Terms and Conditions for MyPilot .Online
Last Updated: August 17, 2023
These terms and conditions ("Agreement") establish a legally binding agreement between MyPilot.Online, referred to as the "Contractor," and the individual or entity purchasing services from the Contractor, referred to as the "Client."
1.1 The Contractor agrees to provide the Client with services (the "Services") as specified in the Client's purchase order, quote, or other written or electronic communication.
1.2 The Contractor shall make reasonable efforts to ensure that the Services are created in a style and manner consistent with the Contractor's current portfolio. The Contractor will consider and attempt to incorporate any reasonable suggestions made by the Client. However, the Client acknowledges and agrees to the following:
a) Each client has unique tastes, budgets, and needs;
b) Web design and development services, brand creation, logo design, app development design, and general graphic design are subjective arts, and the Contractor has its own evolving style and technique;
c) The Contractor will exercise artistic judgment when providing Services, which may not strictly adhere to the Client's suggestions; and
d) While the Contractor will endeavor to incorporate the Client's suggestions and desires, the Contractor retains final authority regarding the aesthetic judgment and artistic quality of the Services.
2.1 For all Website Design Services, a deposit of at least 50% of the invoice balance is required to commence the project. If the Client chooses the Deposit Option rather than Pay In Full, they understand and accept that the deposit is non-refundable.
2.2 The remaining balance of all invoices must be paid within 15 days of the project being deemed completed by the Contractor. Invoices with outstanding balances beyond 15 days will be subject to a $15 per day service fee, up to a maximum of 30 days. The total additional charges and fees shall not exceed $450.
2.3 In the event of non-payment, the Contractor reserves the right to forward outstanding accounts to relevant collection agencies and pursue all methods available under applicable state or provincial law to collect the outstanding funds.
2.4 All projects under $700 USD must be paid in full at the beginning of the project.
2.5 The Client acknowledges that once the Services are completed and delivered by the Contractor, no refunds or chargebacks will be accepted, except in cases where the Contractor has failed to deliver the Services as agreed upon in this Agreement.
3.1 All intellectual property and related material, including trade secrets, moral rights, goodwill, registrations or applications for registration, and rights in any patent, copyright, trademark, trade dress, industrial design, and trade name (collectively referred to as the "Intellectual Property") developed or produced under this Agreement shall remain the sole property of the Contractor until the final invoice is paid in full.
3.2 The Client's use of the Intellectual Property shall be restricted until the invoice is paid in full.
4.1 The Contractor and the Client acknowledge and agree that the Services and all information and documentation related to the Services, including the Intellectual Property, are confidential and proprietary to the Contractor.
4.2 The Contractor and the Client agree not to disclose, directly or indirectly, any confidential or proprietary information or documentation to any third party without the prior written consent of the other party.
5.1 Either party may terminate this Agreement at any time for any reason by providing written notice to the other party.
5.2 In the event of termination, the Client shall promptly pay the Contractor for all Services rendered up to the date of termination.
5.3 Any provisions of this Agreement that, by their nature, should survive termination (including, but not limited to, sections 2, 3, 4, 5, and 6) shall continue to be binding upon the parties.
Prevention of Customer Chargebacks
6.1 The Client acknowledges that once the Services are completed and delivered by the Contractor, no refunds or chargebacks will be accepted, except in cases where the Contractor has failed to deliver the Services as agreed upon in this Agreement.
6.2 The Client agrees to provide written confirmation of the completion and satisfaction of the Services within five (5) business days after receiving the final deliverables. Failure to provide such confirmation within the specified timeframe may result in the Contractor considering the Services as completed and the project as finalized.
7.1 This Agreement constitutes the entire understanding between the Contractor and the Client, superseding all prior negotiations, understandings, or agreements, whether written or oral, relating to the subject matter of this Agreement.
7.2 This Agreement may not be amended or modified except in writing signed by both the Contractor and the Client.
7.3 This Agreement shall be binding upon and shall inure to the benefit of the parties hereto and their respective successors and assigns.
7.4 The parties acknowledge and agree that no joint venture, partnership, employment, or agency relationship exists between them as a result of this Agreement or the Services provided hereunder.
7.5 This Agreement shall be governed by and construed in accordance with the laws of the state or province in which the Contractor is located, without regard to conflict of laws principles. Any legal action or proceeding arising under or in connection with this Agreement shall be brought exclusively in the courts located in the same state or province.
7.6 The Contractor's failure to enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to by the Contractor in writing.
7.7 If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck, and the remaining provisions shall be enforced.
7.8 The headings and captions contained in this Agreement are inserted for convenience only and shall not affect the interpretation of this Agreement.
7.9 The Client may not assign or transfer this Agreement or any of its rights or obligations hereunder without the prior written consent of the Contractor.
7.10 This Agreement may be executed in counterparts, each of which shall be deemed an original, and all of which together shall constitute one and the same agreement.