This agreement dated the
day of
in
is made between Inverhuron Business Information Services Inc
of 16 Wyandotte Court, Kitchener, Ontario N2A 3H8, hereinafter referred to as IBIS, and
of
hereinafter referred to as "the company", and is to be interpeted in accordance with the laws of the province of Ontario, Canada.
Whereas IBIS provides those online services for Do Not Call List (DNCL) management and interrogation known as "Call Tracker" hereinafter referred to as "the software" and the company wishes to use the software, IBIS will grant to the company right and access to use the software on one or more servers accessable over the internet (hereinafter referred to as "the service") in return for regular payments based on the schedule of fees published by IBIS and subject to the following provisions:
the company is responsible for maintaining its own data for the service in a current, up to date manner,
which data will at all times remain the sole property of the company.
IBIS will do its best to maintain continuity of the service and
to maintain confidentiality of data stored on behalf of the company,
and to protect such data from loss by means of regular backups.
provision of the service is dependent upon factors outside
of the direct control of IBIS, including but not limited to the company internet
connection, services provided by third parties, and the infrastructure of the internet.
IBIS will not be held responsible for any service outage irrespective of cause,
and the company will make adequate provision to cope on an emergency basis should any such outage occur.
the company will not by intent or neglect allow access to the service by any third party, including but not limited to affiliates, parent organisations or other service providers and to this end the company will maintain secrecy of any user names or passwords issued for access to the service and will not permit their use by any third party.
IBIS shall not be responsible for any loss or damage which may accrue to the company through use of the software or the service, howsoever caused.
the company may terminate this agreement by giving 10 business days notice in writing to IBIS.
all fees charged by IBIS for the service are to be paid by the company on time and in full.
IBIS may suspend the service if a payment has not been received by IBIS before 9PM EST on the day it is due.
IBIS may require a fee to reinstate suspended service amounting to no more than the greater of $50 or the amount payable for one month of service at the time of the suspension.
any request made to IBIS by the company for training, support,
assistance with an investigation, special reporting or other activity
not included in the service
may be billed by IBIS as a fee extra to the amount due for the service.
any breach of the obligations of the company under this agreement may result in termination of this agreement at the sole discretion of IBIS provided that the company receives a refund of prepayment for unused months of service and
has opportunity to retrieve its data.
Choose one of the following three options
The company does not wish to access National DNCL data and will use the service only for client, contact and internal DNCL data.
The company assumes responsibility for uploading current and complete data from the the National DNCL to the service in a timely manner.
The company requests that IBIS take responsibility for downloading current National DNCL data on behalf of the company and to that end grants IBIS authority to make use of all of the company's DNCL registration, subscription and download key data as follows:
Registration Access Number
Subscription Access Number
Download Key
Signed ___________________________________ on behalf of the company, date
day of
in
Name (print) I am authorised to bind the corporation
An officer of IBIS will sign below and return a copy to you.
Signed ___________________________________ on behalf of IBIS, date __________________________
Name (print) I am authorised to bind the corporation
Fax the completed form to 519-894-4836 or scan and email to sales@ibisolutions.net