·         Terms:

·         Customer – the party entering this agreement who will sign the bottom of all “Acknowledgement of Service” orders and will submit payment for bills.

·         Agreed upon standard rate – This is per hour, dollar amount which was established between DataIXL and customer.  DataIXL reserves the right to raise this rate with 15 days written notice to customer.

·         Invoicing:

·         Unless otherwise stated on the invoice, all invoices are due within 15 days of the day the invoice was issued.

·         Failure to pay invoices on time will result in a poor account status.  DataIXL reserves the right not to service customers whose accounts are not in good standing until the billing issues are resolved.

·         Standard Rate

·         The standard rate may change in the future, however Customer will be notified of the change in rate upon the next request for service.

·         The current standard rate is $125/hour.

·         Pricing:

·         Telephone:

                                                                           i.      Telephone tech support will be billed at 50% of the agreed upon standard rate (rounded to the nearest 5 minutes) for support that exceeds 15 minutes.

                                                                         ii.      If telephone support determines that an onsite call is necessary, DataIXL reserves the right and discretion to bill the Telephone support and the Onsite support separately or together.

                                                                        iii.      A support issue that spans multiple telephone calls will be billed together.

·         Email:

                                                                           i.      Email tech support will be billed at a rate of 25% of the agreed upon standard rate for each support issue.

                                                                         ii.      A single email may contain multiple questions, each of which will be considered a single and separate support issue.

·         Documentation:

                                                                           i.       Time necessary to produce documentation will be billed at 50% of the agreed upon standard rate, 50% of the special project hourly rate, or be included in the agreed upon fixed rate for special projects.

                                                                         ii.      Documentation time will not exceed 3 hours unless DataIXL notifies customer prior to the completion of work.

·         Special projects:

                                                                           i.      Customer and DataIXL will agree upon a rate (either fixed or hourly) prior to the start of work on the project.

                                                                         ii.      Special projects will always include documentation.

·         Onsite Service:

                                                                           i.      Onsite service will be billed at the agreed upon standard rate.

                                                                         ii.      Onsite service calls of up to and including two hours in duration will be billed for two hours of service.

·         Emergency Service:

                                                                           i.      Emergency service calls are classified as calls where response time is within 24 hours of initial service request.

                                                                         ii.      Emergency service will be billed at a rate of 150% of the standard agreed upon rate.

                                                                        iii.      Emergency service calls of up to and including two hours in duration will be billed for two hours of service.

·         Disputes:

·         In the event that a bill is disputed, customer will pay the entire undisputed amount and submit written notice describing the dispute to DataIXL within 15 days of the receipt of the disputed invoice.

·         Collection of overdue bills:

·         DataIXL reserves the right to use any means available to collect payment for undisputed, overdue bills.