Acqal Corporation's Support Agreement Terms of Service

Acqal Corporation is ("Provider").

  • Before any work starts Customer must
    • Send Provider a signed agreement
    • Send Provider the deposit per the Billing Structure
    • Give Provider access to all data, media, software, and hardware in order for Provider to perform its tasks according to this agreement.
  • Client should acknowledge review requests within 1-business day to ensure timely closure of support issues.
  • Customer's feedback or response shall include comments, critiques, and detailed information to reproduce errors as necessary within 3-business days of Provider's request.
  • Customer's lack of feedback or response within 5-days of Provider's review request automatically denotes acceptance of fees and work performed for which the request was made.
  • Proposal agreements and work agreements without any Customer activity within a 30 day time period are automatically suspended until all open requests are closed and open invoices are paid by the Customer.

Billing Structure

  • Monthly Support Agreement
    • Bronze
      • Deposit is $ 0 (Zero)
      • Monthly payment is $ 0 (Zero)
      • Support is $ 130 USD/hour
    • Silver
      • Deposit is $ 460 USD
      • Monthly payment is $ 460 USD
      • Support beyond included is $ 115 USD/hour
    • Gold
      • Deposit is $ 1,725 USD
      • Monthly payment is $ 1,725 USD
      • Support beyond included is $ 115 USD/hour
    • Custom
      • Deposit is $ [MONTHLY] USD
      • Monthly payment is $ [MONTHLY] USD
      • Support beyond included is $ [RATE] USD/hour
    • Emergency, after-hours support incur 150% rate increase.
    • Same-day, immediate resolution requests may incur 150% rate increase.
    • Included hours may be adjusted with not less than 30 days written notice by Customer.
    • Agreements are for a minimum of one year of service.
      • After initial term, the agreement automatically extends month-to-month
  • Work Agreement
    • Deposit is 50% of total
    • Remaining 50% due upon final delivery
    • Additional hours are $ 130 USD/hour
  • Proposal
    • Deposit is 50% of total
    • Remaining 50% spread over 30-day intervals during project-life
    • Additional hours are $ 115 USD/hour

Payment Terms

  • Pay to the order of "Acqal Corporation"
  • Send payments to
    • Acqal Corporation
      ATTN: Accounts Receivable
      915 Georgia Ave.
      North       Augusta, SC 29841 USA
  • Acceptable payment forms
    • ACH
    • Business Check
    • Cashiers Check
    • Money Order
    • Wire Transfer
  • All deposits are due immediately (NET 0)
  • All invoices are sent NET 30
  • Late invoices incur 18% APR, 1.5% monthly
  • Provider stops all work when invoices are 7-days past due until Customer pays all open invoices
  • Provider may terminate agreement when invoices are 37 or more days past due
    • Customer can renew the agreement by
      • Paying all open invoices
      • If website support agreement, make a new deposit of two monthly payments
    • Providers unpaid assets may be recovered without regard to Customers operations
  • Provider gives no refunds

Provider Availability

  • Provider is open 9 AM to 5 PM Eastern, Monday through Friday
  • Provider is closed on US Federal, state, and local holidays and weekends
  • Provider will initially respond to Customer requests within 1-business day
  • Provider will resolve or schedule Customer within 3-business days

No Speculative Work is Performed by Provider

Termination of Services

After the initial term, this agreement may be terminated with not less than 30 days prior written notice by either party. If terminated by Customer, Customer will only owe any balance due for work completed and/or projects under construction. If terminated by Provider, Provider will deliver all materials worked on up to the termination date.

Intellectual Property

Customer is responsible for the legal clearance of all Intellectual Property delivered to Provider.

Ownership Rights

Provider retains all ownership rights until Customer requests are completed, delivered, and have been paid for in full by Customer.

Disclaimer of Warranties & Limitations of Liabilities

Provider agrees to make a good faith effort to provide a reliable, efficient, and accessible software package environment.

Except as expressly specified in any addendum executed under this agreement, Provider and its suppliers make no warranties, either expressed or implied, including any implied warranties of merchant ability and fitness for a particular purpose and those arising by statute or otherwise in law.

In no event shall Provider or its suppliers be liable for any special, indirect, incidental, consequential, and/or exemplary damages, losses or expenses including, but not limited to, lost profits, lost data, loss of computer time, failure to realize expected savings and any other commercial or economic loss of any kind arising out of or related to this agreement or the use or inability to use the products or services, even if Provider has been advised of or knows the possibility of any of these damages.

These limitations will survive and apply even if any limited remedy specified in this agreement is found to have failed its essential purpose.

Governing Law

This agreement shall be governed by and construed in accordance with the laws of the state of Georgia, county of Fulton, and city of Atlanta, without regard to choice of law provisions that would cause the application of the law of another jurisdiction.