Night Owl 9/Night Owl CD-ROM (NOPV9) (Night Owl Publisher) (1993).ISO/006a/bbslaw10.zip/150B.BLD

Text File | 1993-03-21 | 6KB | 177 lines

#150
#end control section
/* Vendor area form. */
#150
/* Para. 150: Header */

              TELECOMMUNICATIONS SERVICE AGREEMENT


@001, referred to as BBS and @002, referred to as CUSTOMER,
agree:


BBS system shall provide an area for customer service and support
for CUSTOMER. In this area, CUSTOMER shall be entitled to offer
products for sale and conduct other transactions for CUSTOMERS.


#151
/* Para. 151: Term */


Unless terminated as provided herein, this agreement shall begin
on @300 and conclude on @301.


#152
/* Para. 152: Fixed fee */

CUSTOMER shall pay to SYSTEM a monthly fee of $ @003, which shall
be due in advance. In the event that CUSTOMER logs an average of
more than @004 accesses per day for 10 or more days per month,
the service fee shall be re-negotiated prior to the commencement
of the next calendar month in recognition of the increased costs
to the BBS.


BBS shall be entitled to discontinue service without prior notice
in the event that payment is not made when due, or if tendered
payment is dishonored.


#153
/* Para. 153: Per centage fee */

CUSTOMER shall pay to SYSTEM a fee of @004 per cent of the total
sales made either on the system or made by a customer as a direct
result of contact on the system. CUSTOMER shall provide a full
and complete accounting of sales $ @003, which shall be due on
the fifth day of each month, in arrears. In the event that
CUSTOMER logs an average of more than @004 accesses per day for
10 or more days per month, the service fee shall be re-negotiated
prior to the commencement of the next calendar month in
recognition of the increased costs to the BBS.


In the event that compensation due to the BBS is less than $
@105 in any month, BBS shall have the option to discontinue the
agreement; however, CUSTOMER may continue this agreement upon
payment of the minimum compensation.


BBS shall be entitled to discontinue service without prior notice
in the event that payment is not made when due, or if tendered
payment is dishonored. The BBS shall be entitled to audit the
books and records of CUSTOMER to ascertain the correctness of
audits. In the event that any audit is incorrect in the sum of $
250.00 or more, the cost of the audit shall be paid by the
CUSTOMER.

#154
/* Para. 154-- part fixed, part percentage */

CUSTOMER shall pay to SYSTEM a minimum monthly fee of $ @003. The
minimum fee shall be due in advance. As additional compensation,
CUSTOMER shall pay @303 per cent of gross sales to BBS, said
compensation to be due on the fifth of each month, in arrears. In
the event that CUSTOMER logs an average of more than @004
accesses per day for 10 or more days per month, the service fee
shall be re-negotiated prior to the commencement of the next
calendar month in recognition of the increased costs to the BBS.


BBS shall be entitled to discontinue service without prior notice
in the event that payment is not made when due, or if tendered
payment is dishonored.


#155
/* Para 155- schedule */


The BBS system operates on the following schedule:


@304


The BBS shall be entitled upon 1 week's notice to additional
"down time" for systems enhancements, not to exceed a total of 7
days per year.


The BBS shall be responsible to offer its services at least 95%
of the scheduled time stated above. In the event that down time
in excess of this standard occurs, a proportional credit of the
per hour fee for hours lost in excess of this standard shall be
given by the BBS on the next month's service. THIS IS THE SOLE
REMEDY PROVIDED UNDER THIS AGREEMENT AND BBS SHALL NOT BE
LIABLE FOR CONSEQUENTIAL DAMAGES, LOST PROFITS OR DAMAGES OTHER
THAN THE AMOUNT PROVIDED FOR. This is an agreement for liquidated
damages due to the difficulty of ascertainment of the damages.


BBS shall "back up" the system on the following schedule:


@305


BBS shall provide a tape or other form of back up media at least
every @306 to CUSTOMER.


THE BBS SHALL NOT BE LIABLE OF RESPONSIBLE FOR DAMAGES FOR
NON-DELIVERY OF MESSAGES. THE SOLE REMEDY IS PROVIDED ABOVE.


Prior to the commencement of service, the BBS shall provide at no
extra charge the following software and systems engineering for
CUSTOMER:


@307


BBS may from time to time make, at its discretion, make upgrades
to the system. CUSTOMER agrees to use such upgraded software
after installation.


CUSTOMER may request changes in software and systems integration
and BBS shall not be required to do the same; however, if such
software and systems integration changes are made, CUSTOMER
agrees to pay a fee of $ @308 per hour for such services.


CUSTOMER agrees that its activities shall be in strict accordance
with applicable laws and regulations and shall indemnify BBS from
all claims related to its activities herein.


CUSTOMER agrees that it shall not imply or state that the offers
made on the BBS system are approved or made by the BBS system.
BBS shall not act as "arbitrator" or "judge" of claims made by
those dealing with CUSTOMER on the system.


The BBS system shall have the right to review screens and other
displays used by CUSTOMER, and, may in reasonable discretion
reject screens or displays if the same are not up to the
standards of the BBS.


The BBS shall have the sole right to "lock out" users for
violation of BBS systems policies. CUSTOMER agrees that in the
event that a user is "locked out" from the system that the BBS's
decision shall be final, and that the BBS shall not conduct
business with such person on the BBS.


Copyright to all items created by the CUSTOMER shall be held by
CUSTOMER