ART. 2 – TERMS OF SERVICE
GENERAL OBLIGATIONS OF THE PARTIES
The client undertakes to provide the data and information deemed useful, by the service provider, for the execution of the contract, within the established terms. TRIDERLAND undertakes to provide the client with a range of specific skills in terms of aerial photography and video editing. TRIDERLAND undertakes to respect the confidentiality of the project and the professional secrecy of what it has been able to see or hear in relation to the client.
The service is performed by the telepilot designated by the service provider. The telepilot is the sole judge of the feasibility of providing the service. If, due to meteorological reasons (high wind, bad weather, night, …), safety reasons (overflight of people or animals, distance of the UAV from its remote pilot [depending on the scenario], …, the provision of services cannot be carried out, the Customer cannot in any case claim breach of contract. If the conditions are not met for the performance of the service in accordance with the legislation in force, both parties shall agree on a later date for execution, taking into account the requirements of the terms of the flight request. If the service cannot be postponed at a later date, only the deposit shall be collected by the service provider.
In the event that the Client and/or its representatives wish to be close to the operators to check the images, they (Client and/or its representatives) are required to sign an “Information Certificate Form for all persons outside the operation who are within 30 meters of the remotely piloted aircraft and who have a connection to the activity” prior to their presence in the security area set up by TRIDERLAND for the provision of services. If, for the needs of the image, depending on the client’s requirements, actors or extras must be at a horizontal distance of less than 30 meters from the UAV, they must have signed a form acknowledging the conditions, rules and hazards prior to the start of filming. The client is responsible for ensuring all risks and all direct or indirect damages that may affect all such equipment and facilities and declares that it is and will be, for the duration of this contract, covered by all insurance policies in accordance with customary practice.
The reservation of an air service implies the payment of the indicated price.
Payment can be made on the day of the service, but TRIDERLAND reserves the right to request a deposit of 50% of the service to be paid at the time of booking, or at the latest within 3 days of the booking.
Any reservation not followed by the payment of the deposit at the latest 10 days before the beginning of the service will automatically result in the cancellation of the contract.
Payment can be made by bank transfer or cash. TRIDERLAND reserves the right to refuse cheques. TRIDERLAND does not accept credit card payments.
SERVICE CANCELLATION AND REFUND
Cancellation of a service must be made via email to the following address: email@example.com at least 10 days prior to the start of the service. Any order accepted and cancelled without 10 days notice prior to the execution of the ordered project will be billed at 100%. Cancellation of a service with 10 days’ notice prior to the execution of the assignment does not entitle the customer to a refund of the deposit, and the service will be rescheduled to a later date, or refunded.
PRICE OF THE SERVICE
The prices of the services sold are those of the price list in force on the day the order is accepted. They are quoted in euros and are calculated net of taxes. TRIDERLAND reserves the right to change its prices at any time. However, TRIDERLAND undertakes to invoice the services ordered at the prices indicated at the time the order is placed. The price, corresponding to the services covered by this contract, is detailed in an estimate provided to the client. This quote will become an order form when the customer returns it signed with the words “Good for Agreement”. The price is expressed before VAT, VAT not being applicable, in accordance with article 293-B of the CGI.
Any quote marked “read and approved”, or any document indicating an acceptance of a TRIDERLAND quote shall be considered firm and final when received by TRIDERLAND.
TRIDERLAND retains ownership of the goods sold until full payment of the price. As such, if the Buyer is subject to receivership or liquidation, TRIDERLAND reserves the right to claim the goods sold and remaining unpaid in a collective procedure. The products sold, the objects to be delivered or the digital files resulting from a service shall remain the property of the Seller until full payment of their price, in accordance with this retention of title clause. If the customer does not pay all or part of the agreed price within eight (8) days from the date of submission by registered letter with acknowledgment of receipt indicating the aforementioned defect and serving as a formal notice to remedy it within the same period, the order and all orders being executed will be cancelled by operation of law. The photos or videos taken by TRIDERLAND will probably appear on the official website “www.triderland.com” unless the client has written permission not to distribute his images before the service.
In the case of aerial photography and/or editing, the client has 10 working days to inform us of any changes planned from the delivery of the files related to the execution of the service. After this period and without any return from the client, the project will be considered as validated and will be invoiced according to the conditions established in the contract.
DELIVERY TIMES AND METHODS
The delivery of the service, i.e. the image or video files, will be made to the Customer either on a USB key or sent directly from the server via Internet within 3 weeks. Depending on the services ordered, the Client will take possession of the produced images within and no later than 21 days from the date of production. TRIDERLAND assumes a simple obligation of means with respect to compliance with the delivery time. The delivery time indicated when registering the order is given only as an indication and is in no way guaranteed. However, any delays attributable to TRIDERLAND shall not entitle the client to cancel or refuse the design and execution of the project or the services indicated in the commercial documents and shall not entitle the client to claim damages. The delivery of the project or services indicated in the commercial documents may only take place if the client is up-to-date on its obligations towards TRIDERLAND.
The service provider agrees to store the client’s files used for editing its audiovisual production for a period of one month from the date of invoicing the project. Beyond this period, or upon due delivery, the files will be destroyed. However, the client may request their recovery by written request, the costs of making them available being charged to the client.