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Point And Pay Internet Payment Services - Page 3 of 5 <br /> E-PAYMENTS SERVICE AGREEMENT CONTRACT <br /> 3 . IRC may neither disclose nor provide to non-IRC employee (s ) or any third parties access to any <br /> P& P display screens and/or software and/or security features and/or system set-up and/or <br /> trade secrets for any purposes . IRC may not permit any person , party, entity, company, vendors <br /> or potential vendor(s ) to copy and/or to incorporate any part of the P&P ' s E-Payment System , <br /> including but not limited to the Central Office and/or Internet and/or IVR and/or Kiosk modules <br /> and/or any trade secrets . <br /> 4 . On -line screens accessible to the general Internet public are copyrighted intellectual property of <br /> P&P and may not be copied in whole or part by anyone . <br /> D . LIABILITY/MISCELLANEOUS <br /> 1 . P&P is not liable for charge backs or other subsequent refusals initiated by the customer . All <br /> such charge backs and/or refusal for settlement by the customer will be refunded to the <br /> customer and the accounts must be marked "unpaid " by the IRC. IRC shall in turn either pay <br /> P& P the full amount of the payment or P& P will deduct the refunded amount from future <br /> deposits . <br /> 2 . P&P is not liable for any errors or omissions in data provided by IRC and/or on-line users . IRC <br /> is responsible for the accuracy of data provided to P&P for use in the E- Payment Service . <br /> 3 . P&P is not liable for any unforeseen technical difficulties caused by weather conditions , service <br /> interruptions outside of the control of P&P , or acts or omissions of third parties , which may <br /> effect equipment used in the credit/debit card payment services provided by P& P . <br /> 4 . P& P is not liable for Bank errors or omissions . <br /> 5 . P&P is not liable for the negligence and/or intentional acts of IRC agents or employees . <br /> Likewise , IRC is not liable for the negligence and/or intentional acts of P&P agents or <br /> employees . P&P and IRC are not partners or joint venturers , and P &P is an independent <br /> contractor providing services to IRC. <br /> 6 . All P&P modules are Y2K compliant . <br /> 7 . P&P may not resell , barter, trade , or otherwise disclose any names and addresses or other <br /> information contained in IRC database files to anyone without the prior written consent of IRC, <br /> unless otherwise ordered by a State or Federal Court in the United States . <br /> E . GOVERNING LAW <br /> 1 . This agreement shall be governed by and construed in accordance with the laws of the State of <br /> Florida . P& P consents to venue in the Circuit Court in and for Indian River County, Florida . <br /> All materials in this proposal are proprietary to Point and Pay, Inc. , and may not be reproduced in whole or in part, nor incorporated in whole or <br />in part into any <br /> system without prior written consent from Point and Pay, Inc. © 2004, Point And Pay, Inc. All rights reserved. <br /> Revised E-Pay Service Agreement 03 . 07. 05 <br />