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Confidentiality: Client acknowledges all material and
information which has or will come into the possession or knowledge
of Client in connection with this CONTRACT FOR SERVICES or the
performance hereof, consists of confidential and proprietary
data, whose disclosure or use by third parties would be damaging.
Therefore, Client agrees to hold such material and information
in the strictest confidence, not to make use thereof other than
the performance of this contract, and not to release same, or
disclose to any other party. Clients divulging their password
and any other material and/or information for use by any other
individual, company, or entity will be subject to a fee of twenty-four
dollars and ninety five cents ($24.95) for each occurrence and
will be disconnected from the service. The Password provided
is for one computer only. T.B.S.P. Inc. Property Rights: As to any program, data, or other materials made available to the Client by T.B.S.P. Inc., T.B.S.P. Inc. retains the property rights thereto and during the terms of the agreement T.B.S.P. Inc. grants the Client only a license thereto. Upon the termination of the agreement, said license shall terminate. Notices: All notices under this CONTRACT FOR SERVICES shall be in writing and shall be deemed to have been duly given if actually received by the other party or if deposited in the United States mail, postage prepaid and addressed as set forth on this agreement. Term: This agreement shall be in effect on the execution thereof and continue for the terms specified. Except for "Month to Month" service, if 30 days prior to the initial Contract Term or the Automatic Renewal Term, as hereinafter defined, the Client does not notify T.B.S.P. Inc. of their intention to terminate this agreement, then this agreement shall be automatically renewed for a term equal to the Initial Term of this agreement (Automatic Renewal Term) at charges to the then prevailing rates charged by T.B.S.P. Inc. for its Trader’s Access Service. Client may elect to discontinue Trader’s Access Service at any time with written notice (See Notices) and will be terminated at the conclusion of his Term. Method of Payment: Credit cards will be charged for the appropriate service amount at the beginning of each month. At that time, Client will be charged for any quotes exceeding the amount allocated according to the terms of their agreement. If the credit card is disapproved by the issuing institution, client will be disconnected from the service immediately pursuant to payment received by T.B.S.P. Inc. A reconnecting fee will be charged to the Client. In the case of credit card disapproval, Client is still responsible for any previous or current charges. Check payments, company or personal, are to be in the term of one year, payable in advance. The prepaid amount will be applied to the "Basic Service" monthly rate only. If Client exceeds the allocated quote amount in any one month, the amount per quote will be debited from the balance in their prepaid account. Client will be notified of the deduction and must make up the difference within 30 days to remain in good standing with the service. Discontinuing Service: Client may elect to discontinue the Trader’s access service at any time and will be disconnected from the service at the conclusion of his term (For example: month to month clients shall be disconnected at the end of the current month. Yearly clients shall be disconnected at the end of 12 months.). Any part of one month Client is signed on for shall constitute an entire month for the purposes of accounting and Client shall be billed accordingly. Client must contact T.B.S.P. Inc. in writing prior to the beginning of a billing period (billing periods are month to month or year to year, beginning on the first day of the month). Refunds: Once your credit card has been changed (if you paid by credit card) there are no refunds - partial or otherwise. Warranties and Limitation of Liability: (a) In the event of any interruption in service, or failure of equipment or personnel to perform the services as herein contracted, T.B.S.P. Inc. warrants that it will make a good faith effort to provide or restore such services to Client. Any failure of such good faith effort shall not be regarded as a breach of this Agreement. (b) With respect to any data processing services rendered to Client, T.B.S.P. Inc. warrants that error(s) in such services which are due solely to errors on the part of T.B.S.P. Inc. will be credited to the Client’s account, provided Client notifies T.B.S.P. Inc. of such error(s) in writing. If reprocessing is requested by Client, such reprocessing shall be charged to Client at the prices applicable to the service at the time of reprocessing. (c) Client acknowledges that any data processing services to information to be rendered by T.B.S.P. Inc. are merely aids, for which Client must oversee the results. Accordingly, T.B.S.P. Inc. shall have no liabilities to Client for actions taken by Client in reliance on results produced for information furnished by T.B.S.P. Inc. other than that prescribed in subparagraph (b) hereof. (d) T.B.S.P. Inc. makes no warranty or representation, expressed or implied, as to the accuracy or freedom from error of its data processing services or data to be rendered by the Client. e) THE OBLIGATIONS OF T.B.S.P. INC. AND THE RIGHTS AND REMEDIES OF CLIENT SET FORTH IN ALL THE FOREGOING SUBPARAGRAPHS ARE EXCLUSIVE AND IN SUBSTIUTION FOR ALL OTHER WARRANTIES, OBLIGATIONS AND LIABLITIES OF T.B.S.P. INC., AND RIGHTS, CLAIMS, AND REMEDIES OF CLIENT AGAINST T.B.S.P. INC., EXPRESSED OR IMPLIED, ARISING BY LAW OR OTHERWISE, WITH RESPECT TO ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS, ANY IMPLIED WARRANTY ARISING FROM COURSE OF PERFORMANCE, COURSE OR DEALING OR USAGE OF TRADE, OR FOR ANY OTHER PERFORMANCE, COURSE OR DEALING OR USAGE OF TRADE, OR FOR ANY OTHER DIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES. |
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