AvSKY Corporation, Inc. Terms of Service
These Terms of Service (“TOS”) (effective April 10, 2025) are entered into by AvSKY Corporation, Inc., a Florida-based corporation and global aviation brokerage, along with its subsidiaries, affiliates and holding companies (hereafter collectively “AvSKY Corporation, Inc.” or “brokerage” or “we/us”), and the client or customer (“Client” or “you”) who accesses or utilizes our services (collectively, the “Parties”). By using or engaging in any service offered by AvSKY Corporation, Inc. you agree to be bound by these TOS. If you do not agree to these terms, you must immediately decline to use our services.
Overview of Services
AvSKY Corporation, Inc. is an experienced aviation brokerage that facilitates the purchase, sale, lease, or exchange of aircraft. We provide a variety of services, including but not limited to identifying potential buyers or sellers, assisting with aircraft valuations, facilitating aircraft inspections and purchases, preparing transaction documents, and sourcing aircraft parts. The specific services you may engage with us for will be determined on a case-by-case basis.
Acceptance of Terms
By accessing or using our services, you agree to the terms and conditions outlined in these TOS. If you are accepting on behalf of a company or other entity, you warrant that you have the authority to bind such entity to these TOS. If you do not agree to these terms, immediately cease using our services. These TOS may be accepted by clicking “I Agree” or similar affirmation on our website or through other electronic means. Such acceptance is binding and valid as if you had signed a written document.
Scope of Services
The services provided by AvSKY Corporation, Inc. are limited to:
a) Brokerage Services: Acting as an intermediary in transactions involving aircraft, including but not limited to handling documents and coordinating inspections;
b) Aircraft Sales and Acquisitions: Identifying buyers or sellers for aircraft, facilitating negotiations, and assisting with the execution purchase/sale agreements;
c) Parts Sourcing: Providing aircraft parts that are meticulously catalogued, in-stock and expeditiously shipped; and
d) Other Services: Additional services may be provided upon mutual agreement and will be subject to separate terms and fees.
All services are provided on an “as-is” basis, and we make no representations or warranties regarding the quality or condition of any aircraft or transaction.
Client Responsibilities
You agree to provide accurate, truthful, and complete information about any aircraft you engage our services for to buy, sell, list, etc., your qualifications, and any other relevant details needed to facilitate the transaction(s). You agree to comply with all applicable laws, regulations, and industry standards, including those of the Federal Aviation Administration (FAA) and other relevant governing bodies. You agree to indemnify, defend, and hold harmless AvSKY Corporation, Inc. and its employees, agents, contractors, attorneys, and representatives from any and all claims, damages, losses, liabilities, and expenses arising out of or related to your use of our services, including any breach of these TOS.
Confidentiality
For the purposes of these TOS, “Confidential Information” refers to all proprietary, non-public, and/or sensitive information disclosed by either party to the other, whether orally, in writing, or through any other means, during the course of this engagement, including but not limited to: business plans, financial data, client lists, sales strategies, market analysis, aircraft details, buyer and seller contacts, and other materials or information relating to the brokerage services of AvSKY Corporation, Inc. The Client agrees to maintain the confidentiality of all Confidential Information disclosed by AvSKY Corporation, Inc. and shall not, directly or indirectly, use, disclose, distribute, or otherwise exploit any Confidential Information without the prior written consent of AvSKY Corporation, Inc., except as necessary to evaluate or proceed with the business relationship in accordance with these TOS. The Client shall not disclose any Confidential Information to any third party unless such disclosure is made to the Client’s employees, agents, representatives, or professional advisors who have a legitimate need to know such information, and who are bound by confidentiality obligations no less stringent than those set forth in these TOS.
The obligations under this section shall not apply to information that: (a) is or becomes publicly available through no breach of these TOS; (b) was in the Client’s possession prior to disclosure by AvSKY Corporation, Inc. (c) is lawfully obtained from a third party without breach of any confidentiality obligation under these TOS or applicable law; (d) is independently developed by the Client without reference to or reliance upon AvSKY Corporation, Inc.’s Confidential Information.
The Client acknowledges that all leads, contacts, and business relationships introduced by AvSKY Corporation, Inc. are confidential. The Client agrees not to directly or indirectly contact, solicit, or negotiate with any buyer, seller, or other third parties introduced by AvSKY Corporation, Inc. for any purpose related to the transaction or engagement, without the express written consent of AvSKY Corporation, Inc. If the Client enters into a transaction with any buyer, seller, or contact introduced by AvSKY Corporation, Inc. within one (1) year following the conclusion of this engagement (whether or not a broker’s agreement is signed), the Client agrees to compensate AvSKY Corporation, Inc. in accordance with Section VI.
The confidentiality obligations under this section shall survive the conclusion of any preliminary services provided by AvSKY Corporation, Inc. covered by these TOS and remain in full force and effect for a period of one (1) year following the cessation of engagement between AvSKY Corporation, Inc. and the Client.
Brokerage Commissions and Fees
Our commission or fee for brokerage services will be based on the final transaction price of the aircraft, and will typically range from 3% to 5% of the sale price, depending on the complexity and nature of the transaction. The exact commission or fee will be agreed upon in writing before engaging in any specific transaction. We do not charge any additional fees for services such as document preparation or facilitating aircraft inspections. Payments for our services are due upon completion of the transaction unless otherwise agreed in writing. Payment shall be made electronically or by wire transfer, and any applicable taxes, costs, or other charges will be borne by the Client.
By agreeing to these TOS and otherwise engaging AvSKY Corporation, Inc. to assist in the purchase or sale of an aircraft, you agree that if you enter into a transaction related to an aircraft identified by AvSKY Corporation, Inc. within 6 months of our initial engagement, whether or not the transaction is closed through our brokerage services, then AvSKY Corporation, Inc. is entitled to a commission of 5% of the final sale price or agreed-upon value of the aircraft. This commission shall be due and payable to AvSKY Corporation, Inc. even if the transaction is not closed through the brokerage’s direct involvement, provided that: a) you engaged the brokerage to buy or sell the aircraft, and the aircraft was introduced to you by AvSKY Corporation, Inc. or identified during the course of our engagement; and b) the transaction (sale or purchase) occurs within 6 months following the termination of the brokerage’s services or any cessation of active negotiations. This commission applies whether or not a broker’s agreement was executed between you and AvSKY Corporation, Inc. You acknowledge that this provision is enforceable even in the absence of a formal agreement, based on the initial introduction and engagement with the brokerage.
Limitation of Liability
AvSKY Corporation, Inc. does not warrant or guarantee the condition, quality, or legality of any aircraft involved in a transaction. We are not responsible for the accuracy of any information provided by third parties, including sellers or buyers. In no event will AvSKY Corporation, Inc. be liable for any indirect, consequential, incidental, or punitive damages arising out of or related to the use of our services, including but not limited to lost profits, business interruption, or any other type of financial loss. Our maximum liability to you for any claims arising out of or related to these TOS shall not exceed the total amount of commissions or fees you have paid to us for the specific transaction giving rise to the claim.
No Attorney-Client Relationship/Independent Legal Counsel
AvSKY Corporation, Inc. provides brokerage services in connection with the purchase, sale, and lease of aircraft. While the brokerage may engage legal counsel to assist with certain aspects of the transaction, such legal counsel is retained solely by AvSKY Corporation, Inc. and represents the interests of the brokerage only. AvSKY Corporation, Inc.’s attorney does not represent the interests of the Client in any legal capacity. The Client is strongly encouraged to seek independent legal counsel for advice, guidance, and representation concerning any legal matters related to the transaction(s), including but not limited to aircraft ownership, title transfer, FAA registration, tax implications, or any other legal or regulatory issues. The Client should not rely on AvSKY Corporation, Inc.’s legal counsel for legal advice or assume that the advice provided by the brokerage or its representatives constitutes legal advice. The Client acknowledges and agrees that AvSKY Corporation, Inc. and its attorney(s) have no obligation to provide legal advice to the Client, and any communication or documentation provided by AvSKY Corporation, Inc. or its legal counsel does not create an attorney-client relationship between the brokerage’s attorney and the Client.
Dispute Resolution
These TOS will be governed by and construed in accordance with the laws of the State of Florida, without regard to its conflict of laws principles. Any dispute, claim, or controversy arising out of or relating to these TOS shall be resolved through binding arbitration in Charlotte County, Florida under the rules of the American Arbitration Association (AAA) or similar organization. The decision of the arbitrator shall be final and binding on both parties. If arbitration is not used, both parties’ consent to the exclusive jurisdiction of the state and federal courts located in and for Charlotte County, Florida for the resolution of any disputes not resolved through arbitration.
Miscellaneous; Force Majeure
These TOS constitutes the entire understanding between the Parties with respect to the subject matter herein and supersedes all prior agreements, understandings, and representations. If any provision of these TOS is found to be invalid or unenforceable, the remainder of these TOS will continue in full force and effect. You may not assign or transfer any of your rights or obligations under these TOS without our prior written consent. AvSKY Corporation, Inc. may amend these TOS at any time by posting the updated version on our website. Your continued use of our services after such amendments constitutes acceptance of the revised terms.
Contact Information
For any questions or concerns regarding these Terms of Service, please contact us at:
AvSKY Corporation, Inc.
1460 S. McCall Rd., Building A, Unit 3G
Englewood, FL 34223
(941) 882-5391
info@avskyjets.com
counsel@avskyjets.com
Acknowledgment of Terms
By using our services, you acknowledge that you have read, understood, and agree to these Terms of Service.
