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Prices / Service Contract
 
 

Exhibit A: PRICES

 

As an extension to the Terms and Conditions Agreement, paragraph 7, this Exhibit A, Prices applies to the Agreement between Customer and Provider for Service. Paragraph 7 (a) and (b) states:

  1. (a) Customer will be charged for the use of Provider Services in accordance with the Prices listed in Exhibit A. The Prices may be modified by Provider at any time pursuant to section (b) of this Paragraph 7. Payment shall be due within 30 days following receipt of Provider's invoice. Upon Customers account becoming 30 days past due, Provider may impose a seven (7) day disconnect notice demanding payment. If payment is not made after the seven (7) day disconnect period, service will be disconnected and a reconnection charge of $200.00 USD will be charged. In addition one months service must be paid in advance in order to secure Customers future obligations. Monthly fees are not refundable except as specifically provided in this Agreement.

(b) The present rates for the Services are stated in the Prices (Exhibit A). These rates are subject to change by Provider at any time and such change shall become effective 30 days following the delivery of a notice pursuant to Paragraph 13 ("Notices"). If any change in rates is not acceptable, Customer may terminate service under this Agreement as provided in Paragraph 12 ("Termination"). However, Customer's continued use of the Service following the effective date of any change in rates shall be considered acceptance of such change.

In support of this Paragraph 7 (a) and (b), the following are the fees associated with Customer's Service.

 

Set-up Fees:

A one-time set-up fee of $______________ USD will be charged to Customer. Set-up fees are not refundable at any time unless stated otherwise in writing by Provider.

This one-time set-up fee applies to the initial set-up and configuration of ____________ mailing list(s).

 

Message Usage/Cost:

A maximum of _______________ mailing list(s) will be provided to Customer. Each mailing list is considered separate from the others, and can be managed and administered separately. Each mailing list has its own subscriber list, information packets, configuration settings, archives, etc. Customer is not required to define or set-up all their lists at the same time or at the initial start-up.

The sum total of all subscribers in all mailing lists shall not exceed __________________ subscribers. A subscriber is any E-mail address (whether digest or non-digest) which is contained in a subscriber list at any given time. The count of subscribers for each individual list shall be made using the maximum number of subscribers in that list during each 24 hour period.

No more than ____________________ sum total input messages (i.e., prior to re-sending to all subscriber in a list), for all lists, shall be sent to Customer's mailing lists in one 24 hour period.

The sum total size of all input messages sent in one 24 hour period, for all lists, shall not exceed _______________________ bytes of data.

Customer will be charged a monthly charge of $________________ USD.

 

 

Terms:

A minimum of three months of Service, starting after the 10th day of Service. This contract automatically renews each month thereafter until terminated by either party. The first invoice shall include three months of Service, and shall be payable within 30 days following receipt of Provider's invoice.

Should any maximums delineated in "Message Usage/Cost" above be exceeded on a regular basis, Customer and Provider may renegotiate the terms of this Exhibit A. Excessive or unusual violations of the maximums, and which detrimentally or monetarily impact Provider's business, may be subject to reasonable financial penalty, or immediate termination of the Agreement, at the sole discretion of Provider, and upon notification to Customer.

 

Payment:

Payment to be made by Customer's corporate check. Customer will be invoiced in advance of the monthly period for which Service will be provided. Payment shall be due within 30 days following receipt of Provider's invoice

 

Agreed to and signed by both parties on _______________________.

 

Customer:

Provider:

   

______________________________________

Fat City Network Services

 

7157 Park Village Road

______________________________________

San Diego, California 92129-4536

______________________________________

 
   

_______________________________(signed)

______________________________________

_______________________________(written)

Bruce A. Bergman, President

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