1.1 In these Terms and Conditions, unless the content otherwise requires:
“Agreement” means the proposal, quotation, statement of work or other written agreement issued by BunjilView and accepted by the Client, together with these Terms and Conditions.
“Client” means the person, company, government body, or other legal entity engaging BunjilView to provide the Services.
“Data” means any imagery, LiDAR datasets, hyperspectral datasets, point clouds, terrain models, spatial layers, reports, analytics, metadata or other information captured, processed, or generated in connection with the Services.
“Environmental Conditions” includes weather, atmospheric conditions, airspace restrictions, natural disasters, fire, flood, smoke, dust, wind, solar position, emergency notices, or any other environmental factor affecting flight safety or data integrity.
“Force Majeure Event” means any event or circumstance beyond the reasonable control of BunjilView, including but not limited to natural disasters, airspace closures, regulatory changes, government directions, labour disputes.
“Intellectual Property” means all present and future intellectual property rights including copyright, trademarks, patents, designs, trade secrets, know-how, algorithms, methodologies, software, workflows, and technical processes.
“RPAS” means Remotely Piloted Aircraft Systems operated under BunjilView’s Remote Operator Certificate.
“Services” means the remote sensing, aerial data capture, environmental intelligence, data processing, analytics, reporting, and related services provided by BunjilView under the Agreement.
1.2 A reference to legislation includes any amendment, re-enactment, or replacement of that legislation.
1.3 Headings are for convenience only and do not affect interpretation.
1.4 If there is any inconsistency between the proposal and these Terms, these Terms prevail unless expressly agreed otherwise in writing.
2.1 These Terms and Conditions apply from the date the Client accepts a proposal, quotation, or other written offer issued by BunjilView, and continue for the duration specified in the Agreement or, where no other duration is specified, until completion of the Services or termination in accordance with this Agreement.
2.2 Subject to the Client’s compliance with this Agreement, BunjilView agrees to provide the Services described in the applicable proposal or statement of work.
2.3 The Client acknowledges that the Services may be provided in stages and may involve preliminary assessments, site inspections, data capture activities, post-processing, analysis, reporting, and where applicable, ongoing monitoring agreements.
2.4 Nothing in this Agreement creates a partnership, joint venture, employment, agency, or fiduciary relationship between the parties. BunjilView provides the Services as an independent contractor.
2.5 Where the Services are provided on a staged or milestone basis, each stage is deemed severable. Completion of one stage does not guarantee that subsequent stages will proceed unless expressly agreed in writing.
3.1 BunjilView will provide the Services with reasonable skill, care, and diligence consistent with industry standards applicable to remote sensing, RPAS operations, geospatial processing, and environmental intelligence.
3.2 The Services may include, without limitation, aerial data acquisition using RPAS platforms, hyperspectral imaging, LiDAR scanning, photogrammetry, satellite data integration, geospatial processing, analytical modelling, dashboard development, and preparation of reports or spatial outputs.
3.3 The precise scope of the Services will be defined in the relevant proposal, quotation, or statement of work. Any services not expressly included in that documentation are excluded unless agreed in writing.
3.4 The Client acknowledges that the Services are dependent upon site conditions, environmental factors, regulatory constraints, data availability, and operational safety considerations. BunjilView retains discretion as to the appropriate methodology, equipment selection, flight parameters, and processing techniques necessary to deliver the agreed outcomes, provided that such discretion is exercised reasonably and in accordance with regulatory requirements.
3.5 Any variation to the scope of the Services, including changes to geographic coverage, data resolution, reporting outputs, or monitoring frequency, must be agreed in writing and may result in adjustments to pricing, timelines, or deliverables.
3.6 BunjilView is not responsible for services, deliverables, or outcomes that fall outside the agreed scope, including downstream engineering, legal, regulatory certification, construction, or operational decisions made by the Client or third parties based on the Data.
3.7 BunjilView may engage qualified subcontractors or specialist consultants to assist in the provision of the Services. Unless otherwise agreed in writing, BunjilView remains responsible for the performance of the Services in accordance with this Agreement.
4.1 BunjilView will conduct all RPAS and aerial data acquisition activities in accordance with applicable laws, including the Civil Aviation Act 1988, Civil Aviation Safety Regulations 1998, and all relevant Civil Aviation Safety Authority (CASA) requirements, together with any applicable State or Territory aviation, safety, environmental, or land access regulations.
4.2 All flight operations are conducted under BunjilView’s Remote Operator Certificate (ReOC). The Client acknowledges that BunjilView retains sole operational control over all aircraft, flight paths, sensor configurations, safety decisions, and go/no-go determinations.
4.3 The Client must not direct, instruct, or require BunjilView to operate outside regulatory requirements, approved operational procedures, airspace restrictions, or safety limitations.
4.4 Where site-specific permits, land access approvals, cultural heritage clearances, or authority consents are required, the Client warrants that such permissions have been lawfully obtained unless expressly agreed otherwise in writing.
4.5 BunjilView may suspend, delay, or refuse to conduct any flight operation where it reasonably considers that:
(a) regulatory compliance cannot be achieved;
(b) airspace restrictions prevent lawful operation;
(c) site access is unsafe;
(d) cultural or environmental constraints require reassessment; or
(e) operational risk exceeds acceptable thresholds under its safety management system.
4.6 Any suspension or delay under this clause does not constitute breach of this Agreement.
5.1 The Client acknowledges that the performance of the Services, including RPAS operations and aerial data acquisition, is inherently dependent on environmental and atmospheric conditions.
5.2 BunjilView does not warrant or guarantee that data capture will occur on any specific date or within any specific timeframe where environmental conditions prevent safe, lawful, or technically suitable operations.
5.3 Without limitation, flight operations and data acquisition may be delayed, rescheduled, modified, or cancelled due to:
(a) adverse weather conditions, including wind, rain, cloud cover, extreme temperatures, lightning, or reduced visibility;
(b) smoke, dust, atmospheric interference, or solar position affecting data integrity;
(c) natural disasters, bushfires, floods, storms, or other environmental events;
(d) emergency airspace restrictions, NOTAMs, or regulatory directives;
(e) equipment safety limitations; or
(f) any other Environmental Condition affecting operational safety or data quality.
5.4 Where environmental or operational conditions materially affect the integrity, resolution, or quality of Data, BunjilView may determine that the capture should not proceed or that alternative methodologies are required.
5.5 Any delay, suspension, or modification of the Services arising from Environmental Conditions does not constitute a breach of this Agreement.
5.6 Neither party will be liable for any delay or failure to perform its obligations under this Agreement to the extent that such delay or failure is caused by a Force Majeure Event. The affected party must notify the other party as soon as reasonably practicable of the occurrence of the Force Majeure Event and its expected duration.
5.7 A Force Majeure Event includes, without limitation, natural disasters, government directives, regulatory changes, airspace closures, civil disturbance, industrial disputes, equipment failure not caused by negligence, or disruption to telecommunications or cloud infrastructure services.
6.1 The Client warrants that it has the legal authority to engage BunjilView to perform the Services in the nominated geographic area.
6.2 Where the Client is the landowner, Traditional Owner group, leaseholder, or authorised representative of the land in question, the Client warrants that it has the authority to grant access for the purposes of the Services.
6.3 Where land access approvals, cultural heritage consents, or third-party permissions are required and are to be obtained by the Client, the Client must ensure that such permissions are obtained prior to the commencement of the Services.
6.4 The Client must disclose to BunjilView any known site-specific risks, including but not limited to hazardous conditions, restricted access areas, operational sensitives, infrastructure hazards, or culturally sensitive zones that may affect safe flight operations.
6.5 The Client must not interfere with, direct, or attempt to override operational safety decisions made by BunjilView during flight planning or execution.
6.6 BunjilView is entitled to rely on information provided by the Client. The Client is responsible for the accuracy and completeness of any information, specifications, site constraints, boundaries, control points, reference datasets, or third-party materials provided to BunjilView. BunjilView is not liable for any loss, inaccuracy, or limitation in the Data arising from incorrect, incomplete, or misleading information supplied by the Client, including where:
(a) the Client provides inaccurate, incomplete, or outdated information or materials; or
(b) deliverables are impacted by site constraints, boundaries, access limitations, or third-party materials provided by the Client.
6.7 The Client must ensure that no third party interferes with BunjilView’s lawful operation of RPAS during the provision of the Services.
6.8 The Client is responsible for ensuring that the site is safe and accessible for the provision of the Services, including ensuring that all relevant hazards are identified and communicated to BunjilView prior to operations.
6.9 The Client must ensure that all personnel present at the site comply with safety directions issued by BunjilView during the performance of the Services.
6.10 BunjilView may suspend operations if site conditions present a safety risk to personnel, equipment, or third parties.
6.11 The Client must ensure that the site is managed in a manner that prevents interference with RPAS operations, including controlling unauthorised access to take-off and landing zones, and ensuring that third parties do not obstruct, distract, or interfere with aircraft, flight crew, or equipment.
6.12 To the maximum extent permitted by law, the Client is responsible for any loss of or damage to BunjilView equipment caused by the Client, its personnel, contractors, invitees, or third parties at the site, except to the extent caused by BunjilView’s negligence or wilful misconduct.
6.13 If RPAS operations are delayed, suspended, or terminated due to site interference, unsafe site conditions, or failure by the Client to meet its obligations under this clause, BunjilView may charge reasonable standby, re-attendance, and remobilisation costs.
7.1 The Services may involve the capture, processing, analysis, and delivery of geospatial and environmental datasets using remote sensing technologies, including RPAS platforms, hyperspectral sensors, LiDAR systems, photogrammetry workflows, satellite data integration, and associated analytical tools.
7.2 Following data acquisition, BunjilView may undertake post-processing activities which may include without limitation:
(a) sensor calibration and correction;
(b) georeferencing and spatial alignment;
(c) noise reduction and quality filtering;
(d) generation of derived products including orthomosaics, point clouds, terrain models, vegetation indices, or analytical outputs; and
(e) preparation of visualisations, reports, or digital platforms where applicable.
7.3 BunjilView will implement reasonable quality assurance and validation procedures consistent with industry practices in remote sensing, geospatial analysis, and environmental data processing.
7.4 Deliverables provided under the Services may include raw datasets, processed datasets, analytical outputs, spatial models, reports, visualisations, or digital platforms as specified in the relevant proposal, quotation, or statement of work.
7.5 Unless otherwise specified in writing, BunjilView retains discretion over the processing methodologies, analytical workflows, and software tools used to generate deliverables, provided that such methodologies are consistent with industry standards.
7.6 The Client acknowledges that remote sensing outputs may be influenced by environmental conditions, sensor limitations, access constraints, and available data inputs, and that derived outputs represent analytical interpretations based on available information.
7.7 Data and deliverables may be provided via secure download links, encrypted transfer, cloud storage platforms, or other electronic transfer methods. Delivery is deemed complete when the Client is provided access to the Data or deliverables.
7.8 The Client must review deliverables within ten business days of delivery and notify BunjilView in writing of any material non-conformity with the agreed scope.
7.9 If the Client does not notify BunjilView within that period, the deliverables are deemed accepted.
7.10 Where a material non-conformity is notified within the review period, BunjilView will use reasonable efforts to rectify the non-conformity within a reasonable time, provided the issue relates to the agreed scope and is not caused by Environmental Conditions, third-party systems, or Client-supplied information
8.1 As between the parties, all raw Data captured during the provision of the Services, including imagery, LiDAR point clouds, hyperspectral datasets, and associated metadata, remains the property of the Client.
8.2 BunjilView will securely store the Data for the duration of the Services and for a reasonable period thereafter in accordance with its data retention policies and regulatory obligations.
8.3 Delivery or transfer of Data to the Client will occur following receipt of full payment of all amounts due under the Agreement. Until payment is received in full, BunjilView is not obliged to release or transfer any Data or deliverables to the Client.
8.4 BunjilView retains all right, title and interest in and to its Intellectual Property, including but not limited to:
(a) processing methodologies;
(b) analytical models;
(c) software tools and scripts;
(d) algorithms;
(e) technical workflows;
(f) data structures; and
(g) environmental intelligence frameworks.
8.5 Nothing in this Agreement transfers ownership of BunjilView’s Intellectual Property to the Client. The Client receives a non-exclusive, non-transferable licence to use the delivered outputs for its internal business, regulatory, and contractual purposes.
8.6 BunjilView may retain copies of Data where required for regulatory compliance, insurance obligations, professional record-keeping, quality assurance, or defence of legal claims.
8.7 BunjilView may use anonymised, aggregated, or de-identified data derived from the Services for internal research, quality improvement, analytical refinement, training of models, and development of methodologies, provided that such use does not disclose confidential or culturally sensitive information and does not permit identification of the Client or the specific project location.
8.8 The Client must not reverse engineer, decompile, extract, replicate, or attempt to replicate BunjilView’s processing methodologies, algorithms, or analytical frameworks.
8.9 BunjilView will retain project data for a reasonable operational period following completion of the Services. Unless otherwise agreed in writing:
(a) raw datasets and processed outputs may be retained for up to ninety (90) days following delivery;
(b) after this period BunjilView may archive or permanently delete the Data at its discretion;
(c) long-term storage, archival hosting, or cloud data management services may be provided under a separate agreement or service plan; and
(d) BunjilView is not responsible for maintaining long-term backups of project data once delivered to the Client and is not responsible for the recovery or reconstruction of deleted Data.
8.10 The Services may incorporate third-party software, datasets, or platforms. BunjilView does not control and is not responsible for the availability, accuracy, or performance of such third-party systems. Any disruption or limitation arising from third-party services does not constitute a breach of this Agreement.
8.11 The Client must not disclose, publish, or transfer Data to third parties in a manner that breaches applicable laws, including any restrictions relating to sensitive location information, cultural heritage information, environmental protection obligations, or government security requirements.
9.1 Each party may receive confidential information from the other in connection with the Services. Each party agrees to keep the other party’s confidential information strictly confidential and to use it only for the purpose of performing or receiving the Services
9.2 Confidential information includes, without limitation, technical information, methodologies, commercial terms, pricing, site information, environmental assessments, spatial datasets, cultural heritage information, and any information that is designated as confidential or would reasonably be considered confidential by its nature.
9.3 BunjilView acknowledges that certain Data or site-specific information may relate to culturally sensitive locations, heritage sites, sacred sites, or ecologically protected areas. Such information must be handled in accordance with agreed governance arrangements and must not be disclosed to third parties without express written consent, except where required by law.
9.4 Access to culturally sensitive Data will be restricted to authorised personnel within BunjilView on a need-to-know basis. BunjilView will implement reasonable administrative, technical, and organisational safeguards to prevent unauthorised access, use, or disclosure of such Data. In addition:
(a) where the Services involve culturally sensitive information, the parties will comply with any agreed data governance arrangements, access controls, and handling protocols documented in the proposal, statement of work, or otherwise agreed in writing; and
(b) each party must comply with applicable privacy laws in connection with any personal information processed in the performance of the Services.
9.5 The Client acknowledges that BunjilView’s internal methodologies analytical processes, software configurations, and technical frameworks constitute confidential information and must not be disclosed or misused.
9.6 A party may disclose confidential information where required by law, regulatory authority, court order, or governmental directive, provided that reasonable notice is given to the other party where legally permitted.
9.7 The obligations under this clause survive termination or expiry of this Agreement.
10.1 The Client acknowledges that the Services involve technical analysis, environmental variables, and regulatory constraints. BunjilView does not warrant or guarantee that the Data or deliverables will achieve any particular commercial, regulatory, engineering, environmental, or financial outcome.
10.2 The Data and deliverables are provided solely for the purposes described in the Agreement. The Client is responsible for its own interpretation, assessment, and verification of the Data. BunjilView is not liable for any decision, action, or omission taken by the Client or any third party in reliance on the Data.
10.3 Unless expressly agreed in writing, no third party may rely on the Services or Data. The Client must not provide the Data to third parties for reliance without BunjilView’s prior written consent.
10.4 To the maximum extent permitted by law, BunjilView is not liable for any indirect, incidental, special, exemplary, or consequential loss, including but not limited to:
(a) loss of profit;
(b) loss of revenue;
(c) loss of opportunity;
(d) business interruption;
(e) reputational damage;
(f) loss of contracts; or
(g) increased operational or compliance costs.
10.5 To the maximum extent permitted by law, BunjilView’s total aggregate liability arising out of or in connection with the Agreement, whether in contract, tort (including negligence), statute, equity, or otherwise, is limited to the total fees paid by the Client under the Agreement.
10.6 Where permitted by law, BunjilView’s liability is limited to the proportion of loss or damage that is attributable to its breach or negligence.
10.7 Nothing in this Agreement excludes, restricts, or modifies any guarantee, condition, warranty, right, or remedy implied or imposed by law (including the Australian Consumer Law) that cannot lawfully be excluded.
Where liability cannot be excluded but can be limited, BunjilView’s liability is limited, at its option, to:
(a) the re-supply of the Services; or
(b) the cost of re-supplying the Services.
10.8 Any claim arising out of or in connection with the Services must be commenced within 12 months of completion of the relevant Services, failing which the claim is barred.
10.9 The Client acknowledges that spatial datasets and environmental analyses may contain inherent scientific or technical uncertainty. BunjilView does not guarantee absolute positional accuracy, completeness, or suitability of the Data for engineering, legal, regulatory, or financial decision-making.
10.10 The Data and deliverables are not intended to replace professional engineering, surveying, legal, cultural heritage, or environmental advice. The Client must obtain independent professional advice and verification as appropriate before relying on the Data or deliverables for design, construction, compliance certification, safety-critical decisions, or legal purposes.
11.1 The Client indemnifies and holds harmless BunjilView, its directors, officers, employees, contractors, and agents from and against any loss, liability, damage, claim, demand, cost, or expense (including reasonable legal costs) arising out of or in connection with:
(a) any breach of this Agreement by the Client;
(b) any inaccuracy in information supplied by the Client;
(c) failure by the Client to obtain required land access rights, permits, cultural heritage clearances, or third-party consents;
(d) any claim by a third party arising from the Client’s use, misuse, modification, or onward distribution of the Data;
(e) any direction, instruction, or requirement given by the Client that contributes to loss or damage; or
(f) any regulatory, environmental, or cultural compliance issue arising from matters within the Client’s control.
11.2 This indemnity survives termination or expiry of the Agreement.
11.3 The indemnity does not apply to the extent that the loss is caused by BunjilView’s proven negligence or wilful misconduct.
12.1 The Client must pay the fees specified in the applicable proposal, quotation, or statement of work (Fees).
12.2 Unless otherwise stated in the Agreement:
(a) BunjilView may issue invoices upon execution of the Agreement, upon completion of milestones, or monthly in arrears for Services performed; and
(b) invoices are payable within five (5) business days from the date of invoice.
12.3 The Client must pay all amounts due without set-off, counterclaim, deduction, or withholding, except as required by law.
12.4 Any variation to the scope of Services requested or required by the Client may result in an adjustment to Fees and timelines. BunjilView is entitled to charge for additional work performed outside the agreed scope at its standard rates.
12.5 Where Services are delayed or rescheduled due to Environmental Conditions beyond BunjilView’s control, BunjilView may charge reasonable additional mobilisation, standby, or re-attendance costs where applicable.
12.6 If any invoice remains unpaid after the due date, BunjilView may, without prejudice to any other rights:
(a) suspend the Services;
(b) withhold delivery of Data or deliverables; and/or
(c) refuse to commence further stages of work
until all outstanding amounts are paid in full.
Suspension does not relieve the Client of its payment obligations.
12.7 BunjilView may charge interest at a rate equal to the Reserve Bank of Australia’s cash rate on overdue amounts at a rate of 2% per month calculated daily. The Client must indemnify BunjilView for any reasonable costs incurred in recovering overdue amounts, including legal and debt recovery fees.
12.8 Unless otherwise stated, Fees are exclusive of GST. The Client must pay any applicable GST in addition to the Fees.
13.1 BunjilView will maintain, for the duration of the Services, the following insurances with reputable insurers:
(a) Public Liability insurance;
(b) Professional Indemnity insurance;
(c) Aviation / RPAS liability insurance; and
(d) Workers Compensation insurance as required by law.
13.2 The maintenance of insurance does not limit or expand BunjilView’s liability under this Agreement.
13.3 The Client is responsible for maintaining its own appropriate insurance in relation to its operations, site activities, and use of the Data.
14.1 Either party may terminate this Agreement for convenience by providing fourteen (14) days’ written notice to the other party.
If the Client terminates for convenience, the Client must pay:
(a) all Fees for Services performed up to the termination date;
(b) any committed costs incurred by BunjilView (including mobilisation, subcontractor costs, equipment bookings, travel, data acquisition expenses); and
(c) reasonable demobilisation and administrative costs arising from the termination.
14.2 Either party may terminate this Agreement immediately by written notice if the other party:
(a) commits a material breach of this Agreement; and
(b) fails to remedy that breach within fourteen (14) days after receiving written notice requiring it to do so.
14.3 Either party may terminate this Agreement immediately if the other party:
(a) becomes insolvent;
(b) enters liquidation, administration, or receivership; or
(c) ceases or threatens to cease carrying on business.
14.4 BunjilView may suspend the Services immediately if:
(a) payment is overdue;
(b) site access becomes unsafe;
(c) regulatory compliance cannot be maintained; or
(d) continuing the Services would expose BunjilView to legal, safety, or reputational risk.
Suspension under this clause does not constitute breach.
14.5 Upon termination:
(a) all outstanding Fees become immediately due and payable;
(b) any licence granted to the Client remains subject to full payment;
(c) confidentiality obligations continue; and
(d) clauses relating to liability, indemnity, intellectual property, confidentiality, and dispute resolution survive termination.
15.1 This Agreement is governed by the laws of New South Wales, Australia.
15.2 The parties submit to the exclusive jurisdiction of the courts of New South Wales and any courts competent to hear appeals from those courts.
15.3 If a dispute arises out of or in connection with this Agreement, the parties must first attempt to resolve the dispute through good faith discussions between authorised representatives of each party.
15.4 If the dispute is not resolved within twenty (20) business days after written notice of the dispute is given by one party to the other, the parties agree to attempt to resolve the dispute through mediation conducted in New South Wales before commencing legal proceedings.
15.5 The mediator will be appointed by agreement between the parties or, failing within ten (10) business days, by a mediator appointed by the Australian Disputes Centre or a similar recognised mediation body.
15.6 Each party must bear its own costs of negotiation and mediation unless otherwise agreed.
15.7 Nothing in this clause prevents either party from seeking urgent injunctive or equitable relief from a court of competent jurisdiction.
15.8 During the resolution of any dispute, the parties must continue to perform their obligations under this Agreement to the extent reasonably practicable.
16.1 This Agreement constitutes the entire agreement between the parties and supersedes all prior discussions, negotiations, representations, or understandings.
16.2 No amendment or variation of this Agreement is valid unless in writing and signed by both parties.
16.3 The Client must not assign, novate, or transfer any rights or obligations under this Agreement without BunjilView’s prior written consent.
BunjilView may assign this Agreement to a related body corporate upon written notice.
16.4 If any provision of this Agreement is held to be invalid or unenforceable, that provision will be severed to the extent necessary, and the remaining provisions will remain in full force and effect.
16.5 A failure or delay by a party to exercise a right under this Agreement does not constitute a waiver of that right.
16.6 Any notice under this Agreement must be in writing and delivered by hand, prepaid post, or email to the addresses specified in the Agreement or most recently notified in writing.
16.7 This Agreement may be executed electronically and in counterparts. Each counterpart constitutes an original, and together they form one instrument.
16.8 Nothing in this Agreement creates a partnership, joint venture, agency, or employment relationship between the parties.
16.9 BunjilView may refer to the Client and the Services in general marketing materials, capability statements, or case studies with the Client’s prior written consent, provided that no confidential information or culturally sensitive information is disclosed and no project locations are identified where doing so could reasonably create risk.
16.10 To the extent applicable, the Client agrees to do all things reasonably required by BunjilView to give effect to BunjilView’s rights in relation to unpaid Fees, including providing information and executing documents.
By choosing to partner with BunjilView, you are choosing to support a First Nations-led organisation that reinvests 20% of all profits into the Pauline E. McLeod Foundation. Dedicated to creating opportunities for the next generation, the Foundation’s focus areas include First Nations mental health, entrepreneurship, and education, as well as career pathways in the tech and geospatial sectors for young First Nations Australians.