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INSURP.NCE,NOT REQUIRED hu~rc~ {~ WORK M.AY PROCEED Lori r.i es Sctil~( N-2008-008 CLERK OF COUNCIL Chub Texting erVice Agreement DATE: ~- j p ~ SIGN 8 FA7( agreement to 646-819-4938. Questions call (212) 255-4663 or email sales@clubtexting,com. • ,- , Namel Title: Paul Walters, Chief of Police Please Indicate The Key Word You Company: Santa Ana Police De artment P Have Chosen: (Noel Venues Uae Thelr Name} SIrUCWre: _Cor poradon _Parfnershlp _/ndlvidual State: CA Examples: PACNA Or MARI]UEE Address: 60 CIVIC Center PiaZa City l St /ZIP: Santa Ana, CA 92701 Email: NA Phone: NA Fax: 714-245-8606 Referred by: CluMexting Rep: Zane . Contact: James Schnabl setup EmaII: jschnabl santa-ana.org Phone: 714-920-2554 contact: Patty Quezada BIIIing Email: pquezada@santa-ana.org VISA I MC /AMEX Card Number: 4024-4200-0049-HBSB Exp Date: 02/11 streetAddrega: 60 Civic Center Plaza clty/state/zip: Santa Ana, CA 92701 Name On Card: Clty Of Santa Ana Signature: ~ • ~ • Whereas Client requires Club Texting Services, and whereas Club Texting is willing to provide said services upon the following terms, and subject to acceptance of this Agreement at Company's prindpal offce, the parties agree as follows: Club Texting License: Club Texting shall provide Client with Club Textng Services. Client shall pay to Club Tenting the fees as set forth. All fees shall be due and payable, and all services shall be deemed to have been provided, at the offces of Club Texting. One-Time Setup Fee: 8199 per keyword (Includes account setup, custom database, training). Monthly Fee Per Keyword: $100 per month. Accounts are set up to reflect a start date of the 1" of the month. If client signs up in the middle of the month the fee and texts will be prorated. This charge is automatically charged on the cc on file on the first of every month. Client may send out up to 2000 texts per month. Any texts sent out over the 2000 texts will be charged the $.OS rate per text. The $100 does not carry over from month to month. If the 2000 texts are not used in a one month period, they are forfeited. "Both of these fees are charged upon activation." A la carte Texting Fee: $.OS per text Import Fee: Client will be allotted a one time import free of charge. This Includes up to 1D00 numbers. After this, diem may import additional numbers at a charge of $.02 per number. Term: 12 Months, automaticelly renewed for additional Terms unless cancelled in writing prior to the start of the new Tenn. Cancellation Option: If Client is not satisfied with the service for any reason, Client may cancel this agreement with 30 days notice by sending written notice via email to billing@ClubTexting.cem, Including reason for cancellafion. If it is in the middle of a billing cycle the next month will be pro-rated to fit within the 30 days. Payment: Clients will be charged $100 on the first of every month. In addition to the minimum $100, any a la carte texting fees that have incurred from the previous month will also be charged on the first of the month. Club Texting Terms and Conditions of Use: Client is liable for the actions of all Users using Client's account. All registered Users of the Club Texting Service shall be required to agree to the Club Texting Terms and Conditions of Services and Use, which are located at http:/1www.Club Texting.com/terms which, among other things, states that THE SENDING OF UNSOLICITED, NON OPT-IN, OR NON- CONSENSUAL TEXTS (SPAN) IRREPARABLY DAMAGES CLUB TEXTING'S BUSINESS AND THAT THE CLIENTIUSER WILL NOT USE CLUB TEXTING FOR THE PURPOSE OF SENDING SPAN OR BE SUBJECT TO SUBSTANTIAL LIABILITY AND FINES AND ADDITIONAL SERVICE FEES. Client's List is ConTdential: Client's Phone list(s) will be held by Club Texting as cenfdential information to be used exdusively by Client for the benefit of Client. Club Texting will not compile, buy, sell, rent, or trade Client's Phone Numbers list(s), or send unauthorized TeMS to client's list. Warranty and LJabJllty: Client warrants that every phone number provided to Club Texting has opted-in to receiving Club Texfing's services and that it owns, has the right to use and the right to authorize Club Texting's use of the material (phone numbers, copy) provided to or imported into Club Texting by Client. Client warrants that all phone numbers on Client's list(s) are acquired by Client using "opt-in"methods and that each text sent by Client contains instructions on how to opt-out of Club Texting's services. Client further warrants that it will NOT use Club Texting for the purpose of sending unsolicited or non-consensual texts (spam). Client shall indemnify and hold Club Texting harmless from any liability or loss incurred for breach of any warranty herein. Client specifically agrees that Club Texting's sole and exclusive liability hereunder is to re-pertorm any non-pertormed services or, at Club Texting's option, refund the amount paid by Client for the non-pertormed service. Club Texting Services are provided on an'AS Is' basis. Club Textng reserves the right to cancel this agreement at an time b ivin written notice to Client via E-mail. Client warrants that Client understands all terms used In this a reement. By completing this Service Agreement and sending It to Club Texting, you represent that you are authorized to enter into binding agreements either individually or on behalf of your company and are now completing such a binding agreement. Facsimile signatures shall be binding. This agreement constitutes the entire a reement between the arties and all other additional or contra documents, or re resentations, written or oral, are hereb re acted and shall not be bindin . signature:See Attached document Date: 1129108