Watkins Labs Logo
  • A local Georgia Company

Pay-As-You-Go Terms of Service

Watkins Labs
Effective Date: 01-01-2025

1. Introduction & Scope

These Pay-As-You-Go (PAYG) Terms of Service (“Terms”) govern the on-demand IT and managed services provided by Watkins Labs (“Provider”, “we”, “our”, “us”) to clients (“Client”, “you”, “your”). By accessing or using our services, you agree to be bound by these Terms in full. If you do not agree, please do not use our services.

2. Services & Pricing

2.1 Services Provided

Watkins Labs offers a broad range of IT and managed services, including, but not limited to:

  • Remote and on-site IT support
  • Network and infrastructure management
  • Cybersecurity consulting and implementation
  • Cloud solutions and virtualization
  • Data backup and disaster recovery planning
  • Hardware and software troubleshooting
  • IT advisory and strategic planning
  • Software development and application support
  • Co-managed IT services
  • Full IT solution replacement services

Any additional services will be subject to a separate statement of work.

2.2 Pricing Model

  • Break-Fix Rate:
    • Clients not on a retainer are billed at an elevated hourly rate.
  • Retainer Rate:
    • Clients on a monthly retainer pay a fixed fee from which specified services (e.g., break-fix, monitoring, routine support) are deducted.
    • Once the retainer cap is reached, additional services are billed in 4-hour increments at the applicable hourly rate.
  • Rates vary based on service type, urgency (standard vs. after-hours), and specific client agreements.
  • Detailed pricing information is available at watkinslabs.com/pricing.

2.3 Billing & Payment

  • Prepaid and Postpaid Services:
    • Some services require prepayment, while others are billed after service completion.
  • Payment Methods:
    • We accept credit cards, PayPal, and bank transfers.
  • Invoice Terms:
    • Invoices are due as specified on each invoice. Late payments may incur interest or fees as detailed therein.
  • Taxes:
    • All fees are exclusive of applicable taxes, which are the responsibility of the Client.

3. Availability & Response Times

3.1 Support Hours

  • Standard Support: Available Monday–Friday, 9 AM – 5 PM (local time).
  • Emergency Support: 24/7 support is available at premium rates for urgent issues.

3.2 Response Time Targets

  • P1 – Critical Issues: Initial response within 1 hour.
  • P2 – Major Issues: Initial response within 4 hours.
  • P3 – Minor Issues: Initial response within 24 hours.
  • General Requests: Acknowledgment within 48 hours.

Response time targets are estimates and do not constitute a binding service level guarantee.

4. Client Responsibilities

  • Provide necessary and secure access (e.g., remote access credentials) to enable efficient troubleshooting and service delivery.
  • Follow our recommended security practices and procedures.
  • Maintain up-to-date data backups unless using our integrated backup service.
  • Promptly communicate any issues or changes that may affect service delivery.
  • Cooperate with any investigative or remedial measures we undertake.

5. Disclaimers, Limitations of Liability, and Indemnification

5.1 Disclaimers & No Warranty

  • “As Is” Basis:
    • Our services are provided “as is” without any express or implied warranties, including warranties of merchantability, fitness for a particular purpose, or non-infringement.
  • Service Limitations:
    • We do not guarantee uninterrupted or error-free service and are not liable for any delays, interruptions, or inaccuracies.

5.2 Limitation of Liability

  • Exclusion of Damages:
    • Watkins Labs shall not be liable for any indirect, incidental, consequential, or punitive damages (including, without limitation, data loss, loss of revenue, or profits) arising from these Terms or your use of our services—even if advised of the possibility of such damages.
  • Cap on Liability:
    • Our total aggregate liability shall not exceed the fees paid by you for the services that gave rise to the claim during the 12-month period preceding the claim.

5.3 Force Majeure

Watkins Labs shall not be liable for any failure or delay in performance resulting from causes beyond our reasonable control, including but not limited to natural disasters, acts of government, labor disputes, or network failures.

5.4 Indemnification

You agree to indemnify, defend, and hold harmless Watkins Labs, its affiliates, and their respective officers, directors, employees, and agents from any claims, damages, liabilities, and expenses (including reasonable attorneys’ fees) arising from your use of our services, your breach of these Terms, or violation of any law or third-party rights.

6. Termination & Modifications

6.1 Termination

  • PAYG Services:
    • You may discontinue using our pay-as-you-go services at any time without formal cancellation.
  • Retainer Agreements:
    • For monthly retainer services, cancellation must comply with the notice period specified in your agreement.
  • Right to Terminate:
    • Watkins Labs reserves the right to suspend or terminate services for non-payment, misuse, or breach of these Terms.

6.2 Modifications

  • We reserve the right to modify these Terms at any time.
  • Any modifications will be posted on our website at watkinslabs.com/pay-as-you-go-terms-of-service/ and become effective immediately upon posting.
  • Your continued use of our services constitutes acceptance of the revised Terms.

6.3 Entire Agreement & Severability

  • These Terms constitute the entire agreement between you and Watkins Labs regarding the services and supersede all prior agreements.
  • If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

7. Data & Privacy

  • We collect, use, and store only the data necessary for providing our services and billing.
  • Client data is handled in compliance with applicable laws and regulations.
  • For further details, please refer to our Privacy Policy at watkinslabs.com/privacy-policy.

8. Governing Law & Dispute Resolution

  • These Terms shall be governed by and construed in accordance with the laws of the State of Georgia, without regard to its conflict of law principles.
  • Any disputes arising under or relating to these Terms shall be resolved through good faith negotiations.
  • If a resolution cannot be reached, disputes shall be submitted to binding arbitration in Georgia in accordance with the rules of the American Arbitration Association.

9. Confidentiality

  • Both parties agree to maintain the confidentiality of all proprietary information disclosed during the course of service delivery.
  • This obligation shall survive termination of these Terms.

10. Intellectual Property

  • All intellectual property rights related to our services and any deliverables remain the exclusive property of Watkins Labs or its licensors.

11. Contact Information

For any questions or clarifications, please contact:
📧 support@watkinslabs.com