The agreement term will be effective when executed by the authorized agents of both parties. The license granted to use Remit Anywhere Solutions’ products and services remains in force for a monthly, but automatically renewable upon payment, term (Billing Cycle) from the date of execution of the Agreement, or (i) until otherwise terminated earlier by the Remit Anywhere Solutions by reason of the License’s failure to comply with any of its terms and conditions, including, but not limited to, Billing Policy, or (ii) the Licensee terminates this Agreement by giving the Remit Anywhere Solutions a 30 days advance written notice with a valid reason.

The Licensee agrees to pay the Remit Anywhere Solutions the fees set forth in the executed and duly signed copy of Work Order.

The Remit Anywhere Solutions shall have the right to immediately terminate this Agreement if the Licensee fails to perform any obligation required of the Licensee under this Agreement or if the Licensee, either voluntarily or involuntarily, seek protection under the bankruptcy laws in any Court having competent jurisdiction. The Licensee shall have the right to terminate this Agreement by giving the Remit Anywhere Solutions a 30 days advance written notice with a valid reason.

This Service Level Agreement describes Remit Anywhere Solutions’ commitment to provide the following services:

The Agreement does not cover support for:

This Service Level Agreement describes Remit Anywhere Solutions’ commitment to provide licensed product(s) related services during its standard hours of coverage: Monday through Friday, 9:00 A.M. to 5:00 P.M. US Eastern Standard Time, unless otherwise a different coverage plan is selected by the Licensee.

There are three levels of support, only one of which (level 3) is provided without any restrictions under this agreement. Certain restrictions or limitations apply for the rest of the support levels (level 1 & 2). These levels, which are integrated into the Remit Anywhere’s support process, are defined as follows:

During critical processing periods, support is extended to 24/7 for agreed-upon periods, critical applications, and critical problems based on specific applications.

Remit Anywhere Solutions’ subject matter expert or other knowledgeable tech support staff member will respond by telephone to the Customer’s incident (submitted through an automated system, phone or an e-mail message) within:

A resolution may not be available at the time Remit Anywhere Solutions contacts the Licensee, in which case Remit Anywhere Solutions will attempt to estimate the “time to resolution.”

The Licensee and Remit Anywhere Solutions’ tech support staff member will mutually determine an issue’s priority classification.

Maintenance and support costs are region specific. Please contact Remit Anywhere Solutions for the costs in your region.

You agree, during the period of this Agreement, that we may: (1) revise the terms and conditions of this Agreement; and (2) change the services provided under this Agreement. Any such revision or change will be binding and effective immediately on posting of the revised Agreement or change to the service(s) on Remit Anywhere Solutions’ Web site, or on notification to you by e-mail or by telephone or by mail. You agree to review Remit Anywhere Solutions’ Web site, including the Agreement, periodically to be aware of any such revisions. If you do not agree with any revision to the Agreement, you may terminate this Agreement at any time by providing us with notice by e-mail or by fax. Notice of your termination will be effective on receipt and processing by us. You agree that, by continuing to use the Remit Anywhere Solutions services following notice of any revision to this Agreement or change in service(s), you abide by nany such revisions or changes.

In order to change any of your account information with us, you must use your Account Identifier and Password that you selected when you opened your account with us. Please safeguard your Account Identifier and Password from any unauthorized use. In no event will we be liable for the unauthorized use or misuse of your Account Identifier or Password.

You agree that, if an agent for you (i.e., an Internet Service Provider, employee, etc.) purchased Remit Anywhere Solutions service(s) on your behalf, you are nonetheless bound as a principal by all terms and conditions herein.

We reserve the right to distribute information to you that is pertinent to the quality or operation of our services and those of our service partners. These announcements will be predominately informative in nature and may include notices describing changes, upgrades, new products or other information to add security or to enhance your identity on the Internet.

You agree that our entire liability, and your exclusive remedy, with respect to any Remit Anywhere Solutions services(s) provided under this Agreement and any breach of this Agreement is solely limited to the amount you paid for such service(s). Remit Anywhere Solutions and its contractors shall not be liable for any direct, indirect, incidental, special or consequential damages resulting from the use or inability to use any of the Remit Anywhere Solutions services or for the cost of procurement of substitute services. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states, our liability is limited to the extent permitted by law. We disclaim any and all loss or liability resulting from, but not limited to: (1) loss or liability resulting from access delays or access interruptions; (2) loss or liability resulting from data non-delivery or data mis-delivery; (3) loss or liability resulting from acts of God; (4) loss or liability resulting from the unauthorized use or misuse of your Account Identifier or Password; (5) loss or liability resulting from errors, omissions, or misstatements in any and all information or services(s) provided under this Agreement; (6) loss or liability resulting from the development or interruption of your Web site or e-mail service. The registrant agrees that Remit Anywhere Solutions will not be liable for any loss due to interruption of business, or any indirect, special, incidental, or consequential damages of any kind (including lost profits) regardless of the form of action whether in contract, tort (including negligence), or otherwise, even if Remit Anywhere Solutions has been advised of the possibility of such damages. In no event shall Remit Anywhere Solutions’ maximum liability exceed five hundred ($500.00) dollars.

You agree to release, indemnify, and hold Remit Anywhere Solutions, its contractors, agents, employees, officers, directors and affiliates harmless from all liabilities, claims and expenses, including attorney's fees, of third parties relating to or arising under this Agreement, the Remit Anywhere Solutions services provided hereunder or your use of the Remit Anywhere Solutions services, including without limitation infringement by you, or someone else using the Remit Anywhere Solutions Service with your computer, of any intellectual property or other proprietary right of any person or entity, or from the violation of any Remit Anywhere Solutions operating rule or policy relating to the service(s) provided. You also agree to release, indemnify and hold us harmless pursuant to the terms and conditions contained in the Dispute Policy. When Remit Anywhere Solutions is threatened with suit by a third party, Remit Anywhere Solutions may seek written assurances from you concerning your promise to indemnify Remit Anywhere Solutions; your failure to provide those assurances may be considered by Remit Anywhere Solutions to be a breach of your Agreement and may result in deactivation of your domain name.

You agree that failure to abide by any provision of this Agreement, any Remit Anywhere Solutions operating rule or policy or the Dispute Policy, may be considered by us to be a material breach and that we may provide a written notice, describing the breach, to you. If within thirty (30) calendar days of the date of such notice, you fail to provide evidence, which is reasonably satisfactory to us, that you have not breached your obligations under the Agreement, then we may terminate your account without further notice. Any such breach by you shall not be deemed to be excused simply because we did not act earlier in response to that, or any other breach by you.

If you have any questions concerning legal or other matters described above, contact the Remit Anywhere Solutions Legal Department via email at: LegalDept@remitanywhere.com.

Last updated 06/06/2006.