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Information Network of Kansas Services Agreement

The Subscriber and Information Network of Kansas (INK) wish to contract for the provision of services from INK to Subscriber as per the Terms and Conditions below. INK provides online access, from terminals or personal computers, to a number of databases with related services. Subscriber wishes to use the services made available by INK.

Terms and Conditions

  1. This agreement sets forth the terms and conditions under which INK will provide services to Subscriber.
    1. Invoices for all services rendered will be prepared by INK and provided by INK. Rates shall be in accordance with the current INK rate schedule. Terms of invoice payment shall be net thirty (30) days.
    2. In addition to the rates contained herein, Subscriber shall pay INK for all sales, use, and excise taxes incurred by INK in providing services to Subscriber.
    3. Auto Check Option - Bank Institution automatically deducts amount of usage fees out of checking account monthly.
    4. Manual Monthly Billing Option:   Accounts will be assessed a processing fee of 3% of your total balance each month. In addition, manual processing requires a minimum monthly usage of $15.00.   If   monthly usage is less than $15.00, the account will be charged this minimum amount.
    5. Past due invoices will be subject to a delinquency charge of 1.5% per month of the amount in arrears, or the legal limit, whichever is less. Subscriber agrees to pay all costs of collection of delinquent accounts, including reasonable attorney's fees, as permitted by law.
    6. Default: An account is in default if it is past due or if Subscriber should declare a bankruptcy or insolvency. In the event of default, INK may, at its sole option, block the Subscriber from use of the account either temporarily or until the past due amount is paid or permanently, regardless of payment. Not exercising this option at any particular time or degree of delinquency does not prevent INK from exercising this option at any other time or degree of delinquency.
    1. The remedies set forth in this Agreement are exclusive and in no event shall INK, its directors, officers, agents, or employees be liable for special, indirect, incidental, or consequential damages, including, but not limited to, lost income or lost revenues, whether such damages arise out of breach of contract, negligence, strict liability, or any other theory of liability such damages shall in any event be limited to the charges paid for the previous month by Subscriber for the services in connection with which a claim of liability is asserted or imposed. Subscriber specifically understands and recognizes that the system by which these services are offered to it is experimental and may experience problems of various kinds resulting in an inability to provide services.
    2. Subscriber agrees that INK will not be liable for any claim or demand of any nature or kind whether asserted against INK of against Subscriber by any third party, arising out of the services or materials provided or their use; Subscriber agrees to indemnify and hold INK harmless from claims of third parties arising out of the Subscriber's use of the services or materials provided pursuant to this Agreement.
    3. INK shall not be liable for or deemed to be in default for any delays or failure in performance or interruption of service resulting directly or indirectly from any cause or circumstance beyond its reasonable control, including problems with or delays caused by its database or other providers.
    4. No action or suit, regardless of form, other than an action for payments due INK, arising out of the transactions pursuant to this Agreement may be brought by either party more than one year after the cause of the action accrues.
    5. The Information Network of Kansas, Inc., The Kansas Information Consortium, Inc., Kansas state, county and local government agencies and universities, professional associations and all other parties who may from time to time provide information for access on the Information Network of Kansas shall at no time be liable for any errors in or omissions from information available on the INK network.
    1. Rates are as set forth in the Subscription Service Agreement insert and are established by INK in its sole discretion (unless this Agreement is a fixed term agreement as detailed in Paragraph 8b below.)
    2. The parties may enter into a fixed-term agreement setting forth a set rate for a specified term. Any such agreement will be evidenced and detailed in writing.