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Resolution 8821
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08500 - 08999 (2016-2018)
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Resolution 8821
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6/25/2019 10:08:27 AM
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9/20/2017 10:33:35 AM
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MV City Council
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covered hardware cannot properly operate on a <br />stand-alone basis and it has been incorporated into <br />the mail machine. Products that are not Integrated <br />including, but not limited to, all Software and scales <br />with "ST -77," or "SE" in the model number will not <br />receive updated rates as part of Our Online Services <br />program (collectively "Excluded Products'). <br />C. Rate Updates with Rate Change Protection and <br />Software Advantage. If You have any of Our <br />Excluded Products, You may have elected to <br />purchase Rate Change Protection ("RCP") from Us for <br />Your hardware products or Software Advantage for <br />Your Software. If the Order Form indicates that You <br />have selected RCP or Software Advantage, We will <br />make available a the following updates for Your <br />covered Products or Software: (i) updates to <br />maintain accurate rates for the services offered by <br />the USPS and other couriers that are compatible with <br />Your covered Products or Software; and (ii) updates <br />for major zip or zone changes that are compatible <br />with Your covered Products or Software. If any <br />reprogramming is required because You have moved <br />the Products or Postage Meter to a new location, <br />none of the services described in this Section cover <br />the cost to do so. If You have not selected RCP or <br />Software Advantage, You agree that We may send <br />You periodic rate updates as needed and You agree <br />to either: (i) promptly pay the then -current price for <br />such update; or (ii) return the unused, update to Us <br />within ten (10) business days of receiving it. <br />Customers with an outstanding Accounts Receivable <br />balance may not receive a rate update until the open <br />balance Is resolved. <br />S. United states postal service acknowledgement of <br />deposit requirement. By signing this Postage Meter Rental <br />Agreement, You acknowledge and agree that You have read <br />the United States Postal Service Acknowledgement of Deposit <br />(the "Acknowledgement") and will comply with Its terms and <br />conditions, as it may be amended from time to time. <br />9. Additional united states postal service terms. <br />A. By signing this Postage Meter Rental Agreement, You <br />acknowledge that You are also entering into an <br />Agreement with the United States Postal Service <br />("USPS") in accordance with the Domestic Mail <br />Manual ("DMM") 604.4, Postage Payment Methods, <br />Postage Meters and PC Postage Products <br />(collectively, "Postage Evidencing Systems" or "PES") <br />and accept responsibility for control and use of the <br />PES contained therein. <br />B. You also acknowledge You have read the DMM <br />604.4, Postage Payment Methods, Postage Meters <br />and PC Postage Products (Postage Evidencing <br />Systems) and agree to abide by all rules and <br />regulations governing its use. <br />C. Failure to comply with the rules and regulations <br />contained in the DMM or use of the PES in any <br />fraudulent or unlawful scheme or enterprise may <br />result in the revocation of this Rental Agreement. <br />D. You further acknowledge that any use of this PES that <br />fraudulently deprives the USPS of revenue can cause <br />You to be subject to civil and criminal penalties <br />applicable to fraud and/or false claims against the <br />United States. The submission of a false, fictitious or <br />fraudulent statement can result in imprisonment of <br />up to five (5) years and fines of up to $10,000 (18 <br />U.S.C. 1001). In addition, a civil penalty of up to <br />$5,000 and an additional assessment of twice the <br />amount falsely claimed may be imposed (3 U.S.C. <br />3802). <br />E. You further understand that the rules and regulations <br />regarding use of this PES as documented in the USPS <br />Domestic Mail Manual may be updated from time to <br />time by the USPS and it is Your obligation to comply <br />with any current or future rules and regulations <br />regarding Its use. <br />F. You are responsible for immediately reporting (within <br />seventy-two hours or less) the theft or loss of the <br />postage meter that is subject to this Rental <br />Agreement. Failure to comply with this notification <br />provision in a timely manner may result in the denial <br />of refund of funds remaining on the postage meter at <br />the time of the loss or theft. <br />NeoFunds®/TotalFunds® ACCOUNT AGREEMENT <br />1. Incorporation of Certain Terms. You acknowledge that <br />You have entered a Government Product Lease Agreement <br />with MailFinance Inc. (the "Lease`) and a Postage Meter <br />Rental Agreement with Neopost USA Inc. (the "Rental <br />Agreement"). If you have an eligible postage meter, then you <br />will have access to a NeoFunds postage funding account (for <br />Neopost POC accounts) or a TotalFunds postage funding <br />account (for Hasler TMS accounts) and this <br />NeoFunds/TotalFunds Account Agreement ("Account <br />Agreement") shall govern Your use of such account. Any <br />defined terms in the Lease or Rental Agreement shall have <br />the same meanings in this NeoFunds Agreement, except that <br />"We," "Us," and "Our," refer to Mailroom Finance, Inc., an <br />affiliate of Neopost USA Inc. Sections 14 through 20 of the <br />Lease are hereby incorporated into this Account Agreement <br />except that any reference in those sections to the "Lease" <br />refers to this Account Agreement. <br />2. Establishment and Activation of Account. You <br />hereby authorize Us, to establish an account in Your name <br />("Account') for funding the purchase of postage from the <br />United State Postal Service ("USPS") for use In the postage <br />meter. Your Account may also be used to purchase supplies, <br />pay for the Postage Meter rental, and obtain certain other <br />products and services from Neopost USA. The establishment <br />of Your Account shall be subject to Our approval of Your <br />creditworthiness. Any use of the Account shall constitute <br />Your acceptance of all the terms and conditions of this <br />Account Agreement and all other documents executed or <br />provided in connection with the Account. The Account may <br />not be used for personal, family, or household purposes. <br />3. Operation of Account. Each time an employee or <br />agent of Yours with the express, implied, or apparent <br />authority to do so (each an "Authorized User") uses the <br />Account to receive a postage meter reset or obtain other <br />products or services that Neopost USA Inc. is authorized to <br />provide, Neopost USA Inc. will notify Us of the amount to be <br />applied to Your Account balance. If the Account is used to <br />obtain postage, then We will transfer the requested amount of <br />postage to the USPS on Your behalf and Your Account will be <br />charged for the amount of postage requested and any related <br />fees, if applicable. You can continue to pre -pay the USPS for <br />postage and understand that pre -paid postage funds will be <br />used first to pay for my postage meter resets. You further <br />understand that NeoFunds/TotalFunds will provide additional <br />available postage funds when Your pre -paid account balance <br />is zero ($0). When You request a postage meter reset, if You <br />have the funds on account with the USPS, those funds <br />Page 4 of 6 Direct Sales Government Product Lease Version: DirectGavLease-VO4-16 <br />
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