Terms and Conditions (Real Estate Marketing Only)
All Real Estate customers, clients and end users are subject to the terms and conditions of Eye Above UAV Services PTY LTD legal and copyright agreement.
(Terms & Conditions Updated On 29/05/2018 at 6:49 pm)
Image license agreement between Eye Above UAV Services PTY LTD (ABN 33 618 873 162) and the contracting client including clients of contracting client.
Section 1- Image Use
1.1 This license is individual, non-transferable and non-exclusive. It gives you the right to use the photographs on any type of medium, for any sort of utilisation, such as for example the illustration of press articles, advertising, on-line use, as well as the right to carry out any form of reproduction, printed or digital, needed in what you intend to do with the photographs. This licence is granted to you with a time limit based on the life of the property listing with the current contracting client (real estate agent) or unless you should fail to respect one of its clauses. This license allows you to crop the photographs, to take elements out of them, to use them partially, to touch them up or add elements to them.
1.2 The following uses are not authorised in compliance with the licence granted to you here. Before any use in one of the following cases,
it is mandatory to contact Eye Above UAV Services PTY LTD (ABN 33 618 873 162) in order to pay an additional license: For any use of the photographs in a third-party product or if they are to be commercialised, of which they represent the main value, such as, reports, postcards and posters. For any billing activity through a commercial network, reproducing the whole or part of a photograph.
1.3 It is forbidden to resell, give a sub-license, give, lend, sub-let, distribute the whole or part of an image, whatever its size and resolution unless you are acting on behalf of a client as advertising agency or similar.
It is forbidden to use the photographs in a context which might be political, slanderous, immoral, offensive or degrading
1.4 Eye Above UAV Services PTY LTD (ABN 33 618 873 162) certifies that it is entitled to all the commercial rights pertaining to the photographs.
1.5 All rights pertaining to the photographs are owned by Eye Above UAV Services PTY LTD (ABN 33 618 873 162). The granting of this license does not imply a transfer of ownership.
The photographs are protected by the laws on royalty and copyright. You are therefore under the obligation to use the photographs like any other protected product.
Any representation or reproduction, complete or partial, carried out without the consent of Eye Above UAV Services PTY LTD may be considered a breach of contract.
1.6 All images provide by Eye Above UAV Services PTY LTD (ABN 33 618 873 162) to the listing agent are 100% owned by Eye Above UAV Services PTY LTD (ABN 33 618 873 162) unless otherwise stated.
All images provided by Eye Above UAV Services PTY LTD (ABN 33 618 873 162) may have been captured using Eye Above UAV Services PTY LTD (ABN 33 618 873 162) staff, contractors or third parties.
In the event that Eye Above UAV Services PTY LTD (ABN 33 618 873 162) uses a third parties’ supplier will ensure that we have the contractual right to license the images.
1.7 Eye Above UAV Services PTY LTD (ABN 33 618 873 162) may resell image the rights to third parties, other real estate agents or advertising agencies.
The resale of image rights may only be completed once the current advertising campaign has ceased.
Section 2- Disclosure to vendors, tenants, investor or any associated person(s)
2.1 In accordance with the terms of this agreement you must disclose to the client, vendor, tenant, investor or any associated person(s) involved
with the property that is being photographed that the images captured are bound by the image use agreement (section 1.1) and that all image captured or produced remain the property of Eye Above UAV Services PTY LTD and may only be used for the life of the listing. This disclosure is normally indicated on the vendors advertising schedule and may or may not include this entire document. Upon request from a vendor or associated person this document may be presented.
2.2The vendor, tenant, investor or any associated person(s) may obtain copies of the images for personal use only and must not reproduce, resell
or redistribute those images for commercial purposes or for marketing use with another selling agent or marketing company. All copies provided
will include a watermark or security tag.
2.3 All photography bookings are a direct contract between Eye Above UAV Services PTY LTD (ABN 33 618 873 162) and the company booking the job such as the advertising agency or listing agent. The vendor, tenant, investor or any associated person(s) have no involvement in the contract between Eye Above UAV Services PTY LTD (ABN 33 618 873 162) and the listing agent and have no rights over any images unless specifically requested.
Section 3- Termination
3.1 The license contained in this Agreement may terminate automatically without notice from Eye Above UAV Services PTY LTD (ABN 33 618 873 162) if you fail to comply with any provision of this agreement or fail to pay any accounts or monies owed. Upon termination, you must immediately:
(i) stop using the Digital Photos; and
(ii) Delete any Digital Photos and all copies of all of them from all digital media and destroy all other copies or, upon request of
Eye Above UAV Services PTY LTD (ABN 33 618 873 162).
Section 4- Resale 4.1 Images may be resold to vendors or interested parties, resale of images can only be done where the original contracting client has given permission for the images to be re-distributed.
4.2 All image resale will incur an admin and re-license fee – (See fees)
Section 5- Governing Laws
5.1 This Agreement will be governed in all respects by the laws of Australia. The Courts of the Australia shall have the non-exclusive jurisdiction to hear any disputes under this Agreement. Notwithstanding the foregoing, Eye Above UAV Services PTY LTD (ABN 33 618 873 162) shall have the right to commence and prosecute any legal or equitable action or proceeding before any court of competent jurisdiction to obtain injunctive or other relief in the event that, in the opinion of Eye Above UAV Services PTY LTD (ABN 33 618 873 162), such action is necessary or desirable.
Section 6 – Fees
All images and services are initially licensed at a discounted single usage rate as set out in Eye Above UAV Services PTY LTD current pricing.
Some images can be resold at Eye Above UAV Services PTY LTD discretion.
Image re-license fee per image – Price range $100 – $550.00 Inc. GST, depending on image and subject to approval, full images sets can only be re-licensed as a full set with approval and the price is decided by Eye Above UAV Services PTY LTD.
Image infringement, copyright and ownership transfer price ranges based on image, circulation and usage $100 – $2,000 per image
Section 7 – Unauthorised Image Usage
Eye Above UAV Services PTY LTD hold the master copyright to all images, floor plans, renders and graphics produced by Eye Above UAV Services PTY LTD, Eye Above UAV Services PTY LTD Staff and Eye Above UAV Services PTY LTD Contractors. All images are provided to clients under license only.
Anyone individual, company, corporation or entity using Eye Above UAV Services PTY LTD images without proper written authorisation may be liable to costs associated with copyright, damages, loss of business, defamation of brand. In addition, images found being used in an unauthorised capacity will be subject to full copyright fees as set out in Section 7 of Eye Above UAV Services PTY LTD terms and conditions.
Any unauthorised usage maybe perused via legal representation of whom Eye Above UAV Services PTY LTD appoint as their legal representative and in accordance with the Australian Copyright Act of 2006 and including any other related state and federal laws.
Section 8 – Booking and Cancellation Fees
8.1 – Cancellation of bookings must be made at least 24 hours prior to the actual job date/time for real estate agents, for builders and one-off projects 3 days’ notice for cancellation is required. Cancellations must be made in writing via email to firstname.lastname@example.org
Cancellations will in incur the following fees:
More than 24 hours before job, 25% of job fee
Less than 24 hours before job, 50% of job fee