General Terms and Conditions of Sale of Drone Services

TRIDERLAND
Microentreprise managed by Simone Timpano with n. SIRET 838 248 094 00016
Head office: 18 rue Charles Cros, 34110 Frontignan
Phone number: +33 (0)6 98 29 25 28
E-mail address triderland@gmail.com;

ART. 1 – OBJECT:

The following general terms and conditions of sale apply to all drone services offered by TRIDERLAND, intended for consumers or professionals.
Any service provided by Triderland therefore implies the unreserved acceptance of these general terms and conditions of sale by the purchaser.

The conditions are applicable to all purchases from January 2021.

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 SERVICES
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.

SERVICE PAYMENT
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: triderland@gmail.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.

QUOTE
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.

OWNERSHIP RIGHTS
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.

PROJECT VALIDATION
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.

FILES STORAGE
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.

ART. 3 – RESPONSABILITY

OBLIGATIONS
TRIDERLAND is responsible only for an obligation of means. The original digital files and negatives of TRIDERLAND are stored under the best security conditions, however, TRIDERLAND may refuse a new order in the exceptional event of unintentional destruction or alteration of a negative or digital file. TRIDERLAND agrees to retain and provide its clients with a copy of the original digital files or negatives for a maximum period of six (6) months, after which time the client becomes solely responsible for the preservation of its data.

LIMITATIONS
The indemnity owed by TRIDERLAND in the event of a failure resulting from a defect ascertained against it shall correspond to the direct, personal and certain prejudice related to the failure in question, with the express exclusion of any indirect prejudice such as, in particular, commercial prejudice, loss of business, damage to brand image, any commercial disorder, loss of profits or loss of customers. In any event, the amount of damages and interest that might be charged to TRIDERLAND if its liability were engaged shall be limited to the amount of the sums actually paid by the client to TRIDERLAND for the product or service in question or invoiced to the client by TRIDERLAND or to the amount of the sums corresponding to the price of the service, for the part of the product or service for which TRIDERLAND’s liability has been retained. The lower of these amounts shall be taken into account.

ART. 4 – JURISDICTION, GENERAL PROVISIONS AND APPLICABLE LAW

In the event of contrary or contradictory clauses to these general conditions of sale, it is agreed that these general conditions of sale alone shall prevail.

MODIFICATION OF THE GENERAL CONDITIONS OF SALE
These General Terms and Conditions of Sale may be modified at any time by TRIDERLAND. Any modification of these general conditions of sale without the written agreement of TRIDERLAND shall be null and void. The general conditions applicable to the user are those in force on the day of the order.

APPLICABLE LAW AND JURISDICTION
The language of the contract is French, subject to French law. Any version available in a foreign language is for information purposes only. These general terms and conditions are subject to French law and to the exclusive jurisdiction of the French courts. Expressly, jurisdiction is given to the competent courts of MONTPELLIER for any dispute that may arise between the parties, including in the event of summary proceedings, appeal under warranty or multiple defendants.

CONSENSUAL RESOLUTION OF DISPUTES
Except for public policy provisions, any dispute that may arise in connection with the services of these Terms and Conditions may, prior to any legal action, be submitted to TRIDERLAND for peaceful resolution.

ARTICLE 5 – COPYRIGHT PROTECTION

IMAGE RIGHTS
During the provision of services, for any filming involving an identifiable natural person, the Client must provide TRIDERLAND with an express and unequivocal authorization from the person filmed prior to the provision of the service. This document shall be deemed true and the Supplier shall not be required to verify its accuracy or authenticity. The Client must provide the Supplier, prior to the performance of the service, with the express authorization of the owner of the filming locations (owner of the land, owner of the buildings, etc.). Such documents shall be deemed true and the Supplier shall not be required to verify their accuracy or authenticity. TRIDERLAND cannot be held liable for the use by the Client of images filmed or produced on its behalf by TRIDERLAND.
The Client is solely responsible for the legal and financial consequences of its use of the filmed images.

COPYRIGHT
TRIDERLAND’s images are original works protected by intellectual property law. The acquisition of TRIDERLAND’s images on graphic or digital supports does not imply the transfer to the purchaser of the exclusive property rights attached to them; their use is strictly limited to the purchaser’s private use.
– Copyright: Unless otherwise specified, all photographs and films produced by TRIDERLAND are subject to the laws 57-298 of March 11, 1957 on artistic property and 85-660 of July 3, 1985 on copyright. – Reproduction rights: Any reproduction by any process whatsoever of TRIDERLAND’s images or creations is prohibited without prior purchase of the relevant reproduction rights. The rights are sold with the digital file of the image for a use defined by the client, who indicates at the time of ordering the format, medium and number of copies distributed. The transfer of rights to an image or production is not exclusive unless expressly mentioned and, in no case, includes the possibility of transferring a copy of the file to a third party for free or for a fee. The assignment of rights is acquired by the client only upon full payment of such rights and the use of the images or creations in accordance with the use defined at the time of the order. TRIDERLAND as well as the respective authors of the images reserve the right to refuse any use of the views for any purpose other than private, unless otherwise stated. Therefore, TRIDERLAND and the author of the images transfer their copyrights for the dissemination of the current project, but remain the copyright holders for any use in another project of these images and must be kept informed of any negotiations for the reuse of the same images within other productions, for which the parties, TRIDERLAND, will collect NEGOTIABLE copyrights for ANY RE-USE. Any use contrary to the above clauses of TRIDERLAND’s images or productions without prior agreement will result in a minimum charge of 5 times the value of the corresponding rights. In order to prove the ownership of its images or creations, TRIDERLAND keeps a digital copy in the original format as soon as the filming operations have been completed. In case of doubt about the rights of use of the images, any clarification can be obtained by e-mail at the following address: triderland@gmail.com.

ART. 6 – PRIVACY POLICY

TRIDERLAND is concerned about the protection of personal data and is committed to strengthening its policy for the protection of your personal data in accordance with European and French regulations.
Personal data means any information relating to an identified or identifiable person, in particular by reference to identifying elements such as name, surname, biometric data or one or more specific elements concerning him/her.
When you visit our website and wish to obtain information about our services via a contact form, we may collect personal data about you.
When TRIDERLAND asks you for this type of information, do not forget that it is necessary to process your request. If you do not wish to provide the information requested on the site, TRIDERLAND will be unable to process your request.

PURPOSE
In general, the collection and processing of your personal data by TRIDERLAND takes place in order to better respond to your requests, to ensure a better administrative treatment of the files and to comply with regulatory obligations.
Your personal data will be processed for the following purposes:
– For the implementation and execution of the contract concluded with us
– To contact you for updates on our services
– To manage your payment
– To handle any inquiries or returns after the service has been rendered
– For billing purposes
– For marketing purposes
– To set up promotional actions (creation of contests)
– Transmit and publish on the platform images or videos to which you have given your consent.