USE AND EXPORT OF FLIGHT SUPPORT SERVICES
The services provided hereunder and their associated material are for the sole and exclusive use of the Client. Client may not transfer any such material to any third party, nor allow any third party to access or use any such material. Client shall not, directly or indirectly, export or release any information, materials, or technology provided hereunder to any third party Worldwide without first ensuring that such export or release does not violate the United Kingdom Export Control law and regulations, and without first obtaining from Her Majesties Customs and Excise, the requisite authority, if necessary, to effect such export or release.
PRICES AND CHARGES FOR FLIGHT SUPPORT SERVICES
Prices and charges for Flight Support Services shall be those published by Flightworx in its current price list for the clients’ aircraft as the case may be at the time the service is rendered. All subsequently published price lists for Flight Support Services shall automatically become a part of this Agreement. Prices for any other services rendered by Flightworx not on the price list, shall, if not agreed upon at the time of request, be determined by Flightworx in its reasonable discretion.
In consideration of Flightworx providing services, Client agrees to pay Flightworx for its services and products at the prices, times and in the manner set out herein. The Client further agrees to pay the administration charges of Flightworx and to pay, discharge and reimburse all additional third party charges and disbursements incurred by Flightworx or its Providers for providing or obtaining products and services at the instance and request of, or for the benefit of Client.
The services of Flightworx do not include third party charges and disbursements such as: Fees paid for landing or departure or other permits and clearances, Third party charges for communications, any other charges, fees or taxes, including without limitation navigation charges, imposed or levied by the airport, customs or other governmental or quasi-governmental authorities against the Client or Flightworx in connection with the Client’s flight, or expenses and disbursements incurred with or disbursed to third parties in connection with parking, stopover, and handling of flights, other flight support arrangements, and/or charges for delayed or cancelled flights or cancelled guaranteed hotel reservations
Client agrees to likewise pay and reimburse Flightworx for all cash and credit advances and fees plus incurring an administration charge of 10% unless a different rate has been previously agreed in writing with the Directors of Flightworx Aviation Ltd
ACCOUNTING AND INVOICING
Flightworx shall invoice the Client for all sums due under this Agreement and as agreed herein.
Disbursements made on the Client’s behalf by Flightworx or its Providers and other third party charges paid by Flightworx will be billed to Client together with administration fees as determined (Standard terms of 10%), after Flightworx receipt of invoice.
SETTLEMENT OF ACCOUNTS; PAYMENT AND COLLECTION; WITHHOLDING OF SERVICE
Client agrees to pay all invoices in GBP, USD or EUR within 14 days from receipt of invoice unless previously agreed in writing with the directors of Flightworx Aviation Ltd. Past due invoices shall be deemed overdue and shall bear interest at 1.5% per month or as agreed with the Directors (or such lesser amount, as is the maximum non-usurious amount in accordance with applicable law). It is the intention of the parties hereto to comply with the usury laws of the United Kingdom. Client is not obligated to pay any excess interest. Any interest which is in excess of the maximum rate permitted by law shall automatically be applied to the principal debt amount and/or as a credit to Client’s account and shall not be deemed interest. The effective rate of interest shall be automatically subject to reduction to the maximum rate permitted by applicable law.
Delinquent invoices may be offset or presented for payment against the Client’s Letter of Credit or deposit where applied. In the event a payment from the Client reaches Flightworx after the delinquent invoices have been paid by the Letter of Credit, the proceeds shall be held as cash deposit in lieu of the Letter of Credit.
If Flightworx, in its sole discretion, deems itself insecure with regard to past, pending, or future transactions with Client, service and credit to the Client will be discontinued, with or without further notice, until the account is settled, a Letter of Credit is issued, deposit is made, or such other action is taken to cause Flightworx, in its sole discretion, to deem itself secure.
INVOICES UNDER INVESTIGATION
Unless questioned or disputed in writing by the Client within 7 days of receipt of the invoice in question, all invoices shall be deemed correct and accepted by the Client. All Client questions or inquiries should be by letter, fax, or email. Invoice inquiries pertaining to services by Flightworx will be answered by Flightworx. Invoice inquiries pertaining to services by third parties will be forwarded by Flightworx along with letters of inquiry to the third party with a copy to the Client. Prompt protest by Client is necessary to enable Flightworx to investigate complaints before payment occurs on third party invoices. If Flightworx has paid the third party prior to receiving Client’s inquiry, Client is responsible to pay Flightworx in full, subject to credit or refund by Flightworx to the extent of refund or credit received from the third party. No inquiry or dispute shall relieve Client of its obligation to timely pay undisputed portions of the invoice.
At all times during the term of this Agreement, Client shall maintain, in force, policies of insurance providing insurance coverage with respect to Client’s flight operations, including, without limitation, aircraft hull and liability and including appropriate war insurances plus covering bodily injury to passengers and other persons and other property damage.
Flightworx has developed and continues to develop a worldwide network of International service providers (“Providers”) to coordinate servicing the aviation needs of Flightworx clients, and of third party suppliers (“Suppliers”) to provide certain services and goods arranged by Flightworx and its Providers. Providers and Suppliers may be unrelated to Flightworx, or may be related to Flightworx as joint venturers, corporate subsidiaries, or in other forms. All Providers and Suppliers act as independent contractors and Flightworx does not have the right to supervise and does not supervise details of their operation, and shall not be liable for and does not accept liability for their acts and omissions.
Flightworx sole obligation shall be to use ordinary care in the selection of such Providers and Suppliers. The foregoing shall remain true notwithstanding that Flightworx may directly or indirectly, share or participate in the revenues or profits arising from the activities of a Provider. Flightworx will always work in partnership with its clients to select any supplier and this must be in agreeance with the client.
LIABILITY, DISCLAIMERS, RELEASE AND INDEMNITY
Flightworx may perform the services requested by the Client either directly or by or through Providers. Flightworx shall not be responsible for any misconduct or negligence on the part of any Third party provider appointed by Flightworx. FLIGHTWORX SHALL NOT BE LIABLE TO THE CLIENT OR THIRD PARTIES FOR ERRORS, DELAYS, OR INTERRUPTIONS IN PROVIDING SERVICES, ANY ERRORS IN JUDGMENT CAUSED BY THIRD PARTY SUPPLIERS BUT WILL REVIEW ITS PRACTICE FOR ANY OF THEIR OWN ACTS OR OMISSIONS, INCLUDING THEIR OWN NEGLIGENT ACTS OR OMISSIONS. FLIGHTWORX SHALL HAVE NO RESPONSIBILITY FOR AND HEREBY EXPRESSLY DISCLAIM ANY WARRANTY, EXPRESS OR IMPLIED, WITH RESPECT TO THE GOODS OR SERVICES OF FLIGHTWORX INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. ON REVIEW FLIGHTWORX WILL AGREE TO REIMBURSE ANY MONIES FOR BAD PRACTICE, OMMISSIONS OR ERRORS CAUSED DIRECTLY BY FLIGHTWORX ONLY AND IS NOT RESPONSIBLE FOR THE ABOVE CAUSED DIRECTLY BY A SUPPLIER. FLIGHTWORX WILL SUPPORT ANY REVIEW OF BAD PRACTICE BY A SUPPLIER AND WILL ACTIVELY ASSIST IN ANY RECOUPERATION FOR ITS CLIENTS. Security against interception or misuse of information transmitted over the Internet cannot be assured. Client hereby assumes the security risk and acknowledges that Flightworx is not responsible for the interception or use by third parties of any confidential information so transmitted. Further, Client acknowledges that all services provided hereunder are advisory in nature and Client agrees to review and verify the accuracy and correctness of all weather, flight planning, and other services supplied to it prior to use or filing. IN NO EVENT WILL FLIGHTWORX BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION, SPECIAL, CONSEQUENTIAL, INCIDENTAL, INDIRECT, OR EXEMPLARY DAMAGES, ARISING OUT OF THE PROVISION OR THE ATTEMPT TO PROVIDE SERVICES HEREUNDER IN EXCESS OF THE AMOUNT PAID BY CLIENT, PURSUANT TO THE INVOICE, IN AN AMOUNT NOT TO EXCEED £25 BRITISH POUNDS FOR EACH INVOICE TRANSACTION. ALL SUPPLIERS SELECTED BY FLIGHTWORX WILL INDEPENDENTLY TRANSACT WITH THE CLIENT AT POINT OF SALE / OPERATION. This limitation of liability shall not apply to damage to property or persons caused by the gross negligence or wilful or wanton misconduct of Flightworx. The sole liability of Flightworx and the exclusive remedy of Client for any injury or damage to the Client arising out of the services requested of or furnished by Flightworx or its Suppliers or arranged by Flightworx shall be the remedy specified in this Article.
Further, Client does hereby release and covenant not to sue Flightworx and, except to the extent recited above, does hereby agree to indemnify and hold Flightworx harmless from and against any and all claims, demands, liabilities, judgments, costs, loss of use or profits, and incidental, consequential or punitive damages even if Flightworx has been notified of the possibility of such damages, loss or damage to property, injury to or death of any person, damages, and expenses of any nature whatsoever whether in contract or in tort, or absolute or strict liability, (collectively “Losses”), including without limitation any Losses arising from the negligence of Flightworx or its Suppliers (further including without limitation, the cost of investigating and defending any alleged Losses and lawyers’ fees and expenses incurred in connection therewith) which may arise from any false, misleading, or inaccurate information supplied to Flightworx by Client, or from the furnishing, use, or performance of the services or software provided by Flightworx, whether suffered by Client or third parties. No proceeding or suit shall be brought against Flightworx upon any claim of the Client arising out of the performance of this Agreement unless written notice of the claim has been delivered to Flightworx within ninety days of the occurrence giving rise to the claim, or within ninety days of the Client learning of the existence of the claim, whichever shall last occur. No action may be instituted against Flightworx until after the expiration of six months after delivery of such claim to Flightworx, and shall be brought prior to the expiration of two years from the date of the event upon which the claim is based. Flightworx shall not be held liable for and Client shall indemnify Flightworx from any loss resulting from any expenses charged to Flightworx by the Client or any member of the aircraft crew and thereafter deemed improper by the Client upon receipt of Flightworx invoice.
LEASING OF AIRCRAFT
In the event the Client leases or loans his aircraft to another party, unless the management of Flightworx is notified otherwise in writing seven days prior to the leasing or loan of the aircraft, the Client will remain liable for all expenses incurred by the aircraft or crew as if the Client were operating the aircraft.
CONFIRMATION OF SERVICES
If you do not agree with any items set out in these standard Terms & Conditions please inform us immediately in writing to firstname.lastname@example.org. If no correspondence is received before the start of the service set out on page 1 of this document then it shall be deemed that you and the company your represent accept and acknowledge all information stated.
Flightworx Aviation Ltd, Travelworx, Flightworx Fuel Services Ltd, Flightworx Guernsey Ltd – Privacy document
Operating to: Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016
YOUR PRIVACY MATTERS
Flightworx Aviation Ltd, Travelworx, Flightworx Fuel Services Ltd and Flightworx (Guernsey) Ltd mission is to connect the clients we service and to assist to operate their aircraft asset(s) more productively and successfully. Central to this mission is our commitment to be transparent about the data we collect about you, how it is used and with whom it is shared in the nature of our duties as a service supplier working on our client’s behalf.
© 2019 Flightworx. All rights reserved.
Flightworx. (“Flightworx”) grants you permission to copy documents copyrighted by Flightworx and published by Flightworx on the World Wide Web only for personal or non-commercial use only within your organisation. In return, you agree not to remove any copyright and other proprietary notices which are contained in such materials.
No authorisation is granted to copy documents not copyrighted by Flightworx which may appear on or be reached by links from Flightworx’s Web sites. Except for the right granted above, no materials available on Flightworx’s Web sites may be copied, stored, transmitted by any means, including but not limited to electronic, mechanical, scanning, photocopying, or recording, without the prior express written permission of Flightworx.
Flightworx expressly reserves all intellectual property rights it may possess in products, processes or technology which appear on Flightworx’s websites.
MATERIALS AVAILABLE ON Flightworx’S WEB SITES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IF YOUR JURISDICTION PROHIBITS EXCLUSION OF IMPLIED WARRANTIES, THE EXCLUSION OF IMPLIED WARRANTIES MAY NOT APPLY TO YOU. IN NO EVENT WILL Flightworx BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES FOR ANY USE OF THE MATERIALS OR INFORMATION ON THIS WEB SITE, OR ANY OTHER LINKED WEB SITE, INCLUDING, WITHOUT LIMITATION ANY CLAIMS OR DEMANDS FOR LOST PROFITS OR BUSINESS INTERRUPTION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
All services and/or products that contain a servicemark, trademark or registered trademark notice referenced herein are servicemarks, trademarks or registered trademarks of Flightworx. Other product and company names mentioned herein may be the trademarks of their respective owners.