Terms & Conditions
Aerial Solutions Ltd t/a Aetos Intelligence.
A registered limited liability company 11654775
VAT number: 308 9230 05
In this document the following words shall have the following meanings:
1.1 CUSTOMER means any individual, partnership, limited company, charity or organisation that from time to time purchases Services from the Supplier
1.2 SUPPLIER means;
Aerial Solutions Ltd
19 Heathmans Road
1.3 PROPOSAL means a statement of work, quotation or other similar document describing the services to be provided by the Supplier.
1.4 SERVICES means the services specified in the proposal.
1.5 The CONTRACT shall mean instructions, confirmed in writing or electronic format, issued and signed by the customer or an authorised person on behalf of the customer.
1.6 FEES shall mean all charges and expenses that will be invoiced by the Supplier to the customer for the services provided.
1.7 TERMS AND CONDITIONS means the terms and conditions of supply set out in this document and any special terms and conditions agreed in writing by the Supplier.
2.1 These Terms and Conditions shall apply to all contracts for the supply of Services by the Supplier to the Customer and shall prevail over any other documentation or communication by the Customer.
2.2 Any variation to these Terms and conditions shall be inapplicable unless agreed in writing by the Supplier.
2.3 Nothing in these Terms and Conditions shall prejudice any condition or warranty, express or implied, or any legal remedy to which the Supplier may be entitled in relation to the Services, by virtue of any statute law or regulation.
2. 4 Nothing in these Terms and conditions shall affect the customer’s statutory rights as a consumer.
3. The Service
3.1 Any service proposal agreed that link to these Terms and Conditions shall remain valid of a period of 30 days from the date of issue.
3.2 The Customer shall be deemed to have accepted the service proposal by placing an order with the supplier within the period specified in Clause 3.1.
3.3 Aerial Solutions Ltd. will not commence work until the customer has accepted these Terms and Conditions as well as the instructions including, but not limited to, a proposed timeline and an estimate of fees which will be set out in an accompanying proposal.
3.4 The service proposal will be the best estimation of time required to meet the customers needs. If further time is required the customer will be consulted before any further activity takes place.
3.5 Aerial Solutions Ltd. may, at its discretion, commence work prior to a receiving written, signed proposal as defined in 3.3. In these circumstances the client agrees that these Term and Conditions shall wholly and solely apply.
3.6 The Supplier shall not be liable for failure to complete the work within the proposed timeline.
4.1 The fee for the Service is as specified in the service proposal and outlined expenses.
4.2 Fees are based on the Supplier’s current assessment of costs and are subject to amendment subject to clause 11 – Cancellation and Termination.
4.3 Payment of the fee shall be in the manner specified in the Proposal.
4.4 The Supplier reserves the right to charge fees on a monthly basis for work carried out as part of the contract.
5. Completion and Payment of Fees
5.1 Completion of the work shall be deemed to have taken place when such work as described in the proposal has been carried out. At this stage full payment of the fee shall become due on Customer’s receipt of invoice.
5.2 If engagement on any project goes beyond 30 days, invoices shall be submitted at regular intervals or otherwise agreed in a specific service agreement.
5.3 At the Managing Director’s discretion, a partial deposit or Pro Forma payment may be requested.
5.4 A deposit of 30% of the agreed total fee will be payable to the supplier upon acceptance of the service agreement.
5.5 If, due to unforeseen circumstances (see Section 11), the agreed service cannot be completed, the supplier will hold on credit the customers deposit which can be used at a future (12 months).
5.6 Should any date have to be moved or cancelled within 48hrs of the agreed work commencement time then 50% of the agreed fee will apply.
5.7 Should any date have to be moved or cancelled within 24hrs of the call time, then 100% of the daily fee will apply.
5.8 If the Customer fails to make any payment within 30 days of it becoming due, the Customer shall be given a reasonable opportunity to pay the invoice, after which the Supplier shall be entitled to charge interest at the rate of 2% per month on the outstanding amounts.
6. Aerial Solutions Ltd. Obligations
6.1 Aerial Solutions Ltd. shall perform the Services with reasonable skills and care and to a reasonable standard in accordance with recognised industry standards and codes of practice.
6.2 The Supplier accepts all responsibility to fulfil the service that is within its’ control, by the agreed timescales and to a satisfactory standard.
6.3 Aerial Solutions Ltd. are committed to the following service standards;
6.3.1 All information supplied by the supplier to the customer will be impartial.
6.3.2 All associates working with the supplier will be vetted and checked for suitability through the Disclosure and Barring Service
6.3.3 All associates working with the supplier will have relevant qualifications, skills and experience.
6.3.4 The information supplied by the customer will be confidential. No information will be supplied to a third party without the customer’s expressed permission See clause 8.
6.4 On occasion Aerial Solutions Ltd. may offer transportation to the Customer or an employee of the Customer. This is done at entirely the Customer’s own risk, and Aerial Solutions Ltd. and associates are not liable for any damages that may arise.
7. Confidentiality & Data Protection
7.1 Information disclosed by the customer will be kept confidential and shared only with relevant staff providing the service as agreed.
7.2 All information retained by Aerial Solutions Ltd. will be processed strictly in accordance with the provisions of the Data Protection Act 2018 and its successors. Such information shall be held solely for the purposes of fulfilling the contract.
7.3 The Supplier will not transmit any personal data held on behalf of the client except where;
7.3.1 The transfer is a necessary part of the work undertaken to fulfil the contract
7.3.2 There is a requirement to do so by operation of the law. For example, if there is a situation where consent must be obtained from the police or Ministry of Defence.
7.3.3 Data Transfer is in accordance with the Suppliers Data Policy
8. Complaints and Disputes
8.1 Aerial Solutions Ltd. will always aim to deliver excellence at all times, however there may be times when the customer may not be happy with the service provided by the supplier. If the customer is not happy within any aspects of any services, then the customer can call the
Managing Director of Aerial Solutions Ltd who will attempt to remedy any problems immediately. Otherwise complaints can be addressed to the MD in writing within 7 days of a problem arising.
8.2 If there is a dispute about the interpretation or operation of this contract, then the supplier will make every effort to resolve the dispute when and where it arises, negotiating on the basis of good faith.
9. Limitation of Liability
9.1 When an employee, representative or contractor (“Aetos Intelligence Staff”) of Aerial Solutions Ltd. is engaged by the customer in a task not specified in the service agreement, then the liability lies with the customer under their insurance. However, the Customer shall not be liable for any negligence, wilful misconduct or reckless behaviour of the Aetos Intelligence Staff.
9.2 The Supplier shall not be liable for any direct loss or damage suffered by the Customer as a result of any delay in the work carried out, unless arising from the Supplier’s negligence and/or breach of contract.
9.3 The Supplier will not be held responsible for third party costs incurred by the customer for any reason whatsoever.
10. Cancellations & Termination
10.1 The customer may cancel the service by notifying the Supplier in writing at the address, or via email above giving 30 days’ notice. (in accordance clause 5.8).
10.2 All billable work undertaken up to receiving cancellation must be paid for within the notice period upon receipt of itemised invoice.
11. Force Majeure
11.1 The Supplier shall not be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including
but not limited to acts of God, strikes, lock outs, accidents, war, fire, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, and the party shall be entitled to a reasonable extension of its obligations.
12.1 If any term or provision of these Terms and Conditions is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if these Terms and Conditions had been agreed with the invalid, illegal or unenforceable provision eliminated.
13. Governing Law and Jurisdiction
13.1 Any disputes or claims arising out of or in connection with these Terms and Conditions of Business or the contract shall be governed by and construed in accordance with the law of England and Wales.
14. Acceptable Of Terms
14.1 By engaging Aerial Solutions Ltd. in a service or services, you will be accepting the Terms and Conditions of Business.
Last edited: 11th March 2019