HomeMy WebLinkAbout2004-269 t
"GINAL
TELEVEND SERVICES , INC .
INTERACTIVE VOICE & FAX SOLUTIONS
10 Lonetown Road , Box 1171 • Redding , CT 06875- 1171
1 -877- FAX-VEND 0 Fax: 1 -888-329-8726
AGREEMENT TO PROVIDE TSI PUBLIC FAX SERVICE
This agreement made this . .2nd . . . day ofNnvenhar . . . . . . 20 , oAm , . by and between
Televend Services , Inc. , herin called "The Company" and (location)
Site Name . . Indian „ River. . QPUnt.Y. . NP -rtb . QLi t.Y. . T� �, 2 .Oxy. . . . . . . . . . . . . . . . . . . . . . . . .
. . . .
1001 Sebastian Blvd . Sebastian
Address . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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State . 088 " Zip Code . . . " , " " . . . . " . . " , , Contact. . . " . . . . . . Contact. . Lynn Walsh
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Telephone 772 ) 589 - 13-3555 .. Extol 772 .). . 388 - 3697
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Email . , , , , lwalsh@indian - river ; lib ; fA
herein called the " Customer" .
The " Customer desires to have the " Company" provide a FAX24TM Public Fax
Kiosk in or on the property of its premises .
The " Company” is in the business of manufacturing , maintaining and servicing the
FAX24TM Kiosk .
The " Company" and " Customer agree as follows :
1 . The " Customer hereby grants to the " Company" , and its assignees or
agents , the exclusive right to operate the FAX24Tm Kiosk in or on the
property of the " Customers" place of business located at the above address .
2 . In consideration of the " Customer" granting this agreement, the " Company"
and or its agents or assignees shall pay to the " Customer" a commission from
fax revenues generated by the " Company' s" FAX24TM Kiosk installed in or
on the " Customers" property.
Payments are calculated using the following commission schedule :
Gross Monthly Fax Revenue % Commission
$ 0 to 50 0%
$ 51 to 100 25 %
$ 101 and up 35 %
The " Company" , its agents or assignees agree to furnish the " Customer" with
monthly statements detailing fax activity and gross income along with any
commissions due on the following quarterly schedule :
Quarterly Fax Activity Commission Payment Date
January, February , March May 15th
April , May, June August 15th
July , August, September November 15th
October, November, December February 15th
The commission payment schedule shall not be changed without the mutual
agreement of both the " Customer" and the " Company" .
3 . The term of this agreement shall be for a six(6) month trial commencing as of
the date of installation and shall automatically be extended for . . �!. a . . ' years
on the same terms and conditions contained herein unless either party shall
terminate this agreement by giving the other party written notice of such
termination at least (30) days prior to the expiration date . At the end of the
term of this agreement, unless stated otherwise , this agreement will renew
automatically under the same terms and conditions contained herein .
4 . The " Customer" agrees that during the term of this agreement, the
" Customer" will not grant the right or license to any other entity to operate or
install any competing public fax service on or in the premises or property for
such operation . The " Customer" will supply the phone line (either shared or
dedicated) , phone jack and an electrical outlet to render the fax operational .
The " Customer" agrees to promptly notify the " Company" of any known
malfunctions , vandalism or loss of service . The " Customer" will not take any
a
JMar r"Ib
action which prevents or adversely affects the use of the " Company" public
fax service .
5 . The " Company" and its agents or assignees agree that as of this date it will
order and be responsible for the payment of the FAX24TU public fax kiosk
designated to the above address . The " Company" agrees to pay all long
distance calls that originated from the FAX24Tm and carried over the
" Company" toll -free network . Each FAX24TM provided by the " Company" is
equipped with a "Toll Restrictor/Dialer that prevents any unauthorized , direct-
dial toll calls to be made from the fax machine . There are three speed dial
functions a patron can access to operate the fax machine . Each speed dial
function activated will dial directly over the " Company" toll -free network into
our interactive voice & fax processor that will guide the user through his or
her entire fax transaction . The " Company" will replace any faulty equipment
at no charge to the " Customer . Such downtime or replacement will not
constitute a breach or cause this agreement to be cancelled by either party.
All equipment provided by the " Company" is the sole property of the
" Company" , its agents or assignees .
6 . This agreement constitutes the entire agreement between the two parties and
its binding to the benefit to the parties herein is assignable and shall survive
any sale , assignment or other transfer of ownership . The " Customer"
acknowledges that he has thoroughly read and understands this agreement
and all its terms , and has received copy. No additions or modifications or
verbal promises shall be binding to either party unless in writing and signed
by both parties . The " Customer represents and warrants that the business
premises or property named in this agreement is owned , leased and
controlled by it and is authorized to enter into this agreement.
Accepted . . ) ' CountyAdministrator November 2 2004
CUSTOM JosephA. Baird TITLE DATE
�fps, aT 0 y
Accepted , ". . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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TELEVEN SERVICES , I TITLE D T
Indian River Co . uIlroved Date
Administration
Legal
Budget AIM
Department
Risk Managment
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