Terms of Service for Drone Inspections

Welcome

Thank you for choosing JC Consultants Ltd. These Terms of Service apply specifically to inspections where we use a drone (UAV) to assess parts of a property that are inaccessible by ladder — such as roofs, chimneys, or other elevated exterior features.
Please read them carefully, as they form part of our agreement with you.

1. What This Service Includes

Our drone inspection service provides:

  • A visual aerial inspection using drone technology

  • Digital images or video of elevated exterior areas (e.g., roof, chimneys, cladding)

  • A written report including those images, based on what is visible from the drone footage

  • Observations about the condition of the inspected areas (e.g. damage, wear, blockage, deterioration)

Full Building Inspection vs Standalone Drone Service:

  • If the drone is used as part of a full building inspection, the inspection will incorporate and follow the New Zealand Property Inspection Standard NZS 4306:2005.

  • If the drone is used as a standalone service, the inspection does not follow NZS 4306:2005, and is not considered a comprehensive building report.

This service is limited to what can be observed visually via drone on the day. It does not include internal inspections, compliance assessments, or structural engineering advice.

2. Limitations of the Inspection

Drone inspections are visual and non-invasive. They do not include:

  • Internal roof spaces, framing, insulation, or flashings beneath cladding

  • Structural engineering assessments

  • Testing for moisture, weather tightness, or thermal performance

  • Assessment of compliance with the NZ Building Code or local council bylaws

If areas are obstructed (e.g. by trees, solar panels, or weather), or the drone cannot safely fly due to conditions or regulations, those areas may be excluded. We will let you know if this affects your inspection.

3. Your Responsibilities

To help us complete the drone inspection safely and legally, you agree to:

  • Provide access to the property and ensure the site is safe for inspection

  • Inform us of any known hazards (e.g. power lines, nesting birds, unsafe access, pets, or site restrictions).  We may postpone or modify operations if conditions are unsafe or non‑compliant

  • Obtain consent from any persons we would fly over (including occupants or contractors present). Where consent cannot be practically obtained (e.g., public footpaths), we will avoid flying over people

  • Obtain consent from the property owner (if you are not the owner)

  • Ensure that any necessary neighbour permissions are arranged,  where flight paths or imagery may incidentally capture parts of their property

  • Allow us to reschedule if weather or site conditions make drone operation unsafe

4. Use of Drones – Legal and Safety Compliance

We operate under Civil Aviation Authority (CAA) Part 101 rules. This means:

  • We must keep the drone within line of sight, below 120 metres from the ground, and away from people and buildings without consent

  • We cannot fly in restricted airspace without specific authorisation

·       If the property is located within 4 km of an aerodrome or in controlled airspace, additional authorisation under CAA Part 102 may be required. This may delay or prevent the inspection.

  • We may need to delay or cancel the inspection if weather, safety, or regulatory conditions require it

·       We comply with the Civil Aviation Act 2023 responsibilities for the Pilot in Command. If a safety concern or legal restriction arises, we may abort, delay, or modify flights

If we are unable to complete the inspection due to legal restrictions or safety issues, we will let you know as soon as possible and offer a reschedule or refund.

5. Fees, Payment and Rescheduling

  • You will receive a quote before the inspection.

  • Payment is due prior to the survey being undertaken and the report released.

  • Accounts not paid by the due date will incur a late payment interest charge of 5% of the total amount owing for each calendar month the account remains overdue, together with all debt collection costs.

Cancellation

  • If you cancel the inspection, you agree, in consideration of us reserving an inspection time for you, to pay a cancellation fee equal to the full cost of the inspection and report, unless we receive at least 24 hours (one full working day) written notice of cancellation, in which case no fee will be payable.

  • You are entitled to one free weather-related reschedule if conditions make drone operation unsafe. Any further rescheduling may incur an additional fee.

6. Delivery and Report Use

  • You will receive a written report that includes relevant drone images captured during the inspection.

7. Limitation of Liability and Indemnity

  • Subject to any statutory provisions, if we become liable to you, for any reason, for any loss, damage, harm, or injury in any way connected with the completion of the inspection and/or report, our liability shall be limited to a sum not exceeding the fees paid for the inspection and report.

  • We will not be liable to you for any consequential loss of whatever nature suffered by you or any other person, and you indemnify us in respect of any claims concerning any such loss.

  • You indemnify us against any claims, fines, or penalties arising from your failure to obtain required consents or comply with applicable laws.

  • You indemnify us from any and all claims by the owner or any third party arising from the release of all or part of the Building Report and/or Report Summary. Further, you shall pay all legal costs incurred by us arising from such claims. 

  • Our reports represent our professional opinion based on the conditions observed at the time of inspection. In some cases, we may recommend further investigation or specialist input (e.g. roofing contractors, engineers, or weathertightness specialists). Acting on our recommendations is your responsibility.

8. Privacy and Data

  • We handle personal information and imagery in accordance with the Privacy Act 2020 and the Privacy Commissioner’s guidance for drones. Where imagery may incidentally include individuals or neighbouring property, we minimise personal information, avoid identifying individuals, and redact/crop on request where feasible.

  • We retain all images, reports, and related files as part of our inspection records and may keep them for several years for quality assurance and internal reference.

  • We may use anonymised, non-identifiable images for training or marketing purposes unless you ask us not to in writing.  We will not use any images that identify your property without your explicit written consent

  • We will take reasonable steps to notify persons of collection (e.g., on‑site signage), consistent with the Information Privacy Principles and the new IPP 3A (indirect notification) guidance where applicable.

  • Individuals may request access to personal information (images) consistent with IPP 6; we will respond per the Privacy Act 2020.

  • We will not make or publish intimate visual recordings (as defined in the Crimes Act) and will not engage in harmful digital communications.

9. Disputes and Jurisdiction

  • If you have a concern about the service, please contact us within 14 days of receiving your report.

  • These terms are governed by New Zealand law, and disputes will be handled by the NZ courts.

·These terms are in addition to our usual terms and conditions, which are available on our website (https://www.jcconsultants.nz/jcconsultantstermsandconditions).  If there are any inconsistencies with our usual terms and these terms for drone use, these terms will apply.

10. Client Acknowledgement

  • You acknowledge that this drone inspection is a visual, non-invasive assessment based only on what is accessible and visible at the time of inspection.

  • You understand that the inspection does not include structural, internal, or weathertightness evaluations, unless specifically stated otherwise in writing.

  • You accept that any areas obstructed by weather, vegetation, site conditions, or flight restrictions may not be assessed.

  • You agree that the report is prepared for your use only, based on the conditions present at the time of inspection.

  • You acknowledge that this report is prepared solely for your use and is not intended to be relied upon by, or provided to, any third party without our written consent.

11. Force Majeure

  • We are not liable for any delay or failure to perform our obligations under these terms if the delay or failure is due to causes beyond our reasonable control. This includes, but is not limited to, severe weather, natural disasters, illness, airspace restrictions, equipment failure, regulatory changes, or other unforeseen events that prevent safe or lawful operation of the drone.

12. Flight Limitations and Exclusions

  • We may exclude areas obstructed by vegetation/structures or where flight would breach airspace restrictions (e.g., low‑flying zones, special‑use airspace) or require authorisations not reasonably obtainable.

  • We will not deliberately capture imagery of private activities in places with a reasonable expectation of privacy. We will refuse any instruction inconsistent with law or our safety obligations.

I/we have read the above Terms and Conditions and by filling out the details in the boxes below I/we agree to be bound by them.