Billing Policy

(updated 6/1/2010)

No Obligation

Acknowledgement and agreement to the terms of this billing policy does not obligate Client to receive services from AllMerchants L.L.C. However, once services have been performed by AllMerchants L.L.C. at the request of the Client, the Client agrees to all of the following terms and conditions.

Client acknowledges and agrees that AllMerchants, and/or its' assigns do not guarantee, imply, or predict any type of profit or response from services provided by AllMerchants.

Initiating Requests and Invoice Inquiries

AllMerchants L.L.C. does not charge Clients for initiating a new request or for inquiring about an invoice. All estimates and bids are provided free of charge unless otherwise specified in advance.

Time and Material Requests

Any services performed on behalf of Client that are not expressly covered under a valid contract and/or written agreement with AllMerchants L.L.C. will be billed at the appropriate time and material hourly rates. Except for the non chargeable services listed above, AllMerchants L.L.C. bills for all time and material expenses incurred as the result of providing services for Client.

Time expenses will be invoiced at an agreed upon hourly rate or rates. Material expenses will be invoiced without any markup.

AllMerchants L.L.C. does charge for all time incurred as the result of acquiring, processing, and/or delivering materials required so as to complete a Client request.

AllMerchants does charge for all time incurred providing consulting and/or advice, regardless of the means in which the consulting and/or advice are provided.

AllMerchants does charge for all phone calls, emails, faxes, meetings, and any other interaction time incurred with Client, Client vendors or Client partners that is required so as to complete a Client request.

AllMerchants invoices all time and material charges based on actual hours and actual material costs. Estimates provided for time and material requests are just approximations and do not affect the actual charges invoiced.

For time and material fees, AllMerchants L.L.C. invoices by time frame for the "actual" time and material fees that are incurred for a Client request during that time frame. Invoicing of time and material fees are not dependent on the completion status and/or functional status of the actual work being performed.

AllMerchants L.L.C. does not guarantee, warrant, provide free updates for, or provide free fixes for work that has been completed as a time and material request. If a time and material requests requires additional effort to modify, update, and/or fix then additional time and material fees will be incurred.

All work performed at a Client site, including return visits for any reason, will be billed from the time of arrival to the time of departure. All time spent traveling to and from the Client site will be billed.
 
Chargeable services include, but are not limited to: Requisitioning of Materials, Consulting, Research, Development, Diagnostics, Phone/Email/Fax Support, Project Management, Quality Control, Testing, and Training.

Fixed Cost Projects

Typically, AllMerchants L.L.C. does not provide fixed cost estimates for work that require less than 8 hours of effort.

A signed contract and/or written agreement must be in place for a request to be considered a fixed cost project.

Unless agreed upon otherwise, once a fixed cost project has been accepted, AllMerchants L.L.C. charges 50% of the cost of the estimated project in advance of any work being performed. Projects will only be scheduled once the initial deposit has been received. Depending on the size and duration of the project, additional advanced charges may be assessed at 25%, 50%, and 75% completion of the project. Once the project is 100% finished, a final charge will be billed for the balance of the fixed cost project.

All additional time and material requests, change requests, and any other expenses not covered by the defined scope of a fixed cost project will be invoiced separately.

Change Request

Any services performed by AllMerchants L.L.C. at the request of Client not expressly covered by an existing fixed cost project proposal will be considered a Change Request. AllMerchants L.L.C. bills for all Change Requests at the appropriate rates above and beyond any existing agreements.

AllMerchants L.L.C. Personnel

Client understands and agrees that AllMerchants L.L.C. may use any personnel, including, but not limited to, assistants, trainers, specialists and/or administrative staff employed and/or contracted by AllMerchants L.L.C., to assist in the completion of requests performed for the Client.

Out Of Pocket Expenses

Client will reimburse AllMerchants L.L.C. for all out-of-pocket expenses incurred in connection with a time and material request or incurred in connection with a fixed cost project where the expense was not specifically covered by the scope of a fixed cost project. Such out-of-pocket costs for which Client agrees to reimburse AllMerchants L.L.C. include, but are not limited to: travel expenses, postage, stock photography, and SSL certificates.

Invoices

AllMerchants L.L.C. typically invoices monthly, but shall submit invoices to Client as often as weekly. 

Client agrees to pay invoices within 15 days (Net 15).

If there are any questions or concerns about an invoice, Client should inquire immediately so as to resolve any issues before the invoice is due. AllMerchants L.L.C will do our best to help clarify and/or resolve any such issues in a timely manner.

Corrections and updates to an invoice will not change the due date.

Received payments will be applied to the oldest invoices first.

In the event of a late payment, AllMerchants reserves the right to invoice for all other outstanding services that have yet to be invoiced "due on receipt". 

Any outstanding balances not paid when due as agreed above will entitle AllMerchants L.L.C. to withdraw from and halt any further progress of project(s) of Client and time and material requests of Client.

Client agrees that AllMerchants L.L.C. is not responsible in any form for any damages, expenses, or other issues incurred by Client as result of AllMerchants L.L.C. halting work because of an invoice that is past due.

In the event that a Client payment is late, the Client irrevocably covenants, promises and agrees to indemnify AllMerchants and/or its' assigns and to hold AllMerchants and/or its' assigns harmless from and against any and all losses, claims, expenses, suits, damages, costs, demands or liabilities, joint or several, of whatever kind or nature which AllMerchants and/or its' assigns may sustain or to which AllMerchants and/or its' assigns may become subject arising out of or relating in any way to the halting of work because of an invoice that is past due, including, without limitation, in each case attorneys' fees, costs and expenses actually incurred in defending against or enforcing any such losses, claims, expenses, suits, damages or liabilities.

Halting of work by AllMerchants L.L.C. does not relieve Client of the obligation to pay all invoices.

In the event of a late payment, AllMerchants L.L.C. may immediately charge a $25 late fee to your next invoice. AllMerchants, L.L.C. may send late notices as often as every 7 days. Client acknowledges that AllMerchants L.L.C. may charge a $25 fee for each late notice that is sent.

Change of Terms

We reserve the right to change the terms and conditions of this Agreement as needed. Use of our services by you after said changes constitutes acceptance of those new terms and conditions. This includes, but is not limited to, the right to change our service rates on renewed hosting service plans and our hourly rates for new time and material requests at any time. For changes in service rates or hourly rates, we will always give thirty (30) days notice prior to changing rates. If you do not agree to the new terms and conditions, you may elect to cancel your hosting service plan in accordance with our cancellation policy which requires thirty (30) days written notice.

General Provisions

Client has read this Agreement, understands and agrees to its terms and conditions.

This Agreement is made and shall be construed under the laws of the State of Michigan and exclusive venue shall lie in Macomb County. 

In the event of a dispute, the parties agree to submit the matter to the Community Dispute Resolution Service or any recognized Arbitration Board located within our state and county, before instituting litigation.

In the event that any of the provisions of this Agreement are deemed to be null and void, ineffective or invalid by any competent tribunal, the provisions of this Agreement are declared severable and the balance of the Agreement shall remain effective.

This Agreement constitutes the entire Agreement between Client and AllMerchants pertaining to its subject matter and supersedes all of our prior Agreements pertaining to its subject matter.

No waiver of any of the provisions of this Agreement shall be deemed, or shall constitute a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by the party making the waiver.