Beijing Paradise BBS Backup/PARADISE.ISO/software/BBSDOORW/BBSLAW03.ZIP/130B.BLD

Text File | 1993-03-21 | 8.6 KB | 271 lines

#130
@001 Enter the name of the BBS:
@002 Enter the name of the CUSTOMER:
@300 Enter the starting date for service:
@301 Enter the concluding date for service:
#131/#132/#133  Payment to BBS will be:
a flat fee
on a percentage of sales
flat fee plus percentage of sales
#if#131
!003 Enter the base service fee in numerals:
@004 Enter maximum number of daily accesses for the fee:
#endif
#if#132
@302 Enter the percentage to be paid:
@303 Enter the maximum number of daily accesses for the fee:
!105 Enter the minimum fee per month in numerals:
#endif
#if#133
!310 Enter the minimum fee per month in numerals:
@311 Enter percentage of sales to be paid:
@312 Enter maximum number of daily accesses:
#endif
#134
@304/@304 Enter regular operating schedule of BBS:
24 hours daily, with periodic back up
KEY IN VALUE
@305/@305/@305 Enter back up schedule:
weekly
daily
KEY IN VALUE
@306/@306/@306 Backup will be provided to customer:
weekly
monthly
KEY IN VALUE
@307 Enter start up software changes:
!308 Enter hourly fee for other work:
#end control section
#130
/* Para. 130: 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.


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


#131
/* Para. 131: 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.


#132
/* Para. 132: Per centage fee */

CUSTOMER shall pay to SYSTEM a fee of @302 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 to BBS which shall be due on the
fifth day of each month, in arrears. In the event that CUSTOMER
logs an average of more than @303 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 (!105 dollars) 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.

#133
/* Para. 133-- part fixed, part percentage */

CUSTOMER shall pay to SYSTEM a minimum monthly fee of $ @310
(!310 dollars). The minimum fee shall be due in advance. As
additional compensation, CUSTOMER shall pay @311 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 @312 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.


#134
/* Para 134- schedule */

BBS may, at its sole option, temporarily disable access to the
CUSTOMER's area for both the public and the CUSTOMER if is
delinquent in any financial obligations to the BBS.


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. CUSTOMER shall upon request of the BBS,
and at its expense return the disks or tapes provided to the BBS.


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. Copyright to all items created by the BBS shall be held
by the BBS.


The BBS may cease providing service to CUSTOMER on 2 days notice,
if in its good faith business judgment, the activities of the
CUSTOMER are deleteriously affecting the business reputation of
the BBS.


The BBS may review file or message traffic, including items which
are flagged as "private" if in its reasonable exercise of
business judgment the same is necessary to verify accountings,
to protect the integrity of the system or to conduct quality
control testing. CUSTOMER shall inform its employees and agents
of this policy in writing.


This agreement may not be transferred or assigned by either
party.


The parties herein may exchange confidential business
information, including but not limited to computer security
information, customer lists or other useful knowledge which is
either a trade secret or confidential information. The parties
herein shall take reasonable and usual precautions to prevent the
disclosure of the same to third parties. The obligation of
non-disclosure shall not apply to information which is properly
disclosed to the public by either party voluntarily, to
information which is or becomes in the public domain, or to
information known by the parties prior to the execution of this
agreement.


This is the entire agreement between the parties, and the same
may only be changed or altered by a writing executed by the
parties herein.



Dated: _________________________






__________________________________________________

@001







___________________________________________________

@002