HomeMy WebLinkAboutACCU Data Solutions,Inc.
Augusta Richmond GA
DOCUMENT NAME: f.\~\:)0::t::.6 .00\u\\C0~i \nc.
DOCUMENT TYPE: c....t:(l\'( OC.,.,~
YEAR: ~2(
BOX NUMBER: C)l.\
FILE NUMBER: \ ()G-\ d
NUMBER OF PAGES: 6
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Accu(>ata Solutions, Inc.
Print and, Services Contract
The Agreement, made and entered into this 6th day of April, 1998 by and between AccuData
Solutions, Incorporated (hereinafter referred to as "ADS") and Augusta, Georgia (hereinafter
referred to as "Customer").
The parties named above agree ADS shall provide print services and/or mail house services for the
Customer under the following terms and conditions:
1. Term: This Agreement shall become effective when signed by ADS and shall remain in effect
for an initial period of one (1) year. This Agreement shall be automatically renewed for
additional one (1) year period(s) unless either party provides the other notice of intent not to
renew at least ninety (90) days prior to the expiration of the initial, or any renewal, term of this
Agreement. In addition, this Agreement may be earlier terminated as provided in
paragraph 14 below.
2. Services: ADS shall provide printing, rendering, inserting, mailing services as agreed to by
Customer. The services (collectively referred to as the "Services"), as selected by Customer,
will be performed to customer specifications and within a reasonable time period, as agreed to
with Customer.
3. Supplies and Materials: ADS shall agree to make available or arrange for the procurement
and storage on-site of optional supplies and materials as requested by Customer.
4. Charges: To the charges stated herein, there shall be added any Federal, State or local taxes
duly imposed on the use of the services.
5. Other Charges: Estimated postage costs will be billed prior to rendering mail services.
6. Billing: Services will be invoiced on the first of the month following the month in which the
services were performed, and payment for services is due thirty (30) days from invoice date.
7. Testing: Customer shall provide ADS with test materials prior to initial services being
performed. The test will provide assurance that all print specifications and postal regulations
are being met. The test performed is at no additional cost to Customer.
8. Duties of Customer: Customer shall have the following duties, obligations, and responsibilities:
(a) Maintain duplicate tapes or data files until after job completion to insure data
transmissions can be read for initiating proper and accurate work-files.
(b) Customer agrees to notify ADS promptly of all print file changes, prior to file
transmission. Non-notification may delay processing and prompt mailing, of which
ADS will not be responsible for any loss or damage incurred.
9. ADS and the Customer shall each make available to the other the names and phone numbers of
operational contacts who should be notified in the event of any processing difficulties
experienced by either party.
10. Service Fees are provided in Schedule A.
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I I. Default: The following shall constitute events of default by Customer:
(a) The failure of Customer to pay ADS any fees and other amounts due thereunder or
pursuant to an invoice or statement rendered by ADS;
(b) The material breach by Customer of any other provision of the Agreement, including,
but not limited to, the insolvency of Customer, the filing of a petition in bankruptcy
by or against Customer, the appointment of a receiver for Customer, or the
assignment by Customer for the benefit of creditors.
12. Remedies on Default: ADS shall have the following remedies on default of Customer:
(a) If Customer does not pay fees required herein and ADS' invoices when due, ADS shall
give written notice to Customer. Should Customer fail to cure such defaults within 30
days after notice of such defaults, ADS may terminate this Agreement.
(b) In the event of any other material breach by Customer, ADS may immediately
terminate this Agreement and seek all available legal and equitable remedies.
13. Strikes, fires, shortages of labor or materials, severe weather, natural disasters, or ADS'
processing systems, or other causes beyond the control of ADS which shall affect ADS' ability
to perform hereunder shall constitute valid ground for suspension of ADS' performance
standards until such time as the event causing the delay has ceased to affect ADS' ability to
perform.
14. This agreement may be terminated by either party upon written notice to the other, with ADS
agreeing to provide not less than ninety (90) days notice of termination or alteration in the
terms of this agreement which may become necessary. This agreement shall remain in full
force and effect after the effective date of cancellation with respect to items previously received
and processed hereunder. In the event that neither ADS nor the Customer gives notice, the
period is then automatically renewed for one (I) year. Adjustment in Service Fees may be
amended with ninety (90) days prior notice to renewal of contract.
15. This agreement, together with all exhibits referenced herein, constitutes the entire agreement
between the ADS and the Customer and supersedes all other proposals, oral or written,
between the parties on this subject. This agreement may be modified only in writing and with
the mutual consent of the parties hereto. This agreement shall be construed and regulated
under and by the laws of the State of Georgia.
16. ADS agrees to safeguard Customer's confidential or proprietary information to the same
extent that ADS safeguards confidential and proprietary information in its own business. ADS
agrees to take all reasonable steps to prevent the disclosure, publication, or dissemination of
Customer's confidential or proprietary information to any other person, entity, or
governmental agency, except where and to the extent specifically required by law.
17. Reasonable Efforts: In all cases, the parties agree to use all reasonable effort to carry out the
letter and spirit of this Agreement and to use good faith and commercial reasonableness in their
dealings with one another.
18. All claims, disputes and other matters in 9uestion between the Customer and ADS arising out of
or relating to the Agreement, or the breach thereof, shall be decided in the Superior Court of
Richmond County, Georgia. ADS, by executing this Agreement, specifically consents to venue in
Richmond County and waives any right to contest the venue in the Superior Court of Richmond
County, Georgia.
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IN WITNESS WHEREOF, AccuData Solutions, Inc. and the Customer have caused this Agreement
to be executed on the day and year first above written.
Dated: April 6. 1998
AccuData Solutions, Inc. (ADS)
By~1L ~
Print Name: ~lf:>~IJ"" p/~' c-nt7
Title: -;?n ~ I d<? .........--r
Customer, Authorized Representative
By:
Title: MAY~ ~
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