Linkedin Instagram Youtube

Terms & Conditions

South West Aerial Surveys Ltd t/a InViewAssets

Terms & Conditions – Version 1.9

If you’re purchasing a product or service from us – you’re buying from:

South West Aerial Surveys Ltd (SWAS)

Registered company address: Hillside House, Langley Marsh, Wiveliscombe, Taunton.

Company number: 12498456

Website: www.inviewassets.co.uk

Email: info@inviewassets.co.uk

  • The Supplier is South West Aerial Surveys Ltd t/a InView Assets, Hillside House, Langley Marsh, Wiveliscombe, Taunton. Company number: 12498456
  • The Customer is the party or any person acting on behalf of and with the authority of the Customer that the Order is provided for.
  • The Guarantor is the person(s), or entity, who agrees to be liable for the debts of the Customer.
  • The Order shall be defined as any request for the provision of Goods and/or Services by the Customer with the Supplier which has been accepted by the Supplier.
  • The Goods are the photos, videos, maps, point clouds, 3D models and/or related data provided by the Supplier.
  • The Services are all the delivery and/or supply of Goods, photography, videography, laser scanning, surveying, production, development, promotion and/or related services done by the Supplier, including any advice or recommendations.
  • The Premises are the land or land and buildings where the Services are to be carried out.
  • The Price is the amount invoiced for Goods supplied and/or Services provided.
  • Data means all images, photographs, videos, point clouds, measurements, coordinates, 3D models, and any other information captured or generated during Services.
  • Indirect, Special or Consequential loss or damage includes i) any loss of income profit or business; ii) any loss of good will or reputation; iii) any loss of value of intellectual property.
  • Invoices include invoices for Good supplied or for Services provided, or both.

Provision of Services

These terms and conditions (“Conditions”) may only be varied with the written agreement of South West Aerial Surveys Limited (“SWAS”) and shall apply to all contracts for the supply of services by SWAS to a customer employing such services from time to time (“You”,”Your”) to the exclusion of all other terms and conditions including any terms and conditions which You may purport to apply under any document whatsoever. SWAS incorporates the InView™ traded services also.

These Conditions apply to every order or instruction received from You (or someone SWAS may reasonably believe has authority to bind You) whether such order is express or implied, written or oral and the contract between SWAS and You will be deemed to commence at such time as an order or instruction is received. SWAS is under no obligation to allow Your employees to witness the services being carried out.

Invoicing and Payment Terms

Price and Quotations: The price (“Price”, “in writing”) shall be the amount quoted to You by SWAS to provide services and in the event of dispute the Price shall be determined by reference to SWAS’s standard price tariff which is available upon request. Any quotation is valid for 30 days from its date unless otherwise stated, but SWAS may withdraw it at any time before acceptance.

Payment Terms: SWAS’s standard payment terms are that payment of the Price shall be made within 30 days of receipt of a valid invoice. Time for payment is of the essence. Payment shall be made in GBP (£) sterling and cheques, drafts or other payment instructions should be drawn on a bank trading in the UK.

Late Payment Interest: All sums due from You to SWAS which are not paid on the due date shall bear interest at the rate of 8% per annum above the Bank of England base rate from time to time. Interest shall accrue daily from the due date until actual payment (whether before or after judgment) and shall be compounded quarterly. This is in addition to SWAS’s right to suspend Services for non-payment.

Advance Payment: Notwithstanding the provisions above, SWAS reserves the right at its sole absolute discretion to request payment of all or part of the Price prior to the commencement of the services in circumstances where a customer either has an insufficient credit history or rating or has a poor payment history with SWAS.

Interim Invoicing: For projects exceeding one month duration or £10,000 in value, SWAS may issue interim invoices on a monthly basis or upon completion of defined project milestones. Each interim invoice shall be payable within 30 days of its date.

Price Variations: If the scope or nature of the Services changes (whether due to incomplete or inaccurate information provided by You, Client Default, or otherwise), SWAS may adjust the Price to reflect the changed requirements. SWAS shall notify You of any proposed price adjustment and provide justification. If You do not agree to the adjusted Price, SWAS may elect to terminate the Contract without liability. Any additional services requested beyond the original scope will be charged at SWAS’s prevailing rates.

Additional Costs: You agree to pay any additional costs or expenses incurred by SWAS due to difficulty by SWAS or its agents or employees in gaining access to Your site or in carrying out services. This difficulty may be caused by a failure on your part (in the reasonable opinion of SWAS) to provide satisfactory information or assistance (which would be required by SWAS to carry out services adequately).

Suspension for Non-Payment: SWAS reserves the right to suspend performance of Services if any invoice remains unpaid beyond its due date, until all outstanding amounts are paid in full.

Customer Warranties and Permissions

Permissions: You warrant that You have obtained all necessary permissions for aerial data capture over the Premises and that the Services will not infringe third-party rights. You agree to indemnify SWAS against any claims arising from lack of proper permissions or rights to authorise the Services.

Information Accuracy: You warrant that all information provided to SWAS is accurate and complete, and that You have disclosed any known flight restrictions, safety hazards, or other factors that may affect the provision of Services.

Site Preparation and Access: You shall:

  • Provide timely, accurate and complete information and instructions
  • Ensure all necessary permissions, licenses and consents are obtained for access to the Premises
  • Ensure the Premises are safe and suitable for SWAS personnel and equipment
  • Provide reasonable access to the Premises and any facilities required
  • Inform SWAS of all health and safety rules, security requirements and site-specific hazards
  • Cooperate with SWAS in all matters relating to the Services

Client Default: If SWAS’s performance is prevented or delayed by any act or omission by You, or Your failure to perform any relevant obligation (“Client Default”):

  • SWAS may suspend performance of the Services until You remedy the Client Default
  • SWAS shall not be liable for any costs or losses arising from such delay or failure
  • You shall reimburse SWAS on demand for any costs or losses incurred as a result of the Client Default
  • SWAS may charge additional fees to reflect increased costs arising from the Client Default
  • Time for performance shall be extended by a period equivalent to the delay

Cancellation and termination

Cancellation by SWAS: SWAS can cancel or terminate this contract at any time, for any reason by giving written (including email, WhatsApp or SMS) or oral notice (including answer phone, voicemail messages), which shall be effective immediately.

Consumer Cancellation Rights: If You are a consumer (defined in the Consumer Contracts Regulations 2013 (the “CCR”) as “an individual acting for purposes which are wholly or mainly outside that individual’s trade, business, craft or profession”) then You shall have a legal right to change your mind about receiving the services envisaged under this contract under the provisions of the CCR, provided that such cancellation is made within 14 days of the date of this contract.

By accepting these terms and conditions You expressly consent to SWAS commencing the services even if the 14 day cancellation period has not expired, which will affect your ability to change your mind and obtain a refund. If any of the services have been provided prior to the date of cancellation then You will be responsible for paying to SWAS a pro-rata amount of the Price in proportion to the amount of the services provided by comparison to the full scope of the services.

Cancellation by Customer (Non-Consumer): After the end of the 14-day consumer cancellation period (or immediately if You are not a consumer), You may cancel the Contract by giving SWAS written notice. If You cancel:

  • Before SWAS commences the Services: No cancellation charge applies
  • After SWAS has commenced the Services: You shall pay:
    • The full Price for all Services completed up to the date of cancellation; plus
    • All reasonable costs incurred by SWAS in preparation for or in connection with the Services; plus
    • 25% of the Price for any Services not yet performed (representing SWAS’s loss of profit and commitment of resources)

Late Cancellation: Cancellation of the contract (capture date) within 24 hours of the due start time for the provision of services will result in You being liable for 100% of the Price.

Termination by SWAS: SWAS may terminate the Contract immediately by written notice if:

  • You fail to pay any amount due by the due date and remain in default for 7 days after being notified
  • You commit a material breach of any term of the Contract and (if remediable) fail to remedy it within 14 days of written notice
  • You become subject to any insolvency event or procedure
  • You are in breach of any other contract with SWAS

Payment on Termination: All amounts outstanding become immediately due and payable upon termination or completion of the Contract.

Liability and Indemnity

Exclusions and Limitations: Except in the case of personal injury (including death) caused by the negligent or wilful act or omission of SWAS, SWAS excludes liability to You however arising from the performance or purported performance of the services or any term under these Conditions. In the event of any breach or breaches by SWAS, SWAS shall not be liable to You in respect of:

  • Loss of profits, sales, business, or revenue
  • Business interruption or loss of business opportunity
  • Loss of anticipated savings
  • Loss or corruption of data or information
  • Loss of goodwill or reputation
  • Any indirect, special or consequential loss or damage

Liability Cap: SWAS’s total liability under these Conditions (except for personal injury or death caused by negligence, fraud or fraudulent misrepresentation, or any other liability that cannot be excluded by law) shall not exceed the greater of:

  • £50,000 (fifty thousand pounds); or
  • 150% of the Price paid or payable for the specific Services giving rise to the claim

Accuracy Limitations: SWAS shall not be liable for any inaccuracy in Deliverables beyond any specified tolerance, scale or accuracy stated in the Order / Accuracy Report, or for any consequences arising from use of Deliverables for purposes other than those stated in the Contract.

Time Limit for Claims: You must notify SWAS of any claim within 6 months of becoming aware (or reasonably ought to have become aware) of the circumstances giving rise to it, failing which your right to make such claim shall be time-barred.

Intellectual Property Indemnity: Each party (the “indemnifier”) shall indemnify and keep indemnified the other party (the “recipient”) against, and hold it harmless from, all claims, liabilities, costs (including reasonable legal fees and disbursements) expenses, demands or damages brought or made against or incurred by the recipient pursuant to any claim by a third party that any intellectual property, information, material and/or data supplied by or on behalf of the indemnifier and used or processed by the recipient or any of its sub-contractors in connection with the Contract infringes the intellectual property of any third party.

Intellectual Property

Ownership: All intellectual property created or developed by You shall, for the avoidance of doubt, remain vested in You. All intellectual property created or developed by SWAS or any employee, agent or sub-contractor of SWAS in the course of supplying the Services shall remain vested in SWAS. All other intellectual property owned or developed by SWAS non-exclusively for You and used in the course of supplying the Services shall belong to SWAS at all times.

License to Customer: Subject to payment in full of all amounts due under the Contract, SWAS grants to You a worldwide, non-exclusive, perpetual, royalty-free license to use the Deliverables for your internal business purposes related to the project for which they were created. This license is non-transferable without SWAS’s prior written consent. You shall not remove or obscure any copyright notices or proprietary markings on the Deliverables.

Data Utilisation Rights: SWAS retains comprehensive rights to use all captured images and data for research, technical development, commercial licensing, and industry advancement purposes, marketing and promotional activities, independently of any licence granted to the Customer. The Customer acknowledges and consents to this usage, including potential third-party licensing of processed data. SWAS retains the unrestricted right to use, process, analyse, license, and commercialise all images, data, and outputs created during the provision of Services for any lawful purpose including but not limited to: research and development, technical advancement, creation of derivative works, commercial licensing to third parties, industry analytics, and incorporation into databases or datasets. Where images contain identifiable property features, SWAS will implement appropriate measures to protect privacy in accordance with applicable data protection laws when commercially licensing such data to third parties.

Data Protection

SWAS processes personal data in accordance with applicable data protection laws including the UK GDPR. Where aerial imagery may capture personal data (including property information), SWAS acts as data controller for its own commercial purposes and as data processor when providing Services to Customers. Customers warrant they have obtained necessary permissions for data capture where required. SWAS’s Privacy Policy, available at www.inviewassets.co.uk, provides full details of data processing activities.

Data Retention: SWAS will retain raw flight data and processed outputs for a minimum of 12 months following delivery for quality assurance purposes. After this period, SWAS may retain data for its commercial purposes as outlined in the Intellectual Property section but is not obligated to maintain data for Customer access.

Delivery and Acceptance

Standard Deliverables: Unless otherwise agreed, standard deliverables include high-resolution imagery, point clouds, 3D models, or other data outputs in agreed formats and specifications as outlined in the Order. Any requests for alternative formats, additional processing, or enhanced specifications may incur additional charges at SWAS’s standard rates.

Delivery Timeline: Standard delivery of processed 3D outputs is within 10 business days of successful data capture, subject to weather delays and processing requirements. Other deliverables including 2D CAD, 3D BIM will be agreed as part of the project. Typically these are available 14-28 days post data capture.

Acceptance: Goods are deemed accepted 7 days after delivery unless You notify SWAS in writing of specific defects within that period. Any requests for re-processing or additional outputs beyond the agreed specification may incur additional charges.

Disputes: In the absence of You disputing any invoice from SWAS or the Services the invoice relates to within 14 days of its date, the invoice and those Services shall be deemed to be accepted by You. If You raise any claim concerning the Services within this period, SWAS shall be afforded at least 14 days to seek to remedy the defects and/or deficiencies complained of.

Site Access and Regulatory Compliance

The member of staff working on behalf of SWAS shall not be liable, and reserves the right to defer the date of delivery or to cancel the Contract or reduce the Services, if it is prevented from or delayed in the carrying on of its business due to circumstances beyond its reasonable control including, without limitation, unable to gain access to a site or the site is deemed unsafe to access.

Regulatory Compliance: All flights are conducted in accordance with Civil Aviation Authority (CAA) regulations. SWAS reserves the right to postpone or cancel flights due to airspace restrictions, NOTAM requirements, or other regulatory constraints. Customers must disclose any known flight restrictions affecting the Premises prior to scheduled flights.

Safety: SWAS shall comply with all applicable health and safety legislation. SWAS shall provide its personnel with standard safety equipment (hard hats, high-visibility clothing, safety footwear, etc.). although in some circumstances it will be unnecessary to wear / use PPE. You must inform SWAS of any site-specific hazards, safety requirements, or specialist safety equipment needed beyond standard PPE. SWAS reserves the right to refuse or suspend work if conditions are reasonably believed to be unsafe, without liability to You

Impacts of Weather

SWAS will not collect aerial data or imagery if the weather is deemed to be hazardous for the safe operation of the flight or not suitable for the required activity. This can include (but not limited to) wind, fog, precipitation, thunderstorms, turbulence risk, extremes of temperature, clouds and glare. We will communicate to customers on an individual basis potential weather hazards and if necessary, postpone or offer alternative dates. In some instances, it may be necessary to charge a “mobilisation fee”, if the client requires data to be captured on specific days or dates. This will reflect the costs incurred for staff travel, planning and accommodation if required.

Assignment and Sub-contracting

You shall not assign the benefit or burden of these Conditions or any part of them without SWAS’s prior written consent. SWAS may transfer, assign or subcontract all or any rights and obligations under these Conditions. SWAS shall be free to subcontract or otherwise deal with the whole or any part of the Services. Where any Services are supplied by a sub-contractor, SWAS shall be wholly responsible for the acts and omissions of such sub-contractor as though they were its own acts and omissions

Insurance

SWAS shall hold or effect policies in respect of public liability insurance in a sum not less than £5 million.  Details of insurance coverage are available on request.

Precision and Accuracy of Delivered Outputs

No liability for precision shall extend beyond the specified scale or output (e.g. average ground sampling distance: GSD) of graphical mapping, and digitised data. GSD is the distance between two consecutive pixel centres measured on the ground. Accuracy specifications conform to RICS professional standards for measured surveys, typically achieving RICS Band D accuracy (±10mm standard deviation) with Band E specifications (±25mm standard deviation) for conservative project planning, as validated through independent check point verification within 100 meters measurement range (relative accuracy applies to measurements between adjacent features within 100m as per RICS guidance). Accuracy (relative or absolute) is established via a systematic approach including: ground control points (GCPs) surveyed to centimetre-level precision using RTK GPS, independent check points for validation, and comprehensive software quality reporting through professional photogrammetry platforms. Independent check point validation provides the primary accuracy specification, representing surveyor-verified performance using points not used in model georeferencing. This is representing real-world survey performance throughout the project area. No liability for accuracy extends beyond estimates given via measurements of GCPs, Check Points and/or software quality reports. Overall georeferencing RMSE reported by processing software represents conservative mathematical uncertainty estimates and may exceed demonstrated check point accuracy due to network complexity and statistical modelling approaches. Accuracy is based on professional surveying protocols including RTK GPS data collection, appropriate ground control distribution, and RICS-compliant survey methodology. You must understand the limitations of GNSS/RTK surveying (our outputs achieve high internal precision with accuracy specifications limited by RTK survey reference accuracy of ±20mm), photogrammetry processes (where used), and environmental factors beyond the control of SWAS (such as atmospheric conditions, solar weather, distance from NTRIP base corrections, and site-specific challenges) which can impact accuracy.

SWAS maintains professional standards through RICS-approved data collection workflows, multi-software validation when required, and systematic quality assurance procedures to ensure deliverables meet specified accuracy bands for intended applications. Additional information can be found here.

Confidential Information

In the event the Order is cancelled by either party, each party must return to the other party all confidential information and documentation owned by that other party. Confidential information transferred between the parties for the provision of the Services shall only be used for its intended purpose. The parties may disclose Confidential information if required by law, they have been given written consent or during legal proceedings relating to the provision of the Goods and/or Services. All clauses above survive the termination of this agreement.

Dispute Resolution

The parties agree to attempt resolution of any disputes through good faith negotiation for 30 days before commencing legal proceedings. For disputes under £10,000, the parties agree to consider binding arbitration as an alternative to court proceedings.

Force Majeure

Neither party will be liable for inadequate performance to the extent caused by a condition (for example, natural disaster, act of war or terrorism, riot, labour condition, governmental action, and Internet disturbance) that was beyond the party’s reasonable control.

Terms Updates

SWAS reserves the right to update these Conditions with reasonable notice to existing customers. Updated terms will apply to new Orders placed after the notification date. Current terms are available at www.inviewassets.co.uk.

General

SWAS will not be held responsible for failure or delay in carrying out the services due in whole or in part to any circumstances whatsoever beyond its reasonable control. No delay by SWAS in enforcing any right in respect of any breach of these Conditions by You shall constitute a waiver of such right.

If any term of these Conditions is unenforceable, such unenforceability shall not affect the enforceability of the remainder of the terms in these Conditions. These Conditions constitute the entire agreement between both parties. You acknowledge that You have not relied on any oral or written representations or statements not contained in these Conditions. These Conditions are subject to English law and to the exclusive jurisdiction of the courts of England and Wales.

Document Version: 1.9
Last Updated: October 2025