Terms of Service

1. Definitions and Interpretation

In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings:

• "Company", "MDS", "I", “we,” “us” or “our” refers to Manchester Drone Surveys Ltd.;
• "Client", "Customer", "you", or "your" refers to any party commissioning our "Services";
• "Services" means the Drone Inspection Services to be provided by us to you as specified in your Order (and confirmed in our Order Confirmation);
• "Deliverables" refers to the data, reports, images, videos, or any other output and results of our Services;
• "Quotation" refers to the Services and Price specified in our response to your request for a free quotation;
• “Deposit” means an advance payment made to us under sub-Clause 6.3;
• “Price” means the price payable for the Services;
• “Contract” means the contract for the provision of Services, as explained in Clause 4;
• “Order” means your order for the Services (made by you when you accept our Quotation);
• “Order Confirmation” means our acceptance and confirmation of your Order as described in Clause 4;
• “Calendar Day” means any day of the year;

References in these Terms and Conditions to “writing” and any similar expression includes electronic communications whether sent by e-mail, text or other means.

2. Information About Us

Manchester Drone Surveys Ltd is a Private Limited Company registered in England under number 16264946.

• Registered address: 60 Hibbert Lane, Marple, Stockport, SK6 7NP.
• Director and drone pilot: Michael Whittaker, MCABE IEng.
• Registered with the Civil Aviation Authority (CAA).
• Member of FPV UK The Drone Association, which includes £5M Public Liability Insurance.
• Subject to the code of conduct as set by the Chartered Association of Building Engineers (CABE).
• We are not yet registered for VAT.

3. Quotations

3.1 Our Quotation may include costs that are based on the accuracy and validity of information provided by you. We retain the right to renegotiate any contract, cost agreement, or commitment if the information provided is found to be inaccurate or invalid.

3.2 Our Quotations are valid for 28 Calendar Days from the date of issue.

3.3 Acceptance of our Quotation constitutes the submission of your Order and acceptance of these Terms and Conditions.

4. The Contract

4.1 These Terms and Conditions govern the sale and provision of Services by us and will form the basis of the Contract between us and you.

4.2 Before accepting our Quotation and submitting your Order, please ensure that you have read these Terms and Conditions carefully. If you are unsure about any part of these Terms and Conditions, please ask us for clarification.

4.3 Nothing provided by us including, but not limited to, sales and marketing literature, price lists and other documents constitutes a contractual offer capable of acceptance. Your Order constitutes a contractual offer that we may, at our discretion, accept.

4.4 A legally binding contract between us and you will be created upon our acceptance of your Order, indicated by our Order Confirmation. Order Confirmations will be provided in writing.

4.5 We shall ensure that the following information is given or made available to you prior to the formation of the Contract between us and you, save for where such information is already apparent from the context of the transaction:

• The main characteristics of the Services, including the agreed Deliverables;
• Our identity (set out above in Clause 2) and contact details (as set out below in Clause 12);
• The total Price for the Services;
• The arrangements for payment, performance and the time by which (or within which) we undertake to perform the Services;
• How to make a complaint.

5. Orders

5.1 All Orders for Services made by you will be subject to these Terms and Conditions.

5.2 You may change your Order at any time before we begin providing the Services by contacting us in writing.

5.3 If your Order is changed we will inform you of any change to the Price in writing.

5.4 You may cancel your Order within 48 hours of the booked inspection survey. If you have already made any payments to us under Clause 6 (including, but not limited to the Deposit), subject to sub-Clause 6.4, the payment(s) will be refunded as soon as is reasonably possible, and in any event within 14 Calendar Days of our acceptance of your cancellation. If you request that your Order be cancelled, you must confirm this in writing. If you wish to cancel the Services after this time period, or once we have begun providing the Services (including our planning and preparation) please refer to Clause 11.

5.5 We may cancel your Order at any time before we begin providing the Services due to the unavailability of required personnel or equipment, or due to the occurrence of an event outside of our reasonable control. If such cancellation is necessary, we will inform you as soon as is reasonably possible. If you have made any payments to us under Clause 6 (including, but not limited to the Deposit), the payment(s) will be refunded as soon as is reasonably possible, and in any event within 14 Calendar Days of us informing you of the cancellation. Cancellations will be confirmed in writing.

6. Price and Payment

6.1 The Price of the Services will be that shown in our Quotation accepted by you at the time of your Order.

6.2 We are not VAT registered and our Prices do not include VAT.

6.3 Before we begin providing the Services, you will be required to pay a Deposit of 50% of the total Price for the Services. The due date for payment of your Deposit will be included in the Order Confirmation. We will not commence planning and preparations for the Services Ordered until you have paid the Deposit. If the Deposit is not paid on time it will delay the Services.

6.4 In certain circumstances, if your Order is cancelled, your Deposit may be partially refunded. The amount due will be calculated based upon the Price for the Services and the amount of work (if any) already undertaken by us. Please refer to sub-Clauses 5.4 and 5.5 if your Order is cancelled before the Services begin, or to Clause 11 if the Services are cancelled after they have begun.

6.5 The balance of the Price is to be fully paid in advance of our release of Deliverables to you. To be clear, we will not issue our Deliverables to you until you have paid the balance of the Price.

6.6 We accept payment by BACS Transfer (banking details will be provided in our Order Confirmation); if you wish to pay by a different method please discuss with us.

7. Providing the Services

7.1 As required by law, we will provide the Services with reasonable skill and care, consistent with best practices and industry standards, and in accordance with any information provided by us about the Services and about us.

7.2 We will provide estimated timelines for the completion of Services and Deliverables in our Order Confirmation. While we make every effort to meet these timelines, factors such as weather conditions and site complexities may impact on our delivery schedules.

7.3 We will make every reasonable effort to complete the Services on time (and in accordance with your Order). We cannot, however, be held responsible for any delays if an event outside of our control occurs. Please see Clause 10 for events outside of our control, which includes weather unsuitable for safe flying of a drone.

7.4 If we require any information or action from you in order to provide the Services, we will inform you of this as soon as is reasonably possible.

7.5 If the information or action required of you under sub-Clause 7.4 is delayed, incomplete or otherwise incorrect, we will not be responsible for any delay caused as a result. If additional work is required from us to correct or compensate for a mistake made as a result of incomplete or otherwise incorrect information or action on your part, we may charge you a reasonable additional sum for that work.

7.6 In certain circumstances, for example where there is a delay in you sending us information or taking action required under sub-Clause 7.4, we may suspend the Services (and will inform you of that suspension in writing).

7.7 In certain circumstances, for example where we encounter a technical problem, we may need to suspend the Services in order to resolve the issue. Unless the issue is an emergency and requires immediate attention we will inform you in advance in writing before suspending the Services.

7.8 If the Services are suspended under sub-Clauses 7.6 or 7.7, you will not be required to pay for them during the period of suspension. You must, however, pay any invoices that you have already received from us by their due date(s).

7.9 If you do not pay us for the Services as required by Clause 6, We may suspend the Services until you have paid all outstanding sums due. If this happens, We will inform you in writing.

8. Problems with the Services and Your Legal Rights

8.1 We always use reasonable efforts to ensure that our provision of the Services is trouble-free. If, however, there is a problem with the Services we request that you inform us as soon as is reasonably possible.

8.2 We will use reasonable efforts to remedy problems with the Services as quickly as is reasonably possible and practical.

8.3 We will not charge you for remedying problems under this Clause 8 where the problems have been caused by us. If we determine that a problem has been caused by incorrect or incomplete information or action provided or taken by you, sub-Clause 7.5 will apply and we may charge you for remedial work.

8.4 As a consumer, you have certain legal rights with respect to the purchase of services. For full details of your legal rights and guidance on exercising them, it is recommended that you contact your local Citizens Advice Bureau or Trading Standards Office. If we do not perform the Services with reasonable skill and care, you have the right to request repeat performance or, if that is not possible or done within a reasonable time without inconvenience to you, you have the right to a reduction in price. If the Services are not performed in line with information that we have provided about them, you also have the right to request repeat performance or, if that is not possible or done within a reasonable time without inconvenience to you (or if our breach concerns information about us that does not relate to the performance of the Services), you have the right to a reduction in price. If for any reason We are required to repeat the Services in accordance with your legal rights, we will not charge you for the same and we will bear any and all costs of such repeat performance. In cases where a price reduction applies, this may be any sum up to the full Price and, where you have already made payment(s) to us, may result in a full or partial refund. Any such refunds will be issued without undue delay (and in any event within 14 Calendar Days starting on the date on which we agree that you are entitled to the refund) and made via the same payment method originally used by you unless you request an alternative method.

9. Liability and Indemnification

9.1 Whilst we take the utmost care with our Services, we shall not be liable for any direct, indirect, incidental, consequential, or punitive damages arising from the use of our Services or reliance on our reports.

9.2 You agree to indemnify and hold us harmless from any claims, damages, losses, or expenses arising out of your use of our Services or breach of these Terms and Conditions.

9.3 If we are providing Services at your property and we cause any damage, we will make good that damage at no additional cost to you. We are not responsible for any pre-existing faults or damage to your property that we may discover while providing the Services.

9.4 Nothing in these Terms and Conditions seeks to exclude or limit our liability for death or personal injury caused by our negligence; or for fraud or fraudulent misrepresentation.

9.5 Nothing in these Terms and Conditions seeks to exclude or limit our liability for failing to perform the Services with reasonable care and skill or in accordance with information provided by us about the Services or about us.

9.6 Nothing in these Terms and Conditions seeks to exclude or limit your legal rights as a consumer. For more details of your legal rights, please refer to your local Citizens Advice Bureau or Trading Standards Office.

10. Events Outside of Our Control (Force Majeure)

10.1 We will not be liable for any failure or delay in performing our obligations where that failure or delay results from any cause that is beyond our reasonable control. Such causes include, but are not limited to: weather unsuitable for drone flying, power failure, internet service provider failure, strikes, lock-outs or other industrial action by third parties, riots and other civil unrest, fire, explosion, flood, storms, earthquakes, subsidence, acts of terrorism (threatened or actual), acts of war (declared, undeclared, threatened, actual or preparations for war), epidemic or other natural disaster, or any other event that is beyond our reasonable control.

10.2 If any event described under this Clause 10 occurs that is likely to adversely affect our performance of any of our obligations under these Terms and Conditions:

• 10.2.1 We will inform you as soon as is reasonably possible;
• 10.2.2 Our obligations under these Terms and Conditions will be suspended and any time limits that we are bound by will be extended accordingly;
• 10.2.3 We will inform you when the event outside of our control is over and provide details of any new dates, times or availability of Services as necessary;
• 10.2.4 If an event outside of our control occurs and you wish to cancel the Contract, you may do so in accordance with your right to Cancel under sub-Clause 11.3.3. Any refunds due to you as a result of that cancellation will be paid to you as soon as is reasonably possible, and in any event within 14 Calendar Days of our acceptance of your cancellation notice;
• 10.2.5 If the event outside of our control continues for more than 4 weeks, We will cancel the Contract in accordance with our right to cancel under sub-Clause 11.6.3 and inform you of the cancellation. Any refunds due to you as a result of that cancellation will be paid to you as soon as is reasonably possible, and in any event within 14 Calendar Days of our cancellation notice.

11. Cancellation

11.1 If you wish to cancel your Order for the Services before the Services begin, you may do so under sub-Clause 5.4.

11.2 Once We have begun providing the Services, you are free to cancel the Services and the Contract at any time by giving us 48 hours written notice. If you have made any payment to us for any Services we have not yet provided, these sums will be refunded to you as soon as is reasonably possible, and in any event within 14 Calendar Days of our acceptance of your cancellation. If we have provided Services that you have not yet paid for, the sums due will be deducted from any refund due to you or, if no refund is due, we will invoice you for those sums and you will be required to make payment in accordance with Clause 6.

11.3 If any of the following occur, you may cancel the Services and the Contract immediately by giving us written notice. If you have made any payment to us for any Services we have not yet provided, these sums will be refunded to you as soon as is reasonably possible, and in any event within 14 Calendar Days of our acceptance of your cancellation. If we have provided Services that you have not yet paid for, the sums due will be deducted from any refund due to you or, if no refund is due, We will invoice you for those sums and you will be required to make payment in accordance with Clause 6. If you cancel because of our breach under sub-Clause 11.3.1, you will not be required to make any payments to us. You will not be required to give 48 hours notice in these circumstances:

• 11.3.1 We have breached the Contract in any material way and have failed to remedy that breach within 14 Calendar Days of you asking us to do so in writing; or
• 11.3.2 We enter into liquidation or have an administrator or receiver appointed over our assets; or
• 11.3.3 We are unable to provide the Services due to an event outside of our control (as under sub-Clause 10.2.4); or
• 11.3.4 We change these Terms and Conditions to your material disadvantage.

11.4 We may cancel your Order for the Services before the Services begin under sub-Clause 5.5.

11.5 Once We have begun providing the Services, we may cancel the Services and the Contract at any time by giving you 48 hours written notice. If you have made any payment to us for any Services we have not yet provided, these sums will be refunded to you as soon as is reasonably possible, and in any event within 14 Calendar Days of our cancellation notice. If we have provided Services that you have not yet paid for, the sums due will be deducted from any refund due to you or, if no refund is due, we will invoice you for those sums and you will be required to make payment in accordance with Clause 6.

11.6 If any of the following occur, we may cancel the Services and the Contract immediately by giving you written notice. If you have made any payment to us for any Services we have not yet provided, these sums will be refunded to you as soon as is reasonably possible, and in any event within 14 Calendar Days of our cancellation notice. If we have provided Services that you have not yet paid for, the sums due will be deducted from any refund due to you or, if no refund is due, we will invoice you for those sums and you will be required to make payment in accordance with Clause 6. We will not be required to give 48 hours notice in these circumstances:

• 11.6.1 You fail to make a payment on time as required under Clause 6; or
• 11.6.2 You have breached the Contract in any material way and have failed to remedy that breach within 14 Calendar Days of us asking you to do so in writing; or
• 11.6.3 We are unable to provide the Services due to an event outside of our control (for a period longer than that in sub-Clause 10.2.5).

11.7 For the purposes of this Clause 11 (and in particular, sub-Clauses 11.3.1 and 11.6.2) a breach of the Contract will be considered ‘material’ if it is not minimal or trivial in its consequences to the terminating party (i.e. you under sub-Clause 11.3.1 and us under sub-Clause 11.6.2). In deciding whether or not a breach is material no regard will be had to whether it was caused by any accident, mishap, mistake or misunderstanding.

12. Communication and Contact Details

12.1 If you wish to contact us, you may do so by telephone on 07566 266344 or by using the contact information on our Enquiries page.

12.2 In certain circumstances you must contact us in writing (when cancelling an Order, for example, or exercising your right to cancel the Services). When contacting us in writing you may use the following methods:

• 12.2.1 Contact us by email (using our email address if you already have it); or by using the contact information on our Enquiries page.
• 12.2.2 Contact us by pre-paid post at Manchester Drone Surveys Ltd., 60 Hibbert Lane, Marple, Stockport, SK6 7NP.

13. Complaints and Feedback

13.1 We always welcome feedback from our Customers and, whilst we always use all reasonable endeavours to ensure that your experience as a Customer of ours is a positive one, we nevertheless want to hear from you if you have any cause for complaint.

13.2 If you wish to complain about any aspect of your dealings with us, including, but not limited to, these Terms and Conditions, the Contract, or the Services, please contact us using the details in Clause 12.

14. How We Use Your Personal Information (Data Protection)

14.1 We will only use your personal information as set out in our Privacy Notice.

15. Other Important Terms

15.1 The Contract is between you and us. It is not intended to benefit any other person or third party in any way and no such person or party will be entitled to enforce any provision of these Terms and Conditions.

15.2 If any of the provisions of these Terms and Conditions are found to be unlawful, invalid or otherwise unenforceable by any court or other authority, that / those provision(s) shall be deemed severed from the remainder of these Terms and Conditions. The remainder of these Terms and Conditions shall be valid and enforceable.

15.3 No failure or delay by us in exercising any of our rights under these Terms and Conditions means that we have waived that right, and no waiver by us of a breach of any provision of these Terms and Conditions means that we will waive any subsequent breach of the same or any other provision.

16. Intellectual Property

16.1 All reports, photographs, videos, and other materials created during the inspection remain our intellectual property. You are granted a non-exclusive, non-transferable license to use these materials for personal or business purposes.

16.2 By use of our Services you agree that the Deliverables (any photography, videography or anonymised documents and reports) may be used promotionally by us.

16.3 You may not reproduce, distribute, or modify the materials without our prior written consent.

17. Use of Deliverables

17.1 We provide drone inspections and deliver reports based on visual observations and our experience in the construction industry. Our reports are intended for informational purposes only and should not be considered formal roof surveys or structural assessments. Our reports are not suitable for use as a Defects Survey or for providing evidence to be used in court or other legal proceedings. You should engage a Specialist Defects Surveyor for these purposes.

17.3 Our reports do not constitute a warranty, certification, or guarantee of the condition of any roof or structure. The information provided is based on the visual data captured by the drone and our professional judgment. We do not inspect areas not visible to the drone or areas that the drone cannot safely access.

17.4 The reports provided by us are intended for use by the client for personal or business purposes. They are not intended to be used as a substitute for formal roof surveys, structural assessments, or other professional evaluations.

17.5 For environmental reasons Deliverables will be issues digitally only unless paper copies are specifically requested by you.

18. Governing Law and Jurisdiction

18.1 These Terms and Conditions, the Contract, and the relationship between you and us (whether contractual or otherwise) shall be governed by, and construed in accordance with the law of England & Wales.

18.2 Any dispute, controversy, proceedings or claim between you and us relating to these Terms and Conditions, the Contract, or the relationship between you and us (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of England & Wales.