MEGA SOLUTIONS LLC TERMS OF SERVICE
MEGA Solutions prides itself on how we treat our clients, our partners, and most importantly, our employees. Part of the reason we got into the business is to show everyone that there's a better way to do everything you do, from the front office to the back. The culture we've created is reflected in how we approach every engagement, because we want to ensure that our employees - our most valuable assets - are protected, are satisfied and most importantly, do their best work.
The following terms outline certain key understandings that we require for every engagement. Should we enter into a business arrangement with us, you'll be asked to acknowledge these terms as part of the working relationship. None of these terms are intended to violate any state or Federal law, and should there be such a concern, we ask that you bring it to our attention immediately.
CONTRACTS AND TERMS
MEGA Solutions will only enter into agreements that are of mutual benefit. One-sided contracts will have redlines submitted that introduce verbiage beneficial to MEGA Solutions without legal ramification and without adverse effects to our clients or partners. It is expected that clients and partners will want to enter mutually beneficial agreements, as they support the very work we're trying to engage in.
We will not execute any one-sided agreement for any reason, and agreements that create risk for either company will be rejected.
Non-disclosure, non-compete and similar agreements must be scoped to a reasonable amount of time beyond the termination of the master contract that governs them.
Certain clauses are not per se prohibited by any law, but they are also not required, recommended or of any appreciable value. We will request that these clauses be removed or modified accordingly to resolve the concerns.
Finally, all contracts with MEGA Solutions require advance notice of termination for both parties involved of no less than fifteen (15) days in advance of the date of termination.
WORKER OVERSIGHT AND AUTHORITY
You agree that employees, contractors and sub-contractors provided by MEGA Solutions answer to us, and we are accountable for the work they provide. This means that no worker employed by MEGA Solutions (whether permanent or otherwise) is required to participate in anything that is not directly correlated to the contracted work.
Representatives of MEGA Solutions will not be required to submit to any sort of invasive screening procedures.
This includes (but is not limited to):
'Hard' credit checks
Personality or behavioral testing
Lie detector tests
Family or health information questions
Medical procedures that pierce organs (including skin); to include vaccinations, blood tests or similar
Any such vetting or screening would have been performed as part of MEGA Solutions' onboarding. We are happy to share any concerns that may have been raised, without specific disclosures.
Finally, no representative of MEGA Solutions is subject to disciplinary action by anyone but MEGA Solutions Management. Concerns regarding worker performance, behavior, or attitude should be raised through the proper contracted escalation procedures.
MEGA Solutions has created a very simple billing model that we believe is inclusive for businesses of all kinds. In the event a client or partner requests that we perform work that is outside of the contract terms, we reserve the right to charge fees to offset the impact. This impact is not a matter of time spent; any work that is not part of a contract, no matter how benign, is distracting and not value driven.
Unless otherwise agreed to, MEGA Solutions will charge travel & expenses back to the client for engagements where the work location cannot be remote. Government clients may be exempt from portions of this section.
Below are the common understandings with our Travel & Expense procedure:
Travel Method. Workers can choose the method of travel that best suits their needs, while minimizing cost to the company.
Certain workers may not be comfortable taking a flight, flights may not be available, or flights may be delayed. Some workers may prefer to drive or take trains; these are acceptable means of transportation provided the cost does not exceed MEGA Solutions' expected thresholds. and time expectations are met.
Hotel and Lodging. Workers can choose the hotel/chain that best suits them, and are encouraged to maximize travel rewards as a self-incentive.
Workers are expected not to choose the most expensive hotel, but MEGA Solutions understands that hotel rates may be out of their control in certain regions, and proximity to the client site may be a factor.
Vehicle Rentals/Taxi Services. Workers may select a rental car or other type of vehicle travel as they choose, so long as the daily rate does not exceed company thresholds.
Daily Meals. Meals as per diem according to IRS regulations for the applicable state
The 'applicable state' may vary. A worker traveling from Nevada to Colorado will cross multiple states; the per diem rate will apply according to the state the expense was incurred in.
Workers that have a corporate card are exempt from per diem and are expected to submit receipts for expense processing as normal.
Examples of other situations that may incur additional fees include, but are not limited to:
Time spent for workers to attend training that is not part of the scope of work;
Time spent for workers to perform activities for client-side processes that are outside of the scope of work (e.g. internal timesheets);
Time spent for workers to perform manual processing to accommodate client requests (e.g. special invoicing);
Risk associated with dangerous and/or hazardous conditions at work site when the client refuses to allow remote work (e.g. excessive heat and/or fires, blizzard-like conditions, pandemic center, flooding, etc);
Parking charges that are not avoidable and not subsidized by the client; and
Accommodation charges where the requirement is exclusive to the client; for example, requiring workers compensation coverage despite no onsite presence (and thus no risk).
We'll work with you to minimize excess charges, because we don't like them, but we recognize they may be necessary to offset expenses.
MEGA Solutions owns the prices and billing model that it provides for its services. While there is certain limited negotiability, the prices are determined based on the scope of work, and are designed with value in mind. At no point will the price quoted exceed the expected value returned, and in most cases, the price quoted will be a small fraction of the savings and/or value gained.
This means that, when MEGA Solutions has attached a specific value proposition to the work and proposal, it is expected that acceptance of the quoted price takes value into account, rather than subjective comparison (aka "sticker shock").
Example: if a company could demonstrably save $100,000 over the course of a year, why would that company have a problem paying $20,000 to get there and realize a $80,000 savings? If the company just reacts to the $20,000 number, that's a subjective reaction that doesn't consider that the service will have already paid for itself in a less than 1 year ROI.
But if that company simply didn't have $20k to invest, that's why we have multiple billing models to minimize upfront investment but start realizing ROI right away, which should (in theory) free up funds for more work.
Finally, it is our expectation that clients and partners understand that our rates are subject to change at any time if they are not captured in a contract. This means that the same or similar work could be more or less expensive at a later time if there isn't a persistent contract in place to set a rate for a determined period of time.
To be effective to you, MEGA Solutions must be considered your trusted partner as we work together to solve your business problems. This trust must be mutual, and means that we can't always show something until after it's completed.
Our commitment to you, is if we can show, we will show, but you should not expect to always be shown something. We will work to explain what we can't show, and we expect that you can use the information to 'envision' the outcome. Along the way, we'll collect feedback as to whether you're seeing the fruits of the labor, even if the end product doesn't necessarily match what you thought it would be. Our goal is that we get you the value we said we would, which may mean we go a different route than we originally planned.
If at any point you're not seeing or feeling value from the work performed, just tell us. We'll make adjustments.
MEGA Solutions expects its workers to manage their time accordingly, and provides a very flexible working environment for them to do so within our normal hours of operation of 7am to 7pm, Monday through Friday.
Certain clients may wish to have workers participate in an on-call rotation. MEGA Solutions is not against this participation, but it's important to understand how we interpret the need, as our workers will engage as consultants, not salaried employees.
A worker that is on-call must be available and accessible for 24 hours a day for the day(s) that they are designated to be on-call. This also means potentially not getting sleep, not being able to leave the house, not being able to see to family or manage their own health, etc., because a problem or incident could happen any time.
For a salaried employee, it is assumed to be part of the scope of the job.
For a contractor, it is a value-added service that is offered to clients in lieu of the contractor making profit elsewhere.
Because we treat it as availability time (worker has to be available for 24 hours), we charge an additional flat rate fee, above and beyond any other contracted charges, for each day that the worker needs to be available to you in an on-call rotation. If that's one day a month, you only pay that fee once per month. The rate is designed to properly compensate the employee for the disruption to their daily life to accommodate your request.
Alternatives to this involve time boxing strategies, where you'll identify a smaller window of hours that you need the worker to be available and accessible to you. The fee would then be a percentage of the total fee.
In most cases, we will expect that you use your full time salaried employees for any sort of on-call availability, and consider us available during normal business hours, unless otherwise stated in the contract.
CUSTOM CODE REQUESTS
MEGA Solutions' representatives have a variety of industry, business and technical expertise with multiple solution types created (some of which you can read about on our Projects page). Years of experience have taught us to seek solutions without resorting to code, where and when possible, and rely on tried and tested solutions instead.
Occasionally, there is a need to use custom code, either in whole or in part, for a solution (even business process solutions). Our policy regarding custom code is as follows:
Custom code that we determine is either necessary to meet the objective or best maximizes the value proposition, is included with the solution with no additional charges or expenses expected.
Custom code that is requested by the client or partner will incur extra fees if MEGA Solutions has determined that custom code is not necessary and/or viable alternatives are rejected.
Any code provided as part of a solution, irrespective of the above, will follow MEGA Solutions' internal procedures for code writing. Clients and partners are free to independently refactor code to suit their internal preferences, but we will not support any code that has been written differently than what was provided.
Finally, under "Definition of Done", any payment due will be based on the delivery of working code. Per the above, if clients or partners wish to refactor code to their standards, they may do so on their own time, but payment will be due per the contract terms of delivery of working code.
HOURLY BILLING RIDER
MEGA Solutions has worked to simplify our billing approach to make it much more accessible to more businesses. However, we do recognize that certain businesses still prefer a billable hours model, and we proudly offer it as a choice.
We want to make sure our clients fully understand how an hourly billing model affects the working relationship compared to Agility or Waterfall Billing.
Travel. Hourly billing will always require T&E if travel is requested or required; otherwise, an advance fee payment will be required prior to each travel instance. (see "Service Fees" above). This is of course avoidable with remote work.
Agility and Waterfall billing rarely have separate T&E, because it is calculated as part of the contract. However, a client can request a summary of expenses after they have occurred. MEGA Solutions will not change or adjust travel policies at the request of any client unless the change results in a better experience for our employees. Clients concerned about individual travel and expense amounts will be directed to the hourly billing model, which may be more expensive.
Regional Rate. Hourly rates are determined by the work location. This means that the lowest rate possible is with remote work. Hourly rates for onsite work are calculated based on median home prices in the area, not the median salary (because the worker is not your full time employee).
Agility and Waterfall pricing is determined solely based on the nature of the work requested. In some regions, the hourly rate will be significantly more expensive, because median home prices are significantly higher than the average.
Time Tracking. Workers will be required to maintain timesheets for MEGA Solutions as a courtesy to you. You will have access to these timesheets at any time. If you ask the worker to submit a timesheet to your system, an additional fee will apply.
Agility and Waterfall billing do not have additional fees regardless, it is calculated as part of the contract. Workers are not required to submit timesheets internally, but the client can request entries to their system. Project times are logged as part of the project tool, not a formal "timesheet".
The 2020 pandemic has caused everyone to rethink how we do business, to try and mitigate the impacts. As noted, our concern is to our employees, and we want them to feel safe and secure. This section speaks to how we interact with partners and clients during this and any other pandemic.
We fully expect, and our contracts reflect such, to be able to work remotely for any task not involving hardware. Onsite presence during or after the pandemic will require a re-negotiation of the contract to adjust rates accordingly.
We expect our clients and partners to have a solid budget understanding, including forecasting, that allows them to properly notify us in the event they are not able to continue the contract due to upcoming budget constraints. This means the client's upper leadership needs to be aware of the reason for the contract, and respectful of the advance notification reasoning and requirements.
We recognize that some of our clients and partners may be considered 'essential' businesses. However, MEGA Solutions is not included in that consideration, and as noted above in Worker Oversight, this means that MEGA Solutions employees are not required to be at a work site during a pandemic without proper accommodation to support social distancing needs. The easiest way to accommodate this is via remote access.
Part of our service offering is to help if you don't have a strategy for safely and securely providing remote access to resources. Our Role-Based Access Control (RBAC) service is complimentary to this need.