TERMS OF SERVICE Last Updated February 18th, 2020
MYEXCELONLINE.COM (“MY EXCEL ONLINE SLU”, “MYEXCELONLINE EXCEL CONSULTING SERVICES”, “WE” OR “US”) USER TERMS OF SERVICE
The terms and conditions set forth below (the "terms") govern your use of this site on the world wide web. These terms are a legal contract between you and My Excel Online SLU and govern your access to, and use of, My Excel Online SLU website located at the URL: https://MYEXCELONLINE.COM as well as all associated sites linked to https://MYEXCELONLINE.COM by My Excel Online SLU, its subsidiaries and affiliated companies, together with the services available through this site (the “site”). If you do not agree with any of these terms, do not access or otherwise use this site, any services available through this site or any information contained on this site.
Your use of this site shall be deemed to be your agreement to abide by each of the terms set forth below. If you are using this site for your company’s use, you represent that you are an authorized representative who has the authority to legally bind your company to these terms and to grant My Excel Online SLU the necessary permission to make changes to your Projects. My Excel Online SLU may make changes to the content and services offered on this site at any time.
1. HOW OUR SERVICES WORK My Excel Online SLU offers a Microsoft Excel Consulting Services and related solutions. We connect individuals and business owners (“Users”) who need solutions to their Excel tasks, with Excel developers (“Developers”) who are able to complete these tasks for Users. For example, our Site can connect Users with an Excel Developer who can, for example, code VBA, write a simple macro, write a function or formula, create a Pivot Table, chart, data visualization, dashboard, scorecard, KPI or executive summary, create or modify a template, Power Query, Power BI, Microsoft Access or recover a corrupt file.
Users can submit a request for Excel Tasks – herein called a “Project” – with us and request through e-mail or our web service form. A project length will be scoped at My Excel Online SLU’s discretion.
So that a Developer may provide a solution for your Project as requested, and/or complete your Project, you must supply us with the appropriate files and login credentials (if necessary) for your Project. You must have the authority to authorize My Excel Online SLU and/or Developers to access your Project in order to perform the requested services, or you may not submit a Project request.
My Excel Online SLU reserves the right to reject any job that it deems out of scope for our service, this includes but is not limited to, issues with communicating the job.
2. WEBSITE SECURITY As noted above, Users must supply us with the appropriate files and login credentials (if necessary) for their Project and permit Developers temporary access in order to complete their Project(s). We will not share your files or login credentials with anyone.
At all times, you are responsible for having adequate security in place on your computer and Project(s). You agree to immediately notify My Excel Online SLU of any unauthorized use, or suspected unauthorized use of your information or any other breach of security. We are not liable to any User for any loss or damage arising from User's failure to comply with the above requirements, including your failure to have in place adequate computer security, or for any other User website vulnerabilities.
3. BACKUPS All Users are required to ensure that they maintain backups of their files throughout development. My Excel Online SLU makes an honest effort to duplicate and maintain backups of each User’s Project(s), however, it is at the User's own risk to delete them. My Excel Online SLU cannot and will not be liable for any loss of data to any User who fails to comply with this provision.
4. PROJECT COMPLETION TIMES My Excel Online SLU does not guarantee Project completion time; any estimates provided concerning the completion of a project are provided as a courtesy and are not binding.
My Excel Online SLU will provide a delivery time for all Projects and will do its best to ensure that the delivery time is met. However, My Excel Online SLU cannot guarantee that a Project will be completed within the stated delivery time. If a Project is not completed within the stated delivery time, User will not be entitled to a refund of the Project fee simply because the Project was not completed within the stated delivery time.
5. ELIGIBILITY By using the Site, you represent, acknowledge and agree that you are at least 18 years of age. Further, you represent, acknowledge and agree that: (a) all information that you submit is truthful and accurate; (b) you will maintain the accuracy of such information and keep such information up-to-date; and (c) your use of the services offered through this Site do not violate any applicable law or regulation.
My Excel Online SLU may terminate these Terms and your use of the Site without notice if My Excel Online SLU, in its sole discretion, believes that you are under the age of 18, have provided inaccurate or incomplete registration information, or are otherwise ineligible to use our Site and services. Additional eligibility requirements apply to Developers, as stated in the "Additional Developer Terms" section below.
6. GENERAL USE RESTRICTIONS My Excel Online SLU provides content and services through the Site. Certain information, documents, products and services provided on and through this Site, including content, logos, graphics and images (together, the “Site Materials”) that are not Submissions (as defined below) are provided to you by My Excel Online SLU and are the copyrighted and/or trademarked work of My Excel Online SLU or My Excel Online SLU’s contributors.
My Excel Online SLU grants you to display and to make one copy of the Site Materials and to use the services and this Site. You acknowledge and agree that you have no right to modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the Site Materials in any manner.
Except as stated herein, you acknowledge that you have no right, title or interest in or to this Site or any Site Materials.
7. USING THE SITE AND THE SERVICES ON THE SITE You can simply view the Site, and not use any services on the Site or participate in any interactive programs on the Site. You don’t need not register with My Excel Online SLU to simply visit and view the Site. However, in order to access certain password-restricted areas of the Site and to use certain services (such as to retrieve a Project quote or place an order) and Site Materials, you must register with My Excel Online SLU for an account and receive a password.
8. RESTRICTED AREAS OF THIS SITE Users. Users that desire to submit a Project to My Excel Online SLU must submit an email address, contact name, contact number, company name, type of task and Excel version. Users must also provide additional information, such as a brief on what work they want performed on their task and attached files, which is helpful to My Excel Online SLU in providing you with a more customized experience when using the Site or its services. Once a User has submitted his or her account registration information, an My Excel Online SLU administrator shall have the right to approve or reject the Project request in the My Excel Online SLU administrator’s sole discretion. All communication will be received via email.
General. You are responsible to not do anything else that might jeopardize the security of your spreadsheet. You agree to notify My Excel Online SLU if your spreadsheet is lost, stolen or disclosed to an unauthorized third party, if there is any unauthorized use of your spreadsheet on this Site or if you know of any other breach of security in relation to this Site. By using this Site, you represent and warrant that all the information that you provide when submitting a task and otherwise through the Site is accurate, complete and up to date.
9. PURCHASES Once a User submits a Project, My Excel Online SLU will provide that User with a quote, estimating the cost of completing that Project, based on the number of Tweaks involved; if you accept a Project quote, My Excel Online SLU will charge you for the Project and will assign your Project to one or more Developers for completion.
By submitting a Project and accepting an estimate you agree to pay all fees or charges, including any taxes, to your account for that Project, based on My Excel Online SLU’s Project quote.
Please note that, while we attempt to provide accurate quotes at the outset of a Project (based on the number of Tweaks a Project involves or the size of the Project), additional information or requests regarding the scope of the Project may necessitate adding additional Tweaks to a Project, which may increase the estimated price. My Excel Online SLU will inform Users of any increases to the Project quote; if you decline to pay for the increased cost, My Excel Online SLU, in its discretion, may (i) complete (or instruct the Developer to complete) only the Project and Tweaks from the original quote; (ii) cancel the Project and refund your money, and, in its discretion, rollback (or instruct the Developer to rollback) any work already completed on the Project, restoring your spreadsheet to its prior state (i.e., the state of the spreadsheet prior to the initiation of the Project).
Any additional feature requests outside of the agreed scope will be charged at $150 per hour and will be started upon completion and sign-off of the original scope. We'll always request your approval before moving forward on anything outside of the original scope.
If you have a balance due on a Project, you agree that My Excel Online SLU may charge such unpaid fees to your credit card or otherwise bill you for such unpaid fees.
10. REFUNDS AND CANCELLATIONS My Excel Online SLU offers a 100% satisfaction guarantee. Users who are not satisfied with the outcome of a Project (the "Outcome"), must notify My Excel Online SLU at email@example.com, within the timeframe set forth below.
Once a Project has been marked as "Built" by the assigned Developer(s), the User has forty-eight (48) hours to review the Project, and to mark it as "Complete," or to notify My Excel Online SLU that it is not satisfied with the Project Outcome. If a User does not take any action within those forty-eight (48) hours, then the Project will automatically be marked as Complete. A User then has thirty (30) days from the date a Project has been marked "Complete" to notify My Excel Online SLU that it is not satisfied with the outcome of the Project.
My Excel Online SLU will not provide User any refund of the Project fee, if the User does not notify My Excel Online SLU at firstname.lastname@example.org or the Developer’s email address that it is not satisfied with the Project Outcome.
If a User notifies My Excel Online SLU that it is not satisfied with the Project Outcome, in accordance with the timeframe set forth above, My Excel Online SLU will either reopen the Project and rectify the situation, or will issue the User a full refund at the discretion of My Excel Online SLU. Once you have notified us that you are not satisfied with the Project Outcome, My Excel Online SLU will take steps to address your complaints about the Project Outcome, including by asking the Developer who completed the work, or in our discretion a different Developer, to address your complaints regarding the Project Outcome. However, if after our attempts to address your complaints, you are still not satisfied with the Project Outcome, My Excel Online SLU will issue you a full refund, and may, at its discretion, discontinue any current or future Project(s) for the User.
11. ELECTRONIC COMMUNICATIONS By using the Site and/or the services provided on or through the Site, you consent to receiving electronic communications from My Excel Online SLU. These electronic communications may include notices about applicable fees and charges, transactional information and other information concerning or related to the Site and/or services provided on or through the Site. These electronic communications are part of your relationship with My Excel Online SLU. You agree that any notices, agreements, disclosures or other communications that we send you electronically will satisfy any legal communication requirements, including that such communications be in writing.
13. SUBMISSIONS If you are a User, you acknowledge that you are responsible for the information, opinions, messages, comments, photos, videos, graphics, sounds, software and other content or material that you, either through yourself or a third party associated with your account, submit, upload, post or otherwise make available on or through your website (each a “Submission”), and that you, and not My Excel Online SLU, have full responsibility for each such Submission, including its legality, reliability, appropriateness, and trademark and copyright ownership (and the burden of determining whether any material is protected by any such right or is otherwise illegal or inappropriate is on you).
You shall be solely liable for any damage resulting from any infringement of copyrights, trademarks, proprietary rights, or any other harm resulting from any Submission made available on or through your Site. You expressly acknowledge that you are fully responsible for any Submission that you make or cause to be made available on or through your Site, in connection with any Project.
14. PROJECT CONFIDENTIALITY All customer supplied files and information are treated as confidential by default, unless otherwise directed by the User or is known to already be in the public domain. The basis of mutual non-disclosure is detailed in the Mutual Non-Disclosure on https://MYEXCELONLINE.COM . By working with My Excel Online SLU, you agree and abide to the terms of the Mutual Non-Disclosure Agreement.
15. UNAUTHORIZED ACTIVITIES When using this Site and/or the services, you agree not to, without limitation: • Defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights (such as rights of privacy and publicity) of others. • Use racially, ethnically, or otherwise offensive language. • Discuss or incite illegal activity. • Use explicit/obscene language or solicit/post sexually explicit images (actual or simulated). • Post anything that exploits children or minors or that depicts cruelty to animals. • Post any copyrighted or trademarked materials without the express permission from the owner. • Disseminate any unsolicited or unauthorized advertising, promotional materials, 'junk mail', 'spam', 'chain letters', 'pyramid schemes', or any other form of such solicitation. • Use any robot, spider, scraper or other automated means to access the Site. • Take any action that imposes an unreasonable or disproportionately large load on our infrastructure. • Alter the opinions or comments posted by others on this Site. • Take any action that may otherwise harm, disrupt or overburden the Site, or violate these Terms.
This list of prohibitions provides examples and is not complete or exclusive. My Excel Online SLU reserves the right to terminate your access to your account, your ability to post to this Site or use the services), with or without cause and with or without notice, for any reason or no reason, or for any action that My Excel Online SLU determines is inappropriate or disruptive to this Site or services available through the Site, or to any User or Developer. My Excel Online SLU may report to law enforcement authorities any actions that may be illegal, and any reports it receives of such conduct. When legally required or at My Excel Online SLU’s discretion, My Excel Online SLU will cooperate with law enforcement agencies in any investigation of alleged illegal activity on this Site or on the Internet.
Submissions and unauthorized use of any Site Materials contained on this Site may violate certain laws and regulations. You agree to indemnify and hold My Excel Online SLU and its officers, directors, employees, affiliates, agents, licensors, and business partners harmless from and against any and all costs, damages, liabilities, and expenses (including attorneys’ fees and costs of defense) My Excel Online SLU or any other indemnified party suffers in relation to, arising from, or for the purpose of avoiding, any claim or demand from a third party that your use of this Site or the use of this Site and the services available through the Site by any person using your My Excel Online SLU user name and/or password violates any applicable law or regulation, or the copyrights, trademark rights or other rights of any third party.
16. PROPRIETARY RIGHTS My Excel Online SLU is a trademark of https://MYEXCELONLINE.COM. Other trademarks, names and logos on this Site are the property of their respective owners. Unless otherwise specified in these Terms, all information and screens appearing on this Site, including documents, services, site design, text, graphics, logos, images and icons, as well as the arrangement thereof, are the sole property of My Excel Online SLU, ™ My Excel Online SLU. All rights not expressly granted herein are reserved. Except as otherwise required or limited by applicable law, any reproduction, distribution, modification, retransmission, or publication of any copyrighted material is strictly prohibited without the express written consent of the copyright owner or license.
17. NO AGENCY RELATIONSHIP Nothing in these Terms creates a relationship of agent and principal, partners, joint ventures or employer–employee between you and My Excel Online SLU, or between any Developer or User, and no act or obligation of either party will in any way bind the other.
18. DISCLAIMER OF WARRANTIES Your use of this Site and/or the services is at your own risk. Neither the Site Materials nor Submissions, nor any Project information, have been verified or authenticated in whole or in part by My Excel Online SLU, and they may include inaccuracies or typographical or other errors. My Excel Online SLU does not warrant the accuracy or timeliness of the Site Materials or Submissions. My Excel Online SLU has no liability for any errors or omissions in the Site Materials and/or Submissions, whether provided by My Excel Online SLU or our licensors.
My Excel Online SLU, for itself and its subsidiaries, affiliates, licensors, agents, representatives, third-party services providers, and any of the foregoing entities' respective officers, directors, owners, employees, agents, partners, contractors, representatives, successors and assigns (each an “ My Excel Online SLU party” and collectively, the “My Excel Online SLU parties”), makes no express, implied or statutory representations, warranties, or guarantees in connection with this site, the services, any site materials or submissions, relating to the quality, suitability, truth, accuracy or completeness of any information or material contained or presented on this site, including without limitation the site materials or submissions of other users of this site.
Unless otherwise explicitly stated, to the maximum extent permitted by applicable law, this site, the services, site materials submissions, and any information or material contained or presented on this site is provided to you on an “as is,” “as available” and “where-is” basis with no warranty of implied warranty of merchantability, fitness for a particular purpose, or non-infringement of third party rights. My Excel Online SLU does not provide any warranties against viruses, spyware or malware that may be installed on your computer. The sole remedy for users who are not satisfied with the outcome of a project is to obtain a refund for that project, subject to the conditions of the refund section above.
19. LIMITATION OF LIABILITY No My Excel Online SLU party shall be liable to you for any damages resulting from your displaying, copying, or downloading any site materials or submissions to or from this site. In no event shall My Excel Online SLU be liable to you for any indirect, extraordinary, exemplary, punitive, special, incidental, or consequential damages (including loss of data, revenue, profits, use or other economic advantage) however arising, even if My Excel Online SLU knows there is a possibility of such damage.
If, notwithstanding the foregoing, a My Excel Online SLU party is found to be liable to you or any other person for any damage or loss arising out of or relating to these terms or your use of the site, or any content or services therein, the My Excel Online SLU parties’ total cumulative liability shall in no event exceed the greater of: (a) the amount you paid My Excel Online SLU for your use of the site, service and any content therein; or (b) the sum of one hundred (100) us dollars.
Some jurisdictions may not allow the exclusion or limitation of incidental, special, consequential, or other damages, so the above limitations or exclusions may not apply to you. In such event, My Excel Online SLU’s liability for such damages with respect to the Site and Service will be limited to the greatest extent permitted by applicable law in such jurisdiction.
20. INDEMNITY You agree to indemnify, defend and hold harmless, My Excel Online SLU, its affiliates and service providers, and their respective officers, directors, employees, agents, licensors, representatives, and third party providers to the Site or Service from and against any and all claims or liability, including costs and attorneys’ fees, arising from or in connection with your violation of these Terms and your use of the Site or services or any Projects. My Excel Online SLU reserves the right to assume, at its sole expense, the exclusive defense and control of any matter subject to indemnification by you, in which event you will fully cooperate with My Excel Online SLU in asserting any available defenses.
21. LOCAL LAWS; EXPORT CONTROL You shall obey all federal, state, and local laws, regulations and rules that apply to your activities when you use the Site or services. My Excel Online SLU reserves the right to terminate your account and to prevent your use of the Site if your account is used to engage in illegal activity or to violate the Terms.
To use our services, you must not be (a) a citizen or resident of a country in which use or participation is prohibited by law, decree, regulation, treaty or administrative act; (b) a citizen or resident of, or located in, a country or region that is subject to U.S. or other sovereign country sanctions or embargoes, including without limitation Iran, North Korea, Sudan and Syria; or (c) an individual or an individual employed by or associated with an entity identified on the U.S. Department of Commerce's Denied Persons or Entity List, the U.S. Department of Treasury's Specially Designated Nationals or Blocked Persons Lists, or the Department of State's Debarred Parties List or otherwise ineligible to receive items subject to U.S. export control laws and regulations, or other economic sanction rules of any sovereign nation.
22. FEEDBACK If you send or transmit any communications, comments, questions, suggestions, or related materials to My Excel Online SLU, whether by letter, email, telephone, or otherwise (collectively, “Feedback”), suggesting or recommending changes to the Site, any services offered through the Site or Site Materials, including, without limitation, new features or functionality relating thereto, all such Feedback is, and will be treated as, non-confidential and non-proprietary.
You hereby assign all right, title, and interest in, and My Excel Online SLU is free to use, without any attribution or compensation to you, any ideas, know-how, concepts, techniques, or other intellectual property and proprietary rights contained in the Feedback, whether or not patentable, for any purpose whatsoever, including but not limited to, developing, manufacturing, having manufactured, licensing, marketing, and selling, directly or indirectly, products and services using such Feedback. You understand and agree that My Excel Online SLU is not obligated to use, display, reproduce, or distribute any such ideas, know-how, concepts, or techniques contained in the Feedback, and you have no right to compel such use, display, reproduction, or distribution.
23. TERMINATION If you violate these Terms, My Excel Online SLU may terminate and/or suspend your access to the Site without notice. My Excel Online SLU prefers to advise you of your inappropriate behaviour and to recommend any necessary corrective action. However, certain violations of these Terms, as determined by My Excel Online SLU, may result in immediate termination of your access to this Site and the services available through the Site. My Excel Online SLU may also in its sole discretion and at any time discontinue providing the Site, the Site Materials and the services available through the Site, or any part thereof, with or without notice.
You agree that any termination of your access to the Site, the Site Materials and the services available through the Site, under any provision of the Terms, may be effected without prior notice to you, and acknowledge and agree that My Excel Online SLU may bar any further access to the Site, the Site Materials and the services available through the Site. Further, you agree that My Excel Online SLU shall not be liable to you or any third-party for any termination of access to the Site, the Site Materials and the services available through the Site. 24. CONTACT US If you have any questions about these Terms or otherwise need to contact My Excel Online SLU for any reason, you can reach us at email@example.com Most customer concerns can be resolved quickly and to a customer’s satisfaction by contacting us at firstname.lastname@example.org