AirCharter.com Terms of Service (TOS)
AirCharter.com (an AirCharter.com LLC.)
6515 Kennedy Boulevard East #8G
West New York, NJ 07093 USA
Phone: +1(212) 999-4926
Fax +1(646) 582-1399
– Uptime Guarantee
AirCharter.com guarantees that the website will be up and running at least 99% of the time during any 12-month period. This guarantee includes network up time, server up time, web server and service up time. It does not cover any areas where AirCharter.com has no direct influence, such as backbone provider failures, fiber-optic main line cuts, DNS or Registrar issues with subscriber’s domain name, routing issues between subscriber location and AirCharter.com data center. The up time guarantee is also not applicable if the service interruption was caused by external issues such as Acts of God, Wars or any other natural or unnatural events that AirCharter.com cannot directly influence. As a customer you may request a refund for that months charges if the system is was not up and running 98% of the monthly days. As a customer of AirCharter.com you hereby agree that a customer can not file a law suite requesting damages for the site not being usable or if the site is responding. AirCharter.com LLC is only responsible up to the amount of money you paid for your monthly dues that single month.
The subscriber is responsible for keeping a complete and current copy of their website files as a backup on a remote system (not solely on AirCharter.com servers). AirCharter.com is NOT RESPONSIBLE for any lost files, information or data. AirCharter.com provides exporting of most data files and any file not exported may be copied or printed. AirCharter.com makes regular internal backups of internal system configurations and databases. These backups are NOT intended for keeping backups of subscriber websites. Although AirCharter.com backups may include subscriber sites and information for disaster recovery purposes, these backups are not to be relied on by the subscriber. AirCharter.com does not guarantee to possess the most current copy of a subscriber’s website in its own backups. In the event of criminal actions such as data mining, hacking, or SQL injections AirCharter.com is NOT responsible to the Integrity of the data and at no time will the member consider AirCharter.com liable for such criminal actions
-Intellectual Property Provisions
Subscribers of AirCharter.com’s services are prohibited from storing or posting content or links to content that infringe, or otherwise violate the intellectual property rights of third parties (e.g. trademark, patent or copyright infringements). All content provided within or via this site is protected by US and international copyright laws, patent laws, trademark regulations and laws, and various intellectual property laws and international treaties and agreements. No intellectual property of any nature contained within or via this Site may be copied, published, reverse engineered, decompiled, exchanged, traded, or broadcast in any way without the written permission of the content owner.
-Failure to Pay
AirCharter.com may temporarily deny or terminate service upon the failure of the subscriber to pay the charges when due. Such termination or denial will not relieve the subscriber of responsibility for the payment of all accrued charges and any collection fees. All accounts without payment will be removed after 15 days without payment.
– Quoting/invoicing Calculations
Companies using the quoting and invoicing sections of this web site are expected to check their quotes for any wrong calculations. AirCharter.com is not responsible for any wrong quotes generated by your company. All users must verify their quotes are correct before sending them to a customer or client. – Air Charter Data Exporting AirCharter.com will voluntarily export a charter company’s empty leg air charter flight data to industry web sites. In some cases we cannot insure that the data will be placed on those web sites as AirCharter.com doesn’t own or control those web sites. This is a free service but AirCharter.com reserves the right to change this service and or not export data if they so choose.
– Data Use
As an active member company using AirCharter.com you hereby give AirCharter.com and AirCharter.com LLC permission to use your company name and data on advertisements and within 3rd party contracts such as fuel vendors or FBO companies. AirCharter.com may use customer’s arrival information for fuel vendors and FBO’s in order to help provide better service and lower fuel pricing for our customers. AirCharter.com and AirCharter.com LLC has the right to share generic statistics and data from user accounts for the purpose of providing reports, advertising, or when working with industry 3rd party companies who have agreements to share data with AirCharter.com LLC and its web sites. As a user of the system you also agree that AirCharter.com and AirCharter.com LLC may contact you or your users by email, phone, or fax. Storage of confidential information in sections, such as note fields, is prohibited in our system. This includes, but is not limited to, credit card numbers, social security numbers, bank account numbers, and routing numbers. In the unfortunate case of an unwanted disclosure, you will be held responsible.
– Account Cancellation
A subscriber may cancel their account at any time. To do so, an administrator needs to open a ticket with our support and billing department. This service is Free to Operators and Aircraft owners. Once the administrator agrees to cancel service, the account will be immediately locked and a representative from AirCharter.com will manually remove your account data. You will no longer be billed after an administrator agrees to cancellation. AirCharter.com also reserves the right to cancel a members account with 30 days notice for any reason.
– Billing and Fees
A credit card is required for all accounts. Billing will be conducted each month on the 1st work day of the month. The price for each account will be the amount of your set contract per month starting on the date of activation. Price may be subject to change with 30 days notice. Your credit card will be charged the first day of each month or on December 31st for yearly contracts. You may cancel your account by opening a ticket with a support and billing department. If a company does not cancel their account the account will be considered active and billed at the end of 30 days or at the end of each year. Broker accounts with 0 aircraft will be charged the minimum monthly charge.
– Subscriber Acknowledgement
Subscriber acknowledges that the service provided is of such a nature that the service can be interrupted for many reasons other than the negligence of AirCharter.com and that damages resulting from any interruption of service are impossible to ascertain. Therefore, subscriber agrees that AirCharter.com shall not be liable for any damages arising from such causes beyond the direct and exclusive control of AirCharter.com. Subscriber further acknowledges that the AirCharter.com’s liability for its own negligence may not in any event exceed an amount equivalent to charges payable by subscriber for services during the period damages occurred. In no event shall AirCharter.com be liable for any special or consequential damages, loss or injury.
-Suspension of Service or Cancellation
AirCharter.com reserves the right to suspend network access to any subscriber if in the judgment of AirCharter.com, the subscriber’s account is the source or target of a violation of any of the terms of the TOS, or for any other reason which AirCharter.com deems necessary. If inappropriate or illegal activity is detected or brought to our attention by a third party, all accounts of the subscriber in question will be deactivated until our investigation is complete. Multiple violations of the TOS will result in permanent cancellation of the account without refund of any fee. Prior notification to the subscriber is not assured. In extreme cases, law enforcement will be contacted regarding the activity. The subscriber may not be credited for the time the subscriber’s machines were suspended if the subscriber is found to be at fault. The subscriber is also responsible for maintaining a backup of his current data at all times. Upon the third violation of the terms of service no backups will be provided
– Disclosure to Law Enforcement
The TOS specifically prohibits the use of our service for illegal activities. Therefore, subscriber agrees that AirCharter.com may disclose any and all subscriber information including assigned IP numbers, account history, account use, etc. to any court or law enforcement agency that requests such information, upon receipt of a subpoena, warrant or other legally binding order, without consent or notification to the subscriber.
Each party (the “Indemnifying Party”) hereby indemnifies the other party (the “Indemnified Party”), its officers, directors, employees and agents, and agrees to defend and hold them harmless from and against any and all liability, damage, loss or expense (including reasonable attorneys fees) arising from any claim, demand, action or proceeding based upon the alleged breach or untruthfulness of any of the Indemnifying Party’s representations or warranties, or incurred in the settlement or avoidance of any such claim, provided, however, that the Indemnified Party shall give prompt notice to the Indemnifying Party of the assertion of any such claims and provided further that Indemnifying Party shall have the right to select counsel and control the defense thereof, subject to right of the Indemnified Party to participate therein.
– Applicable Law
This TOS is subject to the governing laws of the State of New Jersey. Courts of competent jurisdiction in Hudson County, NJ shall hear and decide any disputes.
– Limited Liability
We do our best to maintain proper backup bu AirCharter.com is not liable for any damages or data loss that arise from the use of this service. AirCharter.com is not liable for any damages that occur from misinformation or misrepresentation by the customer which may result in a loss or corruption of data.