This Secure Online Service Agreement ("SOSA") applies to all the eProcurement services (the "Services"), domains, websites and any and all technologies provided by Secure Internet Commerce Network, Inc., a Nevada Corporation located at P.O. Box 33562, San Diego, CA 92163, its affiliates and alliance partner companies (collectively referred to as "Owner" or "SicommNet"), accepted and used by any and all registered Users ("User") of Owner's Services.

THIS SOSA CONTAINS IMPORTANT LEGAL OBLIGATIONS. PURSUANT TO THE ELECTRONIC SIGNATURE LAW AND UNIFORM ELECTRONIC TRANSACTIONS ACT ("UETA"). CLICKING "I AGREE" IS USER'S ELECTRONIC SIGNATURE CONSTUTING THE EQUIVALENT OF A SIGNED, WRITTEN CONTRACT AND WILL LEGALLY BIND USER TO THE TERMS OF THIS SOSA. IF USER IS UTILIZING SICOMMNET'S SERVICES, USER SHOULD READ THIS SOSA CAREFULLY BEFORE CLICKING "I AGREE".

 
Acceptance of SOSA
Future Changes to Website, SOSA, and other Terms and Conditions
Scope and Nature of System Service(s)
Receiving bid opportunities, solicitations, purchase orders and all communications
Registration information and User privacy
Accessing User account to see and download bids
Unauthorized use of User registration
Use of System Services and System's License
System Contents
Security of Data Transmission
No guarantee of Service
Hyperlinks to third parties
Disclaimer of Warranties
Limitation of liability and indemnification
Copyrighted protection, patents, ownership, and trademarks
Terms, termination, and limited cancellation policy
Disputes between buyers and sellers
Notices
Governing Law
Severability
Acceptance of SOSA
Non-Circumvention
Fees For Use of the Services
1.

ACCEPTANCE OF SOSA. Both this SOSA and Owner's website at www.sicomm.net (the "Website") include important disclosures and regulatory information that are associated with the Services provided by Owner. User is not authorized to use Owner's Services unless User agrees to abide by the terms of this SOSA and agrees to and accepts Owner's Privacy Policy. This SOSA may be amended from time to time by Owner, with or without notice to User. User agrees and acknowledges that it shall review the terms of this SOSA from time to time and that it shall be bound by the then-current version of this SOSA at the time it uses the Owner's Services. The current version of the SOSA can be located at the top of this document. Any substantive amendments to this SOSA will be incorporated into an updated version of this agreement.

If User does not agree with the terms and conditions in this SOSA, or Owner's Privacy Policy 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's agreement and User will be able to continue with the registration process or otherwise utilizing Owner's Services. If User rejects any term of this SOSA as it may be amended from time to time, User must discontinue further use of the System and send and email to support@sicomm.net indicating User's desire to terminate its use of the System. The use of System shall constitute User's agreement to be bound by the then-current version of this SOSA.

2.

FUTURE CHANGES TO THE WEBSITE, SOSA AND OTHER SYSTEM TERMS AND CONDITIONS. Owner may revise this SOSA, its Privacy Policy, and/or Code of Conduct at anytime, and may (but shall not be obligated) to notify Users of such revisions. By agreeing to the terms of this SOSA, User agrees to read and review this SOSA, as well as Owner's Privacy Policy, Disclaimer and Code of Conduct and regularly review the terms of these agreement in order to stay current on any changes to these documents.

3.

SCOPE AND NATURE OF THE SERVICE(S). In providing the Services, User acknowledges that Owner does not control the bidding process and Owner is not involved in any actual transactions (i.e. Owner has no role in selecting among competing bids). Owner's Services are designed solely to facilitate the communication of bids made by vendors, supplier, or other entities offering products or services ("Selling Organization") and Federal, State, Local or private buyer organizations that are seeking competitive bids for products or services from Selling Organizations (the "Purchasing Organization") and may not be deemed as broker or auctioneer. Owner's Services are web-based and information will be provided to User via User's primary registered e-mail address unless special arrangements are made via written agreement. Owner reserves the right, at Owner's sole discretion, to modify or temporarily discontinue, change, or suspend any aspect of any of Owner's Services, with or without notice. Owner further reserves the right to remove, amend, edit or block any material posted on its Website 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 is in violation of copyright laws.

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 User's company profile. 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 notices sent by Owner related to the Services. User agrees to waive all claims resulting from failure to receive communications because of changes in User's e-mail. From time to time, Owner may send User information about Owner's other products and services or the products and services of those affiliated with Owner to User's registered e-mail address. If at any time User wants to be removed from Owner's e-mail list, User may do so by following the unsubscribe instructions in the e-mail.

SicommNet will make commercially reasonable efforts to notify Selling Organizations at their registered e-mail address of bids, opportunities, and purchase orders submitted to Owner by Purchasing Organizations using commodity codes conforming with National Institute of Government Purchasing ("NIGP") standards. The NIGP codes and standards can be located at www.nigp.com, and/or are made available to User within the Services. It is Selling Organizations' responsibility to confirm that they have provided SicommNet with the proper NIGP codes to ensure they will be notified of potential bid opportunities.

User hereby authorizes Owner to make necessary changes or to update any User contact information so that User can continue to receive Owner's Services. Owner shall be under no obligation to update User's contact information unless advised in writing by User to do so. 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 Owner and/or the Purchasing Organizations 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 and/or retain User's communications made related to any of Owner's Services. Owner may monitor User's communications to evaluate the quality of services User receives, User's compliance with the SOSA, the security of the Website or the Services, or for any other reason Owner deems appropriate. User agrees that Owner's monitoring activities will not entitle User to any cause of action or other right with respect to the manner in which Owner monitors User's communications or enforces the terms of the SOSA.

5.

REGISTRATION INFORMATION AND USER'S PRIVACY. By registering on this Website, User certifies that User is eighteen (18) years of age or older. The Website and Owner's Services are not intended for minors.

When User registers for Owner's Services, certain identifying information for User 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 agrees 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 Owner or any other User of the Services for any purpose. Failure to do so may result in actions taken against User, by Owner or other users, for misrepresentation and/or fraud.

Owner agrees to treat and maintain with care the information User provides, in accordance with the Owner's Privacy Policy. Owner may, at its own discretion, refuse to accept any User 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 Website. User will be solely responsible for providing and installing all hardware and software necessary to access this Website.

6.

ACCESSING USER'S ACCOUNT TO VIEW AND DOWNLOAD BIDS. After the registration process is completed, User will be provided with a unique user identification ("User ID"), password and/or personal/ corporate identification number ("Corporate ID"). User may access the Website and/or the Services, by using User's User ID/Corporate ID and password, to see and download bids from the Purchasing Organizations that participate with Owner's Services.

7.

UNAUTHORIZED USE OF USER'S REGISTRATION. For User's protection and the protection of the Website, Owner's Services and other Users, User agrees not to share User's registration information (including User ID/Corporate ID and passwords) with unauthorized persons for the purpose of facilitating their access and unauthorized use of the Services.

User agrees to treat User's User ID/Corporate ID and password created to access the Website and Services 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 Website and any of Owner's Services through the use of User's registration information.

Owner is not responsible if third parties access the Website or Owner's 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/Corporate ID and/or password.

8.

USE OF OWNER'S SERVICES AND GRANT OF LIMITED LICENSE. Owner grants User a single, non-exclusive, terminable, non-transferable and limited personal license to access and use Owner's Services and the Website. Owner's Services and Website are protected by intellectual property laws. User is not buying any intellectual property other than a limited license, 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 Owner's Services, User grants 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 Website subject to the following conditions: (a) the content may be used solely for informational purposes; (b) the content may not be modified or altered in any way; and (c) User and its agents may not republish, distribute, prepare derivative works from, or otherwise use the content other than as explicitly permitted herein.

User also agrees to meet the following use limitation requirements:

  • a) User will not use any electronic communication feature of Owner's Services or Website for any purpose that is unlawful, tortious, abusive, intrusive on another's privacy, harassing, libelous, defamatory, embarrassing, obscene, threatening or hateful.
  • b) User will not upload, post, reproduce or distribute any information, software or other material protected by copyright or any other intellectual property right (as well as rights of publicity and privacy) without first obtaining the permission of the Owner of such rights.
  • c) User agrees to use Owner's Services exclusively and solely for User's business. Access to and use of Owner's Services is authorized by Owner to User for viewing a single copy of the material on the Website solely for User's use or use by authorized additional users. Materials from the Website are intended for the exclusive use by User at the location(s) specified in User's subscription. Any authorized additional users are also subject to this SOSA. User agrees to take full responsibility for any additional users for agreeing to and following this Agreement.
  • d) User agrees not to attempt to modify, resale, decompile, reverse engineer or otherwise attempt to gain access to any technology or source code underlying the Website or Owner's Services.
  • e) User will not upload, post, email or otherwise transmit any advertising or promotional materials, including without limitation, "junk mail," "surveys," "spam," "chain letters," "pyramid schemes," or any other form of solicitation or unauthorized communication via the Website or in utilizing Owner's Services.
  • f) User will not upload, post, email or otherwise transmit any material that contains any virus, malicious computer code, time bombs or any other computer code, file or program which might interrupt, limit or interfere with the functionality of any Owner's or any other User's computer software or hardware or telecommunications equipment.
9.

SYSTEM CONTENTS. Owner and its agents or affiliates do not assume any responsibility for the accuracy, currency, completeness or usefulness of identification, bidding opportunities, solicitations or information in any communications. Owner has no control over and does not guarantee the accuracy of the items posted and the truth or accuracy of bidding information that is input by Purchasing Organizations.

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 onto Owner's Website or System to automate the process of obtaining, copying, downloading, transferring or transmitting any pages on the Website and/or any information and/or any other content accessible to or from Owner's computer systems, Website or proprietary software. Some electronic communications through Owner's Website or Services may not be encrypted or breaches of the encryption may occur beyond Owner'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 all commercially reasonable efforts to try and maintain the security and operation of the Website and Owner's Services at all times. Owner will attempt to maintain its Website and Owner's Services so that no virus, time bomb, or other type of malicious code affects them. Because of the nature of the Internet and online communications media, this Website or Owner's Services 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 Website or Owner's Services may become unexpectedly unavailable as a result of circumstances beyond Owner's control.

12.

HYPERLINKS TO THIRD PARTIES. The Website may contain links to other sites which are not maintained, operated or endorsed by Owner. 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. While Owner tries to include only links to sites that are relevant and safe for Users, Owner is not responsible for the content of those sites and cannot guarantee that sites will not change without our knowledge. The inclusion of such links and frames in the Owner's Website does not imply Owner's endorsement of the linked sites or their content.

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 Website. User further acknowledges and agrees that User may be bound by additional terms and conditions when User uses any third party sites that are linked from the Website. User is responsible for reviewing and understanding any terms and conditions governing any third party sites 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 to the bids or other postings on its Website or via Owner's Services.

USER AGREES THAT THE INFORMATION USER OBTAINS THROUGH THE WEBSITE OR OWNER'S SERVICES IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. OWNER DOES NOT WARRANT THE ACCURACY, RELIABILITY, COMPLETENESS OR TIMELINESS OF THE INFORMATION, TEXT, GRAPHICS, LINKS OR OTHER ITEMS CONTAINED ON THE WEBSITE OR USING OWNER'S SERVICES.

SUBJECT TO THE FULLEST EXTENT PERMITTED BY LAW, OWNER DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE 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 ON THE WEBSITE OR AS PART OF OWNER'S SERVICES.

OWNER MAY CHANGE INFORMATION CONTAINED ON THE WEBSITE OR AS PART OF OWNER'S SERVICES AT ANY TIME AND MAKES NO COMMITMENT TO UPDATE THE INFORMATION CONTAINED ON THE WEBSITE OR AS PART OF OWNER'S SERVICES. USER ASSUMES THE ENTIRE RISK AS TO THE USE OF THE WEBSITE OR OWNER'S 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 AGREES TO INDEMNIFY AND HOLD OWNER AND ITS AFFILIATES, AGENTS, EMPLOYEES, DIRECTORS/OFFICERS, 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 LAWS OR REGULATIONS, OR ANY OTHER PERSON'S RIGHTS, INCLUDING BUT NOT LIMITED TO USER'S USE OF THE WEBSITE, USER'S INFRINGEMENT OF ANY COPYRIGHT OR VIOLATION OF ANY PROPRIETARY OR PRIVACY RIGHT, OR USER'S VIOLATION OF ANY LAW OR THE RIGHTS OF A THIRD PARTY OR ENTITY.

USER (WHETHER A SELLING OR PURCHASING ORGANIZATION) AGREES TO INDEMNIFY AND HOLD OWNER AND ITS AFFILATES, AGENTS, EMPLOYEES, DIRECTORS/OFFICERS AND LICENSORS (INCLUDING THE THIRD PARTY PROVIDERS) HARMLESS AND SHALL INDEMNIFY OWNER TO THE FULLEST EXTENT PERMISSIBLE FROM AND AGAINST ANY CLAIM, DEMAND, ACTUAL LOSS, LIABILITY, COST OR EXPENSE (INCLUDING ATTORNEY'S FEES), MADE BY ANY PERSON OR ENTITY ARISING FROM USER'S CONDUCT – INCLUDING, BUT NOT LIMITED TO USER'S PROVIDING INACCURATE INFORMATION RELATED TO THE BIDDING PROCESS OR AS PART OF ANY SERVICE PROVIDED BY OWNER.

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 PORTION OF OWNER'S SERVICES, OR ANY USE OR RELIANCE UPON INFORMATION FOUND AT THE 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.

15.

COPYRIGHT PROTECTED, OWNERSHIP AND TRADEMARKS. Images displayed on Owner's Website or through Owner's Services are either the property of, used with permission, and/or controlled by Owner. Owner collectively or individually, retains ownership of all intellectual property rights in its Website, including without limitation, any of its Services and information, materials, text, graphics, images, logos, Website design, and the selection, assembly, and arrangement of the Website ("Content").

The Services and all materials from the Services are owned by Owner and are protected by United States and International copyright laws, international treaty provisions, regulation and restrictions. All Content, templates, trademarks, services marks, trade names, logos, and icons are proprietary to Owner and/or third parties that have expressly allowed Owner to utilize their intellectual property rights and shall not be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark displayed on the Services to User without the written permission of Owner or such third party of the intellectual property right that may own the trademarks or other protected intellectual property displayed on Website as part of the Services.

User acknowledges and agrees that all information available on this Website or provided to User in connection with the use of the Website or any of Owner's Services 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 Website or through any of Owner's Services is strictly prohibited.

User may download material displayed on the Website or as part of Owner's 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 Website or as part of Owner's Services for the purposes of reverse-engineering or other similar activities. User further agrees not to use, distribute, modify, transmit, or post the content of the Website for public or commercial purposes, including any text, images, audio, or video without Owner's written permission.

16.

TERMS, TERMINATION, AND LIMITED CANCELLATION POLICY. The license granted under this SOSA may be terminated at any time 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 this SOSA, Owner's Privacy Policy, or Code of Conduct. User acknowledges and agrees that Owner, at any time, in its sole discretion and with or without notice, may terminate User's access to any or all of the Services, and remove and discard any information or content on its Website. User may terminate this SOSA at any time by providing notice to Owner. However, if User is successfully awarded a bid after termination based upon User's prior use of the Website or Owner's Services, Owner's right to any compensation shall survive termination of this SOSA.

17.

DISPUTES BETWEEN PURCHASING ORGANIZATIONS AND SELLING ORGANIZATIONS. User, whether a Purchasing Organization or a Selling Organization acknowledges and agrees that Owner does not (and cannot) guarantee the process by which a bid may be evaluated and/or accepted by a Purchasing Organization, nor can Owner guarantee the accuracy of information provided by a Selling Organization in response to any bid or solicitation. In the event of a dispute between a Purchasing Organization and Selling Organization related to Owner's Services, Owner shall be indemnified by the Purchasing Organization and Selling Organization involved in such dispute from any and all liability, expense or reasonable attorney's fees.

18.

NOTICES. Any notice to Owner should be addressed to: SicommNet, Inc., at P.O. Box 33562, San Diego, CA 92163 or by e-mail to support@sicomm.net. Any notice to User shall be made via e-mail pursuant to the contact information provided to Owner by User on the Website. Notice may be provided by facsimile or by U.S. Mail only if User has made a request to Owner in writing to change how a User is notified under this SOSA. Notice that is sent via e-mail or by facsimile is deemed given 24 hours after such e-mail or facsimile is sent unless the e-mail or facsimile is returned as undeliverable. Notice sent by U.S. Mail shall be deemed delivered three business days after the date such mail is deposited in the mail.

19.

GOVERNING LAW. This SOSA, and all future agreements between User and Owner, unless otherwise indicated on such other agreements, shall be governed, construed, and interpreted in accordance with the laws of the State of California, without regard to conflicts of law principles thereof. Venue for purposes of any action brought in connection with or arising out of this Agreement shall exclusively be located in the State of California, County of San Diego. The jurisdictional provisions of this SOSA shall apply regardless of whether User resides or transacts business in California or elsewhere. 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.

20.

SEVERABILITY. If any part of this SOSA is deemed to be unlawful, void or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions.

21.

ACCEPTANCE OF SOSA. Clicking "I Agree" to the terms of this SOSA shall allow Owner to conclusively rely upon User's legally enforceable electronic signature pursuant to Cal. Civ. Code §1633.1 et seq., and any other applicable laws. 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.

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.

22.

NON-CIRCUMVENTION. User, whether a Selling or Purchasing Organization shall take no action that would attempt to circumvent or prevent Owner from receiving fees to which it is entitled under this SOSA. By way of example, without limiting the intent of this clause, User shall not directly or indirectly use Owner's Services to obtain information about a bid in order complete a purchase/sale transaction that attempts to prevent paying Owner a fee that it would otherwise be entitled to receive.

23.

FEES FOR USE OF THE SERVICES. The fees for the Services depend upon the Selling Organization that requests a bid, solicitation or proposal from Purchasing Organizations via Owner's Website. Owner strongly recommends that User thoroughly review and be familiar with this section prior to utilizing Owner's Services. If User is a Purchasing Organization making a bid on a particular proposal, User agrees to pay Owner in accordance with the following:

(a) State of Hawaii Electronic Procurement System (HePS). Effective 11/15/06 the successful Selling Organization shall pay an additional transaction fee of 0.85%, capped at $5000, of the total dollar amount of all procurements made through the HePS unless otherwise indicated in the State’s solicitation instructions, special provisions, and/or terms and conditions specific to the solicitation. 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 fees shall appear on all electronic Solicitations and Award Notifications issued through HePS.

The Hawaii Electronic Procurement System (HePS) is administered by SicommNet, Inc ("HePS Contractor"). The HePS Contractor shall invoice the successful Selling Organization directly for payment of all transaction fees. Payment of transaction fees shall be made to SicommNet within 30 days of 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 proposal electronically or by other means (i.e. by paper or facsimile). 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 Selling Organizations associated with use of Owner's Services as they relate to HePS.

Selling Organizations shall receive a refund for any transaction fee paid by the Selling Organization for the purchase of any item(s), if such item(s) are returned to the Selling Organization through no fault, act, or omission of the Selling Organization. Notwithstanding the foregoing, a transaction fee is non-refundable when an item is rejected or returned, or declined, due to the Selling Organization's failure to perform or comply with specifications or requirements of the applicable purchase order or contract.

*** INSTRUCTIONS TO SELLING ORGANIZATIONS AWARDED "INDEFINITE QUANTITY CONTRACTS" - For the purposes of this SOSA, the Selling Organization warrants that it is authorized and empowered to and hereby grants the State of Hawaii 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 SOSA, the Selling Organization warrants that the it is authorized and empowered to and hereby grants the State of Hawaii 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 Selling Organizations' timely assistance, web-based placement of contract information, where appropriate, that includes the contract items distributed by the Selling Organization within the appropriate contract categories. The State of Hawaii 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 Selling Organization is not the manufacturer, then it shall be the awarded Vendor'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 SELLING ORGANIZATION 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 Selling Organization in default;
  • Recovering re-procurement costs from the Selling Organization in additionto all outstanding transaction fees.

FURTHERMORE, SELLING ORGANIZATION 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 SELLING ORGANIZATION'S USER ACCOUNT.

 

(b) Jackson County, Missouri. Effective 2/01/2010, the successful Selling Organization shall pay an additional Administrative Fee of one and one-quarter percent (1.25%) of the total price for all purchase orders and term and supply contracts issued by Jackson County from an electronic solicitation. The Administrative 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.

Selling Organizations shall receive a refund for any Administrative Fee paid by the Selling Organization for the purchase of any item(s), if such item(s) are returned to the vendor through no fault, act, or omission of the Selling Organization. Notwithstanding the foregoing, an Administrative Fee is non-refundable when an item is rejected or returned, or declined, due to the Selling Organization'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 and payments issued, based on electronic solicitations. Owner will then invoice successful Selling Organizations for the Administrative Fee amounts 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 Selling Organization in default;
  • Recovering reprocurement costs from the Selling Organization in addition to all outstanding transaction fees.

FURTHERMORE, SELLING ORGANIZATION 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 SELLING ORGANIZATION'S USER ACCOUNT.

(c) Jefferson Parish, Louisiana Electronic Procurement System. Effective 9/09/08, Subject to Section 16 under this SOSA, a transaction fee of 1.25% shall apply to the total dollar amount of all procurements whose solicitation(s), vendor responses and award(s) are made through the Jefferson Parish eProcurement System (JEFFPro System). Transaction Fees apply to all purchases, regardless of purchase type, 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 JEFFPro System.

The Jefferson Parish eProcurement System (JEFFPro System) is administered by Compuware, Inc (Prime Contractor), SicommNet, Inc, (together, "JEFFPro Contractor"). The JEFFPro Contractor shall invoice the Vendor directly for payment of transaction fees. Payment must be made to Owner (SicommNet) and is due upon receipt of invoice. The JEFFPro Contractor is an intended third-party beneficiary of transaction fees, which are used to fund the operation, maintenance, and future enhancements of the JEFFPro System. There are no other costs for vendors associated with use of the JEFFPro 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.

For the purposes of this contract, the Vendor warrants that Vendor is authorized and empowered to and hereby grants Jefferson Parish (Parish) and the JEFFPro 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 Parish and the JEFFPro 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 JEFFPro 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 Parish shall provide any price adjustment/product modification information that it has approved during the course of the contract, to the JEFFPro Contractor immediately upon such change.

If the Vendor is not the manufacturer, then it shall be the awarded Vendor'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 and may result in contract termination;
  • Recovering re-procurement costs from the Vendor in addition to all outstanding transaction fees.

FURTHERMORE, VENDOR MAY 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.

(d) State of Idaho eProcurement System (IPRO). Effective 10/5/09 the successful Selling Organization shall pay Owner an Administrative Fee of 1.25%, capped at $100,000, of the total dollar amount of all Purchase Order (PO) and Contract Purchase Order (CPO) Awards and their eligible Change Orders and Amendments (to the extent that they increase the dollar value of the contract) issued from a Solicitation released through IPRO on or after 10/5/2009. Administrative Fees will apply to all PO and CPO Awards, regardless of the quantity or dollar amount of the purchase, unless otherwise indicated in the State’s solicitation instructions, special provisions, and/or terms and conditions specific to the solicitation and/or award. The Administrative Fee does not need to be stated or included as a separate item in the proposed contract or invoice. Administrative Fee terms and requirements shall appear on all PO and CPO Awards issued through IPRO. Administrative Fee terms and requirements shall be outlined in and communicated to vendor in the State of Idaho’s Standard Contract Terms and Conditions and Solicitation Instructions to Vendors, which are incorporated in all electronic Solicitations issued through IPRO.

The Idaho eProcurement System (IPRO) is administered by SicommNet, Inc ("IPRO Contractor"). The IPRO Contractor shall invoice the successful Selling Organization directly for payment of all Administrative Fees. Payment of Administrative Fees shall be made to SicommNet within 30 days of receipt of invoice. In order to ensure equality in bidding, the Administrative Fee shall be paid by all vendors who receive a PO or CPO award bid through IPRO, whether they submit their proposal electronically or by other means (i.e. paper or facsimile). The IPRO Contractor is an intended third-party beneficiary of Administrative Fees, which are used to fund the operation, maintenance, and future enhancements of IPRO. There are no other costs for Selling Organizations associated with use of Owner's Services as they relate to IPRO.

For PO and CPO awards with a firm delivery date, the IPRO Contractor shall invoice the Selling Organization for the associated Administrative Fees on or after the delivery date stated on the award. For PO and CPO awards with a contract start and end date, the IPRO Contractor at its option shall invoice the Selling Organization for the associated Administrative Fees on either a quarterly, monthly or "per payment" basis, based upon the Contract or Purchase Order amount over the life of the contract. The IPRO Contractor may, at its option, offer the Selling Organization an upfront prepay option that may include discounted fees.

Selling Organizations shall receive a refund for any Administrative Fee paid by the Selling Organization based on the Purchasing Organization’s purchase of any item(s), if such item(s) are returned to the Selling Organization through no fault, act, or omission of the Selling Organization. Notwithstanding the foregoing, an Administrative Fee is non-refundable when an item is rejected or returned, or declined, due to the Selling Organization's failure to perform or comply with specifications or requirements of the applicable PO or CPO.

THE AWARDED SELLING ORGANIZATION IS AND SHALL REMAIN RESPONSIBLE FOR PAYING THE ADMINISTRATIVE FEE ON BEHALF OF ITSELF AND AUTHORIZED RESELLERS. In addition, as stated in the State of Idaho Standard Terms and Conditions, "A contractor’s failure to consider the Administrative Fee when preparing its solicitation response shall not constitute or be deemed a waiver by the State of any Administrative Fees owed by contractor as a result of a PO or CPO Award issued through IPRO."

FAILURE TO COMPLY WITH THE ABOVE REQUIREMENTS SHALL CONSTITUTE GROUNDS FOR: SUSPENSION OF SELLING ORGANIZATION'S USER ACCOUNT, and may result in additional sanctions imposed by the State, listed below, as provided in the State of Idaho Standard Terms and Conditions applicable to the solicitation:

  • Declare the contractor in default;
  • Cancel the contract or award;
  • Assess and recover re-procurement costs from the contractor (in addition to all outstanding Administrative Fees);
  • Seek state or Federal audits, monitoring or inspections;
  • Exclude contractor from participating in future solicitation.

(1) SOSA Revised. Effective Date 02/01/2010