General Terms and Conditions
Aeronautical Air-Ground-Air Service provided by the STORADIO AERO LDOC (Long Distance Operational Control) Center in Stockholm/Sweden.On these general terms and conditions (the “General Terms and Conditions”) STORADIO AERO AB, with product name: ‘STORADIO’, reg. no. 556569-9419, (“STORADIO”) will render the following services (the “Services”) to its customers (individually referred to as the “Customer”):
Operational Phone-patches Air-to-Ground / Ground-to-Air
Operational Message relaying by SITA / AFTN / Email (DEP / ARR / MVT / PSN -reports, PRD / RDA, MAINT issues etc)
HF Radio- and SELCAL-checks
METAR / TAF supplied for all major airports worldwide instantaneously.
Medical advice over HF-radio (Medlink of Medaire or another org as requested)
Unless otherwise explicitly agreed in writing these General Terms and Conditions shall apply to any and all Services provided by STORADIO to any Customer.
Signing up or paying the initial invoice for STORADIO´s Service, the Customer agrees and accepts to be bound by these General Terms and Conditions.Unless stated otherwise, the Service is provided on a three-month basis. The Service is automatically renewed for periods of three month at time if not terminated at least one months prior to the end of each period.Either party may terminate this General Terms and Conditions with immediate effect if the other party is declared bankrupt or is in material breach of any term, condition or provision of the Agreement and has not remedied such breach within 14 days after having been requested by the other party to do so.
STORADIO aims to provide the Services on a 24/7/365 basis and STORADIO will use its best effort to maintain an efficient Service. The Services will be available to Customers considering the natural geographic HF radio coverage limitations as shown on the HF radio Coverage map from time to time included within the application-document as well as on STORADIO’s website. It is the Customer´s responsibility to keep HF radio Coverage map updated and from time to time review the information on STORADIO´s website.
In order for STORADIO to be a reliable point-of-contact for flight crews and ground staff, the pilots are strongly encouraged to call STORADIO for SELCAL/Radio performance-check ASAP after takeoff/TOC and maintain SELCAL-guard or audio monitoring on suitable STORADIO HF frequencies for rest of the flight – or at least until TOD. Crews shall make use of the HF Radio Propagation Forecasts available at STORADIO’s website, for proper selection of suitable HF frequency depending on time of day and actual flight position. With no SELCAL-guarding / audio monitoring on suitable STORADIO frequencies onboard Customer’s aircraft, any requests from ground-staff for contacts Ground-to-Air with Customer’s flight crews via STORADIO are likely to be unfulfilled.
5. LIMITATION OF LIABILITY
The Customer is aware of and acknowledges that the Services are provided using short wave radio technique. STORADIO shall for example not be liable for any disturbances, delays in traffic forwarding or other inconveniencies due to deteriorations in HF radio conditions, by nature subject to variations in solar activity, geomagnetic conditions etc.Furthermore, STORADIO has no liability for Defects arising from the Service not being used in accordance with STORADIO´s instructions and/or the Customer acting negligently.The Services may not be available due to maintenance work performed by STORADIO. In case of an emergency affecting the safety of aircraft crew or passengers the Customer shall be given priority in accordance with standard ICAO emergency procedures.Except as expressly required by mandatory law, STORADIO shall not be liable for any loss (neither direct nor indirect) or damage to property or person occurring as a consequence of STORADIO’s performance of, or failure to perform, the Services.
6. FEES AND PAYMENT
All payments by Customer to STORADIO shall be made without prior demand in Euro (“EUR”). The payment shall be made in full without deduction or withholding of any taxes or charges. If value added tax (“VAT”) or similar taxes would be levied on the Services provided, such taxes shall be paid and borne by the Customer.More information regarding the different fees and packages will be found here: https://storadio.aero/pricing/.
6.1. Initial fee:
New Customers shall pay an initial fee for administrative handling and account set-up and activation (the” Initial Fee”). The Initial Fee may not be refunded for any reason.
6.2. Subscription fees:
The Customer shall pay the subscription fee in advance on a running three-month basis (in EUR) for the Services provided by STORADIO (the” Subscription Fee”). The Subscription Fee varies depending on the size of your fleet. The Subscription Fee may not be refunded for any reason. The Subscription Fee invoice will be issued in advance and payment must be made at latest the day before the start of each three-month period. If the size of the Customers fleet change in relation to the size first reported, STORADIO reserve the right to adjust the Subscription Fee according to the accurate fleet size on the next quarterly invoice.
6.3. Traffic charges:
The Customer shall on a monthly basis pay for the Services provided by STORADIO (the “Traffic Charges”). No invoice will be issued for periods where the invoice amount is less than EUR 200, but such amount will be carried forward to the following period(s) unless included on invoice with quarterly Subscription-fee.Any radio transactions to/from aircraft registered at STORADIO as owned/managed by the Customer will be charged on the Customer’s account. STORADIO shall not be responsible for any incorrect charging or invoicing, due to lack of updates of ownership/management of the aircraft.
6.4. Adjustment of Subscription Fee and Traffic Charges:
STORADIO’s from time to time applicable Subscription Fee and Traffic Charges are set forth on STORADIO’s website, https://storadio.aero/pricing/. STORADIO may adjust the Subscription Fee and Traffic Charges on an annual basis, by the 1th of June, with an indexation of 2,8%. Any alteration of said fees or charges will be shown on STORADIO’s website in due time prior to the alteration enters into force.
6.5. Terms of payment and termination of Services:
All invoices shall be processed for payment by bank wire transfer, in time to be registered at STORADIO’s bank account no later than the due date stated on each invoice. STORADIO reserves the right to charge you a default interest of 7,5% per month on the outstanding invoiced amount from the due date until full payment is made.Payment shall be made to STORADIO’s bank account details as printed out on the invoice. In case of delayed or loss of payment as set out in clause 6.2 and 6.3, the Services will be terminated with immediate effect. In each such case, STORADIO is entitled to charge the Customer an additional Initial Fee as set out in clause 6.1 to re-open up the Customer-account.
7. PAYMENT INFORMATION
Invoice:All invoices will be sent as PDF-document to Customers email address (-es) as advised and updated by the Customer. Printed paper copies via Air Mail upon specific request, only, adding additional administrative/postage-fees. The payments shall be effected to ‘STORADIO’, Bank details as follows:
Nordea Bank Abp,
Filial i Sverige
105 71 STOCKHOLM
IBAN Code: SE87 9500 0099 6018 0119 6393
Each invoice-amount shall be paid as such – without split or accumulation. Customer bears full responsibility for any taxes, duties or wire transfer costs that may be imposed by Authorities or Banks. Company paper cheques are not accepted as payment.
During the term of the contract, support for rectifying Defects in the Service are included. “Defects” means reproducible cases where the Service materially fails to perform as promised.The support request must be submitted via [e-mail to [email protected] or any other e-mail designated by STORADIO].A support request shall include information about the Defect the Customer has experience. Furthermore, the Customer shall co-operate with STORADIO and provide all reasonable assistance necessary for STORADIO to diagnose, reproduce and assess the Defect.In the next invoice, the Customer will be credited an amount equivalent to the Subscription Fee during the time that the Defect persisted from the support request. If the Defect cannot be corrected within a reasonable time, the Customer may as its exclusive remedy terminate the Contract prematurely and be refunded any pre-paid Fees for the time not used.
If it turns out that the experienced Defect was not caused by the Service but instead by any handling error, Customer setting or its IT-provider or any other matter which STORADIO cannot control, then STORADIO may charge the Customer an hourly fee for the time spent on trouble shooting and support.
9. INTELLECTUAL PROPERTY RIGHTS
STORADIO retains all ownership and all rights to the Service, including data, know-how, patents, patent applications and statutory invention registrations, improvements such as any extension, new application, adaptation or further development of the know-how, any technical, economic, commercial or administrative data, written or oral as well as any product designs, drawings inventions, documents, magnetic support, product or material sample. Even if the Service is modified after input and suggestions from the Customer, the Customer has no right to such modifications and they shall automatically be assigned to STORADIO which may use them freely without any obligation to compensation the Customer.Unless the Customer has objected to it in writing, STORADIO may use the Customer as a reference case in STORADIO ´s sales materials (on its website, in printed materials or at meeting) and refer to the customer as user of the Service by using the Customer´s name, trademark and logo.
10. PERSONAL DATA
STORADIO will process the Customers personal data for the purpose of contacting, invoicing and send STORADIO´s newsletter. STORADIO will process the collected personal data safely and securely, all in accordance with the General Data Protection Regulation (“GDPR”).
11. GOVERNING LAW AND LITIGATION
11.1. Applicable Law:
The formation, validity, interpretation and performance of these General Terms and Conditions, and any disputes arising there under, shall be governed by and construed in accordance with the laws of Sweden.
11.2. Settlement of Disputes:
Customer and STORADIO agree that the courts of Sweden, with the District Court of Stockholm as the court of first instance, shall have jurisdiction to settle any disputes which may arise out of or in connection with these General Terms and Conditions.
12. STORADIO OPERATING DETAILS
Telephone H24: +46 8 601 7910
Fax: +46 8 601 7949
Type B: STOOOYF
E-mail: [email protected]
Postal address: BOX 1242, SE-131 28 Nacka Strand, Sweden