Terms of Service

Acceptance of Terms

Last Updated: 1/1/2026

The services that Xccelero, Inc. (Xccelero) provides to you are subject to the following Terms of Services (“TOS”). Xccelero reserves the right to update and modify the TOS at any time without notice to you. The most current version of the TOS can be reviewed by clicking on the “Terms of Use” hypertext link located on our Support Center page. When we make updates to the TOS, Xccelero will update the date at the top of this page.

How to Request IT Support

NON BUSINESS CRITICAL
- Option 1: Create a ticket by Right Clicking on the Xccelero icon located on the Task Bar for PCs or the Finder for Macs. Select Request IT Support, fill out the form, and then click Send.
- Option 2: Create a ticket by emailing wecanhelp@xccelero.com with a brief description of your request and your contact number.
BUSINESS CRITICAL
- Call 501-244-3777. If we don’t answer your call, please leave a voicemail and a ticket will be created on your behalf automatically.
BUSINESS CRITICAL AFTER HOURS SUPPORT
- Call 501-244-3777 and select Option 2. The call will route to the on-call tech.

IMPORTANT NOTE: In order to ensure the highest level of security and provide you with the best service, we kindly request that you refrain from directly contacting Xccelero Technicians/Engineers via their personal email or cell phone. Instead, we encourage you to follow our designated process for any inquiries or assistance needed. By doing so, we can effectively track, measure, and account for all requests and communications. Rest assured that our dedicated Technicians/Engineers will promptly reach out to you from our main support number 501-244-3777 and via email through our exclusive closed loop ticketing system.

Standard Hours of Operation

Monday to Friday 8am to 5pm

Service Level Agreement For Fully Managed IT and Co-Managed IT Plans

RESPONSE TIMES AND BEST EFFORT RESOLUTION

Our Response Times and Best Effort Resolution times apply to Fully Managed IT and Co-Managed IT Service Plan clients only. Response is defined as a “good faith” effort to communicate with the Client using the contact information provided by that Client. Response may be via phone, chat, voice mail, e-mail, onsite visit or such other communication mediums that Xccelero deems expedient. Service Level response times and resolve times to service requests are measured once a request is submitted to the service/ help desk. We prioritize each request based on the severity/impact/type of the request.

Category	Response Time
Help Desk	Within 15 minutes
On-site support for business critical support	Within 4 hours
Category	Best Effort Resolve Time
Business Critical: All users affected, major productivity loss, complete site down, potential revenue impact, terminating an employee, backups not working, cybersecurity incident	Same business day
Reactive Support High: Multiple machines/users affected with moderate productivity loss	Within 1 business day
Reactive Support Medium: Multiple machines/users affected with minor productivity loss	Within 3 business days
Reactive Support Low: One machine/user affected	Within 5 business days
Proactive Administration: Routine work including managing, supporting, and securing cloud and on-premise network infrastructure, applying security and software updates, performing system optimizations, and automating processes	Within 5 business days
Moves/Adds/Changes: Setting up new employees, relocating an employee to a new office, routine work including hardware/software installations and upgrades for existing environment	Within 10 business days
Projects: Delivering a new software solution, migrating to a new ISP or Cloud Phone System, Microsoft 365 migration, Cloud Desktop migration, relocating an office, deploying a large number of computers, deploying new servers or network infrastructure	Within 90 business days

AFTER HOURS, WEEKEND AND HOLIDAYS

Emergency services performed outside of the hours of 8:00 am – 5:00 pm Monday through Friday, excluding holidays, will be billed at the service role hourly rate if not covered under a managed services agreement. We will notify you of potential charges for emergency services before performing any work. We do not charge additional fees for project delivery, scheduled maintenance, or managed services work covered under an agreement delivered or performed after hours, weekends or holidays.

ON-SITE SERVICES

Whether an on-site visit by Xccelero is necessary to address the Client’s issue will be determined at the sole discretion of the Xccelero staff. For any such visits, Xccelero will not be responsible for moving any furniture or valuables. To ensure the health and safety of Xccelero’s service providers, Xccelero reserves the right to refuse or reschedule work due to unsafe conditions, which include, without limitation, extreme temperatures, natural disasters or the existence of other hazards, real or perceived.

Terms Of Services For All Clients

HARDWARE AS A SERVICE. Xccelero may provide hardware as part of the Managed IT Service. Any hardware provided by Xccelero to Client unless purchased by Client is the sole property of Xccelero and must be returned within 20 business days if service is cancelled.  All Client data stored on the hardware appliances owned by Xccelero will be transferred to Client, verified by the Client, then the Client data will be securely removed from the Xccelero owned hardware appliance.

CONFIDENTIALITY.  Both Xccelero and Client may be given access to or acquire information which is proprietary or confidential to the other party and its affiliated companies, clients, and customers. Any and all such information obtained by either party shall be deemed to be confidential and proprietary information. Both parties agree to hold such information in strict confidence and not to disclose such information to third parties or to use such information for any purposes whatsoever other than the providing of Services under this Agreement.

INTELLECTUAL PROPERTY. All intellectual property rights, including copyrights, patents, patent disclosures and inventions (whether patentable or not), trademarks, service marks, trade secrets, know-how, and other confidential information, trade dress, trade names, logos, corporate names and domain names, together with all of the goodwill associated therewith, derivative works and all other rights (collectively, “Intellectual Property Rights”) in and to all documents, work product and other materials that are delivered to you under this Agreement or prepared by or on behalf of Xccelero in the course of performing the Services (collectively, the “Deliverables”) shall be owned exclusively by Xccelero. Xccelero hereby grants Customer a license to use in Arkansas all Intellectual Property Rights in the Deliverables free of additional charge and on a non-exclusive, non-transferable, non-sublicensable, fully paid-up, royalty-free and perpetual basis, solely to the extent necessary to enable Customer to make reasonable use of the Services.

ARBITRATION.  These Service Terms shall be governed by and construed in accordance with the laws of the State of Arkansas. Any controversy or claim arising out of or relating to this agreement, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.

LIMITATION OF LIABILITY. Xccelero shall not be responsible at any time for any loss, alteration, or corruption of any software, data, or files. Xccelero shall not be liable in any way for damages arising from any part, equipment, peripheral, software or other product supplied to Client by Xccelero. In no event shall Xccelero be liable for consequential, indirect, incidental, special, exemplary, punitive or enhanced damages, or lost profits or revenues, arising out of, relating to, or in connection with any breach of this agreement, regardless of (a) whether such damages were foreseeable, (b) whether or not Xccelero was advised of the possibility of such damages and (c) the legal or equitable theory (contract, tort, or otherwise) upon which the claim is based. In no event shall Xccelero’s aggregate liability arising out of or related to this agreement, whether arising out of or related to breach of contract, tort (including negligence) or otherwise, exceed whatever sum of money was paid by Client to Xccelero during the one month prior to the time the cause of action arose.

DISCLAIMER OF WARRANTIES.  Xccelero‘s services are provided “as is” and “as available” basis without warranty of any kind. To the maximum extent permitted under applicable law, Xccelero, on its own behalf and on behalf of its affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory, or otherwise, with respect to the application, including all implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage, or trade practice. Xccelero makes no express or implied warranties, guarantees, assurances of quality, conformity of specifications, reliability or functionality. Xccelero and/or its third-party service provider shall not be liable for any failure or delay in performance due to any cause beyond Xccelero or service provider’s control. If Xccelero or its third-party service provider’s ability to render services is impaired by Client or by circumstances beyond the control of Xccelero or its third-party service provider,. Xccelero and/or its third-party service provider may choose not to provide services. Service can also be denied if dangerous or unhealthy conditions are present, including, without limitations, possible code violations.

CANCELLATION. The Client or Xccelero may terminate this agreement upon ninety (90) days written notice if either party:   1. Fails to fulfill in any material respect its obligations under this Agreement and does not cure such failure within (90) days of receipt of such written notice. 2. Breaches any material term or condition of this Agreement and fails to remedy such breach within (90) days of receipt of such written notice. If either party terminates this Agreement, Xccelero will assist Client in the orderly termination of services. Xccelero will schedule time with Client to remove all software and hardware installed by Xccelero on Client’s on premise or cloud environment. Xccelero will remove all Client’s data collected by the managed IT service(s) software during the cancellation process.  If Client received free hardware or service as part of a contract agreement, Client will be required to pay off the remaining balance of the contract.

CLIENT RESPONSIBILITIES

Software Licenses.   The Client understands and agrees the Client is solely responsible for purchasing and maintaining all applicable software licenses not provided by Xccelero. Client understands Xccelero will not support or install any software that is knowingly unlicensed or in a manner that intentionally violates any license or terms of use agreement.

Hardware/System Support. Xccelero shall provide support of all hardware and systems specified in agreement, provided that all Hardware is covered under a currently active Vendor Support Contract; replaceable parts are readily available, and all Software be Genuine, Currently Licensed and Vendor-Supported. Should any hardware or systems fail to meet these provisions, they will be excluded from this Service Agreement.

Network Connectivity.  The Client agrees to provide Xccelero and/or its third-party service provider with remote network access to perform remote management, monitoring, maintenance, and support.

Physical Access. The Client agrees to provide Xccelero with physical access to systems supported under this agreement.

Computer Uptime.   The Client agrees to leave computers turned on where possible to allow Xccelero to perform remote management, monitoring, maintenance, and support.

INVOICES AND PAYMENTS

Fee Schedule.  The service fee agreed to by Client and Xccelero shall not be increased between the service start and end dates unless additional services are added at Client’s request.

Invoices. Invoices are sent via email on the first day of the month and are due upon receipt. You may dispute any charge or fee in good faith. However, if a payment is later determined to have been due, it shall be subject to a late charge equal to 1.5% of the outstanding balance per month or the maximum rate permitted by law, whichever is less, from the due date until paid. In addition, you shall pay all legal fees incurred by Xccelero to collect any amounts due to us under this Agreement.

Suspension of Service.  If your account has charges which are 60 days or more overdue (except charges disputed reasonably and in good faith), we reserve the right to suspend Services until such amounts are paid in full. We shall not charge you for suspended services, but you are liable for all accrued liabilities and obligations.

Fee Increases. The Client in a month to month agreement understands and agrees Xccelero may increase fees based on changes in scope, service level requirements, inflation, vendor price increases, and or other market conditions that warrant a price increase. Xccelero shall communicate to Client one billing cycle in advance before implementing any fee increase. If Client is under an annual contract, Xccelero will not increase fees during the annual contract term unless additional users are added to the Fully Managed IT or Co-Managed IT Services plans or if other additional products and services are added to the plan. The fee increase for additional users to Fully Managed IT or Co-Managed IT Services or other additional products and services will be added to the next month’s invoice. At the end of a one-year contract, fees may be adjusted according to changes in scope, service level requirements, removal of discounts, inflation, vendor price adjustments, or other market conditions. Any fee increases will be communicated 30 days prior to the contract renewal date. If Client is under a multi-year contract, Xccelero will increase fees up to three (3) percent per year and will increase fees if additional users are added to Fully Managed IT or Co-Managed IT Services plan or if other additional products and services are added to the plan. The fee increase for additional users to Fully Managed IT or Co-Managed IT Services or other additional products and services will be added to the next month’s invoice.

Out of Scope Managed Services Work Hourly Rates

Services rendered outside the scope of any managed IT services plan will be billed at our hourly rate with a two-hour minimum for on-site visits. We bill hourly based on the type of technical staff expertise required to complete said service or project. We will advise you in advance of performing said service or project to provide an estimate of the charges. All service rendered for the new installation of computer equipment will be taxable in accordance with Arkansas State Law.

Standard IT Service	Advanced IT Service	Expert IT Service	Special Cybersecurity Service
We perform standard IT service including installation, configuration, testing, troubleshooting and fine tuning of client hardware and software, network hardware and software, telephone hardware, wired and wireless network systems.	We perform advanced IT service including project management, design, installation, configuration, testing, troubleshooting and fine tuning of server hardware, server software, telephone systems, wired and wireless network systems.	We serve as your Virtual Chief Information Officer or Virtual Chief Information Security Officer.	Incident response and remediation after a cybersecurity attack.
$200 Hourly	$250 Hourly	$300 Hourly	$375 Hourly

Billable Out of Scope Managed Services Work

Implementing new IT hardware, solutions, and projects
Implementing major expansions of a client’s network, opening a new office, or relocating an office
Testing, running, terminating, add installing network cables
Software development
Website design and development
Supporting, managing, configuring, and administrating software that is not licensed or is not supported by the manufacturer
Supporting, managing, configuring, and administrating critical network, firewall, UPS, and server hardware that is at the end of life or doesn’t have a hardware warranty in place
Supporting, managing, configuring, and administrating software or hardware that is blacklisted by the United States Federal Government
Asset Disposal
Repairing the internal components of printers
- Note: We can help troubleshoot and solve some printer hardware problems but problems resulting from internal hardware component failure may require outside professional services help or replacing the entire hardware unit. As a best practice, we recommend subscribing to maintenance/support plans with a managed print service provider for printers/copiers/scanners.
Repairing the internal components of firewalls, wireless access points, and network switch
- Note: Most of these types of hardware devices are not designed to be repaired but to be replaced if there are internal hardware problems.
Repairing the internal components of desktops, laptops, UPS, and servers
- Note: We will replace internal hardware components of desktops, laptops, and servers with manufacturer parts such as motherboards, batteries, screens, power supplies, CPU, memory, network cards, video cards, HDDs, SSD, and RAID Controllers but not try to repair the individual hardware components in a motherboard, battery, power supply, CPU, memory, network card, video card, HDD, SSD, and RAID Controllers.
Desk Phone, Mobile Phone, and Tablet hardware repair
- Note: Most desk phones, mobile phones, and tablets are not designed to be repaired but to be replaced. For iPhones and iPads, we recommend subscribing to Apple Care for iOS devices for hardware repair/replacement.
Third Party Breach Response or Digital Foreinics Professional Services
- Note: We provide a cybersecurity incident response plan for all managed services clients and work to prevent, detect, respond, and recover from cybersecurity attacks with Xccelero resources. If a third party (Non Xccelero employee) is required to be hired to perform breach response or digital foreincis services, the client will be responsible for the fees associated with those services. We will not initate a third party unless requested by the client.

Travel Expenses

The client will be invoiced for actual travel costs, including mileage, airfare, meals, and accommodations, should these expenses arise during the provision of services for the client.

Hardware Replacement Best Practice

We send a hardware lifecycle report every month to managed services clients to help stay abreast of your hardware fleet so that you can budget in advance before hardware warranties expire and or the hardware becomes end-of-life. When hardware becomes end-of-life, there is a lack of support/parts from the manufacturer, the performance of the hardware degrades, and application performance degrades. We typically recommend replacing hardware based on the lifecycle schedule below:

Laptops
- Windows : 3 years
- Mac: 5+ years
Desktops
- Windows: 5 to 6 years
- Mac: 5 to 7 years
Workstations
- Windows: 5 to 7 Years
Printers – 3 to 5 Years
Scanners – 3 to 5 Years
Firewalls – 5 Years
Wireless Access Points – 3 to 5 Years
Network Switch – 5 Years
Servers – 5 to 7 Years
UPS with lead acid batteries – 3 years
UPS with lithium-ion batteries – 5 years

Taxable Sales and Services

Software Sales

We do not charge sales tax for software in accordance with Arkansas State Law.

Hardware Sales

We charge city, county, and state sales tax for all hardware sold in accordance with Arkansas State Law.

Services

We charge tax for all services related to the installation/setup of new computers, network equipment, servers, firewall, and etc in accordance with Arkansas State Law. We do not charge sales tax for Managed IT Services or Support Services in accordance with Sate Law.

Credit Card Payments

Credit Card Payments

We charge a 3% processing fee on all hardware, software, and services that are purchased with a credit card. The processing fee covers our merchant cost.

Software and Hardware Sales

Software and Hardware Sales

We require digital approval from all clients via a signed proposal or replying to a service request before purchasing new hardware or software. We will send an invoice to the primary billing point of contact and collect payment upfront before any new software and hardware is purchased. Upon payment, we will execute our procurement process to ensure you receive what you ordered.

Project Sales

Project Sales

We require digital approval from all clients via a signed proposal or replying to a service request before executing projects that include professional services work, hardware, and software. We will send an invoice to the primary billing point of contact to collect payment upfront for all professional services work, hardware, and software. Upon payment, we will execute our procurement process to ensure you receive what you ordered.