
(b) the Client fails to observe, or is in breach of, any of the terms of the Hire Agreement;
(c) the Client becomes bankrupt, insolvent, unable to pay its debts as they fall due, has a receiver appointed over some or all of its assets, or suffers an analogous event.
11. Interruption or delay
11.1 DHA shall have no liability to the Client if it is prevented or delayed in performing the Services or from carrying on its business by acts, events, omissions, or accidents beyond its reasonable control (including force majeure events and labour disputes). Following cessation of such a delay, DHA will promptly recommence the performance of the Services. If DHA is unable to carry out the task on the day that the Agreement is made and the Client or parties relating to the Client are at fault, or if the required access cannot be obtained, the Client agrees to pay DHA the no-fly day rate of $500 as well as additional travel, accommodation and expense charges relating to the delay. If the delay prevents the works from continuing, then the Client agrees to pay DHA the original quotation cost plus the additional fees for the delay and all travel, expenses, and accommodation charges relating to the delay.
12. General
12.1 Any changes made to the Hire Agreement must be agreed upon in writing to have an effect. Such changes shall not affect the rights of DHA under these Terms and Conditions unless explicitly stated otherwise.
12.2 All invoices, notices, demands, or any communication from DHA to the Client shall be regarded as having been properly delivered to the Client if posted by first class post or emailed or faxed, or left at the address of the Client stated on this Agreement and shall be deemed to have been delivered the day after dispatch.
12.3 If any provision (or part of a provision) of the Hire Agreement is found by any court or body of competent jurisdiction to be invalid, unenforceable, or illegal, the remainder of the provisions will remain in force. In such circumstances, the Parties will substitute for any such provision a valid, enforceable, and legal provision that achieves so far as possible the same effect as would have been achieved by the invalid or unenforceable provision.
12.4 Each of the Parties acknowledges and agrees that in entering into the Hire Agreement, it does not rely on any statement or representation relating to the subject matter of the Hire Agreement other than as expressly set out in the Hire Agreement or a document referred to therein.
12.5 The Client shall not, and DHA may assign, or deal in any similar manner with, all or any of its rights or obligations under the Hire Agreement.
12.6 The Hire Agreement is for the benefit of the Parties (and, where applicable, their successors and permitted assigns) and is not intended to benefit, or be enforceable by, anyone else, whether under the Contracts.
13. Privacy Policy
13.1 We do not share customer credit card details, nor do we share customer details with 3rd parties.
Any client data held is stored securely on encrypted hardware at our head office and is only accessible by DHA management.
14. Flight rules
DHA is subject to the rules and regulations imposed by the Civil Aviation Authority. Specific regulations regarding Unmanned Aircraft Operations in Australian Airspace apply to all flights undertaken. In the interests of flight safety and on behalf of DHA, the pilot of the Unmanned Aerial Vehicle is the sole judge as to which rules and regulations are applicable.
15. Weather
If cancellation or early termination of flights due to weather, DHA will endeavor to re-assign bookings to a day/s of suitable climate, subject to Unmanned Aerial Vehicle and crew availability. Whilst DHA will attempt to advise of the likelihood of unsuitable weather, DHA accepts no responsibility, whether consequential or otherwise, for delays or cancellations due to weather. When a booking is agreed upon between DHA and the Customer, DHA reserves the right to charge for (i) a no-fly day rate which is detailed on the specific rate card (details of which can be made available on request), and (ii) costs already incurred on behalf of the Customer. This right, unless another written Agreement is reached at the time of booking, is regardless of whether weather conditions permit the proposed operation. The pilot alone shall decide on the suitability of the weather for a safe flight for any process.
16. Operations by fixed price
The quotation provides an all-inclusive price for a specific service of Unmanned Aerial Vehicle operations, availability, flying time, and ancillary costs. Any additional availability, flight, or expenses incurred due to the Customer changing the requirements from that quoted will be subject to an additional charge. Reduced requirements will not necessarily be subject to a reduced cost, which will, in any case, be solely at the discretion of DHA.
17. GST
GST will be charged at the prevailing rate as quoted.
18. Cancellation by Customer
Confirmed bookings canceled either wholly or in part will be subject to cancellation fees at the following scale of charges:
Cancellation Notice
More than 5 days
Between 5 days and 72 hours
Less than 72 hours
19. Payment
Non-account customers are required to make payment in full at confirmation of booking. Until such payment is received, bookings will not have a CONFIRMED status. All bookings will be subject to a 50% deposit. Full payment will then be required seven days prior to the flight.
