THIS DOCUMENT CONTAINS VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS AND EXCLUSIONS THAT MIGHT APPLY TO YOU. PLEASE READ IT CAREFULLY. THESE TERMS REQUIRE THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS. BY USING THIS WEBSITE OR CONTRACTING FOR SERVICES WITH A THIRD PARTY(“PROVIDER”) FROM THIS WEBSITE, YOU ACCEPT AND ARE BOUND BY THESE TERMS AND CONDITIONS.
YOU MAY NOT ORDER OR OBTAIN SERVICES FROM THIS WEBSITE IF YOU (A) DO NOT AGREE TO THESE TERMS, (B) ARE NOT THE OLDER OF (I) AT LEAST 18 YEARS OF AGE OR (II) LEGAL AGE TO FORM A BINDING CONTRACT OR (C) ARE PROHIBITED FROM ACCESSING OR USING THIS WEBSITE OR ANY OF THIS WEBSITE’S CONTENTS OR SERVICES BY APPLICABLE LAW.
These terms and conditions (these “Terms”) apply to the purchase of any services through (the “Site”). These Terms are subject to change by Drones 4 Hire, LLC (referred to as “drones 4 hire”,“us”, “we”, or “our” as the context may require) without prior written notice at any time, in our sole discretion. The latest version of these Terms will be posted on this Site, and you should review these Terms prior to use of any services on this Site. Your continued use of this Site after a posted change in these Terms will constitute your acceptance of and agreement to such changes.
Description of Service. Drones 4 Hire, LLC provides User with a website that is an online venue for buyers (referred to hereinafter as “Buyer” or “Buyers” as the context may require) and service providers (referred to as “Provider”, “Providers” or “Operator” as the context may require)to connect and contract with one another for various services using an unmanned aerial vehicle (UAV) or “drone”. Buyers and Providers must register for an Account in order to bid, post projects, and buy or sell services and products. Drones 4 Hire, LLC is not a party to any contract or agreement entered into by Buyers and Providers. Drones 4 Hire, LLC does not warrant the quality of any services provided by Providers nor that the services will be suitable for Buyer’s needs. Drones 4 Hire, LLC depends upon the Buyers and Providers to warrant that they will follow the terms of any agreement or contract made between the two parties.
“Account” means the account you open when you register on the Website. “Provider” a User that provides services to a Buyer through the Website
“Buyer means” a User that investigates and purchases Provider Services or items from Provider or identifies a Provider through the Website.
“Inactive Account” means a User Account that has not been logged into for a continuous 6 month period.
“Payment” means a prepayment made to Drones 4 Hire, LLC by the Buyer for the provision of Provider Services under a User Contract and which will be released in accordance with the section “Create Payments” below.
“Project” or “Job” means a job offered or awarded by a Buyer via the Website, which may include a Project by a Buyer, a project awarded by a Buyer (for example through “Award” project), a service bought by a Buyer from a Provider, and service awarded by a Buyer to a Provider as a result of competitive bidding hosted via the Website.
“User”, “you” or “your” means an individual who visits or uses the website
“Website” collectively means the websites operated by Drones 4 Hire, LLC and available at www.drones4hire.com and any related Drones 4 Hire, LLC’s service, tool or application.
Prices and Payment Terms.
(a) Fees: Submitting/posting a listing to Drones 4 Hire Service is free. If a Provider is subsequently hired to perform a Service then a fee (hereinafter “Commission” or “Commissions” as the context may require) of 20% of the total service price is charged. This is charged when the service is ordered by way of a deduction from the payment to Provider. When Buyers and Providers enter into a contract for services, Drones 4 Hire, LLC collects a commission (“Commission Rates”) on the purchase price for its services as the parties’ agent for payment. Commissions are only charged to Providers, at the time the funds for a service are released by the Buyer and to the Provider. All Commission rates posted on this Site are subject to change without notice. The Commission rate charged for services contracted with the third party Provider will be the price in effect at the time the project is/was awarded and will be set out in the Provider’s invoice/receipt confirmation e-mail. Commission rate increases will only apply to orders placed after such changes.
(b) Making a Payment: Terms of payment for Commission rates are within our sole discretion and unless otherwise agreed by us in writing, payment must be received by us before the Provider may perform the services. We accept PayPal, Visa, MasterCard, AMEX and Discover for all purchases. You represent and warrant that (i) the credit card or payment information you supply to us is true, correct and complete, (ii) you are duly authorized to use such method for the purchase, (iii) charges incurred by you will be honored by your credit card company or financial institution, and (iv) you will pay charges incurred by you at the posted prices, including all applicable taxes, if any.
(c) Releasing Payment: When a Provider has provided the goods or services or completed the task requested by a Buyer seeking service, the Buyer must log on to the Website and click the “Release ” button for that service/project/job. Failure to complete the service or task will constitute a breach of this User Agreement.
(d) Insufficient Funds: If any payment made by User fails or User’s account balance becomes negative for any reason, Drones 4 Hire, LLC reserves the right to take all actions permitted under the law to recover payment, including but not limited to set-off and payment reversal.
(e) Account Balances: User may have a positive account balance from prepaid funds or released payments. Drones 4 Hire, LLC maintains all funds at reputable U.S. financial institutions. Drones 4 Hire does not provide any banking or escrow services. User’s funds will be commingled with those of other Users. A user is not entitled to interest for any funds maintained in the account.
(f) Withdrawing Payment: Funds will be made available for withdrawal from User’s account in accordance with Drones 4 Hire, LLC’s fraud prevention policy. The first withdrawal from a User’s account will be delayed by up to 15 days for verification purposes. Subsequent withdrawals may be subject to delay if necessary to comply with our fraud prevention policy. Drones 4 Hire, LLC reserves the right to delay any withdrawal when fraud is suspected.
(g) Identity Verification: User agrees to submit all information and evidence requested by Drones 4 Hire, LLC to establish and verify identity. However, Drones 4 Hire, LLC does not guarantee the identity of any User or ensure that a Provider will complete a transaction.
(h) Chargebacks: In the event of a chargeback, Drones 4 Hire, LLC is entitled to recover all losses and fees incurred and will use all legal means necessary to recover such funds. Any dispute involving a chargeback is strictly between the Buyer and Provider.
Limitation of Liability. Any services you purchase through the website are contracted with a third party Provider you select. Drones 4 Hire, LLC is not a party to your contract with the third party Provider. Drones 4 Hire, LLC only acts as an independent agent authorized only to collect payment from the Buyer on behalf of the Provider. Drones 4 Hire, LLC makes no claims or promises with respect to any third party, including Providers listed on the site. Accordingly, your purchase and use of products or services offered by Providers through the site is at your own discretion and risk. Any dispute between the Buyer and Provider must be resolved by those parties, Drone 4 Hire, LLC will not act as an arbiter or mediator.
DRONES 4 HIRE, LLC’S LIABILITY WILL UNDER NO CIRCUMSTANCES EXCEED THE ACTUAL COMMISSION RATE PAID BY BUYER FOR THE SERVICE THAT BUYER HAS PURCHASED THROUGH THE SITE, NOR WILL WE UNDER ANY CIRCUMSTANCES BE LIABLE FOR ANY LOSS OF PRODUCTION, WORK, DATA, USE, BUSINESS, GOODWILL, REPUTATION, REVENUE OR PROFIT, ANY DIMINUTION IN VALUE, COSTS OF REPLACEMENT GOODS OR SERVICES, OR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES OR LOSSES, WHETHER DIRECT OR INDIRECT.
WWW.DRONES4HIRE.COM AND DRONES 4 HIRE, LLC WILL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER, AND IN PARTICULAR WWW.DRONES4HRE.COM AND DRONES 4 HIRE, LLC WILL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOSS OF REVENUE, OR LOSS OF USE, ARISING OUT OF OR RELATED TO THIS WEB SITE OR THE INFORMATION CONTAINED IN IT, WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW, OR OTHERWISE. DRONES 4 HIRE, LLC MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, ABOUT THE COMPLETENESS, ACCURACY, RELIABILITY, SUITABILITY OR AVAILABILITY WITH RESPECT TO THE WEBSITE OR THE INFORMATION, SERVICES, OR RELATED GRAPHICS, OR VIDEOS CONTAINED ON THE WEBSITE FOR ANY PURPOSE. ANY RELIANCE USER PLACES ON SUCH INFORMATION IS THEREFORE STRICTLY AT USER’S OWN RISK.
IN NO EVENT WILL WWW.DRONES4HIRE.COM OR DRONES 4 HIRE, LLC BE LIABLE FOR ANY LOSS OR DAMAGE INCLUDING WITHOUT LIMITATION, INDIRECT OR CONSEQUENTIAL LOSS OR DAMAGE, OR ANY LOSS OR DAMAGE WHATSOEVER ARISING FROM LOSS OF DATA OR PROFITS ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS WEBSITE.