Untitled Document

E-Mail Server Account
Contract and Order Form (CES3.8)

Please print and then complete all relevant sections. This complete document should be then either faxed through to NetCulture on +33 (0)1 4035 3194, or sent via normal post to NetCulture, 18 pl de la Chapelle, 75018 Paris, France. You should remember to include a full list of E-Mail account names and passwords.

Name : ________________________________

E-Mail : ________________________________ if applicable

Company : ________________________________ if applicable

VAT or Registration Number: ___________________________ if applicable

Address : ________________________________

City : _____________________ Postcode: _____________________

Country : ________________

Telephone :
_____________________ Fax: _____________________

Desired domain name :

________________________ e.g. 'yourcompany.com' or 'yourcompany.fr'

Admin account : ________________________ between 3 and 8 characters

Admin password : ________________________ between 3 and 8 characters

Quantity Description Price

[_1_]

E-Mail Server (20 POP3 e-mail accounts)
€ 29.70

[___]
20 Additional E-Mail (POP3) accounts € 14.50 per month

Total Monthly
€ ______

First 3 months Total
€ ______

One Time Account Creation € 26.70

Additional 20 E-Mail One Time Creation € ______ @ € 18.30 per 20 accounts

Total € ______

VAT @ 19.6% € ______ Zero ONLY if applicable ! see below

Total Amount Payable € ______

IMPORTANT: Companies registered for VAT who are outside France but within the European Community should indicate their VAT or company registration number above. In this case the VAT may be ZERO rated.
Organisations outside this area are treated as 'export' and therefore are not liable for VAT.

Visa or MasterCard

Please charge my [__] Visa or [__] Mastercard (please tick)

Name on Card [________________________________________]

Card Number [_____] [_____] [_____] [_____] Valid Until [___/___] (month/year)

Address if different from above [________________________________________]

Signature
[________________________________________]

Cheque (French Only)

[___] I enclose a cheque made payable to 'NetCulture' for the amount shown above.

The following contract is by and between

NetCulture, designated as NC

of 18 pl de la Chapelle, 75018 Paris, France

and
________________________________________
designated as Client

of ________________________________________ (Address)

________________________________________

WHEREAS, NC is an information service provider. NC offers storage and transfer services over the Internet through access to its servers. NC shall make every good faith to ensure that its servers are available via the Internet with as little connection interruption as possible.

The parties above acknowledge that the Internet is neither owned nor controlled by any one particular entity in any one country; therefore it is understood that, where out of direct control by NC, NC can not be held responsible for the inability of Client or any third party to connect to its servers.

I.
Financial Agreements:

1. Client agrees to a three (3) month contract, beginning upon the day of receipt by NC of this contract. Contracts will be accepted only by fax or post, not by electronic mail.

2. The first payment, for set-up charges and account operation, shall be invoiced upon receipt of the contract and every three (3) months thereafter.

3. This contract will automatically renew for successive three (3) month periods unless cancelled in writing thirty (30) days prior to the quarterly renewal date. Client will receive an invoice for charges, and payment is due upon receipt. NC agrees to give Client thirty (30) days written confirmation where the renewal prices are subject to change.

II.
Hardware, Equipment & Software:

Client is responsible for and must provide all telephone, computer hardware and software equipment and services necessary to access the NC servers. NC makes no representations, warranties or assurances that the Client's equipment will be compatible with the NC service.

III.
Limited Liability:

1. NC makes no warranty as to the results that may be obtained from the use of the server services, nor to the accuracy, reliability or content of any information contained in or provided through its server service.

2. Under no circumstances, including negligence, shall NC be liable for any direct, indirect, incidental, special or consequential damages that result from the use of or inability to use the NC server service, or that result from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation, or transmission or any failure of performance, whether or not limited to acts of God, communication failure, theft, destruction or unauthorised access to NC records, programs or services. Client hereby acknowledges that this paragraph shall apply to all content on the NC servers.

3. Notwithstanding the above, NC specifically denies any responsibilities for any damages arising as a consequence of non-accessibility of its servers over the Internet. Client's exclusive remedies for all damages, losses and causes of actions whether in contract, tort including negligence or otherwise, shall not exceed the aggregate amount which Client paid during the term of this contract.

IV.
Lawful Purpose:

Client may only use NC's Server for lawful purpose. Transmission of any material in violation of any local regulation is prohibited. This includes, but is not limited to copyrighted material, material legally judged or judged by NC to be threatening or obscene, profane, or material protected by trade secrets.

V.
Termination:

This Agreement may be terminated by either party, without cause, by giving the other party 30 days written notice. Notwithstanding the above, NC may terminate service under this contract at any time, without penalty, if the Client fails to comply with the terms of this contract.

This Agreement shall be governed and construed in accordance with the laws of France.

IN FULL ACCORDANCE with the above, Client and NC agree to all information included in this contract as of the date indicated below.

____________________________________ ____________________________________

on behalf of Client - Signature & Date on behalf of NetCulture

*Name :*	________________________________
*E-Mail :*	________________________________ if applicable
*Company :*	________________________________ if applicable
*VAT or Registration Number:*	___________________________ if applicable
*Address :*	________________________________
*City :*	_____________________ *Postcode:* _____________________
*Country :*	________________
*Telephone :*	_____________________ *Fax:* _____________________
*Desired domain name :*	________________________ e.g. 'yourcompany.com' or 'yourcompany.fr'
*Admin account :*	________________________ between 3 and 8 characters
*Admin password :*	________________________ between 3 and 8 characters

*Quantity*	*Description*	*Price*
[_1_]	E-Mail Server (20 POP3 e-mail accounts)	€ 29.70
[___]	20 Additional E-Mail (POP3) accounts	€ 14.50	per month
	Total Monthly	€ ______
	*First 3 months Total*	€ ______
	*One Time Account Creation*	€ 26.70
	*Additional 20 E-Mail One Time Creation*	€ ______	*@ € 18.30 per 20 accounts*
	*Total*	€ ______
	*VAT @ 19.6%*	€ ______	*Zero ONLY if applicable ! see below*
	*Total Amount Payable*	€ ______

Please charge my	[__] Visa or [__] Mastercard (please tick)
Name on Card	[________________________________________]
Card Number	[_____] [_____] [_____] [_____] Valid Until [___/___] (month/year)
Address if different from above	[________________________________________]
Signature	[________________________________________]

of	18 pl de la Chapelle, 75018 Paris, France
and	________________________________________	*designated as Client*
of	________________________________________	*(Address)*
	________________________________________

I.	Financial Agreements:
1.	Client agrees to a three (3) month contract, beginning upon the day of receipt by NC of this contract. Contracts will be accepted only by fax or post, not by electronic mail.
2.	The first payment, for set-up charges and account operation, shall be invoiced upon receipt of the contract and every three (3) months thereafter.
3.	This contract will automatically renew for successive three (3) month periods unless cancelled in writing thirty (30) days prior to the quarterly renewal date. Client will receive an invoice for charges, and payment is due upon receipt. NC agrees to give Client thirty (30) days written confirmation where the renewal prices are subject to change.
II.	Hardware, Equipment & Software:
	Client is responsible for and must provide all telephone, computer hardware and software equipment and services necessary to access the NC servers. NC makes no representations, warranties or assurances that the Client's equipment will be compatible with the NC service.
III.	Limited Liability:
1.	NC makes no warranty as to the results that may be obtained from the use of the server services, nor to the accuracy, reliability or content of any information contained in or provided through its server service.
2.	Under no circumstances, including negligence, shall NC be liable for any direct, indirect, incidental, special or consequential damages that result from the use of or inability to use the NC server service, or that result from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation, or transmission or any failure of performance, whether or not limited to acts of God, communication failure, theft, destruction or unauthorised access to NC records, programs or services. Client hereby acknowledges that this paragraph shall apply to all content on the NC servers.
3.	Notwithstanding the above, NC specifically denies any responsibilities for any damages arising as a consequence of non-accessibility of its servers over the Internet. Client's exclusive remedies for all damages, losses and causes of actions whether in contract, tort including negligence or otherwise, shall not exceed the aggregate amount which Client paid during the term of this contract.
IV.	Lawful Purpose:
	Client may only use NC's Server for lawful purpose. Transmission of any material in violation of any local regulation is prohibited. This includes, but is not limited to copyrighted material, material legally judged or judged by NC to be threatening or obscene, profane, or material protected by trade secrets.
V.	Termination:
	This Agreement may be terminated by either party, without cause, by giving the other party 30 days written notice. Notwithstanding the above, NC may terminate service under this contract at any time, without penalty, if the Client fails to comply with the terms of this contract.

____________________________________	____________________________________
*on behalf of Client - Signature & Date*	*on behalf of NetCulture*