TERMS AND CONDITIONS

 

Please read our terms and conditions section carefully.  By using our services you indicate acceptance of these terms and conditions.

 

 

Aerial Photo, Video and Imagery Ownership and Use

 

The ownership of the Work (i.e. aerial photos, videos and aerial mapping/survey imagery) shall remain the property of JZAerial Inc.  JZAerial Inc. reserves all rights to the Work, including, but not limited to, the right of reproduction, modification, public distribution, and public display.

 

Except as specifically permitted in our client agreements, the Client undertakes not to copy, distribute, transmit, re-transmit, re-publish, broadcast, modify, or show in public any part of our Work without the express, written consent of JZAerial Inc.  All approved reproductions shall bear the following copyright notice: “Copyright © JZAerial Inc. 20XX. All rights reserved.”

 

In using JZAerial Inc.’s services the Client agrees not to adapt, alter or create a derivative work from any content provided to them, whether by adding or removing material from the Work, without express, written consent of JZAerial Inc.

 

Removal of Branding

All JZAerial Inc. media published on YouTube or any alternate social media avenues or websites operated by JZAerial Inc. and its officers, employees, or contractors for the purpose of marketing and promotion is subject to being branded by the company.  As such, all residential and commercial video projects are tagged with JZAerial Inc. branding.  This branding can, however, be requested for removal for a fee of 25% of the total cost of the project.

 

Requests for removal of JZAerial Inc. branding from photographs will be subject to a removal fee of 25% of the total cost of the project.

 

Usage Rights

Upon payment in full, JZAerial Inc. grants the Client the following usage rights in the Work for a period of 18 months from the date of full payment for the Work:

For use on the Client’s website, social media pages, any property listing websites, print media, and on other promotional materials specifically targeted towards marketing of the said aerial photo(s), video(s) or aerial mapping/survey imagery.  The Client will need JZAerial Inc.’s prior written permission if they wish to use any content from JZAerial Inc.’s Work for any other reason.  Additional licensing fees may apply based on the purpose and usage.

If the Client wishes to use the Work beyond the 18-month usage period from the date of the full payment for the Work, a fee in the amount of 50% of the original price of the Work will be charged to extend the usage rights another 12 months.

The Client may not resell the photos, videos or aerial mapping/survey imagery, alone or in combination with any other material.

 

 

Delivery Terms

 

JZAerial Inc. agrees to deliver the final products as follows:

 

Aerial photos and unprocessed aerial videos for residential and commercial real estate properties:  Within 2 business days from the session date.

 

Processed videos for residential and commercial real estate properties:  Within 5 business days.  Please note that for custom video projects the delivery times might extend beyond our typical turnaround time.

 

Mapping and survey aerial imagery:  Same day if real-time image processing is requested; within 2 business days otherwise.  Please note that for large area mapping and survey projects the delivery times of the processed aerial imagery might extend beyond our typical turnaround time.

 

 

 

Payment Terms

 

The Customer shall pay JZAerial Inc. any undisputed amounts owing within 30 days of the Customer’s receipt of JZAerial Inc.’s correct, conforming and uncontested invoice.  Payments by cheque, Interac e-Transfer or PayPal are accepted.  Interest of 2% per month (annual rate of 24%) will be charged on all outstanding balances over 30 days.

 

 

Cancellation Terms

 

The Client may cancel scheduled work by providing a notice of cancellation in writing (by email) or by phone at least 48 hours prior to the scheduled commencement of work.  There will be an $85 fee or 20% of the total price of the project, whichever is greater (including all travel costs if applicable), applied to cancellations made less than 24 hours prior to the previously agreed-upon project start time.

 

Liability of the Work

In the unlikely event that some or all of the photographs, videos, survey/mapping imagery or other works fail to materialize, or there is a total photo or video capture failure due to reasons beyond JZAerial Inc.’s control, the liability of JZAerial Inc. will be limited to the refund of all monies paid.  If the final product has been delivered to the Client for a period of 30 days, JZAerial Inc. carries no responsibility for the loss of such material from our archive drives.  JZAerial Inc. shall not be liable for any indirect or consequential losses.  In any event, the limit of JZAerial Inc.’s liability shall not exceed the agreed upon project price.

 

 

Weather

 

As with any outdoor aerial data collection, a successful outcome is dependent upon suitable weather conditions and for these to be forecast accurately. A decision to photograph, video or collect aerial imagery data on a particular day is normally delayed to the last practical moment to maximize the chance of favorable weather conditions.

Should the weather on the day of the planned Work not be as forecast and some or all of the Work need to be postponed, JZAerial Inc. will reschedule the Work at no additional cost to the Client.

JZAerial Inc. will always endeavor to complete the Work by the proposed completion date(s). However, due to factors beyond our control, such as inclement weather or unforeseen operational constraints, JZAerial Inc. cannot guarantee completion on or by any specific date or time.  JZAerial Inc., therefore, cannot be held responsible for any missed deadlines, or any consequences involving the timing of the Work.  The completion of the Work is subject to alteration or cancellation due to any cause(s) beyond JZAerial Inc.‘s control.

 

 

Miscellaneous

 

JZAerial Inc. reserves the right to refuse service to any Client.

 

Down times for unprepared properties will be billed at $150 per hour. (Billed in 15-minute increments).  Unprepared properties can mean leaving undesirable items on the property for the purpose of the photo or video shoot that will need to be stored or hidden from view for best photo/video results (e.g. garden hoses, vehicles in driveway, children’s toys in yard, etc.)

 

For aerial survey and mapping Work, JZAerial Inc. shall use its best efforts to capture the imagery in uniform lighting conditions (sunny skies or uniform overcast skies) for best results. However, given the sometimes rapidly changing weather conditions in the areas where JZAerial Inc. will be working, JZAerial Inc. cannot guarantee that 100% of the area captured will be free of all cloud shadows.

Prices are subject to change without notice.  Please contact us for an updated price list.

There will be a maximum of one set of edit requests per video production (if applicable).  Commercial video projects may have a maximum of three edit requests (if applicable). Additional edit requests will be charged at $150/h (minimum 1 hour).