PAY-AS-YOU-GO-TERMS

These PAY-AS-YOU-GO Terms of Service (“PAY-AS-YOU-GO Services Terms”) govern Client’s use of The Amaral Group, LLC’s Services as needed or project based. By subscribing to or using The Amaral Group, LLC’s Services, Client agrees to be bound by these PAY-AS-YOU-GO Service Terms, which are incorporated into The Amaral Group, LLC Master Service Agreement between Client and The Amaral Group, LLC. Capitalized terms not defined in these Terms of Service have the meaning given to them in The Amaral Group, LLC Master Service Agreement.

SERVICE SUBSCRIPTIONS

Service Subscription Required. The right to use this Service requires that Client is enrolled in a Service Subscription.

Service Plan. Each Service Subscription has its Service Plan defined by the applicable Order and its Schedule of Services. PAY-AS-YOU-GO Services Plan options include:

• PAY-AS-YOU-GO Services
• PAY-AS-YOU-GO Services (Remote Only)

SERVICE LEVEL

Unlimited On-Demand Support. Client is eligible to receive unlimited on-demand unscheduled support via The Amaral Group, LLC’s Email / telephone support system.

Response Time. During Business Hours The Amaral Group, LLC will respond to support requests as BEST EFFORT and first available engineer within normal business hours (Monday thru Friday 8:00 AM EST thru 6:00 PM EST) of receipt of notification from Client.

Consulting and IT Planning. The Amaral Group, LLC will provide Client with consulting, new technology planning, life-cycle budgeting and solution engineering services.

Standards Alignment. The Amaral Group, LLC will perform regular Alignment reviews with key Client decision makers to confirm Client’s IT is aligned with business goals providing strategic roadmaps and business impact analysis.

24/7 Support Options. The Amaral Group, LLC will NOT be reachable outside of Business Hours (Monday thru Friday 8:00 thru 6:00 PM EST)

LICENSES: Please note that all Microsoft and Google Workspace licenses are ANNUAL contracts billed monthly and are not cancelable. You can request MONTH-to-MONTH (each vendor adds ~20% premium on month-to-month). All Adobe Licenses are ANNUAL.

Assignability

Neither this Agreement nor any of the rights or obligations hereunder may be assigned, delegated, or otherwise transferred by Client without the prior written consent of The Amaral Group, LLC, and any attempted assignment without such consent shall be null and void.

The Amaral Group, LLC may assign or transfer its rights and obligations under this Agreement without Client’s consent, including, but not limited to, in connection with (i) a merger, acquisition, sale of all or substantially all of its assets, or other corporate reorganization, or (ii) an assignment to an affiliated entity or subcontractor for the performance of services, provided that such assignee agrees in writing to be bound by the terms of this Agreement.

Subject to the foregoing, this Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective permitted successors and assigns.

This clause shall be interpreted in accordance with the laws of the Commonwealth of Massachusetts, without regard to its conflict of law provisions.

SUPPLEMENTAL SERVICES

If Client has selected Supplemental Services, then specifics are defined on the quote provided.

CLIENT’S OBLIGATIONS

Any authorized Client employee may make service requests using the following methods with the related degrees of priority.

Client will make Client System available to The Amaral Group, LLC via remote access at all times through the use of a secure connection, firewall and a dedicated high speed Internet connection which Client agrees to maintain at all times.

CHARGES

In consideration of The Amaral Group, LLC’s performance of Services pursuant to these PAY-AS-YOU-GO Services Terms, Client shall pay The Amaral Group, LLC the hourly rate as defined in the referencing Order.

Additional service hours outside the scope of these Terms are billed at the Hourly Rate.

If Client has selected the PAY-AS-YOU-GO Services (Remote Only) option, all Onsite Support is billed at the Onsite Support Hourly Rate indicated on the referencing Order.

All software and hardware costs are the responsibility of Client.

Printer hardware failure repair is outside the scope of this Agreement. The Amaral Group, LLC will outsource printer hardware repairs to manufacturer or a third-party vendor. Service charges may apply.

All Microsoft/Office 365 and Google Workspace licenses are ANNUAL contracts and not cancelable UNLESS specifically requested MONTH-to-MONTH (Microsoft 20% premium on month-to-month).

All Adobe Licenses are ANNUAL.

DEFINITIONS

“Onsite Support” means any assistance provided by The Amaral Group, LLC that is done on Client System that requires physical presence at Client location.

“Remote Support” means any assistance provided by The Amaral Group, LLC that is done on Client System without physical presence at Client location.