Billing Rates, Service Terms, and Conditions

BILLING RATES, SERVICE TERMS, AND CONDITIONS

Effective Date: February 1, 2025

This document serves as a formal notice of NexGen Digital Solutions’ current billing rates, service terms, and conditions for all low-voltage services. By engaging NexGen Digital Solutions (“NEXGEN”) for services, the Client acknowledges and agrees to the rates, terms, and conditions outlined herein.

1. SCOPE OF SERVICES: NEXGEN provides low-voltage (“LV”) services, including but not limited to: Installation, Maintenance, Troubleshooting, and Repair of telecommunications, security, audio/visual, and other related low-voltage systems.

2. SERVICE RATE(S) & FEE(S)

A. DEFINITION(S)

  • REGULAR BUSINESS HOURS: Monday – Friday, 9:00 AM – 5:00 PM (Eastern Time).
  • AFTER HOURS: Any time outside of Regular Business Hours.
  • HOLIDAY(s): Any Federal, State, or commonly observed holiday.
  • SERVICE AREA(s): Defined in Section 9.
  • EMERGENCY: Any request that: (A) Occurs during a regular business day, or (B) Is mutually scheduled to take place during a regular business day in the future, and (C) Requires immediate or future attention, and/or (D) Necessitates NEXGEN to postpone, reschedule, cancel, or redirect an employee, subcontractor, or affiliate from another scheduled event, service call, or meeting to accommodate the Client’s request. Emergency services are provided on a best-effort basis and are not guaranteed. If a prior agreement exists that does not include emergency repair/service language or lacks a clear definition of emergency repair/service, the terms of this agreement shall prevail and govern all emergency service requests.

B. SERVICE RATE(S)

  • REGULAR SERVICE RATE: $150 PER HOUR, PER TECHNICIAN; 1-HOUR MINIMUM PER SERVICE CALL
  • AFTER-HOURS, WEEKEND, HOLIDAY RATE: $300 PER HOUR, PER TECHNICIAN; 2-HOUR MINIMUM PER SERVICE CALL
  • LV SYSTEM CAD/DESIGN/ENGINEERING/PLANNING/CONSULTATION: $3,000 RETAINER + $450 PER HOUR
  • EMERGENCY SERVICES – REGULAR BUSINESS HOURS RATE: $500 PER HOUR, PER TECHNICIAN; 2-HOUR MINIMUM PER SERVICE CALL.
  • EMERGENCY SERVICES – AFTER HOURS, WEEKEND, HOLIDAY RATE: $800 PER HOUR, PER TECHNICIAN; 2-HOUR MINIMUM PER SERVICE CALL
  • ON-SITE SERVICE CALL (TRUCK ROLL) FEES: BILLED IN ADDITION TO ALL HOURLY RATES AND THEIR REQUIRED MINIMUMS.SEE SECTION 9 FOR SERVICE AREA RATES
  • MATERIALS & HARDWARE: MATERIALS AND HARDWARE WILL BE BILLED IN THE SAME INVOICE, UNLESS OTHERWISE AGREED UPON IN WRITING.

3. INVOICING & PAYMENT TERMS: (A) INVOICING: (1) Invoices will be issued electronically via email immediately after work is completed.  (2) Invoices of $500 or less must be paid in-person at the time of service.  (3) If a paper copy is requested, it will be mailed within 30 days and will reflect any payments made at the time of service.  (B) PAYMENT:  (1) Payment is due immediately upon completion of work, unless otherwise agreed upon in writing.  (2) Accepted payment methods: Credit/Debit Card or Check.  (3) Bank Transfers, ACH, or Wire Transfers must be arranged in writing.  (C) FEES:  (1) Late Fees: Payments not received within agreed terms will incur a $35 or 2% (whichever is greater) late fee, plus 2% per month thereafter on the outstanding balance (or the maximum rate allowed by law).  (2) NSF/Bounced Checks: A fee of $35 (or the maximum permitted by law) will be charged for each returned check.

4. LIEN RIGHTS: In the event of nonpayment, Client acknowledges, understands, and agrees that NEXGEN reserves the right to file a mechanic’s lien against the property where services were performed, in accordance with Indiana state law.

5. WORK SUSPENSION & TERMINATION POLICY: NEXGEN reserves the right to refuse, suspend, cancel, or discontinue work on any project at any time and for any reason, at its sole discretion. In such cases:  (1) The Client remains responsible for all materials, labor, and time accrued, regardless of the service rate, up to cancellation.  (2) Outstanding balances become immediately due and payable. (3) Failure to remit payment may result in additional fees, legal action, or collection measures as permitted by law.  (4) This policy applies regardless of project completion status and includes, but is not limited to, situations where continued work presents operational, health, ethical, financial, or legal concerns for NEXGEN, its employees, subcontractors, or affiliates.

6. BUILDING PERMITS AND WORK EQUIPMENT: (1) The Client is responsible for, unless otherwise required by law, obtaining and covering all costs associated with any required building permits, fees, or licensing necessary for any project.  (2) Additionally, the Client is responsible for providing all necessary heavy equipment, including but not limited to aerial work platforms, for NEXGEN’s use.  (3) If the required equipment is unavailable at the scheduled time, preventing work from proceeding, the Client shall be liable for the full cost (including any additional expenses as outlined in Section 8) of NEXGEN’s scheduled time, labor, or materials for that day.

7. GOVERNING LAW & VENUE: This document is governed by the laws of the State of Indiana. Any disputes arising from these terms shall be resolved exclusively in the state or federal courts of Marshall County, Indiana.

8. ADDITIONAL EXPENSES: (1) All work may be subject to reimbursement for expenses, including but not limited to:  (2) Food, lodging, transportation, tolls, and other incidental costs necessary for timely project completion.  (3) At NEXGEN’s discretion or as required by law, the Client may be required to provide or secure liability, inland marine, and/or property insurance coverage for NEXGEN.

9. ON-SITE SERVICE / TRUCK ROLL FEE: (A) The On-Site Service / Truck Roll Fee Schedule defines the fees associated with dispatching a technician, team, subcontractor, or affiliate to a Client’s location for service, maintenance, troubleshooting, installation, or repair. These fees cover the costs of travel, vehicle use, fuel, and time spent commuting to and from the Client’s location. Truck roll fees are separate from standard service rates and apply per service call, regardless of the duration of work performed on-site. The fee amount is determined based on the Client’s location relative to NEXGEN’s primary service areas, as outlined in the fee schedule. NEXGEN reserves the right to waive or adjust these fees at its sole discretion and without prior notice. (B) FEE SCHEDULE (Revised: February 2025): (SA1: $50): MARSHALL (SA2: $100): ST. JOSEPH, KOSCIUSKO, FULTON. (SA3: $150) LA PORTE, ELKHART, NOBLE, WHITLEY, WABASH, MIAMI, STARKE. (SA4: $200) PORTER, LAGRANGE, ALLEN, HUNTINGTON, HOWARD, CASS, CARROLL, PULASKI, JASPER. (SA5: $250) LAKE, STEUBEN, DEKALB, WELLS, GRANT, TIPTON, HAMILTON, CLINTON, WHITE. (SA6: $300) NEWTON, ADAMS, BLACKFORD, MADISON, TIPPECANOE. (SA7: Starting at $350) BENTON, JAY, DELAWARE, MARION, BOONE, MONTGOMERY. (SA8+: PER PROJECT): ANY INDIANA COUNTY NOT LISTED.

10. LIMITATION OF LIABILITY: (1) NEXGEN shall not be liable for any direct, indirect, incidental, consequential, special, or punitive damages arising from or related to the services provided, including but not limited to loss of revenue, data, business opportunities, property, or equipment, whether caused by:  (A) Actions or inactions of NEXGEN except those grossly negligent, its employees, subcontractors, or affiliates, including errors, omissions, delays, service interruptions, or failure to complete work as scheduled.  (B) Actions or inactions of the Client, including failure to provide necessary information, approvals, access, equipment, or resources required for NEXGEN to perform services.  (C) Unforeseen circumstances, including but not limited to equipment failure, supply chain disruptions, natural disasters, acts of God, government restrictions, cyberattacks, vandalism, or any other conditions beyond NEXGEN’s control.  (2) The Client acknowledges that all services are provided on an as-is, as-available basis, and NEXGEN makes no guarantees or warranties, express or implied, regarding the outcome, performance, or effectiveness of any service, system, or solution.  (3) NEXGEN’s total liability shall be limited to $250 or shall never exceed the amount paid by the Client for the specific service giving rise to the claim, whichever is greater. The Client assumes full responsibility for any risks, damages, or losses associated with the use, misuse, or failure of any service, product, or recommendation provided by NEXGEN.

11. ACCEPTANCE OF TERMS: (1) By requesting or utilizing services from NEXGEN, the Client acknowledges and agrees to the terms, rates, and conditions set forth in this document. These terms apply to all current and future services unless otherwise specified in writing by NEXGEN.  (2) If a prior agreement exists between the Client and NEXGEN, the terms of this document shall govern only with respect to modifications that were not included in the prior agreement. However, any changes to hourly rates specified in this document shall prevail over those in any previous agreement.  (3) To the extent that any provision of this document conflicts with an existing agreement, the prior agreement shall control except for the modifications introduced in this document and any updated hourly rates, which shall supersede previous terms. If any provision of this agreement is deemed void or unenforceable, the remaining provisions shall remain in full force and effect.