These Terms of Business describe the standard basis on which AerialView supplies business-to-business research, analysis, dashboard, reporting, data-storytelling and related services. Individual projects may also be governed by a proposal, Statement of Work, Data Processing Agreement or General Services Agreement. Where a project-specific document expressly differs from these terms, the project-specific document takes priority for that issue.
About these terms
These terms apply to services supplied under the AerialView trading name to business and organisational clients.
They are intended for business-to-business services. They are not consumer terms and should not be relied on for purchases made wholly or mainly for personal use.
Contact: enquiries@aerialviewhome.co.uk.
How projects are agreed
A project will normally be described in a written proposal, quote, Statement of Work or other written confirmation. That document may set out:
- the services and deliverables;
- project stages and indicative timings;
- client inputs and dependencies;
- fees, payment milestones and third-party costs;
- review rounds and acceptance arrangements; and
- any project-specific data protection, hosting, licensing or support terms.
A project begins when the parties have agreed to proceed in writing, including by signed document, purchase order where accepted, or clear written approval by email.
If AerialView and the client sign a separate General Services Agreement or Statement of Work, those documents form part of the contractual arrangement and may contain more detailed or project-specific terms.
Services and delivery
AerialView will provide the agreed services and deliverables with reasonable care and skill and may use reasonable professional judgement in analysis, interpretation, presentation and design.
Unless expressly stated to be fixed, delivery dates are estimates. Timings may depend on the client supplying data, access, decisions, approvals and feedback when required.
AerialView is not responsible for delay caused by missing, late or materially changed client inputs, or by third-party systems and services outside AerialView’s reasonable control.
Client responsibilities
The client is responsible for providing information, data, materials, access and approvals reasonably required for the project.
The client confirms that it has the rights, permissions and lawful bases needed to provide any data, branding, documents or other materials supplied to AerialView and to instruct AerialView to use them for the agreed services.
The client remains responsible for business decisions made using the deliverables. Unless expressly agreed otherwise, AerialView does not provide legal, financial, tax, medical or other regulated professional advice.
Changes to scope
Either party may propose changes to scope, timing or deliverables. Material changes may affect fees, timing and dependencies.
AerialView is not required to carry out material additional work until the effect of the change has been agreed in writing. Minor clarifications that remain within the agreed scope will not normally be treated as a chargeable change.
Fees, invoices and payment
Fees and any payment schedule will be stated in the relevant proposal, quote or Statement of Work. VAT will be added where legally applicable.
Unless otherwise agreed in writing, invoices are due within 30 days of the invoice date.
If the client requires a purchase order, supplier onboarding, invoice portal or particular billing process, the client should provide the necessary details before the relevant work starts or invoice is issued.
A purchase order is treated as an administrative requirement and does not by itself replace or vary agreed contractual terms unless AerialView expressly agrees to that variation in writing.
Where legally available, AerialView may claim statutory interest and recovery costs on overdue business-to-business invoices unless a different lawful arrangement has been expressly agreed.
Reasonable pre-approved expenses and third-party costs may be charged where they are included in the project scope or separately approved by the client.
Intellectual property
The client’s pre-existing data, branding, documents and other supplied materials remain owned by the client or its licensors.
AerialView retains ownership of its pre-existing and reusable methods, know-how, code, templates, analytical frameworks, visual systems, design systems and tools.
Unless a project document states otherwise, once all relevant fees have been paid AerialView grants the client a perpetual, worldwide, royalty-free, non-exclusive licence to use, reproduce and internally adapt the final deliverables for the client’s own business purposes.
This licence does not transfer ownership of AerialView’s reusable background materials and does not permit those materials, tools or code to be resold, sublicensed or commercially exploited as a standalone product unless separately agreed in writing.
If a client requires assignment of specified intellectual property rather than a licence, that must be expressly agreed in writing and may affect the project fee.
Confidentiality
Each party will keep the other party’s confidential information confidential and use it only as reasonably necessary to provide or receive the services.
This does not apply to information that is already public other than through breach, was already lawfully known, is independently developed, or is lawfully received from another source without restriction.
A party may disclose confidential information where required by law, a court, regulator or other competent authority, so far as legally permitted.
AerialView will not publicly identify a client, use its logo, disclose confidential project information or publish project outputs as a case study without prior permission.
Data protection and security
Each party is responsible for complying with applicable UK data-protection law for the personal information it processes.
Where AerialView processes personal data on the client’s behalf as a processor, an appropriate Data Processing Agreement will be entered into or applied before that processing begins where required.
The parties will agree a suitable method for transferring project data. Special category, criminal-offence or other high-risk personal data should not be sent to AerialView unless it has been expressly agreed and suitable safeguards are in place.
AerialView may use reputable hosting, cloud, form, storage and technology providers where reasonably necessary, subject to applicable contractual and data-protection requirements.
Further information about AerialView’s own processing of website, enquiry and business-contact information is available in the Privacy Policy.
Data accuracy and analytical limitations
Unless data-validation work is expressly included in the project scope, AerialView may rely on information and source data supplied by the client.
AerialView will take reasonable care in analysis but cannot warrant that client-supplied or third-party source data is complete, accurate or error-free.
Research findings, statistical interpretation, forecasts, scenarios, recommendations and other analytical outputs may involve professional judgement and uncertainty. They should not be treated as guarantees of future performance or outcomes.
Review, feedback and corrections
The client should review draft deliverables within the agreed review period and provide clear, consolidated feedback.
AerialView will correct material errors in deliverables that were caused by AerialView and are notified within a reasonable period following final delivery or within any period specified in the project documents.
Requests that alter the agreed source data, requirements, design direction or scope may be treated as additional work.
Liability
Nothing in these terms excludes or limits liability where doing so would be unlawful, including liability for death or personal injury caused by negligence, fraud or fraudulent misrepresentation.
Subject to any more specific terms agreed for a project, neither party will be liable to the other for indirect or consequential loss, or for loss of profit, revenue, business opportunity, goodwill or anticipated savings, to the extent such exclusion is legally effective.
Where a General Services Agreement or Statement of Work applies, any agreed financial liability cap or project-specific allocation of risk will be set out there.
Different projects can carry very different levels of commercial, technical and data risk. Any specific liability cap, insurance requirement or enhanced commitment should therefore be recorded in the applicable project agreement rather than assumed from the website alone.
Cancellation and termination
Project-specific cancellation and termination rights may be set out in the Statement of Work or other agreement.
Where agreed, either party may terminate for a material breach that is not remedied within the stated remedy period. A project may also be capable of immediate termination in circumstances such as insolvency or cessation of business, subject to applicable law and the relevant agreement.
If a client cancels a project for convenience and AerialView agrees to that cancellation, the client will remain responsible for work properly performed and non-cancellable costs already committed, together with any agreed cancellation charge that reasonably reflects the position.
Terms concerning payment, confidentiality, intellectual property, data protection and liability may continue after a project ends where their nature requires them to do so.
General terms
Third-party services
AerialView may use third-party software, hosting, data, cloud or technical services where appropriate. Those services may be subject to their own terms, availability and operational limitations.
Subcontractors
AerialView may use suitable subcontractors for elements of the services while remaining responsible for their performance, subject to any project-specific restrictions and applicable data-processing requirements.
Events beyond reasonable control
Neither party will be responsible for delay or failure caused by events beyond its reasonable control where it takes reasonable steps to reduce the impact and keeps the other party appropriately informed.
No waiver and severability
A failure to enforce a contractual right does not waive that right. If any provision is found invalid or unenforceable, the remaining provisions continue in effect so far as legally possible.
Entire agreement
The written project documents agreed by the parties form the agreement for the relevant services and replace prior discussions concerning the same subject matter, except that nothing limits liability for fraud or fraudulent misrepresentation.
Third-party rights
Unless expressly stated otherwise in an agreed project document, no person other than AerialView and the client has a right to enforce the contract under the Contracts (Rights of Third Parties) Act 1999.
Governing law and jurisdiction
Unless a project agreement expressly states otherwise, these terms and any non-contractual obligations arising from them are governed by the law of England and Wales.
The courts of England and Wales will have exclusive jurisdiction, unless the parties agree another dispute-resolution process in writing.
AerialView may update these Terms of Business from time to time. The terms applicable to a particular project are those incorporated into the agreement for that project.
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