EricGillette.com LLC

Terms & Conditions
Master Services Agreement (MSA)

Version: 0.19
Effective Date: January 17, 2026

Purpose of this Agreement

This Terms & Conditions and Master Services Agreement ("Agreement") governs the relationship between EricGillette.com LLC ("Company") and its Clients with respect to the products and services provided by the Company. It is intended to establish clear expectations, promote fair business practices, protect both parties, and reduce misunderstandings through written policies that apply to all services unless otherwise agreed in writing.

Table of Contents

1. Acceptance of Terms

These Terms & Conditions govern the products and services provided by EricGillette.com LLC.

2. Billing Authorization

By requesting, scheduling, approving, or accepting any service provided by EricGillette.com LLC ("Company"), the Client authorizes the Company to invoice and collect payment for all approved labor, products, materials, software, subscriptions, travel charges, shipping charges, and other authorized services.

Billing Authorization continues for any and all invoices until and unless revoked in writing and acknowledged by the Company. A written revocation does not affect charges or obligations incurred before the Company acknowledges the revocation.

3. Payment Terms

3.1 Authorization to Bill

By requesting, scheduling, approving, or accepting any service provided by EricGillette.com LLC ("Company"), the Client authorizes the Company to invoice and collect payment for all approved labor, products, materials, software, subscriptions, travel charges, shipping charges, and other authorized services.

Where applicable, the Client's execution of a Billing Authorization Form, electronic authorization, digital signature, email approval, text message approval, or other written authorization shall constitute authorization to charge the agreed payment method for the authorized services.

The Client further acknowledges that acceptance of completed work, continued use of installed products or services, failure to object to the services or direct the Company to cease work prior to completion, or failure to timely object following completion, may constitute evidence that the services were authorized, accepted, and satisfactorily performed.

Unless expressly revoked in writing and acknowledged by the Company, any Billing Authorization shall remain valid and continue to apply to any and all invoices, services, products, recurring charges, subscriptions, maintenance plans, hosting services, renewals, and other authorized transactions arising from the ongoing business relationship between the Client and the Company.

The Client acknowledges that initiating a payment dispute, chargeback, ACH reversal, payment reversal, or similar dispute through a financial institution or payment processor does not, by itself, extinguish the Client's underlying contractual obligation to pay for authorized goods or services actually provided.

3.2 Payment Due

Unless otherwise agreed to in writing, payment is due immediately upon completion of services and receipt of the invoice. Recurring services are due according to the applicable billing cycle.

3.3 Accepted Payment Methods

The Company accepts Company-approved payment methods and reserves the right to modify accepted payment methods at any time. Currently, all major credit cards are accepted, PayPal, cashier's checks, money orders and personal checks (on a case by case basis for long-term clients only).

3.4 Estimates

Estimates are good-faith approximations only and actual charges may vary if the scope of work changes, hidden or previously unknown or client underestimated conditions are discovered, or additional services are requested. The Company will make reasonable efforts to obtain approval before performing material additional work whenever practical.

3.5 Partial Payments

Acceptance of a partial payment does not waive the Company's right to recover the remaining balance. Partial payments are applied first to fees, collection costs, administrative charges, late fees, interest (if applicable), and then to principal.

3.6 Returned Payments

Returned, reversed, rejected, or dishonored payments may be subject to administrative fees, collection costs, and other remedies permitted by this Agreement.

3.7 Taxes

The Client is responsible for all applicable taxes and governmental assessments unless a valid exemption is provided.

3.8 No Setoff

The Client may not withhold, reduce, offset, or delay payment because of any dispute regarding services. Undisputed amounts remain immediately payable.

3.9 Continued Collection Rights

Failure by the Company to immediately invoice, demand payment, or enforce any provision of this Agreement does not constitute a waiver of any contractual or legal remedy.

4. Late Fees

Late invoices are subject to a fee of $35.00 or 5.75% of the outstanding invoice amount, whichever is greater.

5. Chargebacks, Payment Disputes & Collection Costs

5.1 Chargebacks

The Client agrees not to initiate chargebacks or payment reversals for authorized goods or services and agrees to first contact the Company to attempt good-faith resolution.

5.2 Administrative Chargeback Recovery Fee

Each chargeback, payment dispute, ACH reversal, PayPal dispute, or similar payment reversal will result in a $250.00 Administrative Chargeback Recovery Fee.

5.3 Small Balance Collection Assessment

Original unpaid balances under $100.00 will incur a $50.00 Small Balance Collection Assessment.

5.4 Collection Costs

The Client agrees to reimburse lawful collection costs to the fullest extent permitted by law.

5.5 No Waiver of Underlying Debt

Chargebacks do not satisfy the underlying debt. The Company will retain all contractual and legal remedies.

5.6 Reservation of Rights

Nothing in this section limits any other contractual or legal remedy.

5.7 Good-Faith Resolution

The Company encourages Clients to make contact promptly so billing concerns can be investigated before litigation becomes necessary.

6. Refund Policy

6.1 General Refund Policy

Because many of the Company's services involve professional labor, technical expertise, scheduling, digital products, custom configurations, consulting, and work that cannot be returned once performed, the Client acknowledges that refunds are generally not available for services that have been commenced, completed, delivered, or substantially performed.

The Client understands that payment is made for the Company's time, professional expertise, technical knowledge, and services rendered, and not solely for the achievement of any specific outcome or result. The Client further acknowledges that digital services, technical labor, consulting, and custom work generally cannot be "returned" once performed.

6.2 Professional Services

Unless otherwise required by applicable law or expressly agreed to in writing by EricGillette.com LLC, refunds will not be issued for labor or professional services including, but not limited to: on-site technical services, remote support, website development, programming, website design, network configuration, Wi-Fi installations, security camera installations, data recovery, email migrations, consulting, diagnostic work, travel time, project planning, SSL certificate services, CDN services, backup services, domain registrations or renewals, hosting services already provided, and any other custom or professional service that has been initiated.

6.3 Prepaid Services

Prepayments are made voluntarily by the Client for future services. Once any portion of prepaid services has been utilized, scheduled, reserved, allocated, ordered, provisioned, or otherwise committed by the Company, the prepaid amount becomes non-refundable except where required by applicable law.

6.4 Subscription & Recurring Services

Cancellation prevents future billing only and does not entitle the Client to a refund for current billing periods, services already provided, time already reserved, renewals already processed, or domain registrations or renewals already completed.

6.5 Client Satisfaction

EricGillette.com LLC strives to provide professional, high-quality services and encourages Clients to promptly notify the Company of any concerns. Where practical, the Company will make reasonable efforts to investigate reported issues and, when appropriate, correct workmanship-related problems before considering any other resolution.

6.6 Company Discretion

Although the Company's general policy is that services are non-refundable, nothing in this Agreement prevents EricGillette.com LLC from voluntarily issuing a partial refund, account credit, service credit, or other goodwill accommodation in its sole discretion. A voluntary accommodation in one instance does not create an obligation to provide similar accommodations in any future matter.

6.7 No Waiver

The issuance of any refund, partial refund, account credit, goodwill credit, or other accommodation shall not constitute an admission of fault, negligence, breach of contract, defective workmanship, or liability by EricGillette.com LLC.

7. Product Returns, Exchanges & Digital Products

7.1 Physical Product Returns

Unless otherwise specified in writing, physical products purchased from EricGillette.com LLC may be returned within 30 calendar days of delivery, provided the product is returned in substantially the same condition in which it was delivered, has not been abused, modified, damaged, or improperly installed, and includes all original accessories, power supplies, manuals, packaging, and components where reasonably applicable.

The Client is responsible for return shipping costs unless the return results from Company error or a verified manufacturer defect.

7.2 Return Authorization

Before returning any product, the Client must obtain a Return Merchandise Authorization (RMA) or other written authorization from EricGillette.com LLC. Unauthorized returns may be refused.

7.3 Shipping Requirements

Returned products must be securely packaged and shipped using a trackable carrier such as UPS, FedEx, DHL, USPS Priority Mail, or another commercially recognized carrier. EricGillette.com LLC is not responsible for products lost or damaged during return shipment.

7.4 Inspection

Returned products will be inspected upon receipt. If the returned product satisfies this Agreement, the Company will process the applicable refund, account credit, exchange, repair, or warranty claim within a reasonable period.

7.5 Digital Products

Software licenses, downloadable products, digital content, activation keys, licensing credentials, custom software, digital subscriptions, cloud services, CriteriaPages licenses, annual maintenance renewals, source code licenses, encrypted software licenses, and similar digital products are non-refundable once generated, activated, delivered, or otherwise made available to the Client unless required by applicable law.

7.6 Custom Orders

Special-order items, custom-built systems, custom programming, custom configurations, made-to-order equipment, and products purchased specifically for a Client are non-returnable and non-refundable unless defective or otherwise required by law.

7.7 Manufacturer Warranties

Where applicable, products remain subject to the manufacturer's warranty. EricGillette.com LLC makes no independent warranty beyond those expressly stated in writing.

7.8 Restocking Fees

Where permitted by law, returned non-defective products may be subject to a reasonable restocking fee if imposed by a supplier or incurred by EricGillette.com LLC.

7.9 Resolution Method

Where permitted by law and at the Company's sole discretion, approved returns may be resolved through an account credit, replacement product, repair, exchange, partial refund, or full refund, as determined by EricGillette.com LLC.

8. Domain Registration, Management & Stewardship

8.1 Domain Services

EricGillette.com LLC may register, renew, transfer, configure, secure, monitor, administer, maintain, and otherwise manage Internet domain names on behalf of Clients, including DNS management, DNSSEC, WHOIS privacy, registrar transfers, nameserver configuration, registrar lock management, EPP/Auth Code administration, renewal monitoring, expiration prevention, and related technical services.

8.2 Technical Stewardship

While managing a Client's domain, EricGillette.com LLC acts as the domain's technical steward for purposes of operational continuity, security, administrative management, and reliable service. Administrative stewardship alone does not transfer ownership of the domain.

8.3 Outstanding Balances

If any invoice, subscription, renewal fee, late fee, collection cost, administrative fee, chargeback recovery fee, hosting charge, or other amount owed remains unpaid, EricGillette.com LLC will retain administrative control over domain management services until all outstanding obligations have been satisfied.

This includes withholding registrar transfers, registrar unlock requests, EPP/Authorization Codes, ownership changes, administrative contact changes, DNS migration assistance, registrar account changes, and other administrative actions that would relinquish administrative and/or technical control.

8.4 Continuity of Service

During any period in which administrative control is retained because of an outstanding balance, EricGillette.com LLC will make reasonable efforts to maintain existing DNS records, email routing, website resolution, and other DNS-dependent services so long as doing so does not require substantial uncompensated labor or additional third-party expense.

8.5 Security

EricGillette.com LLC reserves the right to implement reasonable administrative and technical safeguards to protect domains under its management against unauthorized transfers, expiration, hijacking, DNS tampering, and similar security threats.

8.6 Client Cooperation

The Client agrees to timely provide information reasonably necessary for registrations, renewals, ICANN verification, registrar verification, WHOIS verification, ownership confirmation, or other registrar requirements.

8.7 Release of Administrative Control

Upon payment in full of all outstanding balances, clearance of payment, satisfaction of contractual obligations, and expiration of any applicable payment dispute period, EricGillette.com LLC will reasonably cooperate in transferring administrative control to the Client or the Client's designated registrar.

8.8 No Transfer of Ownership

The Client acknowledges that temporary retention of administrative control pursuant to this Agreement is a contractual payment-security mechanism and is not intended to constitute conversion, theft, unlawful possession, or any transfer of ownership rights.

8.9 Abandoned Domains

If the Client affirmatively abandons a domain, declines renewal, becomes unreachable after reasonable attempts at contact, or instructs the Company not to renew the domain, EricGillette.com LLC has no obligation to renew or recover the domain after expiration.

8.10 Reservation of Rights

Nothing in this Agreement limits any contractual right, equitable remedy, possessory right, lien right (where applicable), or other legal remedy otherwise available to EricGillette.com LLC under applicable law.

9. Hosting Services, Data Retention & Restoration

9.1 Hosting Services

EricGillette.com LLC may provide shared hosting, VPS hosting, dedicated servers, cloud hosting, managed hosting, email hosting, website hosting, and related infrastructure services. Unless otherwise agreed in writing, hosting services are provided on an ongoing subscription basis and are billed according to the applicable billing cycle.

9.2 Data Retention

As a courtesy, the Company generally retains backups for shared hosting accounts for up to 90 days following account cancellation. This retention period is a courtesy only and is not a guarantee that backups exist, are complete, or remain recoverable.

For VPS, dedicated servers, cloud instances, VPS-FLEX services, or customer-managed servers, backup retention may differ or may not exist unless expressly included in the Client's service plan.

9.3 Client Responsibility

The Client is solely responsible for maintaining current backups of all websites, databases, email, files, virtual machines, and other data unless the Company has expressly agreed in writing to provide managed backup services.

The Client should obtain a complete backup prior to cancelling any hosting or server service.

9.4 Data Restoration

If backup data remains available after cancellation and the Client requests restoration, EricGillette.com LLC will perform restoration services as a separate billable service.

Unless otherwise agreed in writing, a $575.00 Data Restoration Fee applies to restoration requests together with any additional labor required to recover, verify, transfer, package, or deliver the requested data.

9.5 Large Data Sets

If recoverable data exceeds 250 GB, additional restoration fees may apply due to storage media, transfer time, labor, and bandwidth requirements. The Company will provide a reasonable estimate before performing substantial additional work whenever practical.

9.6 No Guarantee of Recovery

EricGillette.com LLC does not guarantee that deleted, corrupted, overwritten, encrypted, failed, or otherwise unavailable data can be recovered. Restoration efforts are performed on a commercially reasonable, best-effort basis.

9.7 Delivery of Restored Data

Recovered data may be provided through secure download, external storage media supplied by the Client, replacement hosting services, or another mutually agreed delivery method. The Client is responsible for providing sufficient storage capacity where necessary.

9.7A Data Recovery Procedures & Client Acknowledgment

The Client authorizes EricGillette.com LLC to perform commercially reasonable diagnostic and data recovery procedures, including, where appropriate, opening storage devices, replacing or temporarily substituting components for testing, attaching compatible donor components, creating forensic or sector-by-sector images, connecting media to specialized recovery equipment, and performing other recovery techniques consistent with accepted industry practices.

The Client acknowledges that storage media submitted for recovery is frequently already damaged or failing and that certain recovery procedures may be invasive by necessity. Despite the exercise of reasonable care and professional judgment, the condition of the media may deteriorate further during recovery attempts, and successful recovery cannot be guaranteed.

The Client expressly authorizes the Company to perform such procedures as reasonably necessary to maximize the likelihood of recovery unless the Client provides written limitations before recovery efforts begin.

9.8 Irrecoverable Media & Abandonment

Where EricGillette.com LLC determines, in its professional judgment, that storage media is physically damaged, electronically damaged, corrupted beyond commercially reasonable recovery, or otherwise incapable of successful data recovery, the Client acknowledges that no guarantee exists that any other individual or company will be able to recover the data.

The Client will be notified when recovery efforts have concluded. If the Client wishes to have the original storage media returned, the Client must notify EricGillette.com LLC within thirty (30) days of such notice and shall be solely responsible for all shipping, insurance, packaging, handling, and related delivery costs, which must be paid in advance unless otherwise agreed in writing.

If the Client does not request return of the storage media within thirty (30) days, or fails to pay the required shipping and handling charges within that period, the Client authorizes EricGillette.com LLC to securely destroy, recycle, or otherwise dispose of the storage media without further notice.

The Client acknowledges that secure destruction is performed to protect the confidentiality of any remaining data and to prevent indefinite storage of abandoned property.

9.9 Abandoned Property

EricGillette.com LLC is not a long-term storage facility for customer equipment.

Unless otherwise agreed in writing, any computer, hard drive, SSD, NAS device, server, mobile device, removable media, networking equipment, or other customer property remaining in the Company's possession for more than thirty (30) days after notification that services have been completed or terminated may be deemed abandoned, subject to applicable law.

The Company reserves the right to assess reasonable storage charges for equipment remaining beyond the thirty (30)-day period. Storage charges do not create an obligation on the part of EricGillette.com LLC to indefinitely retain customer property.

The Client shall be responsible for all costs associated with the return of any equipment, including shipping, packaging, insurance, handling, and any applicable taxes or carrier fees. Such costs must be paid in full prior to shipment unless otherwise agreed by the Company in writing.

Equipment deemed abandoned may, to the fullest extent permitted by applicable law, be recycled, securely destroyed, sold to offset unpaid balances where legally permissible, or otherwise disposed of without further liability to the Company.

10. Governing Law, Venue & Jurisdiction

10.1 Governing Law

This Agreement and any dispute, claim, controversy, or legal proceeding arising out of or relating to the products or services provided by EricGillette.com LLC shall be governed by and construed in accordance with the laws of the State of Florida, without regard to its conflict-of-law principles.

10.2 Exclusive Venue

To the fullest extent permitted by applicable law, the Client agrees that the exclusive venue for any lawsuit, claim, mediation, arbitration (if applicable), or other legal proceeding arising out of or relating to this Agreement or the services provided by EricGillette.com LLC shall be the state courts located in Orange County, Florida, or, where federal jurisdiction exists, the United States District Court serving Orange County, Florida.

10.3 Personal Jurisdiction

The Client knowingly and voluntarily consents to the personal jurisdiction of those courts and waives any objection based upon improper venue, forum non conveniens, inconvenience, or lack of personal jurisdiction to the extent permitted by law.

10.4 Attorney's Fees & Costs

Where permitted by applicable law or another provision of this Agreement, the prevailing party in litigation or collection proceedings shall be entitled to recover its reasonable court costs, taxable costs, and any attorney's fees awarded by the court.

10.5 Survival

The provisions of this section survive cancellation, termination, completion of services, and payment of the account.

11. Contact Information

EricGillette.com LLC
3936 S. Semoran Blvd., Suite 110
Orlando, Florida 32822

Main Number

Regional Service Numbers

Orlando / Lakeland
Orlando:
Lakeland:

Tampa / Clearwater / Sarasota
Tampa:
Clearwater:
Sarasota:

Gainesville

West Palm Beach

Ponte Vedra / Jacksonville
Ponte Vedra:
Jacksonville: