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Download Alpha-G's Terms and Conditions in portable document format (PDF).
The following Terms and Conditions apply
unless specifically contradicted by provisions of
a separate Consulting Services Agreement.
Alpha-G Consulting,
LLC (Alpha-G) believes in doing great work and in
ensuring that our customers are happy. To us, happy
customers determine the value of our business so we
are serious about it. If you aren't happy with the
work we do, Alpha-G will negotiate with you as to
how to make it right until we decide that it is no
longer in our reasonable interest to do so. In
general, this means we'll stop negotiating if we
believe that an objective third party would find
that we have delivered fairly what we agreed to
deliver and that we cannot provide satisfaction
without incurring unreasonable costs.
In the event that
Alpha-G terminates negotiations before you are
satisfied, you agree that your sole recourse shall
be to submit to binding arbitration. Your maximum
monetary award under any such arbitration is
limited to a refund of part or all of the fees you
have actually paid to Alpha-G for the work in
question. For work done on a monthly or annual
contract, Alpha-G's maximum monetary liability is
one month's fees.
In short, you agree
not to sue Alpha-G, its members, management, or its
employees for any reason related to our work for
you. If you enter into arbitration, Alpha-G agrees
to be bound by the arbiter's decision (subject to
our maximum monetary liability being expressly
limited to what you've already paid). You agree to
be bound by the arbiter's decision too (with your
monetary liability being limited to what you owe
under these Terms and Conditions; if you owe late
fees or collection costs, you'd be liable for them
too).
You agree that the
work done for you by Alpha-G is used by you at your
discretion. Alpha-G is not liable for any
incidental or consequential damages that may arise
from the use of our work or services (even if a
problem arises because of a mistake we made). In
any case of dissatisfaction, you agree that your
only recourse (beyond negotiating with us) is to
submit to binding arbitration as described
above.
Our rates vary
based on the type of work and the type of payment
arrangements you've made. Work on retainer is
generally the most economical (payment for services
on retainer must be received in advance of
commencing the work). Even though we want to be
fair, we cannot guarantee that any one customer or
job will have the same rates as any other customer
or job. Unless you are purchasing services on
retainer without specifying what those services
will be, we will supply you with a list of what
we'll deliver and how you'll know we've done
it.
For work on
retainer, our minimum labor charge is generally one
half hour (sometimes we'll charge in 15 minute
increments if that makes sense); for work which is
not done on retainer, our minimum charge is for 2
hours' work.
Travel time for
requested visits to your site are generally charged
at one half the rate of actual work. We may choose
to waive travel time charges at our sole
discretion. The customer pays the expenses of any
trip. We'll tell you what they are or how they will
be calculated before we incur any expenses.
For services which
are billed after the fact (as opposed to retainer
services which are paid before the work is done),
payment is due two weeks after invoicing. All
invoices are delivered by e-mail, unless you make
another, prior special arrangement with us. We
don't start work on retainer services until we've
received the funds (in unusual cases, we may bend
this rule, but we're not obliged to).
We'll take a money
order, bank check, institutional or business check
(or electronic funds transfer--see below). If your
check bounces, you'll need to take care of it
before it gets 30 days overdue or we'll tack on
late fees. If the bounced check was for work on
retainer, we'll stop work until we have a bank
check or money order in hand.
We charge late fees
for customer accounts more than 30 days past due
(unless you've negotiated otherwise). Late fees are
the larger of: fifty dollars per month, or 1.75%
interest per month (or portion thereof). If we
decide not to enforce this portion of these Terms
and Conditions as soon as you are 30 days
delinquent, that doesn't mean you're exempt from
late fees. You are still liable for any late fees
you owe until we accept full payment. If we decide
to enforce the payment of late fees, we can do so
at any time (including retroactively to when you
first became delinquent in payment).
If we have to send
your account to a collection agency, you're liable
for their fees or charges as well as what you owe
us.
In general, we
retain rights to reuse any programming work we do
for you. This means we can use code you paid us to
develop on another project or in any other way we
wish to use it. Alpha-G's rights are usually
protected by copyright, but we also ask that you
make best efforts to keep any techniques or
procedures developed by Alpha-G private.
The physical
location where this agreement is being made by you
is the city of Orem, Utah. Should Alpha-G need to
send a representative to participate in
arbitration, you agree that it will be in Orem,
Utah or a nearby city within the state of Utah or
another agreeable location.
Alpha-G's Terms and
Conditions are subject to change without notice.
Whatever Terms and Conditions are posted on our web
site or sent to you with a quote or consulting
agreement are considered to be in effect for the
duration of the work associated with that quote or
consulting agreement. That is, if Alpha-G changes
its Terms and Conditions in the middle of a job or
consulting agreement, we agree to finish the job
under those Terms and Conditions which were in
effect when we started the job.
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