Terms & Conditions

1 - Introduction
The following terms and conditions of business apply to all Hicam Ltd services and products unless otherwise specifically agreed in writing. These terms and conditions may vary from time to time and Hicam Ltd reserves the right to amend this agreement. Any amendments will be posted on Hicam's web site.

2 - Quotations
Written quotations are valid for 30 days and will be supplied for all photographic assignments on receipt of a clear written brief from the Client.

A written brief is required to ensure that the photographic objectives are well defined and clear to both the Client and Hicam Ltd . The brief will need to include the full postal address with postcode and contact phone numbers, where applicable maps and site plans, access issues or permissions required. The brief will also need to identify any specific requirements.

The quotation and fee will be inclusive of preparatory work, provision of any written documentation, permissions required (such as the Civil Aviation Authority, Police, relevant landowners etc.), accommodation (where necessary), travel, post production processing and delivery of materials.

If a prior site survey is required to the quotation this will be agreed in advance and may be invoiced separately.

Photographic material will normally be supplied as digital low compression JPG files on a CD and selected A4 prints. Video material will normally be supplied as an unedited rushes on DVD. Full editing, retouching, digital manipulation and stitching of supplied images is available at an additional cost.

Hicam Ltd will make every effort to provide an accurate image of the subject(s), we cannot guarantee to match the colour perceived by the human eye.

Reprints and enlargements etc can be supplied promptly at an additional cost on written request. Finished photographic materials are normally dispatched to the client within 5 - 10 working days from completion of the location work. Hicam Ltd will endeavour to work to any urgent deadlines, but these need to agreed with Hicam Ltd.

Hicam Ltd reserves the right to reject any commission.

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.

3 - Payments and Cancellations:
A completed Commissioning Agreement form with a deposit of approximately 50%, is required to confirm an order and prior to the commencement of the work. The balance is due within 14 days of the invoice date (which will be the date when finished materials are despatched).

For large projects where the work required is to be done in phases, the quotation will specify a schedule for interim payments following each phase.

Hicam Ltd reserves the right to add statutory Late Payment Interest (Base Rate + 8%) to overdue accounts [Late Payment of Commercial Debts (Interest) Act 1998]. Hicam Ltd retains all rights in photographic material supplied until payment is received in full. Notice of cancellation by the Client must be received in writing at least 14 days prior to any planned assignment date to avoid a possible loss of deposit or part of deposit.

Prior to a deposit being paid, a cancellation may incur a charge to recover expenses if any preparatory work has been undertaken on behalf of the Client.

4 - Permission Required to Conduct Aerial Photography:
Hicam will liase with the client to obtain all appropriate permission to conduct aerial photography. In certain circumstances approval is required from the Civil Aviation Authority, local Police, other authorities and relevant landowners. The CAA may require up to 28 days written notice of intention to fly and in some circumstances such as operating within 5 kilometres or more from Controlled Airspace other conditions may be applied.

All work is subject to obtaining suitable permitted and legal access from which to safely operate. Hicam Ltd has the right make the final judgment on whether the site is suitable and safe for the photographic commission and will detail the reasons in writing.

If necessary access is not available when Hicam Ltd arrives on site, you shall be liable for the full cost of the commission.

5 - Copyright and reproduction rights (Copyright, Designs and Patents Act, 1998)
Full personal reproduction rights of the commissioned material supplied passes to the Client upon full settlement of the final invoice. This allows reproduction for all legal uses, excluding merchandising, for which there will be an additional fee.

Written permission from Hicam is required for use of the images by any third party, not directly on the Client's behalf, and will incur a negotiated Reproduction Fee. Moral rights will always be required in that the name of the author of photographs (ie Hicam Ltd), commissioned or otherwise, is suitably credited whenever the image is published or displayed.

Hicam Ltd retains copyright of all photographic images supplied and reserves the right to use any of the images for photographic library and other uses.

The Property Misdescriptions Act 1991. Hicam Ltd will not alter our images to deliberately mislead..

6 - Limitation of Liability - Weather, Force Majeure, Act of God and other constraints.
Constraints As with any location photography, a successful assignment is dependent upon suitable weather conditions and for them to be forecast accurately. Hicam Ltd refers directly to The Met Office to provide detailed short and medium range forecasts, but accuracy for forecasts over 24 hours ahead is limited.

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 reason why the work could not be completed due to Hicam’s fault, there will be no additional charge to the Client for a return visit to complete the work.

If the work could not be completed due to Client reasons (eg Client’s request to try despite marginal weather conditions, lack of access or unscheduled site activity etc), the Client may be charged to recover costs and time.

Hicam Ltd will always endeavour to complete its assignments by any proposed completion dates. However, due to weather and other constraints, Hicam Ltd cannot guarantee completion by any specific dates. It, therefore, cannot be held responsible for any missed publishing or other deadlines or any other consequences involving the timing of the commission. The completion of work is subject to alteration and cancellation due to any causes beyond our control.

On occasions specific shots included in the brief and quoted to be undertaken, may not be possible on the day for operational reasons. Where this occurs Hicam Ltd will attempt to provide the best possible alternative shots and these will be deemed to fulfil the contract.

When on site, should the amount of work quoted (eg number of shots and heights etc) to be done, exceed what is possible due to operational conditions within the quoted time, then work will be prioritised to ensure the most important shots are achieved. If completion of the work requires additional time, and with agreement of the Client, the subsequent day rate will be charged at 50% of the original day rate.

The environmental conditions can effect the quality (eg exposure and sharpness) of photographs. For example shots taken in misty or low light conditions. Images required to be taken in a southerly direction (south east in the morning and south west in the afternoon) (into the sun), will undoubtedly suffer, to some degree, from lens flare and other detrimental effects.

Hicam Ltd reserves the right to sub-contract the work to another suitably qualified aerial photographer and this will be deemed to fulfil the contract. In exceptional circumstances, Hicam Ltd 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 except any other liability.

In any event, the liability of Hicam Ltd will be limited to the total value of the contract with no liability accepted for indirect and/or consequential loss. Hicam Ltd 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.

Hicam Ltd retains a backup of all work but accepts no responsibility and liability for maintaining archive copies of photographic material after the work has been delivered to and accepted by the Client.

Hicam Ltd has all necessary insurances, including Public Liability Insurance, with an indemnity of up to five million pounds.

7 - Terms & Conditions
These are our standard product / service terms and conditions which, will be applied for Hicam Ltd’s aerial photography.

From time to time certain projects will require variations in these terms & conditions which, will be agreed to in writing prior to any work commencing.

Please contact Hicam Ltd if you require any further information.

8 – Governing Law
These Terms and Conditions shall be governed by and construed in accordance with the law of England and you hereby submit to the exclusive jurisdiction of the English courts.