Terms and Conditions

 Last Updated: 07/05/2025

1. Definitions

1.1 In these conditions, the following words shall have the following meanings:

“Dragonfly Surveys”, “Company”, “Us”, “We”, “Our” shall mean Dragonfly Surveys.

“Client”, “You”, “Your” shall mean the person, firm, or company entering into a contract with Dragonfly Surveys.

“Goods” means the articles, services, or deliverables (e.g., Vineyard Mapping, Vineyard Surveys, Field Mapping, Crop Surveys, or processed data such as maps and reports) provided under the Service Agreement.

“Service Agreement” means the written agreement or quotation accepted by the Client, incorporating these terms and conditions.

“UAS” means Unmanned Aerial System (drone) used for surveys.

“Deliverables” means the processed outputs (e.g., maps, 3D models, reports) provided to the Client.

“Personal Data” means any information relating to an identified or identifiable individual, as defined by UK GDPR.

1.2 These definitions apply throughout the Service Agreement unless otherwise stated.

2. Order Acceptance Policy

2.1 Dragonfly Surveys will confirm acceptance of your order in writing (e.g., via email or signed Service Agreement) within 5 business days of receiving a completed order form and any requested information. If additional verifications are needed (e.g., site access confirmation), we will notify you promptly, specifying the required details.

2.2 We reserve the right to refuse an order if it is not feasible due to regulatory, safety, or operational constraints. If an order is refused, we will provide a written explanation and refund any payments made, minus any agreed costs for preparatory work (e.g., site surveys).

2.3 Receipt of an order form does not constitute acceptance until confirmed in writing by Dragonfly Surveys.

3. Quotations

3.1 Written quotations are valid for 30 days unless otherwise agreed and will be provided upon receipt of a clear written brief from the Client. The brief should include, but is not limited to, the full site address with postcode, site plans with boundaries and any other details needed to identify the site for aerial surveys.

3.2 Quotations include all preparatory work, permissions (e.g., Civil Aviation Authority, Air Traffic Control, landowners), travel, accommodation (if needed), post-production processing (where specified), and digital delivery of Deliverables. For UAS work, unless stated otherwise, the quotation covers one day of aerial surveying.

3.3 If new information (e.g., weather, site conditions, or additional permissions) requires amending the quotation, we will notify you promptly, provide a revised quotation, and seek your written approval before proceeding. Any cost increase will be capped at 20% of the original quotation unless mutually agreed.

3.4 You may request a preliminary site survey before receiving a quotation. Associated costs will be agreed and invoiced in advance, refundable if the survey proceeds as quoted.

4. Payment Terms

4.1 Unless otherwise agreed in writing, payment is due within 30 days of receiving an invoice. For phased projects, we may issue partial invoices at agreed milestones and may request a deposit (up to 30% of the quoted fee) before starting work.

4.2 Additional work not included in the original quotation will be charged at our standard rates, provided we notify you in advance and obtain your written approval.

4.3 Invoices will detail all charges, including survey tasks, equipment, operators, and any preparatory work. Payments must be made in cleared funds via the method specified on the invoice.

4.4 If payment is overdue, we may charge interest at 4% per annum above the Bank of England base rate, calculated daily and compounded monthly, in accordance with the Late Payment of Commercial Debts (Interest) Act 1998. We will notify you before applying interest and work with you to resolve payment issues.

4.5 Deposits, if paid, will be deducted from the final invoice. If the project is cancelled, deposits may be refunded per the cancellation terms (see Sections 6 and 7).

4.6 We reserve the right to pause or cancel services for non-payment after 30 days, with written notice to you. You will not be liable for additional costs caused solely by our delay or error in invoicing.

5. Site

5.1 If a site survey is required before quoting, we will agree on the cost with you in advance, invoiced separately and refundable if the project proceeds. You must confirm in writing that you have permission to access the site for take-off and landing.

5.2 If access permission cannot be secured due to circumstances beyond your control, we will work with you to find alternative solutions or refund any prepaid fees, minus agreed preparatory costs.

5.3 Risk assessments are conducted for all surveys. If you cancel after accepting a quotation, preparatory work (e.g., risk assessments) may be charged at a maximum of £200, detailed in the invoice.

6. Cancellation by Dragonfly Surveys

6.1 If we cannot conduct the survey due to adverse weather, mechanical failure, or unforeseen site restrictions (e.g., regulatory denials or third-party issues not disclosed by you), we will:

-Reschedule the survey within 28 days at no additional cost, subject to mutual agreement on timing; or

-Refund any payments made, minus reasonable costs for preparatory work (e.g., site surveys, permissions), capped at 20% of the quoted fee and detailed in writing.

6.2 We will make every reasonable effort to complete missed tasks promptly and communicate any issues as soon as they arise.

7. Cancellation by You

7.1 Cancellation notices must be sent in writing and are effective upon our written confirmation. Cancellation fees are:

- 7+ days’ notice: No fee, full refund of payments minus agreed preparatory costs (e.g., site surveys).

- 3–6 days’ notice: 20% of the quoted fee, minus any payments already made.

- 2 days or less: 40% of the quoted fee, minus any payments already made.

7.2 If we have incurred specific costs (e.g., specialist equipment, additional operators) based on your written instructions, these may be charged, capped at 20% of the quoted fee and detailed in the invoice.

7.3 If cancellation is due to exceptional circumstances (e.g., emergencies), we may waive fees at our discretion upon written request.

8. Permission to Conduct Survey

8.1 Surveys require permissions from authorities (e.g., Civil Aviation Authority, police, landowners), which may take up to 28 days to obtain. We will apply for permissions promptly and keep you informed of progress.

8.2 If permissions are denied or impose unforeseen restrictions, we will work with you to find alternatives or refund payments, minus preparatory costs (capped at 20% of the quoted fee).

8.3 All work is subject to safe and legal access to operate UAS equipment, as determined by regulatory requirements.

9. Limitation of Liability, Weather, Force Majeure, and Other Constraints

9.1 Surveys depend on suitable weather. If weather prevents surveying on the scheduled day, we will reschedule within 28 days at no extra cost or refund payments, minus preparatory costs (capped at 20% of the quoted fee). No refund applies for completed preparatory work.

9.2 UAS equipment is subject to wind and environmental factors, which may affect image quality or survey angles. We will use best efforts to achieve optimal results and inform you of any limitations before delivery.

9.3 If the survey cannot be completed due to your failure to provide accurate site access or instructions, you may be charged reasonable costs, capped at 20% of the quoted fee, detailed in writing.

9.4 We aim to meet agreed completion dates but cannot guarantee them due to weather, permissions, or other constraints. We will keep you informed of delays and are not liable for consequential losses (e.g., missed deadlines) unless caused by our negligence.

9.5 Each UAS flight lasts approximately 35 minutes due to battery limits, requiring landing for battery changes. This is factored into our scheduling.

9.6 Our liability is limited to the total value of the Service Agreement. We are not liable for indirect or consequential losses (e.g., lost profits) unless caused by our proven negligence or breach of contract.

9.7 We are not liable for errors due to incomplete or inaccurate instructions in your written brief or delays caused by third parties (e.g., Air Traffic Control, CAA). We will work with you to mitigate such issues.

9.8 We maintain Public Liability Insurance with an indemnity of at least £1 million, increaseable at your request (additional costs may apply).

9.9 Neither party is liable for delays or non-performance due to force majeure (e.g., war, strikes, natural disasters). We will notify you promptly and work to resume services as soon as possible.

10. General Conditions

10.1 No delay in exercising rights under the Service Agreement constitutes a waiver. Waivers of specific breaches do not affect future enforcement.

10.2 These terms remain in effect post-termination as needed to enforce their provisions.

10.3 The Service Agreement is governed by English law, with exclusive jurisdiction in English courts.

10.4 Clause headings are for convenience and do not affect interpretation.

10.5 Each clause is severable; if one is unenforceable, others remain valid.

10.6 You acknowledge entering this agreement freely and understanding its terms, including liability limitations.

10.7 All charges are subject to these terms and conditions.

11. Data Ownership and Usage

11.1 Upon full payment, you own all Deliverables (e.g., maps, 3D models, reports) provided under the Service Agreement. We retain ownership of raw data (e.g., unprocessed imagery, sensor data) but grant you a perpetual, non-exclusive, transferable license to use raw data for project-related purposes. You may request transfer of raw data ownership for an additional fee, subject to mutual agreement.

11.2 You may share Deliverables with project-related third parties (e.g., contractors, consultants) under confidentiality obligations. Commercial distribution or sale of data requires our prior written consent.

11.3 We may retain and use Deliverables (e.g., maps, 3D models, reports) and anonymised raw data for internal purposes, including quality improvement, research, and marketing (e.g., social media, portfolios to showcase our services). We will ensure Deliverables used for marketing are anonymised to remove identifiable client or personal information unless you provide written consent for identifiable use. You may opt out of any marketing use by notifying us in writing before the survey. 

11.4 We collect and process data to industry standards, taking reasonable care to ensure accuracy. We are not liable for losses arising from data use or inaccuracies unless caused by our proven negligence. You are advised to verify data with other sources for critical applications.

11.5 You are responsible for interpreting and applying data. We recommend consulting qualified professionals (e.g., agronomists, engineers) for critical decisions.

11.6 We retain raw data and Deliverables for 12 months post-project for quality assurance and marketing purposes (per 11.3), unless otherwise agreed. You may request data deletion at any time, and we will comply within 30 days, subject to legal obligations. Personal Data is processed per UK GDPR (see our Privacy Policy).We may retain anonymised marketing materials beyond the 12-month retention period unless you request removal

11.7 We use encryption and access controls to protect data. You will be notified promptly of any data breach, per UK GDPR requirements.

11.8 Third-party software used for data processing complies with UK GDPR. We are responsible for third-party compliance but not liable for defects solely due to third-party software unless you misuse the data.

11.9 If Personal Data is collected, you (or affected individuals) may exercise UK GDPR rights (e.g., access, rectification, erasure) by contacting enquiries@dragonflysurveys.com. We will respond within 30 days.

11.10 You agree to use data lawfully and indemnify us against losses from misuse or breach of this agreement. We will indemnify you against losses from our negligence or failure to comply with this section.