The following is a description of AEC Group, LLC’s standard terms and conditions governing all agreements between AEC Group and its customers. All of the following terms and conditions apply to every agreement between AEC Group and its customers except where AEC Group and its customer have agreed otherwise in a writing signed by both of them.
Basis for Service Charges
AEC Group provides its services on a time and materials basis. AEC Group may, at its option, advance reasonable expenses under $100 for its customers. At AEC Group’s request, customers will directly pay or advance to AEC Group the amounts to pay proper expenses of $100 or more. Any pre-purchased credit left on account for a period of time greater than a year will become the property of AEC Group.
AEC Group personnel enter their time into our time-keeping system, generally daily. The hourly service rates for AEC Group’s personnel range from $85 to $425, and are subject to adjustment from time to time at AEC Group’s discretion. Expenses advanced by AEC Group are also entered into our time-keeping system. Overtime rates (time and a half) apply to work performed outside regular business hours (8am to 6pm Monday thru Friday), including work performed on weekends and holidays that AEC Group is closed for business; and to work performed beyond 9 hours in a single day.
Invoices will be sent weekly or as appropriate, and are due net thirty (30) days. Late payment charges of one and one half percent (1½ %) per month apply to amounts that remain unpaid for thirty days. AEC Group has the right to suspend further services or shipments in the event that the customer fails to make payments when due.
Customer shall cooperate with AEC Group and shall take all steps reasonably necessary to permit AEC Group to perform any agreed services. AEC Group shall provide its services in a good and workmanlike manner consistent with the prevailing standards for information services consultants providing similar services in the three-state Greater Pittsburgh Metropolitan area.
AEC Group disclaims all representations and warranties that are not specifically agreed to in writing, including, without limitation, any warranties of merchantability, fitness for a particular purpose, effort to achieve purpose, quality, accuracy, non-infringement, quiet enjoyment, and title or system availability. AEC Group is not responsible for any direct, special, incidental, consequential or exemplary damages, including, but not limited to, damages based on loss of profits, loss of use, business interruption or loss of data, even if advised of the possibility of such damages.
When services are performed on customer’s premises
Customer shall sign our personnel’s accurate timesheets daily or as otherwise requested. On-site work is typically proposed and delivered in full professional days. If the work location is more than 50 miles from an AEC Group branch location, customer is additionally responsible for reimbursement of travel expenses for mileage as per IRS guidelines as well as possible airfare and lodging expenses. Multiple day engagements will include a per-diem charge of $75 for meal expenses. The customer is responsible for providing suitable work space and a safe work environment, and ingress, egress, and access to the workspace at such times as may be reasonably desired.
When services are performed remotely
Remote work is billed in full hour increments, rounded up to the nearest hour. The customer is responsible for providing suitable secure remote access to the computing environment at such times as may be reasonably desired.
When work is cancelled, terminated or suspended
Scheduled work, canceled with less than 48 hours’ notice, will still be charged one full days effort. Work may be cancelled, terminated or suspended by customer with two (2) weeks written notice without penalty. Customer is responsible for payment for all work delivered prior to termination. If the work is fixed price, customer is responsible for paying a prorated amount towards any partially completed deliverables. Prorated amount will be based on actual time worked toward the deliverable. If work is cancelled, terminated or suspended with less than two weeks’ notice, customer will remit 50% of the expected billings for the two week period to cover AEC Group’s cost in transitioning the team.
When services are performed using customer’s software or systems
Customer shall ensure that all computers, computer systems, software, and materials that are provided to or for AEC Group personnel by the customer shall be duly licensed for their reasonably anticipated use in connection with AEC Group services. Customer shall ensure that all computers, computer systems, software, and materials that are provided to or for AEC Group personnel shall not infringe the copyright, patent, trade secret or other intellectual property rights of any third party.
Sale of Goods
Prices quoted by AEC Group are F.O.B., AEC Group’s offices; are valid for thirty (30) days unless a shorter period is specified; are exclusive of sales tax (if applicable), packing costs, and shipping charges. Any order for goods placed by a customer shall constitute an offer to contract upon the terms and conditions following, and no addition or variation whether contained in the customer’s order, or otherwise shall apply unless expressly agreed to in writing by AEC Group. No contract to supply goods exists until the Buyer has received from AEC Group an order acknowledgement confirming the order. AEC Group reserves the right to reject any order. Availability and delivery times quoted are estimates, not commitments. The risk of loss shifts to the customer when the goods are delivered to a common carrier. AEC Group will insure the goods upon customer’s request.
AEC Group accepts Visa, MasterCard, and American Express as payment types for orders only before the order has shipped. If the customer wishes to make use of a credit card, they must inform their account representative and complete the appropriate authorizations. An additional processing fee of three percent (3%) will be added to all orders paid by credit card. Your card will be charged when product ships. No credit card payments will be accepted after product has shipped as part of AEC Group’s net terms.
With respect to the customer, AEC Group, and its employees and contractors, are independent contractors. As between AEC Group and its customer, AEC Group is solely responsible for withholding and payment of all applicable federal, state, and local income and payroll taxes with respect to AEC Group’s employees. AEC Group will not enter into any partnership, joint venture, or agency relationship between AEC Group and its customers without an express written agreement identifying the same. Neither AEC Group nor its customers have the right to make agreements on behalf of the other.
AEC Group will not solicit for employment customer’s employees that become known to AEC Group as a result of AEC Group’s performance of services for customer. Customer will not solicit for employment AEC Group’s employees or contractors that become known to customer as a result of AEC Group’s performance of services for customer.
Use of Name
AEC Group and Customer hereby authorizes each other to refer to the other by name and trademark, and to the existence of the relationship between them, and briefly to describe the other’s business, in business development materials, including, printed materials and Internet web sites.
All taxes, tariffs, duties, and custom charges associated with shipping goods outside of the continental United States are the responsibility of the Customer. AEC Group requires the following fees be set aside in any purchase order requiring international fulfillment:
AEC Group will provide an initial estimate for landed cost. This is typically 15%-20% of the order value.
AEC Group will charge an International Handling fee to coordinate Export and Import of your order. This fee is typically $300 to $1500, depending on the complexity of your shipment.
This set-aside does not comprise the complete and final billing for all taxes, tariffs, duties, and customs. It is an estimate for budget purposes. Customer will be billed actual charges upon receipt of shipment.
Destination Control Statement
These commodities, technology, or software were exported from United States in accordance with Export Administration Regulations. Diversion contrary to U.S. Law prohibited.
Notices sent to AEC Group should be sent by email to AECWebContact@aecgroup.com. Notices will be sent to customer at the email address of a customer representative. Notices are effective when received if they are received from 9 am to 5 pm, EST. Notices not received between those hours are effective the first business day after they arrive at the recipient’s mail server.
Agreements made between AEC Group and its customers are governed by the laws of the State of New York, without regard to the conflict of laws provisions thereof.
Agreements made between AEC Group and its customers shall be in writing. No written agreement between AEC Group and its customer can be modified except by a subsequent written agreement signed by an officer of AEC Group.