Terms and Conditions for Fuel purchasing with Wise International Support Expert LLC
1. Application / Scope
The subsequent provisions and stipulations shall be applicable to all acquisitions of aviation fuel and associated commodities and amenities between WISE INTERNATIONAL SUPPORT EXPERT LLC ("WISE"), including WISE's subsidiaries and trade designations, encompassing associates, affiliates, representatives, sub-contractors, directors, officers, employees, agents, and volunteers (jointly referred to as "Customer"). These terms and conditions shall serve as the comprehensive general regulations of WISE. The provision of WISE's products and services ("Services") to Customer is contingent upon the unaltered acceptance of all the terms, conditions, and notifications delineated herein (collectively referred to as the "Terms and Conditions") by Customer, as well as Customer's adherence to any additional provisions provided to Customer pertaining to the procurement of Services from, or via any arrangements facilitated by, WISE, unless expressly communicated otherwise in written form.
2. Customer Representations / Responsibilities
2.1 - Customer warrants and represents that:
- The party engaging in the agreement is at least 18 years old, if an individual, and if a business, it is legally permitted to conduct operations in its jurisdiction and is in accordance with all relevant laws, regulations, standards, and local laws when carrying out such operations.
- Possesses the legal and corporate power to establish a legally binding commitment and the authority to agree to the Terms and Conditions outlined herein. All information provided by the party engaging in the agreement to WISE, via any platform, including WISE's website, is accurate, truthful, up-to-date, and comprehensive.
- The party engaging in the agreement will protect its account details with WISE and will supervise and assume responsibility for any utilization of the account by anyone other than the party itself.
2.2 - The client recognizes that WISE maintains and preserves its prerogative to decline its offerings to the client at any given moment and for any grounds, including but not restricted to, any breach of WISE's Terms and Conditions, any violation of legislation regardless of whether the client is subject to prosecution for such violation, and if prosecuted, irrespective of the final resolution of the matter, and any initiation of insolvency proceedings by the client.
2.3 - The client shall bear exclusive responsibility for the conveyance of all aviation fuel to the client's aircraft(s) or any fuel storage facility designated by the client as stipulated herein, regardless of whether WISE engages in any aspect of said conveyance. Moreover, the client shall adhere to all provisions of local airport guidelines pertaining to the operation of its aircraft(s) or any designated fuel storage facility, encompassing any other pertinent standards, regulations, governmental decrees, statutes, and authorities.
2.4 - In conjunction with section 12 hereafter, the Customer agrees to hold harmless, protect, and secure WISE and its respective members, executives, administrators, workers, spouses, legal representatives, agents, successors, parent company, associates, subsidiaries, and assigns from and against all losses, responsibilities, claims, damages, and expenses (including reasonable attorneys' fees and costs) that may arise from or pertain to the actions or omissions of the Customer in the execution of the operations, activities, or conveyance of aviation fuel as delineated in this subsection, irrespective of whether or not any of the aforementioned operations, activities, or conveyance of aviation fuel are undertaken by WISE.
3. Fuel
3.1 - All amounts of "Fuel" (as specified in section 3.3) acquired by the Client from or via Wise International Support Expert LLC ("WISE") will be assessed and established according to meter readings at the designated drop-off site during the time of receipt. The Client recognizes and concurs that no modification will be made to Fuel quantities concerning the prevailing or atmospheric temperatures, irrespective of the situation. Any adjustments related to the prevailing or atmospheric temperatures, if applicable, will be determined at the sole and complete discretion of WISE.
3.2 - Subject to applicable statutes, regulations, principles, decrees, and approval by relevant authorities, the Client's entitlement to reasonably scrutinize and examine Fuel acquired in accordance with these Terms and Conditions shall be carried out at the Client's own cost upon Fuel delivery and before accepting said delivery. Should any Fuel or Fuel delivery fail to conform to section 3.3 herein or any relevant invoice or written agreement between WISE and the Client, the Client shall have the prerogative, prior to acceptance and through written notification to WISE, to either decline such Fuel or demand rectification. If the Client rejects any Fuel or submits a request for correction to WISE, WISE shall possess the right and opportunity to investigate the alleged non-compliant Fuel and verify whether it has been altered, modified, mixed with other substances, stored, or utilized in violation of prevailing industry standards. Once WISE has received written notification of non-compliance and has been afforded an opportunity to investigate as described above, any Fuel failing to meet the required quality and specifications shall be rectified or eliminated at WISE's expense. Nevertheless, the removal of Fuel under any other circumstances shall be solely borne by the Client. Any and all claims of non-compliance pertaining to quality, quantity, or other aspects must be submitted within a period of ten (10) days from the date of delivery.
3.3 - WISE guarantees and asserts that all air navigation fuel (referred to as the "Fuel") provided in accordance with these Terms and Conditions shall satisfy the requirements as outlined in the corresponding procurement request or any other documented agreement between the Customer and WISE, which precisely states the Fuel's designated standards and volume to be dispatched.
4. Delivery, Title, and Risk of Loss
All Fuel sales shall be categorized as either "In-Wing" or "In-Storage" transactions, as applicable. For the purpose of these provisions, "In-Wing" transactions entail that (a) delivery shall be considered complete upon the transfer of Fuel into the fuel reservoirs of the Customer's aircraft, and (b) ownership and liability for the Fuel shall be transferred from WISE to the Customer once the Fuel has traversed through the connecting hoses and entered the fuel reservoirs of said aircraft. As for the "In-Storage" transactions, it signifies that (a) the Fuel shall be dispensed into the designated storage tank(s) of the Customer, located at or near the specified airport or Customer facility, and (b) ownership and liability for the Fuel delivered hereunder shall be transferred from WISE to the Customer after the Fuel has passed through the connecting hoses and entered the designated storage tank(s).
5. Pricing
5.1 - The pricing and associated expenses for Fuel shall be determined periodically and exclusively by WISE INTERNATIONAL SUPPORT EXPERT LLC in U.S. Dollars, and shall not encompass any taxes, governmental levies, obligations, appraisals, charges, or other expenses, whether domestic or foreign, which may include, but are not limited to, sales tax, usage tax, value-added tax (VAT), goods and services tax (GST), petroleum tax, or any other tax, licensing fees, inspection fees, airport fees, or any additional charges linked to the procurement, sale, loading, and unloading of aviation fuel, subject to the requirements of applicable legislation, regulations, codes, and ordinances. All proposals, purchase orders, and/or invoices, including any appendices, amendments, or modifications, issued directly by WISE INTERNATIONAL SUPPORT EXPERT LLC and/or any of its parent companies, subsidiaries, or affiliated entities, are subject to these Terms and Conditions.
5.2 - Wise International Support Expert LLC retains the authority to adjust prices and estimates, encompassing, but not limited to, taxes and charges, at its discretion, irrespective of whether stated in any proposal, purchase order, and/or invoice, without prior notification, in response to market fluctuations, shifts in exchange rates, and/or the occurrence of any event that could lead to an upsurge in the price(s) of Fuel.
5.3 - In the event that Wise International Support Expert LLC's expenditure in furnishing Fuel or other Services to Customer escalates due to Wise International Support Expert LLC's incapability to procure Fuel or Services from its customary origins and established channels for such supplies, or otherwise as a consequence of circumstances beyond Wise International Support Expert LLC's influence, which includes the inability to secure commercially viable terms, Wise International Support Expert LLC reserves the prerogative to notify Customer in writing of its intention to augment the price payable at any affected delivery location by appending a surcharge (or an approximation thereof if the precise amount cannot be reasonably determined) concerning said escalation and/or alteration in price conditions. The aforementioned surcharge shall become effective upon Wise International Support Expert LLC's notification thereof, as outlined herein. Subsequently, Customer shall be entitled to issue written notice to Wise International Support Expert LLC within a period of ten (10) days subsequent to Wise International Support Expert LLC's notification, indicating the withdrawal of any affected delivery location. The withdrawal of the affected delivery location by Customer shall be implemented twenty (20) days following the date of Customer's withdrawal notice, in accordance with the provisions stated herein. Any price modification resulting from official government action, whether domestic or foreign, shall take effect from the date of said government action and shall not be subject to any notice as stipulated herein.
5.4 - Wise International Support Expert LLC retains the authority to impose a hookup fee of $50 for fuel uplifts below 500 USG, catering to the unique circumstances of each transaction. (Exempted from application in Venezuelan airports).
6. Taxes
6.1 - In addition to the Fuel price, Customer is also responsible for remitting all taxes and fees (including governmental taxes, duties, assessments, charges, whether local or international, such as sales tax, use tax, VAT, GST, mineral oil tax, license fees, inspection fees, airport fees, or any other charges linked to the purchase, sale, loading, and unloading of aviation fuel) to WISE INTERNATIONAL SUPPORT EXPERT LLC ("WISE"). The inclusion of tax or fee estimates in any proposal, purchase order, and/or invoice is provided for informational purposes only, and its applicability may vary depending on the laws of specific states, countries, or jurisdictions. Customer remains liable for any such taxes, governmental taxes, duties, assessments, fees, or charges, whether explicitly stated or not, and their omission or non-inclusion in any proposal, purchase order, and/or invoice shall not absolve Customer from their obligation. If WISE is subject to additional taxes or fees assessed or deemed applicable by local authorities, WISE may invoice Customer for such additional amounts, which Customer agrees to remit promptly.
6.2 - The Customer bears the obligation of ensuring the proper submission of all necessary exemption documentation for any tax-free flight directly to the fuel provider and ensuring that the exemption status is duly recorded during refueling. If WISE is levied with taxes for any exempted flight, such taxes shall be passed on to the Customer. At its own discretion, the Customer may pursue a reimbursement of taxes imposed on an exempted flight by engaging the relevant taxing authority. WISE is unable to initiate a claim for reimbursement or seek restitution for any international taxes erroneously charged.
6.3 - Customer undertakes to indemnify and absolve WISE from any claim, loss, liability, harm, or expenditure (including legal fees and expenses) that WISE may encounter as a result of Customer's non-compliance with the provisions outlined in this section.
7. Invoices
Wise International Support Expert LLC ("WISE") shall generate an invoice for Customer encompassing all outstanding amounts owed for the Services provided to Customer, which includes Fuel, as per the stipulations of these Terms and Conditions or any other written agreement mutually agreed upon. Each invoice exchanged between WISE and Customer shall be bound by these Terms and Conditions, incorporating any supplementary terms specified in the invoice. Any assertions or disputes arising from the invoice must be communicated to WISE within ten (10) days from the date of the invoice, using methods such as personal delivery, registered mail, overnight courier, email, or facsimile. Should Customer neglect to raise a dispute within the aforementioned period, the invoice shall be considered accurate and payable by Customer. All prices stated in the invoice, encompassing taxes, fees, assessments, or otherwise, shall be denominated in U.S. Dollars, unless explicitly stated otherwise.
8. Payments
8.1 - All remittances to WISE shall be rendered in U.S. Dollars, regardless of the denomination stated in any invoice, payable to the designated account of WISE as specified and/or indicated on the relevant invoice. Unless explicitly agreed upon through a written agreement between the involved parties, Customer is obliged to settle all payments prior to the provision of any Services, encompassing Fuel, being dispensed in accordance with these Terms and Conditions. The rendering of Services, including Fuel, shall be suspended or postponed until such time that WISE receives complete payment from Customer (in cleared funds), whereby WISE shall not assume liability for any detrimental consequences, inclusive of consequential, incidental, and/or extraordinary damages incurred by Customer as a result of any delay in delivering the Services due to non-payment. Outstanding amounts beyond the due date shall accrue interest at a rate of 1.5% per month and be subject to a $100 late fee, provided it does not surpass the maximum rate permitted by applicable legislation. The waiver by WISE of any relevant interest charge or fee pertaining to a specific invoice or outstanding amount shall not be construed as a renunciation by WISE of its entitlement to impose such charges or fees on subsequent deliveries, invoices, or overdue amounts.
8.2 - In the event that multiple invoices or obligations remain outstanding, WISE retains the prerogative to allocate Customer payments to any outstanding invoice or obligation of Customer in any manner it deems fit at its sole discretion. Customer shall be responsible for reimbursing all reasonable attorneys' fees and expenses incurred by WISE in the course of recovering any unpaid invoices, amounts, or obligations owed by Customer, regardless of whether legal action is initiated or not. Alongside the rights delineated in these Terms and Conditions and/or all other remedies and entitlements available to it under the law, whether in terms of statute or equitable principles, WISE reserves the right to halt any deliveries or provision of Services to Customer if Customer fails to fulfill any payment obligations as stipulated herein and may demand full payment for all outstanding invoices or financial obligations. WISE's authority to suspend deliveries of Fuel or provision of Services to Customer extends to any Customer to whom credit terms have been extended in accordance with Section 9 below, without limitations, particularly in instances where Customer's unsettled balances surpass the applicable credit limits and WISE harbors concerns regarding Customer's financial standing or creditworthiness.
8.3 - Irrespective of any disagreement, including but not limited to disputes concerning the caliber or volumes of Fuel, accuracy of the amounts owed, or any other issue, it is incumbent upon Customer to promptly remit the entire outstanding sum specified in any invoice, regardless of whether Customer contests the entirety or a portion of said amount. Any disputes shall be addressed exclusively between WISE and Customer subsequent to the payment being made. Any reimbursement owed by WISE upon the resolution of such dispute shall be disbursed to Customer.
9. Credit Application / Terms
9.1 - Any granting of credit by Wise International Support Expert LLC ("WISE") to Customer shall be governed by these Terms and Conditions, encompassing any provision delineated in Customer's credit application or other written agreement between the involved parties. The determination of Customer's credit threshold shall lie within the sole discretion of WISE. WISE retains the prerogative to curtail, alter, or withdraw any credit availability or credit threshold at its sole discretion, at any given time, by issuing notice to Customer.
9.2 - In pursuance of the aforementioned Section 1 and in alignment with the subsequent Article 17, Customer conveys to WISE and its agents, employees, representatives, parent company, subsidiaries, and affiliates the authority to acquire and solicit from any individual, entity, credit agencies, financial establishments, credit cooperatives, banks, or other sources, any pertinent data concerning the financial standing, credit record, credit rating, deposits, account balances, revenue streams, possessions, liabilities, collateral interests, and mortgages of Customer and/or any personal guarantor(s).
9.3 - WISE will make every effort to uphold the accuracy of the information concerning Customer and/or individuals utilizing this website. If Customer or any prospective customer and user of this platform wish to examine or modify the particulars provided to WISE, please reach out to WISE to facilitate the process.
10. Security Agreements / Liens
10.1 - It is the express intention and mutual agreement of WISE and Customer that these Terms and Conditions, specifically the provisions outlined in Article 10, shall serve as a pledge agreement under the Uniform Commercial Code or a similar regulation of a foreign jurisdiction. With the aim of securing the payment of amounts owed by Customer to WISE, and in consideration of any Services provided and credit terms extended to Customer (including any future advances by WISE to Customer), Customer hereby grants WISE a primary security interest in all of its outstanding receivables, as well as in the Services (including fuel) rendered by WISE and the aircraft for which fuel and other Services were provided ("Collateral"), until such time as all amounts due from Customer to WISE are fully settled. Customer agrees that, at Customer's expense, Customer will promptly execute and deliver any additional instruments and documents and undertake all necessary or desirable actions, as reasonably requested by WISE, to perfect and safeguard the security interest granted or purportedly granted hereby and to enable WISE to exercise and enforce its rights and remedies hereunder and under the UCC in relation to the Collateral. Furthermore, Customer hereby grants authorization to WISE to file one or more financing statements, continuation statements, or similar documents, as well as any necessary amendments, concerning all or any portion of the Collateral, without requiring additional signatures or written consent from Customer (or the aircraft owner, if different from Customer), for the purpose of perfecting WISE's security interest as provided herein and as permitted by applicable law. This security agreement shall establish an ongoing security interest in the Collateral, which shall (a) remain fully effective until WISE receives complete payment of all amounts due from Customer, (b) be binding upon Customer, its successors, and assigns, and (c) confer benefits upon WISE, its successors, transferees, and assigns.
10.2 - In the event that Customer fails to fulfill their obligation of full payment within the specified timeframe, Customer acknowledges and agrees that WISE (or any affiliated entity) may, in addition to all other rights and remedies stated herein or in accordance with applicable law or fairness, exercise any and all legal or equitable lien rights (including the lien rights of any participating aviation merchants who have provided lienable Services to Customer) for the enforcement of WISE's entitlement to payment under this Agreement. Furthermore, Customer hereby grants authorization to WISE to initiate the filing of a claim of lien (or liens) for (a) the outstanding charges, (b) late fees calculated at an annual percentage rate of 18.0% from the date of the oldest unpaid services, (c) expenses related to aircraft title searches, (d) registration and filing fees, (e) costs incurred in the collection process, and (f) attorney fees, against any aircraft for which (i) Services have been or were rendered and (ii) charges have been incurred and posted to Customer's WISE account. Customer represents and warrants that Customer either possesses legal ownership of the aircraft for which Services are acquired or is lawfully authorized to possess the aircraft with the explicit consent of the owner to procure goods and services for the aircraft from, or on credit extended by, WISE.
10.3 - In acknowledgment of the global and dynamic nature of aviation and aircraft operations, and recognizing the importance of legal certainty, predictability, and convenience, as well as to eliminate the need for multiple lien filings, any potential lien lodged by WISE shall be based, at the sole discretion of WISE, on either the aircraft lien statute of the State of Florida or the aircraft lien statute of another state or country where the aircraft is registered or stationed. This determination shall be made irrespective of (a) the Customer's residence or business location, (b) the aircraft owner's residence or business location, (c) the location of the aircraft at the time of service provision or charge incurrence, (d) the aircraft's registration details, or (e) any other jurisdictional considerations that may be applicable. Additionally, any aircraft lien may also be filed with the International Registry in accordance with the provisions outlined in the Convention on International Interests in Mobile Equipment. The Customer shall bear full liability for all costs and expenses related to lien preparation, filing, and registrations, as well as collection efforts, legal proceedings, including but not limited to filing fees, late charges, attorney fees, court expenses, discovery costs, and any other expenses incurred by WISE in safeguarding, preserving, enforcing, or defending its rights under this agreement.
10.4 - In the event of nonpayment, Wise International Support Expert LLC ("WISE") may subsequently commence legal proceedings against the Customer (and/or the aircraft owner) to enforce the security agreement(s), initiate lien foreclosure, and recover the outstanding debt. The Customer acknowledges that the appropriate venue for enforcing this Agreement, pursuing any lien-related matters, or undertaking legal actions arising from said lien or financing statement shall be the county courts of Miami-Dade County, Florida, USA. This choice of venue remains applicable regardless of (a) the monetary value of the dispute, (b) the Customer's domicile or business operations, or (c) the location where the services were rendered. Furthermore, any conflict-of-laws rule or principle that might otherwise direct the interpretation or application of these terms to the law of another jurisdiction shall be excluded. By purchasing fuel or availing other services from WISE, or by utilizing the WISE credit account, the Customer signifies acceptance of these terms and conditions, thereby waiving any objections to the aforementioned choice of law or forum. Service of process, accomplished through certified mail with a return receipt requested, prepaid postage, and mailed to the Customer's address specified in the application, shall be deemed sufficient to confer jurisdiction, regardless of the Customer's geographic location or business operations. WISE retains the right to modify or amend these terms periodically, and all charges incurred subsequent to such changes shall be subject to the revised terms.
10.5 - Customer undertakes to indemnify, defend, and protect WISE and its members, officers, directors, employees, spouses, legal representatives, agents, successors, parent company, affiliates, subsidiaries, and assigns from and against any and all losses, liabilities, claims, damages, and expenses (including, but not limited to, reasonable attorneys' fees and costs) that may arise as a result of or in connection with the provision of fuel or services or the imposition of any lien on an aircraft for which charges were incurred and applied to the Customer's WISE account. Under no circumstances shall WISE be held liable to the Customer or any third party for any consequential, incidental, indirect, special, or punitive damages, regardless of the circumstances, even if WISE has been made aware of the potential for such damages.
10.6 - In the event that the Customer defaults on these Terms and Conditions, WISE shall have the right to exercise all rights and remedies provided herein and permitted by law, equity, or otherwise, including (but not limited to) accepting the Collateral as complete or partial satisfaction of the Customer's obligations, or retaining, repossessing, and selling the Collateral without the need for a court order, in accordance with the provisions of Article 9 of the Uniform Commercial Code. If necessary, the Customer shall execute and deliver any required documents of title to the Collateral. In the case of default, the Customer shall be responsible for covering all reasonable costs and expenses associated with repossession, insurance, storage, and sale of the Collateral, including attorneys' fees.
11. Force Majeure
WISE shall not be obliged to fulfill any obligation to the Customer if WISE's performance is hindered or prevented by circumstances outside of WISE's reasonable control. WISE shall promptly notify the Customer of any such circumstances. However, under no circumstances shall such circumstances release the Customer from the obligation to make payment for the Services, including Fuel, that have already been provided by WISE.
12. Disclaimer of Warranty / Limitation of Liability
WISE does not provide any warranty or representation of any kind, whether explicitly stated or implied, by operation of law or otherwise, including all implied warranties of merchantability or fitness for a specific purpose, regarding any fuel and/or services sold to the Customer under this agreement. WISE explicitly disclaims, and the Customer hereby waives, all warranties, guarantees, obligations, liabilities, rights, and remedies pertaining to said fuel and services, whether explicitly stated or implied, arising by law or otherwise, including but not limited to:
A. - An implicit warranty of merchantability.
B. - Any implicit warranty arising from the course of performance, course of dealing, or trade usage.
C. - Any implicit warranty of fitness.
Unless solely caused by WISE's extreme negligence or intentional act, WISE shall bear no liability to the Customer regarding any claim, loss, or damages, of any nature, attributable to the fuel and/or services provided by WISE under this agreement. WISE and the Customer agree that WISE shall not be directly or indirectly liable for any consequential, incidental, special, indirect, or exemplary damages arising in any way from the sale, handling, supply, or use of the goods and services sold, including fuel, or from any other breach of these terms and conditions, any purchase order, quotation, proposal, or any other agreement between WISE and the Customer. It is the responsibility of the Customer to conduct any necessary inspections and investigations to determine the integrity, fitness, or suitability of the goods and services, including fuel, provided under this agreement.
13. Indemnification
Customer agrees to indemnify, defend, and protect Wise International Support Expert LLC ("WISE") and its respective members, officers, directors, employees, spouses, legal representatives, agents, successors, parent company, subsidiaries, and assigns from and against all losses, liabilities, claims, damages, and costs (including, but not limited to, reasonable attorneys' fees and costs) that may arise as a result of any claim made by any third party in connection with any fuel or services provided under this agreement. Under no circumstances shall Wise be held liable to the Customer or any third party for any consequential, incidental, indirect, special, or punitive damages, regardless of the circumstances, even if WISE has been made aware of the potential for such damages.
14. Export Control
The term "Designated Jurisdiction" shall refer to the countries listed in Country Groups q, s, w, y, and z as specified in section 770 supplement no. 1 of the export Administration Regulations of the United States (15 d.f.r. part 770). Customer explicitly agrees not to export and shall refrain from directly or indirectly supplying or facilitating access to any Jet Fuel purchased from WISE to any Designated Jurisdiction or Entity in a Designated Jurisdiction (or any other Country as may be identified periodically by the United States Department of Commerce, or any United States law, rule, regulation, or order, or any treaty) or for the purpose of servicing equipment owned, controlled, or used by such Military or Police Entities.
15. Third Parties
WISE has developed and continues to develop a worldwide network of persons and entities to provide WISE's Services, including Fuel, requested by Customer ("Third Party Providers"). Third Party Providers are independent contractors, and WISE does not have the right to supervise and does not supervise details of their operations. WISE shall not be liable for the acts and omissions of any such Third-Party Providers. WISE's sole obligation shall be to use ordinary care in the selection of any such Third-Party Providers. WISE disclaims all liability for any acts or omissions of any Third-Party Providers, including, without limitation, agents, independent contractors, subcontractors, transporters, into-plane agent, or service providers.
16. Confidentiality
Customer recognizes that these Terms and Conditions, encompassing, but not restricted to, details about pricing and/or any additional provisions concerning the provision of Fuel or Services, are considered confidential. Customer and WISE shall refrain from revealing any such information to any external party without the prior written authorization of the opposing party, except when compelled by court order or other legally binding regulations.
17. Privacy Policy
17.1 - This privacy statement pertains to Wise International Support Expert LLC's ("WISE") acquisition or utilization of Customer's individual data (including, but not restricted to, given and family name, corporate details, contact numbers, postal and electronic mail addresses, fax numbers, billing particulars, and credit data) obtained through or in association with the Fuel or Services presented to Customer, or when examining these Terms and Conditions via WISE's online platform, in association with the utilization of the website. For the aims of this policy, "this online platform" refers to Wise Website, which may include connections to other WISE websites.
17.2 - WISE gathers and employs individual data for the purpose of, but not limited to: overseeing quality assurance and ensuring adherence to all relevant statutes, regulations, standards, and bylaws; addressing inquiries or solicitations made by the Customer; handling orders or applications submitted by the Customer; managing Customer accounts; executing or otherwise fulfilling WISE's commitments concerning any agreement that the Customer may have with WISE, including these Terms and Conditions; foreseeing and resolving issues related to any Fuel or Services provided to the Customer; processing the Customer's credit application as per Article 9 above and/or evaluating the Customer's creditworthiness, risks, or other aspects related to any credit extension from WISE to the Customer; and devising products or Services that might cater to the Customer's requirements.
17.3 - Customer bestows upon WISE the privilege to reveal any personal data pertaining to the Customer to: any agents, staff, representatives, parent company, subsidiary entities, affiliated organizations, assigns, and Third-Party Providers affiliated with WISE, who might undertake Services associated with or relevant to the Customer's account; credit agencies and/or reporting institutions; any individual, entity, or government official/agency/authority as mandated or permitted by law; and/or any person or entity as deemed essential or suitable by WISE.
17.4 - WISE retains the authority to request the prompt payment of all outstanding financial obligations, irrespective of any credit extension or other factors, should WISE ascertain and/or uncover any inaccuracies, fraudulence, or material misrepresentations in the information provided by the Customer. This applies regardless of the Customer's intentions or any deliberate actions on their part.
18. Waiver of Consumer Rights
Customer relinquishes all entitlements, assertions, legal grounds, and redress options conferred by the Florida Deceptive and Unfair Trade Practices Act (§§ 501.201, et seq., Florida Statutes) and/or Texas Deceptive Trade Practices Consumer Protection Act (§§ 17.41, et seq., Business & Commerce Code), a statute that confers specific privileges and safeguards upon consumers. Customer acknowledges that it has sought guidance from an impartial attorney of its own choosing and willingly grants consent to this relinquishment.
19. Waiver of Jury Trial
The parties consciously and willingly Forgo any entitlement to Trial by Jury in connection with any Legal Action initiated by any party arising from or in connection with this Agreement.
20. Notices
All notifications, requests, demands, or other correspondences required or permitted herein shall be in written form and shall be deemed to have been duly delivered upon receipt in person, or via expedited courier, telecopy, electronic mail transmission, or upon the expiration of three (3) days after the date dispatched via certified mail with return receipt requested. All communications dispatched by mail, courier service, or any other relevant service shall be directed to Wise International Support Expert LLC, located at 2130 NE 35th St, Lighthouse Point, FL 33064, USA. In the case of Customer, such communications shall be sent to the address furnished by Customer. Either party may modify the address, telephone numbers, facsimile number, or electronic messaging system particulars to which notifications or other communications are to be transmitted by means of written notice to the other party.
21. Waiver
The inability of Wise International Support Expert LLC to enforce any of its entitlements herein shall not be construed as an abandonment of said entitlements or any other entitlements contained herein. No abandonment or alteration of any of the stipulations herein shall be valid unless it is in written form and endorsed by Wise International Support Expert LLC and Consultant. Any such documented abandonment shall solely apply to the particular occurrence to which it pertains and shall not be deemed an ongoing or forthcoming abandonment.
22. Amendments
Wise International Support Expert LLC retains the right to modify these Terms and Conditions at its discretion, without prior notice. It is advisable for the Customer to seek the latest version of the Terms and Conditions from Wise International Support Expert LLC or periodically revisit this website to stay informed about the most recent updates. Any such alteration, adjustment, or revision shall be binding upon the Customer. By utilizing the website or engaging in the purchase of Fuel or Services following such modifications, the Customer signifies their acceptance of said changes, amendments, modifications, or revisions. In the event of accessing these Terms and Conditions on Wise International Support Expert LLC's website, the Customer is further advised to review each page they visit on this site. Certain locations may have distinct additional Terms and Conditions that are applicable to the use or interaction with those specific locations. The terms and conditions relevant to any particular page on this site may also be modified without prior notice. The Customer's usage of that location implies their acceptance of those distinct additional terms and conditions.
23. Binding Effect / Assignment
This Agreement shall hold sway over the parties involved, along with their heirs, legal representatives, successors, and assigns. Customer is prohibited from transferring any right or obligation arising from these Terms and Conditions without obtaining the prior written consent of Wise International Support Expert LLC. Any endeavor by Customer to assign or delegate any obligation outlined herein shall be rendered null and void.
24. Headings
The titles utilized herein are for ease of reference solely and shall not govern, impact the interpretation or construction, restrict the extent or intention of any of the provisions set forth herein.
25. Severability / Reformation
The nullity or unenforceability, be it complete or partial, of any agreement, commitment, or obligation, or any section, subsection, paragraph, sentence, clause, phrase, or term, or of any provision herein by any tribunal duly convened, either fully or partially, for such purpose, shall not impair the legality or enforceability of the remaining parts thereof. Furthermore, the parties hereby concur that any invalid provision shall be rectified by the tribunal to ensure its validity and enforceability, striving to achieve the closest approximation possible to the original intent and objectives of the parties.
26. Governing Law, Jurisdiction and Venue
These Terms and Conditions, along with any other written agreement between the parties, are deemed to have been delivered in the state of Florida and shall be governed in all respects by, and interpreted, enforced, and administered in accordance with the internal substantive laws of the state of Florida applicable to agreements made within said state by its residents and as if fully performed within said state, encompassing all aspects of interpretation, validity, and execution. These Terms and Conditions, as well as any amendment hereto, may be executed in multiple counterparts, each of which shall be deemed an original, and all such counterparts shall collectively constitute one and the same instrument. The parties hereby consent to the exclusive jurisdiction of the State courts located in Florida, USA, except to the extent that the law of another jurisdiction may mandatorily apply to proceedings brought for the enforcement by Wise International Support Expert LLC of its rights under this agreement; provided that any remedies provided herein, which are valid under the laws of the jurisdiction where enforcement proceedings are initiated, shall not be affected by any invalidity under the laws of the State of Texas.
27. Attorney Fees
In the event of any controversy, claim, dispute, or legal proceedings arising from or concerning these Terms and Conditions, the party prevailing in such matter shall be entitled to receive reimbursement for all reasonable expenditures, costs, and legal fees incurred in relation to said litigation.
28. Survival
Any cessation of these Terms and Conditions, however, shall not impact the continuing provisions contained herein, which shall persist and remain valid following said cessation as set forth in their respective terms.