This is an agreement between a website and a subscriber that wants to use the website’s services. The parties can customize this agreement to specify the service the website provides and the amount of the one-time subscription fee. This document contains numerous standard provisions that are commonly included in these types of agreements, and may be customized to fit the specific needs of the contracting parties. This agreement can be used by small businesses or other entities that offer a service over the internet and want to enter into an agreement with subscribers.
This is an agreement between a website and a subscriber that wants to use the website’s services. The parties can customize this agreement to specify the service the website provides and the amount of the one-time subscription fee. This document contains numerous standard provisions that are commonly included in these types of agreements, and may be customized to fit the specific needs of the contracting parties. This agreement can be used by small businesses or other entities that offer a service over the internet and want to enter into an agreement with subscribers. SUBSCRIPTION SERVICE AGREEMENT This Subscriber Agreement (hereinafter “the Agreement” is entered into and effective as of [insert date] by and between by and between the following parties: [Insert Name of Company] (hereinafter “Company”) having its physical place of business at ___________________________________; and [Insert Name of Subscriber] (hereinafter “Subscriber”) its physical place of business at _______________________ _______ ____,collectively referred to as the “Parties”. WHEREAS, Company provides certain services via a website (“Website”) to ___________________ (the "Services"); and WHEREAS, Subscriber desires to use the Services upon the terms contained herein. 1. THE SERVICE. Company will provide the Subscriber with the use of the _____________________ (the “Service”). The Service includes _____________________________________(describe). The Subscriber’s sign-up and registration for, or use of, the Service shall be deemed to be agreement by the Subscriber to abide by all the terms and conditions of this Agreement. 2. TERM. The initial term of this Agreement shall be twelve (12) months from the Effective Date (the "Initial Term").Thereafter, this Agreement shall automatically renew for additional one (1) year terms ("Renewal Terms") unless Company notifies Subscriber in writing no later than thirty (30) days prior to the expiration of the then current Term that it desires to terminate the Agreement (collectively, the Initial Term and any Renewal Terms constitute the "Term"). Any decision to renew and/or allow an Agreement to expire is entirely within Company’s discretion 3. SUBSCRIPTION FEE. A one-time Subscription Fee of $_________ is due upon execution of this Agreement. 4. SERVICE ACCESS AND AVAILABILITY. The Subscriber shall be solely responsible for obtaining and maintaining all computer hardware, software and communications equipment needed to access the Service, and for paying all third-party access charges incurred while using the Service. Company warrants that the Service will have 100% service availability and uptime reliability. If the Service experiences a downtime, the Subscriber will be entitled to a refund of the Monthly Usage Fee equal to the reported downtime as a percent of the total monthly uptime. Subscriber must send proof such downtime within 5 days of the occurrence however, Company shall not be liable for any refunds for planned outages in which Company provides at least 24 hours advanced notice. 5. SECURITY. Subscriber shall notify Company immediately of any unauthorized use of its account (including, if applicable, the passwords and accounts of each user accessing the Service by means of an account established by Subscriber) or any other breach of security. Company will not be liable for any loss or damage arising from Subscriber’s failure to comply with these requirements. 6. ACCURATE SUBSCRIBER INFORMATION. Subscriber agrees to provide Company with accurate billing and contact information, including legal name, company name (if applicable), street address, telephone number, and Email address. The Subscriber also agrees to notify Company of any changes to this information within 30 days. Company reserves the right to terminate Subscriber access to the Service, without any obligation to return Subscriber data, if the Subscriber provides false or fraudulent contact or billing information 7. PROPRIETARY SOFTWARE AND LICENSE. Subscriber acknowledges, and agrees, that the Service uses proprietary software (the “Software”) owned or licensed by Company, and the Subscriber is being granted an individual, limited, non-exclusive, non- transferable license to use the Software subject to the terms and conditions of this Agreement. The Subscriber acknowledges, and agrees, that the Subscriber, its employees and agents, are expressly prohibited, directly or indirectly, from attempting to discover the source code, underlying algorithms, or technology of the Software; renting, leasing, selling, assigning, or transferring rights to the Software; modifying or making derivative works based on the Software; or using the Software in any service bureau or timeshare capacity. The Subscriber acknowledges, and agrees, that Company retains exclusive ownership throughout the world of its Software, including portions or copies, and all rights not expressly granted to the Subscriber are reserved by Company. 8. USE RESTRICTIONS. Subscriber may not use the Service for spamming, chain letters, junk mail or distribution lists to contact any person who has not given specific permission to be included in such list. Subscriber agree not to transmit, or permit Subscriber’s employees to transmit, through the Service any unlawful, harassing, libelous, abusive, threatening, vulgar, obscene or otherwise reasonably objectionable material of any kind. Subscriber agree to only use the Service for purposes authorized herein, in compliance with all applicable laws including, without limitations, copyright, trademark, obscenity and defamation laws. Unlawful activities may include (without limit) storing, distributing or transmitting any unlawful material, attempting to compromise the security of any networked account or site, or making direct threats of physical harm. SUBSCRIBER AGREES TO DEFEND, INDEMNIFY AND HOLD COMPANY HARMLESS AGAINST ANY CLAIM OR ACTION THAT ARISES FROM SUBSCRIBER’S USE OF THE SERVICE IN AN UNLAWFUL MANNER OR IN ANY MANNER INCONSISTENT WITH THE RESTRICTIONS AND POLICIES STATED HEREIN. 9. BILLING PERIOD AND PAYMENT METHOD. Company shall charge and collect fees on a monthly basis. An invoice will automatically be issued to a Subscriber at the first of every month for the Total Monthly Usage Fee. Invoices are billed in U.S. Dollars and payable by check or money order in U.S. Dollars drawn on a U.S. Bank. The Subscriber agrees to pay the Total Monthly Usage Fee, which is non-refundable, for its account in accordance with the usage © Docstoc®, Inc. 2011 – All Rights Reserved fee and billing terms in effect at the time the fees are due and payable. Invoice amounts are exclusive of all taxes, levies, or duties that may be imposed by taxing authorities having jurisdiction over the Subscriber’s access location. 10. TOTAL MONTHLY USAGE FEES. [Describe how the fee is calculated] 11. INVOICE ERRORS. The Subscriber must contact Company in writing within forty-five (45) days of the date of an invoice claimed to reflect a billing error to be eligible to receive a credit or adjustment. 12. PAYMENT OPTIONS. [Describe payment options]. 13. NON-PAYMENT. In the event the Subscriber account becomes more than thirty (30) days overdue, Company reserves the right to suspend the Service provided to the Subscriber and terminate this Agreement without any obligation and liability to Subscriber. 14. TERMINATION OF SERVICE AGREEMENT. The Subscriber or Company may terminate this Service Agreement by notifying the other party with a thirty (30) days written notice before the beginning of the next monthly billing period. Upon termination of the Service Agreement for any reason, the Subscriber, and all users accessing the Service using the Subscriber account, will immediately be denied access to the Service. After termination, Company will remove all data in the Subscriber account. [Instruction: Insert any additional responsibilities Company may owe Subscriber after termination]. 15. SUBSCRIBER SUPPORT. Company, or its designee(s), shall provide Email or Telephone support during normal business hours (9:00am to 5:00pm ____ Time Zone) Monday- Friday, except on holidays. 16. SUBSCRIBER DATA. Company warrants that all data inputted into the Service by the Subscriber (Subscriber Data), or its agents, is and shall remain the exclusive property of the Subscriber. The Subscriber acknowledges, and agrees, that Subscriber shall remain solely responsible for the accuracy, integrity, reliability, quality, and legality, of Subscriber Data, and Company shall not be held accountable or liable for any correction, deletion, loss, destruction, or failure to store any such Subscriber Data. All Subscriber Data is considered confidential. Company will not share, rent, sell, trade or otherwise disclose any personally identifiable information or Subscriber identifiable information. Company may, however, in its sole discretion disclose to third parties that Subscriber Data which is not personally identifiable. Company shall use all reasonable efforts to protect the Subscriber’s data and conduct data backups. 17. SUBSCRIBER'S REPRESENTATIONS AND WARRANTIES. Subscriber represent and warrant to us that (a) Subscriber are at least 18 years old; (b) Subscriber has the right, power and authorization necessary to enter into and perform this Agreement; and (c) that Subscriber © Docstoc®, Inc. 2011 – All Rights Reserved will obtain all necessary consents from the parents or guardians of Students that may be required to comply with applicable law, rule or authority for use, collection, transmission and storage of Subscriber Data on the Internet, and (d) that any payment or credit card information Subscriber supply is correct, that Subscriber’s financial institution or credit card company shall honor charges Subscriber incur, and Subscriber shall in turn pay those charges. 18. RELATIONSHIP OF PARTIES. Company, in providing the Services, is acting as an independent contractor and does not undertake by this Agreement or otherwise to perform any regulatory or contractual obligation of the Subscriber. Company has the sole right and obligation to supervise, manage, contract, direct, procure, perform, or cause to be performed all work to be performed by Company under this Agreement. 19. DISCLAIMER OF WARRANTIES. SUBSCRIBER ACKNOWLEDGE AND AGREE THAT THE PRODUCT AND SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. NONE OF COMPANY, ITS AFFILIATES OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS (COLLECTIVELY, THE "COMPANY PARTIES") GUARANTEES THE TIMELINESS, ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY THE PRODUCTS OR SERVICES, OR THAT USE OF THE WEBSITE WILL BE UNINTERRUPTED, ERROR FREE OR VIRUS FREE. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THIS WEBSITE AND THE TIMELINESS, USEFULNESS, ACCURACY OR COMPLETENESS OF THE PRODUCTS AND SERVICES IS ASSUMED SOLELY BY SUBSCRIBER. ALL OF THE COMPANY PARTIES HEREBY SPECIFICALLY DISCLAIM ANY REPRESENTATIONS, ENDORSEMENTS, GUARANTEES, OR WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE PRODUCTS OR SERVICES, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF THIRD-PARTY RIGHTS.WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, ALL OF THE COMPANY PARTIES DISCLAIM ANY WARRANTIES WITH RESPECT TO ANY RESULTS THAT MAY BE OBTAINED FROM THE USE OF THIS WEBSITE, THE PRODUCTS OR SERVICES. 20. OWNERSHIP. Company is the sole and exclusive owner of the Products and Services, and all Intellectual Property Rights therein. Except for the limited license granted herein in Section 7 the Subscriber acquires no rights therein. 21. INDEMNIFICATION A. Subscriber shall indemnify, hold harmless and, at no expense to Company, defend Company and Company’s affiliates (if any), and its and their respective directors, officers, employees, and authorized agents and other representatives (each a “Company Indemnified Party”) from and against any and all third-party claims, demands, actions, suits, proceedings, damages, liabilities, losses, fines, penalties, judgments, awards, settlements, costs and expenses (including attorneys’ fees and costs) (collectively, “Third-Party Claims”), arising from, or related in any manner whatsoever to: i. any actual or alleged breach of this Agreement, or violation of applicable law, by Subscriber; or © Docstoc®, Inc. 2011 – All Rights Reserved ii. any actual or alleged infringement or other violation of a third-party’s intellectual property rights by Subscriber. B. The right of Company (“Indemnified Party”) to indemnification and/or a defense (collectively, “Indemnity”) hereunder by the Subscriber (“Indemnifying Party”) shall be conditioned on the following: [Tip: Docstoc has several resources available regarding detailed Indemnification Agreements including plug-in provisions that can that can be used in conjunction with this Agreement]. i. The Indemnified Party must give the Indemnifying Party prompt written notice of the Third-Party Claim, for which it is seeking Indemnity, although the Indemnified Party’s failure to provide such prompt notice will not relieve the Indemnifying Party of any obligation or liability under this Section except to the extent the Indemnifying Party has been materially prejudiced by such failure; ii. The Indemnifying Party shall have sole control of the defense and any settlement or other resolution of such Third-Party Claim with legal counsel of the Indemnifying Party’s choice, so long as the representation is zealous, legal counsel is reputable, there is no conflict of interest in representing the Indemnified Party, and the Indemnified Party is recognized as the client of legal counsel. iii. The Indemnified Party shall at all times fully cooperate with, and at the Indemnifying Party’s expense, provide such assistance as reasonably requested by the Indemnifying Party, in connection with any investigation or defense of such Third-Party Claim; and iv. The Indemnified Party shall not enter into any settlement, compromise or other resolution of such Third-Party Claim, without the Indemnifying Party’s prior written consent, which shall not be unreasonably withheld or delayed. C. Notwithstanding anything to the contrary herein, no compromise or settlement of any such Third-Party Claim may be committed to by the Indemnifying Party without the Indemnified Party’s prior written consent, unless: i. it includes a full discharge and release of liability for the Indemnified Party; and ii. it involves no admission or commitment by or on behalf of the Indemnified Party other than the payment of money to be fully indemnified hereunder by the Indemnifying Party. D. As used herein, “affiliate” means any and all parties, who directly, or indirectly through one (1) or more intermediaries, control, are controlled by, or are in common control with, either party hereto. 22. LIMITATION OF LIABILITY. IN NO EVENT SHALL COMPANY’S TOTAL LIABILITY EXCEED THE AMOUNTS ACTUALLY PAID BY THE SUBSCRIBER TO COMPANY FOR THE SERVICE UNDER THIS SERVICE AGREEMENT IN THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE ACT OF INJURY THAT GAVE RISE TO THE LIABILITY. NEITHER COMPANY NOR ITS LICENSORS SHALL BE LIABLE TO ANYONE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES OF ANY TYPE OR KIND (INCLUDING LOSS OR INACCURACY OF DATA, REVENUE, OR PROFITS) ARISING © Docstoc®, Inc. 2011 – All Rights Reserved OUT OF, OR IN CONNECTION WITH, THIS SERVICE OR THE INABILITY TO USE THE SERVICE, EVEN IF COMPANY HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 23. GENERAL PROVISIONS. A. Successors and Assigns The Parties agree that this Agreement shall be binding upon each of its successors and assigns and that this Agreement may not be assigned to any other third party, without the written consent of Company, which shall not be unreasonably withheld. B. Amendments No modification, supplement, termination, extension, waiver or amendment to or of this Agreement (or any attachments or exhibits) or any of its provisions may be made, and any attempts, shall not be binding unless agreed to by The Parties in writing, by pen on paper, by duly authorized representatives of the Parties. There shall be no oral agreements. Electronic writings, including E-mail messages, text messages, tweets, instant messages, etc., their contents, and any attachments, and any prior or subsequent communications including oral discussions or negotiations concerning some or all of the Agreement, or anything at all, are not intended to represent and do not reflect an offer or acceptance to enter into (or amend, modify, revise, terminate, abrogate, extend, waive a breach or damages of, etc.) a binding contract, transaction or agreement, and are not intended to and do not bind any party to this Agreement. The parties may determine that they wish to attempt to negotiate a written agreement that is binding that amends, modifies, revises, terminates, abrogates, extends, waives a breach or damages of, this Agreement , however, the parties intend and will continue to intend that there shall be no contract formations, waivers, modifications, abrogations, extensions, amendments, etc., without one or more formal written documents executed non electronically but with holographic signatures by hand with ink pen on paper signed by a duly authorized representative of each of the parties (aka “wet signatures” or “pen on paper signatures”). Any communication to the contrary in the past, now or future, is not binding on any party to this Agreement. Absent the written express statement to the contrary as set out below, it is the intention of the parties, and the parties agree not to conduct any contract formation, modifying transaction, amend any agreement, abrogate any agreement, grant any extension, or waive any right by electronic writing. Any alleged communication to the contrary is not binding on any party. The written express statement mentioned above ("electronic express statement") shall be the following, or that which expresses the same intent as the following: “I expressly intend that this shall constitute an electronic signature to a writing thereby [forming, modifying, amending, abrogating, granting an extension in relations to, or waiving a breach to] a binding [contract or agreement].” For purposes of any agreement, a formal written document on paper with wet signatures (pen on paper signatures) and otherwise consistent with the requirements herein, which is transmitted by facsimile, the internet, or any cell/wireless/mobile telephone system, or the like, as an image or .pdf document is valid when signed by pen on paper by all parties to be charged. The parties expressly state and intend that Emails / texts / tweets / instant messages, etc., sent or received - even when there are multiples or combinations of these - do not include all of the essential or material terms required in order for there to be a legally binding agreement or contract between the Parties, and are ineffective for purposes of contract formation, modification, amendment, waiver, etc., without the electronic © Docstoc®, Inc. 2011 – All Rights Reserved express statement mentioned above. No addition to or modification or consensual cancellation of this agreement, notice or statement shall be binding unless made in one or more formal written documents consistent with the pen on paper or "electronic express statement" requirements herein. Any purported communication to the contrary is not binding. C. No waiver of any breach of any provision of this agreement, notice or statement shall constitute a waiver of any prior, concurrent or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and wet signed by pen on paper or electronic express statement as set out herein. [Note to Docstoc User / Subscriber about the gray highlight: If you wish to allow emails that reflect some formality, and that you have given adequate and due consideration to the matter, to be used for amendments, for example, to add to a schedule of deliverables, this version of the document does allow formal emails with special language in them to be used. Therefore if you do not wish to allow that, and only wish for there to be signatures by pen on paper you may wish to edit this document by removing the portions in this section that are highlighted in gray. If you allow this you will want to remove the gray highlight from the final version of the Agreement before you print it. And then you will want to delete this note.] D. Notices Any notice required, permitted to be given, or otherwise given hereunder may be effectively given by letter delivered either by personal delivery, registered mail certified return receipt requested, postage prepaid, or delivered by overnight delivery service, or by facsimile machine upon receipt from the sender of a confirmation of receipt, or by other electronic means so long as the recipient has acknowledged receipt (for purposes of this section an automatically generated receipt confirmation does *not* qualify as acknowledgement of receipt), addressed to the recipient as follows: In the case of Company: Company Attn: _____________ Tel: __________________ Fax: __________________ Email: _______________________ In the case of Subscriber: Subscriber Attn: _____________ Tel: __________________ Fax: __________________ Email: _______________________ E. Waiver Any party which is entitled to the benefits of this Agreement may, and has the right to, waive any term or condition hereof at any time on or prior to the time when such term or condition is required to be fulfilled under this Agreement; provided, however, that such waiver shall be evidenced by written instrument duly executed on behalf of such party by a duly authorized agent. The waiver by a party of any term or condition hereof shall not operate as a waiver of that party's rights under this Agreement © Docstoc®, Inc. 2011 – All Rights Reserved in respect of any other term and condition (whether of the same or any other nature). No failure to exercise and no delay in exercising any right, remedy, or power under this Agreement shall operate as a waiver thereof, nor shall any single or partial exercise of any right, remedy, or power under this Agreement preclude any other or further exercise thereof, or the exercise of any other right, remedy, or power provided herein or by law or in equity. No agreed waiver by either Party of a provision or breach of this Agreement shall operate or be construed as a subsequent waiver of the same, or waiver of a different, provision, including a waiver of the same but subsequent breach of this Agreement or a waiver of a different such breach. F. Governing Law This Agreement shall be governed by and construed in all respects in accordance with the laws of the State of ___________________ as they apply to agreements entered into and to be performed by the Parties herein. G. Venue The Parties further agree that venue of any legal action or claim hereunder shall be exclusively in and with a court having jurisdiction over __________ County, __________ , if disputes are to be resolved in Court, if at all, as set out below, or where arbitration or mediation is to occur, if at all, as set out below. The Parties further agree and hereby consent to, and waive all defences of lack of personal jurisdiction and forum non conveniens with respect to, venue and jurisdiction in the State of ________ and _________County. Notwithstanding the foregoing either party may seek equitable, preliminary, or permanent injunctive relief from any court of competent jurisdiction, which rights and remedies shall be cumulative and in addition to any other rights or remedies at law or in equity to which either party may be entitled. H. Entire Agreement This Agreement shall constitute the entire agreement between the Parties and will supersede all prior agreements, representations, warranties, statements, promises, information, arrangements and understandings, whether oral or written, express or implied, with respect to the subject matter hereof. The Parties shall not be bound or charged with any oral or written agreements, representations, warranties, statements, promises, information, arrangements or understandings not specifically set forth in this Agreement. This Agreement has been carefully drafted and the Parties are convinced that this document completely and clearly expresses their intentions. Further, the Parties place great value on the quick and inexpensive resolution of any dispute that may arise between them concerning this contract or the subject hereof. Therefore, the parties agree that: (i) all disputes concerning this Agreement or the subject matter hereof shall be resolved as provided herein; (ii) this Agreement constitutes the sole agreement among the Parties, and supersedes any and all prior or contemporaneous oral or written agreements, promises, or understandings among them, pertaining to the matters contemplated in this Agreement; (iii) no express or implied representations, warranties, or inducements have been made by any party to any other party except as set forth in this Agreement; (iv) this Agreementmay not be amended, added to, or altered except by a writing duly executed by each of the Parties hereto, as set forth herein; and (v) no parole or extrinsic evidence whatsoever may be introduce or considered in any judicial or arbitration proceeding involving this agreement, for any purpose, including to interpret, explain, clarify, or add to this Agreement, except in any instance in © Docstoc®, Inc. 2011 – All Rights Reserved which a provision is found in whole or in part to be invalid, illegal or unenforceable and subject to severability and the arbitrator or court undertakes to re-write or construe the severed provision as closely as possible to conform to the intent of the Parties. I. Severability Each of the provisions of this Agreement (and each part of each such provision) is severable from every other provision hereof (and every other part thereof). In the event that any provision (or part thereof) contained in this Agreement or the application thereof to any circumstance shall be invalid, illegal or unenforceable, in whole or in part, and to any extent: (i) the validity, legality or enforceability of such provision (or such part thereof) in any other jurisdiction and of the remaining provisions contained in this Agreement (or the remaining parts of such provision, as the case may be) shall not in any way be affected or impaired thereby; (ii) the application of such provision (or such part thereof) to circumstances other than those as to which it is held invalid, illegal or unenforceable shall not in any way be affected or impaired thereby; (iii) if possible, such provision (or such part thereof) shall be construed or re-written as closely as possible to conform to the intent of the parties, in which instance parole or extrinsic evidence may be considered to do so; (iv) if not susceptible to such construction, such provision (or such part thereof) shall be severed from this Agreement and ineffective to the extent of such invalidity, illegality or unenforceability in such jurisdiction and in such circumstances; and (v) the remaining provisions of this Agreement (or the remaining parts of such provision, as the case may be) shall nevertheless remain in full force and effect. J. Headings The headings for sections herein are for convenience only and shall not affect the meaning of the provisions of this Agreement. Such headings shall not be deemed to govern, limit, modify or in any other manner affect the scope, meaning or intent of the provisions of this Agreementor any part thereof, nor shall they otherwise be given any legal effect. K. No Unannounced Modifications to Signature Documents The Parties have reviewed (and, if applicable, negotiated) this Agreement, in its electronic form. They desire to sign the hard-copy version without having to re-read it to confirm that no unauthorized changes were made before the final printout. Accordingly, by signing and delivering this Agreement, and/or any exhibit, amendment, or addendum to it, now or in the future, each Party represents that it has not made any changes to any other draft provided to (or by) the other party, unless the signing Party has redlined the changes or otherwise expressly called them to the other party’s attention in writing. (Non-substantive format clean-up and correction of immaterial spelling errors need not be redlined.) L. Survival Those sections of this Agreement, that should logically survive termination or expiration of this Agreement, shall survive termination or expiration of this Agreement. M. Construction © Docstoc®, Inc. 2011 – All Rights Reserved If there is any controversy regarding this agreement or the terms of this Agreement, this Agreement, will be deemed to have been drafted by all parties herein and will not be strictly construed as against any party. The parties have been made aware of their right and opportunity to consult with independent legal counsel and have either done so, or knowingly waive the right to do so. Further, the parties acknowledge that they have engaged in negotiations to reach this Agreement. N. Counterparts This Agreement, may be executed in several counterparts, each of which shall constitute an original and all of which, when taken together, shall constitute one and the same agreement, including the judicial proof of any of the terms hereof. A photocopy, fax copy, or electronic image copy, which depicts the inclusion of one or more signatures by pen on paper, shall be deemed an original. O. Attorneys’ Fees In the event of litigation or arbitration relating to the subject matter of this Agreement, the prevailing party shall have the right to collect from the other party its reasonable costs and necessary disbursements and attorneys' fees incurred in enforcing this Agreement. P. Authority Each person signing warrants and represents that he or she has full authority to enter into this Agreement, and that all representations and warranties in this Agreement, are true and correct. IN WITNESS WHEREOF, the parties hereto have duly executed this Agreement, as of the day and year first written above. Company Subscriber Per: Per: Name: __________________ Name: _____________________ Title: Title: ____________________ I have authority to bind Company. I have authority to bind Subscriber. © Docstoc®, Inc. 2011 – All Rights Reserved
Pages to are hidden for
"Subscription Service Agreement"Please download to view full document