Pilot Terms

client = you
Company = rubric

Summary
After the Client fills out the worksheet and participates in the Pilot Discovery call, Rubric will create a ‘Pilot Report’ document outlining an advised website strategy including Goals, Audience, Competitive Analysis, Website Strategy, Content Strategy, Success Metrics, Preliminary Architecture, Design Inspiration, Design Strategy, Development, Project Scope, Timeline, Budget, and Next steps.

Revisions
This project is on a consulting basis and revisions are not included. Any change order requested will be taken into account and carried into the project scope after the Pilot Phase.

Delivery
Company’s estimated turnaround for delivery of the Pilot Report is two weeks after the Pilot Discovery call.

Compensation 
Client shall pay to Company for all Services rendered here under a flat fee totaling $1,000.00 (the “Fee”) for the Project. The Fee is payable within fifteen (15) days upon delivery of this Agreement.

Rights Transfer
Upon our receipt of the full payment, we assign to you all of our rights, title, and interest in and to the final designs and concepts. Until final payment is received, all rights are reserved.

Promotional Rights
Once the product is released, has been shown in public, or one year has passed since project completion, whichever is earliest, we will be entitled to use depictions of the designs and product (and any of your logos, trademarks, and other material therein) for promotional and marketing purposes.

Certain Exclusions
The Pilot Phase does not include photography, videography, illustration, copywriting, software development services or licensing of (a) third party materials (e.g., stock photography), (b) third party software (e.g., content management systems or font packages), or (c) third party services.

Limited Liability
Except to the extent prohibited by law: (a) neither party will be liable for any incidental, consequential, special, or indirect damages, including damages for loss of profit or savings, even if advised in the advance of the possibility of such damages, and notwithstanding the failure of any limited remedy; and (b) our maximum liability for any and all causes of action and claims arising out of or relating to our services provided pursuant to the proposal shall not exceed the amount paid to us by you for the Pilot Phase.

Confidentiality
Each party hereto acknowledges that in the course of interacting with one another, each party will be exposed to certain valuable information (confidential Information), which is owned and/or controlled by the other party, or its affiliates, the unauthorized disclosure of which could cause irreparable harm to the other party, including its principals, employees, clients, or affiliates. Each party hereto acknowledges that the other party (each respectively a “Disclosing Party”) is only willing to make disclosures of Confidential Information in reliance on the Recipient Party’s undertakings and assurances contained in the agreement. Confidential Information shall mean all information of any kind, regardless of format, that is not generally known to the public and that has been created, developed and/ or used by the Disclosing Party, or its principals, employees, clients, or affiliates, in connection with the Disclosing Party’s business, including but not limited to: (a) the non-public content of any creative work; advertising, marketing, and promotional plans; (c) business and financial information of any kind; and other non public information which a party knows or reasonably should know is not public information. Confidential Information shall be explicitly designated or marked “Confidential” by the Disclosing Party prior to or contemporaneous with disclosure to the Recipient Party. The Recipient Party agrees, in perpetuity, to hold all Confidential Information in the strictest of confidence, protecting it with at least reasonable care and is only permitted to use the Confidential Information in furtherance of activities related to the Agreement. The Recipient Party is only permitted to disclose Confidential Information to necessary employees, agents, or professional advisors (such as an attorney or accountant) to the extent such disclosure is necessary to perform all obligations due hereunder or pursuant to a validly enforceable order by a court or governmental authority of competent jurisdiction. The Recipient Party will notify the Disclosing Party promptly in the event any disclosure of Confidential Information in breach of the Agreement occurs. All Confidential Information shall remain the sole property of the Disclosing Party and the Recipient Party shall have no rights to or in the Confidential Information, unless otherwise explicitly stated in writing. Except as otherwise set forth in this Agreement, No license to the Confidential Information is implied or expressed by entering into the Agreement.

Disclaimer
While we will perform our services in a professional and workmanlike manner, consistent with industry standards, we cannot guarantee the success of the project. Therefore, all warranties, express or implied, including any warranties of fitness for a particular purpose, merchantability, and non-infringement, are hereby disclaimed.

Dispute Resolution
In the unlikely event that there is a dispute between you and us that we cannot resolve, the dispute shall be subject to the exclusive jurisdiction of the courts located in New York, New York, pursuant to New York law, and the party that prevails in the action will be entitled to its reasonable attorney’s fees and costs.