This Secure Online Service Agreement ("SOSA") applies to all the eProcurement services, domains, websites and any and all technologies supplied by Secure Internet Commerce Network, Inc., a Nevada Corporation located at 2918 Fifth Avenue, suite 210, San Diego, CA 92103 (Owner or SicommNet), its affiliates and alliance partner companies, accepted and used by any and all registered Users ("User") of this system.

If you are registering for a particular eProcurement Service, User must read the SOSA before clicking "I Agree".

TABLE OF CONTENTS

1. Acceptance of SOSA
2. Future changes to Site, SOSA, and other Terms and Conditions
3. Scope and Nature of System Service(s)
4. Receiving bid opportunities, solicitations, purchase orders and all communications
5. Registration information and User privacy
6. Accessing User account to see and download bids
7. Unauthorized use of User registration
8. Use of System Services and System's License
9. System Contents
10. Security of Data Transmission
11. No guarantee of Service
12. Hyperlinks to third parties
13. Disclaimer of Warranties
14. Limitation of liability and indemnification
15. Copyrighted protection, patents, ownership, and trademarks
16. Terms, termination, and limited cancellation policy
17. Disputes between buyers and sellers
18. Notices
19. Governing Law
20. Clicking "I Agree" is User's legally enforceable electronic signature
21. Hawaii Electronic Procurement System (HePS), SicommNet, iNetPurchasing, and System Engineering Inc. (SEI)
22. Transaction Fees. Standard Vendor Terms and Conditions

1. ACCEPTANCE OF SOSA. Both the SOSA and Owner's Web Site include important disclosures and regulatory information that are associated with the System's Services. When User clicks "I Agree" below, User will be consenting to electronic delivery of that information in HTML format.
This SOSA also applies to any additional rules, guidelines or other conditions that govern the use of a particular System Services ("Rules and Guidelines") at the time the User registers for or use that Service. The SOSA also incorporates by reference the Rules and Guidelines of any Services for which the User has registered.
If User does not agree with the terms and conditions in the SOSA, please select "I Do Not Agree" below and User will exit the registration process. If User clicks "I Agree" below, the System will create an electronic record of User agreement and User will be able to continue with the registration process. Please carefully review the following provisions.

2. FUTURE CHANGES TO SITES, SOSA AND OTHER SYSTEM TERMS AND CONDITIONS. Owner may revise the SOSA and other terms and conditions at anytime, and shall notify user of such revisions. However, it is the User's responsibility to visit the "SOSA", "Privacy Policy", "Disclaimer", and "Terms of use" link at Owner's home page periodically to review the most current terms and conditions. Except otherwise specified in any individual mutual written agreement, User agrees to such future revisions.

3. SCOPE AND NATURE OF SYSTEM SERVICE(S). By providing System Services, Owner does not control the bidding or is involved in any actual transactions; it acts solely as a communications medium between the buyer and seller and therefore, is not deemed as broker or auctioneer. System services are web-based. The information will be provided to User via User's primary registered e-mail address.
Owner reserves the right at Owner's sole discretion to modify or temporarily discontinue, change, or suspend any aspect of any System Services or any part thereof, with or without notice. Owner further reserves the right to remove, amend, edit or block any material posted which may violate any state, federal or local law or violate any aspect of this SOSA, or which Owner, at Owner's sole discretion, deems unlawful, derogatory, abusive, threatening, discriminatory, obscene with respect to race or gender, or otherwise disagreeable. User agrees that Owner is not liable to User or to any third party for any damages, losses, expenses, other injuries incurred as a result on any material, content and information posted on the Site. Owner holds no liability to User or to any third party for reviewing, verifying, or modifying, the material, content and information on Owner's Site, including but not limited to suspension or discontinuance of a System Service.

4. RECEIVING BID OPPORTUNITIES, SOLICITATIONS AND ALL COMMUNICATIONS. Owner is entitled to rely on the e-mail address and U.S. mail address that User last provided as part of the User's registration or company profile management. It is User's responsibility to ensure that User's e-mail account is active, current and accessible. User agrees to the electronic delivery of all bids and opportunities, information, communications, and System's notices. User agrees to waive all claims resulting from failure to receive communications because of changes in User's e-mail or U.S. mail address. From time to time Owner will send User information about Owner products and services to User's registered e-mail. If at any time User wants to be removed from Owner e-mail list, User may do so by following the unsubscribe instructions in the e-mail.
Owner will make its best commercially reasonable attempt to notify User via User's registered e-mail of bids, opportunities, and purchase orders submitted to Owner by the purchasing organizations ("Agencies") User is registered for through User's account profile that match the NIGP commodity codes associated with each bid. The commodity codes is issued and controlled by National Institute of Government Purchasing, Inc.
In order for User to successfully receive electronic solicitations and/or electronic purchase orders and upon notification from User, User hereby authorizes Owner to make changes or update any contact information, which User initially provided. In addition, to the extent that electronic purchase orders shall be successfully delivered to User and In the event that User's e-mail address is found invalid, User acknowledges and authorizes public agency buyers to make changes and update User's e-mail address in User's profile.
Owner, its affiliates and agents are entitled, but not obligated, to review or retain User's communications. Owner may monitor User's communications to evaluate the quality of services User receives, User's compliance with the SOSA, the security of the System Services, or for other reasons. User agrees that System's monitoring activities will not entitle User to any cause of action or other right with respect to the manner in which System monitors User's communications and enforces or fails to enforce the Rules and Guidelines of any System Services and the terms of the SOSA.

5. REGISTRATION INFORMATION AND USER'S PRIVACY. By registering on this Site, User certifies that User is eighteen (18) years of age or older. The Site and System Services are not intended for minors.
When User registers for a System Service, User's certain identifying information may be required. User agrees to provide true, accurate, current and complete information about User and to update User's registered information when there is any change. User also agree not to impersonate any person or entity, misrepresent any affiliation with another person, entity or association, use false headers or otherwise conceal User's identity from System for any purpose. Failure to do so may result in actions taken against User, by Owner or other users, for misrepresentation or fraud.
Owner online privacy and fair information principles provide Owner's policy and opt out notice and describe how Owner may use the information that User provides.
Owner will not sell or share User's information to any individual or corporation other than Owner's affiliates. Owner agrees to treat and maintain with care the information User provides, in accordance with the disclosures Owner published on the Site during the Registration process.
Owner may, at its own discretion, refuse to accept any Registration for any reason. User agrees that Owner will not be liable to User for loss or damage that may result from such refusal to register User on this Site. User will be responsible for providing and installing all hardware and software necessary to access this Site.

6. ACCESSING USER'S ACCOUNT TO VIEW AND DOWNLOAD BIDS. After the registration process is completed, System will provide User with the unique user identification ("User ID"), password and/or personal/ corporate identification number ("Corporate ID"). User will have access, by logging onto the System website using User's User ID and password, to see and download bids from the Agencies that participate with System's Services.

7. UNAUTHORIZED USE OF USER'S REGISTRATION. For User's protection and the protection of other System's customers and Web Site users, User agrees not to share User's Registration information (including passwords, usernames, and screen names) with unauthorized persons for the purpose of facilitating their access and unauthorized use of System Services.
User agrees to treat User's User ID, password and/or personal/ Corporate ID number created for this Site as strictly confidential and not to share it with other persons. It is User's sole responsibility for all messages posted, statements made, or acts or omissions that occur within this Site and any System Services through the use of User's Registration information. Owner reserves the right at its sole discretion to refuse service to anyone at any time without notice or liability.
Owner is not responsible if third parties access to System Services by using User's User ID, password or Corporate ID. User agrees to promptly notify Owner at support@sicomm.net if User believes someone else has obtained access to User's User ID, password or Corporate ID.

8. USE OF SYSTEM SERVICES AND SYSTEM'S LISCENSE. Owner grants User a single, non-exclusive, non-transferable and limited personal license to access and use the System Services. The System Services are protected by intellectual property laws. User are not buying this intellectual property, but merely accessing and using it by means of a license, which is conditioned, on User's continued compliance with the terms and conditions in the SOSA.
By using System Services, User agrees to grant Owner an irrevocable and non-exclusive license to use, modify, or adapt any transmitted information. Owner, in its sole discretion, may manage user's information when Owner deems that any transmitted information might be illegal or it is necessary for security purposes.
User may print or download copies of the information on this Site only for User's internal business use to experience the benefits of System Services as a registered member of the System's Services. User further agree not to sell, license, rent, distribute, systematically retrieve, reproduce, transmit, publicly display, publish, adjust, recompile or create directly or indirectly any derivative work from such materials or information unless otherwise expressly authorized in writing by Owner.
User also agrees to meet the following use limitation requirements:

9. SYSTEM CONTENTS. Owner and its agents or affiliates does not assume any responsibility for the accuracy, currency, completeness or usefulness of identification, bidding opportunities, solicitations or information in any communications. User agrees that common sense and prudent business judgment are needed before relying on information in messages or statements, since it may be incorrect or misleading. User may find other User's information to be offensive, harmful, inaccurate or deceptive. User acknowledges and accepts Owner's caution to use common sense, and practice safe trading when using the Site and that there are also risks of dealing with foreign nationals, underage persons or people acting under false pretence.

10. SECURITY OF DATA TRANSMISSION. With the exception of applications commonly known as Web Browser software, or other applications formally approved by Owner in writing, User agrees not to use any robot, spider or other similar device, software, program, application or any other device to access or log on to Owner's computer systems, Web Site or proprietary software or to automate the process of obtaining, copying, downloading, transferring or transmitting any pages of this Site and/or any market Information and/or any other content accessible to or from Owner's computer systems, Web Site or proprietary software. Some electronic communications through the System Services may not be encrypted or breaches of the encryption may occur beyond System's control. User acknowledges that there is a possible risk that data, transmitted information, including email, electronic communications and personal data, may be accessed by unauthorized third parties when communicated between User and Owner or between User and other parties.

11. NO GUARANTEE OF SERVICE. It is Owner's intent to make its best commercially reasonable efforts to try and maintain the security and operation of the Site, and availability of the service at all times. Owner will attempt to maintain its systems so that no virus, time bomb, or other type of infection infects them. Because of the nature of Internet and online communications media, this Site or the Service may not perform as intended, and Owner is not responsible for any damages or losses related to any system errors or interruptions affecting its sites or any services and the processing of any transaction related to any services. Despite Owner's efforts, those of User's Internet services provider, and the browser, User understand that the Site or System Services may become unexpectedly unavailable as a result of circumstances beyond Owner's control.

12. HYPERLINKS TO THIRD PARTIES. For the convenience of System Services, System may provide hyperlinks to other third party sites, which Owner does not own, operate or endorse. As a result, Owner has no control, and makes no representations or holds any responsibility whatsoever concerning the content or accuracy of information and/or materials of those third party sites. There are risks in using any information, software, or products found on the Internet, and Owner cautions User to use prudent judgment before retrieving, using, relying upon, accessing, or purchasing anything from the third party sites linked from System. User further agrees that User may be subject to additional terms and conditions that may apply when User uses third party Internet sites. User is responsible for reviewing and understanding any terms and conditions governing any third party Internet Site and/or products, and User's participation in such third party Site and/or any products they might contain indicates User's acceptance of any such terms and conditions.

13. DISCLAIMER OF WARRANTIES. Although Owner tries to provide accurate and timely information through its Services, there may be inadvertent technical or factual inaccuracies and typographical errors. Owner reserves the right to make changes and corrections at any time, without notice. User agree that the information User obtains through the SYSTEM SERVICES IS PROVIDED "AS IS" AND "AS AVAILABLE"
OWNER DOES NOT WARRANT THE ACCURACY, RELIABILITY, COMPLETENESS OR TIMELINESS OF THE INFORMATION, TEXT, GRAPHICS, LINKS OR OTHER ITEMS CONTAINED IN THE SYSTEM SERVICES. OWNER, SUBJECT TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTY OF MERCHANTABILITY, ACCURACY, FITNESS FOR PARTICULAR PURPOSE AND NON-INFRINGEMENT. OWNER PROVIDES NO GUARANTEE AGAINST THE POSSIBILITY OF DELETION, MIS-DELIVERY OR FAILURE TO STORE COMMUNICATIONS, PERSONALIZED SETTINGS, OR OTHER DATA. OWNER EXPRESSLY DISCLAIMS ALL LIABILITY FOR ERRORS OR OMISSIONS IN, OR THE MISUSE OR MISINTERPRETATION OF, ANY INFORMATION CONTAINED IN THE SYSTEM SERVICES.
OWNER MAY CHANGE INFORMATION CONTAINED ON THE SYSTEM SERVICES AT ANY TIME AND MAKES NO COMMITMENT TO UPDATE THE INFORMATION CONTAINED ON THE SYSTEM SERVICES. USER ASSUMES THE ENTIRE RISK AS TO THE USE OF THE SYSTEM SERVICES. NO ADVICE, INSTRUCTIONS OR INFORMATION RECEIVED BY A USER, WHETHER ORALLY OR IN WRITING, FROM OWNER SHALL CREATE ANY IMPLIED WARRANTY.
OWNER DOES NOT AND CANNOT CONTROL THE FLOW OF DATA TO OR FROM ITS SITE AND OTHER PORTIONS OF THE INTERNET. AT TIMES, USER'S CONNECTION TO THE INTERNET MAY BE IMPAIRED OR DISRUPTED. ALTHOUGH OWNER WILL USE ITS BEST COMMERCIALLY REASONABLE EFFORTS TO AVOID SUCH AN EVENT, OWNER CANNOT GUARANTEE THAT IT WILL NOT OCCUR AND DISCLAIMS ANY AND ALL LIABILITY RESULTING FROM OR RELATED TO SUCH AN EVENT.

14. LIMITATION OF LIABILITY AND INDEMNIFICATION. USER ACKNOWLEDGES THE EXISTENCE OF OWNER AFFILIATES, AGENTS, ALLIANCES, AND PARTNERS. USER AGREES TO INDEMNIFY AND HOLD OWNER AND ITS AFFILIATES, AGENTS, EMPLOYEES, DIRECTORS, AND LICENSORS (INCLUDING THE THIRD PARTY PROVIDERS) HARMLESS FROM AND AGAINST ANY CLAIM, DEMAND, ACTUAL LOSS, LIABILITIES, COSTS OR EXPENSE, INCLUDING ATTORNEYS FEES, MADE BY ANY PERSON ARISING OUT OF OR CAUSED, IN WHOLE OR IN PART, BY USER'S VIOLATION OF THIS AGREEMENT, STATE OR FEDERAL SECURITIES LAWS OR REGULATIONS, OR ANY OTHER PERSON'S RIGHTS, INCLUDING BUT NOT LIMITED TO USER'S USE OF SYSTEM WEBSITE, USER'S INFRINGEMENT OF ANY COPYRIGHT OR VIOLATION OF ANY PROPRIETARY OR PRIVACY RIGHT, OR THE DOCUMENTS INCORPORATED BY REFERENCE, OR USER'S VIOLATION OF ANY LAW OR THE RIGHTS OF A THIRD PARTY OR ENTITY.
UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO A NEGLIGENT ACT, WILL OWNER ITS AFFILIATES OR AGENTS BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING BUT NOT LIMITED TO LOST PROFITS OR LOST OPPORTUNITIES), BUSINESS INTERRUPTION, DELAY, LOSS OF PROGRAMS OR DATA THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, ANY SYSTEM SERVICES, OR ANY USE OR RELIANCE UPON INFORMATION FOUND AT SYSTEM WEBSITE, EVEN IF AN OWNER AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
USER AGREES TO OWNER THAT OWNER AND ITS AFFILIATES OR AGENT'S LIABILITY IS LIMITED TO THE GREATER OF THE AMOUNT OF FEES USER PAY OWNER IN SIX (6) MONTH PERIOD.
If User is a California resident, User agrees to waive California Civil Code ß1542, which states, "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor." Applicable law may not allow the limitation or exclusion of liability or the disclaimer of punitive damages or certain warranties or incidental or consequential damages, so the above limitation or exclusion or disclaimer (s) may not apply to User.

15. COPYRIGHT PROTECTED, OWNERSHIP AND TRADEMARKS. Images displayed through the System Services are either the property of, or used with permission by Owner. Owner collectively or individually, retains ownership of all intellectual property rights in this Site, including without limitation any System Service and information, materials, text, graphics, images, logos, Site design, and the selection, assembly, and arrangement of the Site ("Content").
The System Services and all materials from the System Services are owned by Owner and are protected by United States and International copyright laws, international treaty provisions, regulation and restrictions. All Contents, templates, trademarks, services marks, trade names, logos, and icons are proprietary to Owner and shall not be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark displayed on the System Services without the written permission of Owner or such third party that may own the trademarks displayed on the System Services.
User acknowledges and agrees that all information available on this Site or provided to User in connection with the use of System website, and any System Service, is protected by applicable intellectual property and proprietary rights laws and it is User's responsibility to comply with all laws in using such information. User's use of the trademarks displayed on the System Services, or any other content on the System Services, except as provided herein, is strictly prohibited.
User may download material displayed on the System Services for the purposes of conducting User's business in a manner compatible with the SOSA. If User does so, User agrees to retain all copyright and other proprietary notices contained on the materials and not to download or transmit material displayed on the System Services for the purposes of reverse-engineering or other similar activities. User further agree not to use, distribute, modify, transmit, or post the content of the System Services for public or commercial purposes, including any text, images, audio, or video without Owner's written permission.
Any unauthorized use of the images or contents may violate copyright laws, trademark laws, the laws of privacy and publicity, or other regulations and statutes. Pursuant to Section 512(c)(2) of the Copyright Revision Act, as enacted through the Digital Millennium Copyright Act, Owner has designated an agent to receive notifications of claimed infringement, as described within Our Copyright Policy.

16. TERMS, TERMINATION, AND LIMITED CANCELLATION POLICY. The license granted under the SOSA will terminate if Owner believes that any information provided by User, including User's e-mail address, is no longer current or accurate, or if User fails to otherwise comply with any term or condition of the SOSA and all Rules and Guidelines for each System Service. Upon such violation, User agrees to terminate access to the System Services. User further agree that Owner at any time, in its sole discretion and with or without notice, may terminate User's access to any or all System Services, and remove and discard any information or content within a System Service. User may discontinue User's use of the Site and any System Service at any time and notify Owner in writing with an authorized signature via mail or facsimile of User's terminated account as a registered user.

17. DISPUTES BETWEEN BUYERS AND SELLERS. In the event of a dispute between users of the Services in connection with a transaction, all users agree to settle without Owner's involvement. Owner may provide recommendations, but will be hold no liability arising from disputed transactions. User agrees that Owner disclaims all liabilities with respect to conflicts between users.

18. NOTICES. Any notice between User and Owner will be given by postal mail, if to SicommNet, Inc., at 2918 Fifth Avenue, Suite 210, San Diego, CA 92108 or by e-mail to support@sicomm.net or via fax to (619) 296-8697, if to User, at User's last registered e-mail or U.S. mail. Notice that is sent via e-mail is deemed given 24 hours after such e-mail is sent unless the e-mail address is invalid or unavailable.

19. GOVERNING LAW. The SOSA, and all future agreements User shall enter into with Owner, unless otherwise indicated on such other agreements, shall be governed by the law of the state of California, without regard to conflicts of law principles thereof. This is the case regardless of whether User resides or transacts business with Owner in California or elsewhere. Unless a dispute is governed by an applicable arbitration clause, User agrees to give Owner or the applicable party in relation to this Agreement notice of the dispute within three (3) months of becoming aware of the circumstances giving rise to the dispute or, if earlier, three (3) months from the time User should reasonably have become aware of such circumstances before User submits the dispute to the personal and exclusive jurisdiction of the courts located within the county of San Diego, California. If any part of the SOSA is unlawful, void or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions. Each party will bear its own attorneys' fees.

20. Click "I Agree" is User's legally enforceable Electronic Signature. User acknowledges that the provisions set forth in the SOSA are fair and reasonable and User's agreement to follow and be bound by them is not the result of fraud, duress or undue influence exercised upon User by any person or entity.
Notwithstanding any provisions of the SOSA, User agrees there are no third party beneficiaries of this SOSA and, thus, that the SOSA is not intended to and does not confer any rights on any persons other than User and Owner. Pursuant to the Electronic Signature Law and Uniform Electronic Transactions Act, by clicking "I Agree", User acknowledge that User has read and understood all provisions, and agrees to enter into SOSA with the legal binding set forth therein and the equivalent of a signed, written contract.
User agrees to be bound by any affordances, assent or agreement User transmits through the System's Services User access by computer, including but not limited to, any consent User gives to receive communications from the System solely through electronic transmission. User agrees that, when in the future User clicks on an "I Agree," "I consent" or other similarly worded "button" or entry field with User's mouse, keystroke or other computer device, User's agreement or consent will be legally binding and enforceable, and is the legal equivalent of User's handwritten signature.

21. SOSA, Hawaii Electronic Procurement System (HePS), SicommNet, iNetPurchasing, and System Engineering Inc (SEI). User agrees that terms and conditions in this SOSA shall apply to User when User registered, as a vendor, to use the System's Services and/or any electronic procurement tools provided from HePS, jointly administered by SicommNet, iNetPurchasing, and SEI (together "HePS Contractor"), unless otherwise specified by the HePS Contractor.

22. TRANSACTION FEES.
For the purpose and to the fullest extent of the enforcement of this SOSA and any existing contracts with the Agencies, Owner shall be hereunder referred to as SicommNet.

(a) State of Hawaii Electronic Procurement System (HePS). Effective 1/10/05, Subject to Section 16 under this SOSA, a transaction fee of 0.85% shall apply to the total dollar amount of all procurements made through the HePS. Transaction Fees apply to all purchases, whether through the state of Hawaii's pCard or purchase order, and regardless of the quantity or dollar amount of the purchase. The transaction fee shall not be stated or included as a separate item in the proposed contract or invoice. Transaction Fee terms and requirements shall appear on all electronic Solicitations and Award Notifications issued through the HePS.
The Hawaii Electronic Procurement System (HePS) is administered by Systems Engineering, Inc (Prime Contractor), SicommNet, Inc, and iNet Purchasing (together, "HePS Contractor"). The HePS Contractor shall invoice the Vendor directly for payment of transaction fees. Payment must be made to Owner (SicommNet) within 30 days from receipt of invoice. In order to ensure equality in bidding, the Transaction Fee shall be paid by all vendors who receive an award bid through HePS, whether they submit their response electronically or manually by paper means. The HePS contractor is an intended third-party beneficiary of transaction fees, which are used to fund the operation, maintenance, and future enhancements of the HePS system. There are no other costs for vendors associated with use of the system.

Vendors shall receive a refund for any transaction fee paid by the Vendor for the purchase of an item(s), if such item(s) are returned to the vendor through no fault, act, or omission of the vendor. Notwithstanding the foregoing, a transaction fee is non-refundable when an item is rejected or returned, or declined, due to the Vendor's failure to perform or comply with specifications or requirements of the applicable purchase order or contract.
INSTRUCTIONS TO VENDORS AWARDED "INDEFINITE QUANTITY CONTRACTS": For the purposes of this contract, the Vendor warrants that Vendor is authorized and empowered to and hereby grants the State and the HePS Contractor the right and license to use, reproduce, transmit, distribute and publicly display the contract award information. In addition, for the purposes of this contract, the Vendor warrants that the Vendor is authorized and empowered to and hereby grants the State and the HePS Contractor the right and license to reproduce and display Vendor's trademarks, service marks, logos, trade dress or other branding designation that identifies the goods available under the contract. The HePS Contractor shall create and maintain, with Vendor's timely assistance, web-based placement of contract information, where appropriate, that includes the contract items distributed by the Vendor within the appropriate contract categories. The State shall provide any price adjustment/product modification information that it has approved during the course of the contract, to the HePS Contractor immediately upon such change.
If the Vendor is not the manufacturer, then it shall be the awarded Vvendor's responsibility to obtain authorization from the manufacturer to comply with the provisions of this contract, including any appropriate intellectual property rights of the manufacturer. If the Vendor is the manufacturer, then the manufacturer shall only authorize dealers, outlets, distributors, value added resellers, etc. (together, "Authorized Resellers") within their network that can comply with the provisions of this contract.

THE AWARDED VENDOR IS AND SHALL REMAIN RESPONSIBLE FOR PAYING THE TRANSACTION FEE ON BEHALF OF ITSELF AND AUTHORIZED RESELLERS.

FAILURE TO COMPLY WITH THE ABOVE REQUIREMENTS SHALL CONSTITUTE GROUNDS FOR:

   • declaring the Vendor in default
   • recovering re-procurement costs from the Vendor in addition to all outstanding transaction fees.

FURTHERMORE, VENDOR SHALL BE SUBJECT TO ANY OR ALL OF THE FOLLOWING:

   1) CANCELLATION OF CONTRACT OR AWARD;
  2) COUNTY, STATE, OR FEDERAL AUDITS AND MONITOR OR INSPECTION; EXCLUSION FROM BIDDING ON FUTURE CONTRACTS OR BID OPPORTUNITIES (SUSPENSION AND DEBARMENT), AND SUSPENSION OF VENDOR'S ONLINE ACCOUNT.

  (b) Jackson County, Missouri. Effective 1/20/04, Subject to Section 16 under this SOSA, a transaction fee of one percent (1.0%) shall apply to all purchase orders and term and supply contracts issued by Jackson County from an electronic solicitation. The transaction fee will appear on the electronic award notification, and will also appear on all purchase orders issued by Jackson County that are based on an electronic solicitation.
Vendors shall receive a refund for any transaction fee paid by the Vendor for the purchase of an item(s), if such item(s) are returned to the vendor through no fault, act, or omission of the vendor. Notwithstanding the foregoing, a transaction fee is non-refundable when an item is rejected or returned, or declined, due to the Vendor's failure to perform or comply with specifications or requirements of the applicable purchase order or contract.
Jackson County will provide Owner (SicommNet) with a monthly report of all purchase orders issued, based on electronic solicitations. Owner (SicommNet) will then invoice vendors for the amount due. Payment must be made to Owner (SicommNet) within 30 days from receipt of invoice.

FAILURE TO COMPLY WITH THE ABOVE REQUIREMENTS SHALL CONSTITUTE GROUNDS FOR:

  • declaring the Vendor in default
  • recovering reprocurement costs from the Vendor in addition to all outstanding transaction fees.

FURTHERMORE, VENDOR SHALL BE SUBJECT TO ANY OR ALL OF THE FOLLOWING:

   1) CANCELLATION OF CONTRACT OR AWARD;
  2) COUNTY, STATE, OR FEDERAL AUDITS AND MONITOR OR INSPECTION; EXCLUSION FROM BIDDING ON FUTURE CONTRACTS OR BID OPPORTUNITIES, AND SUSPENSION OF VENDOR'S ONLINE ACCOUNT.