(713) 322-7770
Effective Date: January 1, 2025
These Terms & Conditions (“Terms”) govern all invoice review, audit, and consulting services provided by JMS Incubators, Inc., a Texas Corporation, doing business as Jet Auditors (“Jet Auditors”). By engaging Jet Auditors’ services or paying any invoice, Client agrees to be bound by these Terms unless another written agreement is in place which will supersede these terms.
Jet Auditors provides comprehensive review of aircraft management invoices to identify discrepancies, overcharges, and billing errors. Services include offsite review of invoices, contracts, and agreements relating to the ownership, lease, or operation of Client’s aircraft (“Documents”).
Jet Auditors does not provide legal, tax, or safety-related services.
Client shall provide all Documents since beginning service with their current management provider, or from January 1, 2020, whichever is later. Client is responsible for ensuring timely responses from management companies or service providers to questions raised during the review.
Client must authorize and support Jet Auditors’ direct interactions with management companies and vendors.
All invoices are due within 15 days of receipt.
Retainer: Due upon engagement, regardless of whether discrepancies are found or collected.
Commission Fee: A percentage of the total value of discrepancies collected by Client that exceed the retainer amount. The applicable commission rate will be specified in the engagement agreement or invoice.
Consulting Services: Billed at $345/hour for offsite work and $550/hour plus expenses for onsite work, in 15-minute increments. Onsite work requires advance agreement by both parties.
Collections may include refunds, invoice credits, or future discounts.
Client’s obligation to pay commission fees on discrepancies identified by Jet Auditors shall survive termination or expiration of any engagement, regardless of when such discrepancies are collected. Client shall notify Jet Auditors within 10 business days of any credits or collections related to identified discrepancies for a period of 24 months following engagement, and shall pay commission fees within 15 days of collection.
Client agrees to notify Jet Auditors within 30 calendar days if any credit is received related to identified discrepancies, even after the engagement is complete. Jet Auditors may request copies of Documents up to 24 months after engagement to confirm credits received.
If Client fails to provide requested Documents within 30 calendar days or withholds notification of credits, Client shall pay commission fees calculated as if all identified discrepancies were collected.
Each party agrees to keep confidential any identified confidential information disclosed by the other party, except for information that: (1) is already publicly known; (2) is disclosed by third parties with no confidentiality obligation; (3) relates to invoices, pricing data, or contractual terms of Client’s vendors; or (4) is independently developed without reference to confidential information.
Client grants Jet Auditors a non-exclusive, royalty-free, worldwide license to use non-confidential data from Documents for auditing, benchmarking, and other professional services.
Client shall indemnify, defend, and hold harmless Jet Auditors, its officers, employees, and agents from and against any claims, damages, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising from third-party claims related to services performed under these Terms, provided Jet Auditors was acting within scope and in good faith reliance on information provided by Client.
This indemnification does not apply to claims arising solely from Jet Auditors’ gross negligence or willful misconduct.
Client acknowledges that services may result in disputes between Client and its service providers. Such disputes are solely between Client and those third parties. Client shall not join or implead Jet Auditors in any such disputes.
Jet Auditors is not responsible for errors or omissions and expressly disclaims all liability in connection with services provided.
IN NO EVENT SHALL JET AUDITORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOSS OF DATA, LOSS OF USE, BUSINESS INTERRUPTION, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER ECONOMIC LOSS, HOWEVER CAUSED AND REGARDLESS OF THE THEORY OF LIABILITY, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, EVEN IF JET AUDITORS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Jet Auditors is an independent contractor and shall not be deemed an employee, agent, joint venturer, or legal representative of Client. Nothing in these Terms creates an employer-employee relationship, partnership, or joint venture.
These Terms shall be governed by the laws of the State of Texas. Any legal action or proceeding shall be brought exclusively in the courts of Galveston County, Texas, and each party consents to the jurisdiction of such courts.
Jet Auditors reserves the right to modify these Terms at any time. Updated Terms will be posted on this page with a revised effective date. Continued engagement of services constitutes acceptance of modified Terms.
Questions?
Contact us at info@jetauditors.com or call 713-322-7770.
