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Item 30 - Agreement with PlanetBids, Inc. for eProcurement Suite of Modules
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Item 30 - Agreement with PlanetBids, Inc. for eProcurement Suite of Modules
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City Clerk
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Agenda Packet
Agency
Clerk of the Council
Item #
30
Date
12/21/2021
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9. Security. <br />(a) The PlanetBids ordering and posting processes are protected by the Secure <br />Sockets Layer (SSL) protocol, which encrypts your information and confirms the identity of the <br />PlanetBids server before allowing a transaction to be completed. It is recommended that <br />Customer use the latest browsers to ensure that the SSL protocol is acceptable, and you are <br />protected by advances in security technology. For more detailed information, please refer to the <br />PlanetBids Privacy Policy. <br />(b) Password -protection techniques will be provided to restrict access under <br />Customer's account to authorized individuals. REGISTRANT ACKNOWLEDGES, HOWEVER, <br />THAT ACCESS RESTRICTIONS, BY THEIR NATURE, ARE CAPABLE OF BYPASS AND <br />PLANETBIDS DOES NOT GUARANTEE THAT THE SERVICES CANNOT BE ACCESSED BY <br />UNAUTHORIZED PERSONS. Customer shall at all times maintain as confidential its <br />usernames and passwords. If Customer is a corporation or other business entity, then it may <br />allow employees to use its username and password, but the Customer shall be responsible for <br />all activity and charges incurred by such employees. Permitting third parties to use the Services <br />is prohibited and a violation of this Agreement. <br />(c) if a security breach occurs with respect to any account, the Customer must <br />immediately change its password and notify PlanetBids at cu_stomerservice(d,)PlanetBids.com. <br />Customer shall be liable for any unauthorized use of the Services until PlanetBids is notified of <br />the security breach. <br />10. Other Provisions. <br />a) Notices. PlanetBids shall provide notice to Customer via email, or (at its <br />discretion) via certified U.S. Mail, to the address provided in this Agreement or such other <br />address provided by Customer to PlanetBids. Customer shall provide notice to PlanetBids via <br />email to customerservice(a�PlanetBids.com, with a copy sent via certified U.S. Mail to the <br />address on the membership registration. Notices will be effective 6 hours after sending if sent <br />via email (unless the sender receives a response indicating that the message was undelivered) <br />or 3 business days after the mailing date, whether or not received. <br />b) Assignment. Customer shall not assign this Agreement or any of its rights or <br />obligations without the prior written consent of PlanetBids, and any such attempted assignment <br />will be void. Subject to the above, this Agreement will be binding upon the parties' respective <br />successors and permitted assigns. <br />c) No Waiver. The failure of PlanetBids to exercise or enforce any right or <br />provision under this Agreement will not constitute a waiver of such right or provision. if any <br />provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties <br />nevertheless agree that the court should endeavor to give effect to the parties' intentions as <br />reflected in the provision, and the other provisions of the terms and conditions shall remain in <br />full force and effect. <br />d) Governing Law. The interpretation and enforcement of this Agreement shall be <br />governed by laws of the United States of America and the State of California, excluding its <br />choice of law rules and subject to the exclusive jurisdiction of the court located in Orange <br />County, California. <br />e) Force Majeure. PlanetBids will not be liable in any amount for failure to perform <br />any obligation under this Agreement if such failure is caused by Internet outages or delays, <br />6 <br />Copyright 0 2021 PlanetBids, Inc. R210815-26 <br />
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