Legal
Client terms
The main points of the terms between NexQloud AI Drawback, LLC ('we', 'us') and the importers and exporters that use NexQloud Drawback. We sign these with each client before any work begins.
Section 1
Structure
These terms cover your account and the processing of your records.
Your engagement letter is with the licensed broker who files your claim.
Section 2
Who files
A licensed customs broker, ours or yours, reviews every line and files.
It is the broker named on your engagement letter: a NexQloud partner broker or your own.
Your power of attorney stays directly with your broker. The platform never collects or relays it. The broker sends its own.
Section 3
What the service includes
- Reading, matching and drafting claim lines with evidence.
- The IEEPA sequencing check.
- The line-level CSV.
- In Sealed mode, a signed receipt.
We do not file CAPE.
Section 4
Processing mode
You choose Sealed or Standard before your first upload, and you can always pick the other mode.
Sign-up may start with a mode selected, or ask one question about your records.
One claim, one mode. A change of mode applies to later uploads and the claims built from them.
Each claim's fee follows its own mode, and uploads already made keep theirs.
Section 5
Your responsibilities
- Accurate and complete records.
- The right to share them.
- Notices of intent, waivers and rulings, as your broker advises.
- Keeping the records CBP requires.
- Your own ACE ACH refund enrollment.
Section 6
The fee
- The fee follows the published schedule for each mode.
- It is charged on principal only. Any interest CBP pays is yours.
- CBP pays into your own account. Your broker invoices you after CBP pays. The invoice is due net 30.
- Minimum $750 per filed claim, never more than 25% of what that claim recovers.[4]
- If you use your own broker, it sets and bills its own fee.
- Clients of advisory partners and unlicensed recovery partners get 10% off the published percentage fee, when a NexQloud partner broker files. Never off the $750 minimum.
- Other plans: an ongoing program, a fixed annual option and an in-house plan.
Section 7
Never
- No retainer.
- No prefunding.
- No advance.
- No purchase or assignment of the refund.
- No Form 4811 designation to us.
Section 8
Third-party costs
Third-party costs are quoted before you agree to them. You pay the surety directly.
Anything above $500 needs your written approval.
Section 9
Reductions
If CBP reduces or recovers a payment at liquidation, the fee is reduced to match. Nothing comes back, nothing is owed.
Section 10
Data and authorizations
- Each mode's terms in the data processing agreement are part of these terms.
- You give written authorization for your broker to share records with us (19 CFR 111.24).[5]
- We handle export data as your agent (15 CFR 30.60).[6]
Section 11
Timing
Claim package within 24 hours.*
With accelerated payment, CBP can pay before the claim is final.[7]
We make no promise of CBP's decision or payment date.
*24 hours from a complete package: entry summaries (CBP 7501), commercial invoices, packing lists, transport documents and export records for the period, plus the bill of materials and production records for manufacturing claims. We tell you the moment your package is complete, and the clock starts then. CBP rulings, waivers and approvals are separate from this clock.
Section 12
Termination
Either side may terminate, with the notice set in the agreement we sign with you.
Claims already filed run to completion, and their fees remain due when CBP pays.
Section 13
Warranties, liability, indemnities, disputes and governing law
Warranties and liability are set in the agreement we sign with you.
So are indemnities, disputes and governing law.