EasyLink Services International Corporation
Electronic Commerce Services Agreement
AGREEMENT made as of this
day by and between EasyLink Services International Corporation ("EasyLink"), a Georgia corporation
with offices at 6025 The Corners Parkway, Suite 100, Norcross GA 30092 and Customer. The parties
hereby agree as follows:
- Upon the terms and subject to the conditions
stated below, EasyLink agrees to provide, and Customer agrees to accept and make
payment for access to EasyLink's Internet-based EDI services for communication
of electronic business documents between Customer and its authorized trading
partner.
- Payment. All amounts payable under this Agreement are
due to EasyLink on a monthly basis and will be paid in full by Customer electronically
in United States currency through the use of a valid credit card on file with
EasyLink. EasyLink will send an email notification monthly detailing the monthly services
provided. If Customer chooses to pay by check, EasyLink will apply a $20 administrative
cost to the monthly subscription charge. Invoices must be paid in full by
Customer within thirty (30) days after receipt of invoice. In consideration
of the services rendered by EasyLink to Customer, Customer shall pay EasyLink charges
incurred in accordance with the payment schedule (Go to Section 7).
- Term and Termination. This Agreement shall become
effective as of the date hereof and shall remain in effect until terminated
by either party as hereinafter provided. Either party may terminate this Agreement
by giving not less than thirty (30) days written notice to the other party,
stating its intention to terminate this Agreement and specifying the date
upon which the termination will be effective.
- Liability. EasyLink's liability under this agreement for any
cause whatsoever, and regardless of the form of action (whether in contract,
in tort, including negligence, or otherwise), will be limited to general money
damages (and no other relief) in an amount not to exceed the aggregate fees
paid by Customer under the applicable Services to which such liability relates.
EasyLink will not be liable for delay in the performance of its obligations hereunder
due to causes beyond its reasonable control. Under no circumstances will EasyLink
be liable for any loss of profits, any claim or, demand against customer by
any other party, or special, consequential or indirect damages of any kind
whatsoever.
- Notices. All notices to a party shall be in writing,
and shall be made to EasyLink via email at eccentersupport@easylink.com,
and to Members at the email address provided to EasyLink as part of the Registration
Data for notices to Member, or such other email address as either Party may
specify from time to time. Notice shall be deemed given forty-eight (48) hours
after the email is sent, unless the sending party is notified that the email
address is invalid. Alternatively, notices may be sent by regular mail, postage
prepaid to EasyLink’s address provided below and to the Member’s address provided
as part of the Registration Data. Use of either method by a Party shall constitute
notice thereof.
- General. This Agreement, together with any addenda hereto
accepted by EasyLink (i) constitute the entire agreement between the parties and
supersedes and replaces all prior agreements and representations with respect
to the subject matter hereof, (ii) shall not confer any rights or remedies
upon any person or entity not a party hereto, and (iii) shall be governed
by and construed in accordance with the laws of the Commonwealth of Georgia.
- Pricing. An annual subscription fee of $50.00 will be
applied on the first day of each year. A Monthly Transaction Fee will be applied
for documents processed between Customer and Trading Partner. In addition
to the Monthly Transaction Fee, a Monthly Hosting and Maintenance Fee of $20.00
will also be applied. The following monthly transaction volume will be used
to determine monthly billing:
- $50.00 (provides 0-25 transactions)
- $125.00 (provides 26-75 transactions
per month)
- $175.00 (provides 76-150 transactions
per month)
- $225.00 (provides 151-300 transactions
per month)
- $275.00 (provides 301-500 transactions
per month)
Transactions over
500 will be billed at $0.50 per transaction
The following monthly transaction volume schedule applies if you elect to receive
Product Activity data information:
- $20.00 (provides
1-2 UPC codes)
- $40.00 (provides
3-5 UPC codes)
- $80.00 (provides
6-25 UPC codes)
- $160.00 (provides
26-50 UPC codes)
- $320.00 (provides
51-100 UPC codes)
Transactions over 101 UPC
codes will be billed at $320 plus $1.00 per UPC code
The initial month's transaction
charge will be prorated based on the registration date and will include test
and production transaction volume.
The following monthly transaction
volume schedule applies if you elect to trade Request and Routing Instructions:
$0.50 per new Request for Routing Instructions
$0.50 per original Routing Instructions
Updates and cancellations are not charged.
By clicking on "Click here to Agree" the customer
agrees to the terms set forth in this Agreement.
Click Here to
Agree
If you should
have any questions regarding this agreement, please contact EasyLink's
Enrollment Team at 1-800-342-4401