Terms and Conditions

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Payment & Pricing

Due to the nature of digital photography and the fact that photographs, once sent, cannot be revoked, Thermal Hawks requires full payment before product delivery. After shooting, a final invoice will be sent which describes the project costs and payment procedures. Deposits may be applicable for projects costing over $1,000. 

If deemed necessary by Thermal Hawks, additional costs that are not included in the project quote may apply. These costs will be represented on the final invoice and can include travel, parking, on site hourly costs, expedited delivery, flash drive delivery, and additional services at the request of the client after signing.

Cancellation or Rescheduling

Thermal Hawks does NOT charge for client cancellations or rescheduling of a shooting. Travel costs and on site hourly costs will apply however if a cancellation or rescheduling occurs while Thermal Hawks personal are in route or after arriving on site. Thermal Hawks has the right to cancel or reschedule a shoot at its discretion.

Airspace & Waivers

Every pilot at Thermal Hawks is fully qualified and licensed under CFR FAA Part 107 to perform commercial drone operations. Personal are well versed in, but are not limited to, state, federal, or local airspace laws and regulations, airspace waivers, risk management, flight planning, emergency procedures, preflight checklists, drone privacy, operating in coordination with manned aircraft, and suitable operating environments.

Airspace conditions may change without warning and may result in a delay, rescheduling, or cancellation of the flight mission. The client is responsible for any travel or on site hourly costs if a delay, rescheduling, or cancellation is required when Thermal Hawks personnel are in route or on site.

In the event that the proposed flight location requires the writing, submission, and approval of an FAA flight waiver, a $94 fee will be added to the overall project cost. It is Thermal Hawks responsibility to properly research and submit for necessary approvals. 

Weather

Weather is an unpredictable factor that can result in cancellations, reschedules, or delays in the planned flight mission. Weather conditions that can affect UAS operation include, but is not limited to, wind, rain, snow, and fog. Thermal Hawks pilots will consistently check for suitable weather before deployment and effectively communicate with the client on possible cancellations, reschedules, or delays. Thermal Hawks reserves the right to reschedule the project based on weather conditions at its discretion. 

Delivery

All projects will be delivered via email using Google Drive if necessary for easy sharing and download. Other methods of digital delivery are acceptable upon request. Project deliverables are typically completed and returned within 7 business days after receiving full payment. Flash drive delivery is also available for an additional cost of $20 per drive plus delivery cost.

Editing Revisions

Thermal Hawks offers unlimited free editing revisions up until 30 business days after deliverable approval. Raw footage may be deleted after this time window. 

Customer Satisfaction

If you are not satisfied with your deliverables we ask that you communicate your concerns and allow us to make the appropriate corrections. This may include a re-edit or reshoot. 

Failure to Perform

If Thermal Hawks cannot perform the agreed upon service in whole or in part due to an emergency, equipment failure, or cause beyond one’s control, then Thermal Hawks will refund all paid costs to the client excluding deposits.

Website Use

Please read these Terms and Conditions (“Terms”, “Terms and Conditions”) carefully before using the www.thermalhawks.com Website (the “Website”) operated by Thermal Hawks, a(n) Limited Liability Company formed in New York (“us”, “we”, “our”) as these Terms and Conditions contain important information regarding limitations of our liability. Your access to and use of the Website is conditional upon your acceptance of and compliance with these Terms. These Terms apply to everyone, including, but not limited to: visitors, users and others, who wish to access or use the Website.

By accessing or using the Website, you agree to be bound by these Terms. If you disagree with any part of the terms, then you do not have our permission to access or use the Website.

Availability, Errors and Inaccuracies

We assume no liability for availability, errors, or inaccuracies in the information provided on this Website. We may experience delays in updating information on the Website and in our advertising on other websites. The information, products, and services found on the Website may contain errors or inaccuracies or may not be complete or current. Services may be incorrectly priced, described inaccurately, or unavailable on the Website, and we cannot guarantee the accuracy or completeness of any information found on the Website. We expressly reserve the right to correct any pricing errors on our Website.

We make no representations about the suitability of the information, products, and services contained on this Website for any purpose, and the inclusion or offering of any products or services on this Website does not constitute any endorsement or recommendation of such products or services by us. We disclaim all warranties and conditions that this Website, its servers, or any email sent from us are free of viruses or other harmful components.

Links to Third-Party Sites

This Website may contain hyperlinks to websites operated by parties other than us. We provide such hyperlinks for your reference only. We do not control such websites and are not responsible for their contents or the privacy or other practices of such websites. Further, it is up to you to take precautions to ensure that whatever links you select or software you download (whether from this Website or other websites) is free of such items as viruses, worms, trojan horses, defects and other items of a destructive nature. Our inclusion of hyperlinks to such websites does not imply any endorsement of the material on such websites or any association with their operators.

Intellectual Property

All contents of this Website are ©2021 Thermal Hawks. All rights reserved. Website, and all content and other materials on this Website, including, without limitation, all logos, designs, text, graphics, pictures, information, data, software, sound files, other files and the selection and arrangement thereof (collectively, ” Content “) are the proprietary property of Thermal Hawks and are either registered trademarks or trademarks of Thermal Hawks in the U.S. and/or other countries. Other logos and product and company names mentioned herein may be the trademarks of their respective owners. We are not responsible for content on websites operated by parties other than us.

If you are aware of an infringement of our intellectual property, please let us know by contacting us at info@thermalhawks.com.

We respect the intellectual property rights of others. It is our policy to respond to any claim that Content posted on the Website infringes on the copyright or other intellectual property rights of any person or entity.

If you are a copyright owner, or authorized on behalf of one, and you believe that the copyrighted work has been copied in a way that constitutes copyright infringement, please submit your claim via email to thermalhawks@gmail.com, with the subject line: “Copyright Infringement” and include in your claim a detailed description of the alleged infringement as detailed below, under “DMCA Notice and Procedure for Copyright Infringement Claims”. 

You may be held accountable for damages (including costs and attorneys’ fees) for any misrepresentation or bad-faith claims on the infringement of any Content found on and/or through the Website on your copyright.

If you believe in good faith that materials hosted by us infringe your copyright, you (or your agent) may send us a written notice that includes the following information. Please note that we will not process your complaint if it is not properly filled out or is incomplete. To report that your intellectual property rights have been infringed upon, please email us at thermalhawks@gmail.com and include the following information:

an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright’s interest;

a description of the copyrighted work that you claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work;

your address, telephone number, and email address;

a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.

Damages

IN NO EVENT SHALL THERMAL HAWKS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, YOUR ACCESS TO, DISPLAY OF OR USE OF THIS WEBSITE OR WITH THE DELAY OR INABILITY TO ACCESS, DISPLAY OR USE THIS WEBSITE (INCLUDING, BUT NOT LIMITED TO, YOUR RELIANCE UPON OPINIONS APPEARING ON THIS WEBSITE; ANY COMPUTER VIRUSES, INFORMATION, SOFTWARE, LINKED SITES, PRODUCTS AND SERVICES OBTAINING THROUGH THIS WEBSITE; OR OTHERWISE ARISING OUT OF THE ACCESS TO, DISPLAY OF OR USE OF THIS WEBSITE WHETHER BASED ON A THEORY OF NEGLIGENCE, CONTRACT, TORT, STRICT LIABILITY, CONSUMER PROTECTION STATUTES, OR OTHERWISE, AND EVEN IF THERMAL HAWKS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF, DESPITE THE LIMITATION ABOVE, THERMAL HAWKS IS FOUND LIABLE FOR ANY LOSS OR DAMAGE WHICH ARISES OUT OF OR IN ANY WAY CONNECTED WITH ANY OF THE OCCURRENCES DESCRIBED ABOVE, THEN THE LIABILITY OF THERMAL HAWKS WILL IN NO EVENT EXCEED THE SERVICE FEES YOU PAID TO THERMAL HAWKS IN CONNECTION WITH SUCH TRANSACTION(S) ON THIS WEBSITE. THE LIMITATION OF LIABILITY REFLECTS THE ALLOCATION OF RISK BETWEEN THE PARTIES. THE LIMITATIONS SPECIFIED IN THIS SECTION WILL SURVIVE AND APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED IN THESE TERMS OF USE IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. THE LIMITATIONS OF LIABILITY PROVIDED IN THESE TERMS OF USE INURE TO THE BENEFIT OF THERMAL HAWKS.

Governing Law, Severability, Dispute Resolution, and Venue

These Terms shall be governed and construed in accordance with the laws of County, New York, United States, without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Website, and supersede and replace any prior agreements we might have had between us regarding the Website.

Any controversy or claim arising out of or relating to these Terms and Conditions including, without limitation, the interpretation or breach thereof, shall be resolved in a court of competent jurisdiction in New York.

Changes

We reserve the right to amend this policy at any time without any prior notice to you.

Questions

If you have any questions about our Terms and Conditions, please contact us at info@thermalhawks.com.

Last updated: 2021-08-21