Contractor Payments Terms of Service

Last updated: May 6, 2020

General Terms

This Contractor Payments Agreement (“Agreement”) is a legal agreement between Pilot Platform Inc., and its related affiliates and subsidiaries (“Pilot”, “us”, or “we”) and the entity (“Company”, “you”, “your”, or “user”) who uses Pilot’s Services (hereinafter defined). For purposes of this Agreement, Pilot and the Company are each a “Party,” and are collectively the “Parties”. This Agreement describes the terms and conditions that apply to your use of the Services.

If you do not understand any of the terms of this Agreement, please contact Pilot before using the Services.

Before using the Services, you must register with Pilot and create an account (a “Pilot Account”).

You may not access or use any Services unless you agree to abide by all of the terms and conditions in this Agreement.

Relationship to Other Agreements

Use of the Service binds you to this Agreement, and to any updates or modifications we may make from time to time. This Agreement governs your use of the Service. The Services Agreement and this Agreement are separate agreements. However, certain provisions of the Services Agreement are incorporated into this Agreement by reference. To the extent that there is a conflict between the incorporated provisions of the Services Agreement and the provisions of this Agreement, this Agreement will prevail. Any capitalized terms that are used but not defined in this Agreement have the meanings given in the Services Agreement.

Pilot shall provide Contractor Payment Services (“Services”) over Pilot’s Platform, as follows:

Company-Specific Obligations

  1. Company has independent contractors (“Contractor”) with whom they have contracted with directly and want to pay.
  2. Company shall make a request to Pilot to pay (“Contractor Payments”) such identified Contractors via Pilot’s Platform. Company must maintain sufficient funds in its bank account in order to cover Contractor Payments. For any amounts due and unpaid, Pilot may assess finance charges on such amounts and recover certain fees and costs of collection.
  3. The Company warrants that all such requested Contractor Payments are in compliance with all laws, regulations and statutory obligations.
  4. Company will indemnify and hold Pilot harmless from and against any liabilities, losses, damages, costs, and expenses, including reasonable attorneys’ fees, incurred by any of them resulting from Contractor’s failure to receive payment as a result of Company’s acts (e.g., breach of performance obligations under this Agreement) or omissions (e.g., insufficient funds) or arising out of or in connection with any issues relating to Contractor Payments where a third party (not the Company or Contractor) sues Pilot for related issues, such as worker classification issues. More specifically, Pilot will not be liable against third party losses arising from the direct relationship between the Company and the Contractor, including, but not limited to, fraud and worker classification, and Company will provide indemnity against any such causes of action.

Pilot-Specific Obligations

  1. Pursuant to this Agreement, Pilot is only providing processing payments assistance to Company. Pilot is not responsible for any work related services, including, but not limited to office space or equipment rental or payment of insurance and other social benefits, taxes, and required duties including, but not limited to, as each may be applicable, social security, third party insurance, income tax, and employer tax.
  2. Pilot will collect funds from the Company for the Contractor Payments. Such Contractor Payments will be sourced from Company’s bank account via ACH, as authorized by the Company. Pilot’s standard processing time for Contractor Payments is approximately 4 business days.
  3. If the Company does not have sufficient funds to cover the Contractor Payments, Pilot will not be obligated to pay the Contractor and will not be liable in any way for missed or late payments to the Contractor. In addition, Pilot will not be liable for any consequences or claims directly or indirectly arising from such failure to pay.
  4. If Pilot has paid the Contractor Payments, but after payment there are insufficient funds in the Company’s bank account to cover the Contractor Payments, Company must reimburse Pilot for the Contractor Payments not supported by sufficient funds. Such reimbursement must be made promptly.
  5. If Company requests that Pilot reverse a Contractor Payment, Pilot will take reasonable steps to reverse such payment. Pilot will not be liable for any situation in which Pilot is unable to reverse a Contractor Payment. Company must reimburse Pilot for any costs or fees incurred in Pilot’s attempt to reverse the requested Contractor Payment.

Payment Policy (for Company)

  1. Company’s payment to Pilot for these payment services will be provided for in the Pricing page. Company agrees to make all such payments as stated in the Pricing page and according to the terms set forth regarding payment in the Pricing page.