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NEOPOIST
<br />automatically will be withdrawn first to pay for postage, and
<br />any additional amounts due for postage and related fees will
<br />be billed through the NeoFunds/TotalFunds Account under the
<br />terms and conditions of this Account Agreement. If the
<br />Account is used to acquire products or services from that
<br />Neopost USA is authorized to provide, then We shall pay the
<br />applicable amount to Neopost USA Inc. and add such amount
<br />to Your Account balance.
<br />4. Payment Terms. You will receive a billing statement for
<br />each billing cycle in which You have any activity on Your
<br />Account. Payments are due on the due date shown on Your
<br />billing statement. You may pay the entire balance due or a
<br />portion of the balance, provided that You pay at least the
<br />minimum payment amount shown on Your statement.
<br />However, if You have exceeded the Account Limit, then You
<br />must pay the entire amount of any overage, as well as the
<br />minimum payment amount shown on Your statement.
<br />Whenever there is an unpaid balance outstanding on Your
<br />Account which is not paid in full by the due date shown on
<br />Your billing statement, We will charge You, and You agree to
<br />pay, interest on the unpaid balance of the Account for each
<br />day from the date the transaction is posted to Your Account
<br />until the date the unpaid balance is paid in full, at the Annual
<br />Percentage Rate (as defined below). The Account balance
<br />that is subject to a finance charge each day will include
<br />outstanding balances, minus any payments and credits
<br />received by Us on Your Account that day. The Annual
<br />Percentage Rate applicable to Your Account will be equal to
<br />the lesser of eighteen percent (18.00%) per annum or the
<br />maximum permitted by law. Each payment will be applied to
<br />reduce the outstanding balance of Your Account and replenish
<br />the amount available to You. We may refuse to extend
<br />further credit if the amount of a requested charge plus Your
<br />existing balance exceeds Your Account Limit.
<br />S. Account Limit and Account Fees. You agree that We
<br />will establish a credit limit on Your Account (the "Account
<br />Limit"). The exact amount of the Account Limit will be
<br />indicated on Your invoice. We may, in Our sole discretion,
<br />allow Your balance to exceed the Account Limit. In the event
<br />We do so, You agree to pay Us an additional fee equal to one
<br />percent (1%) of the amount by which the Account Limit is
<br />exceeded for each transaction that You initiate after Your
<br />Account has reached the Account Limit. Such amount will be
<br />charged to Your Account on the date that the relevant
<br />transaction(s) occurs. Unless prohibited by applicable law,
<br />You agree to pay the amounts set forth in this Account
<br />Agreement, which may Include, without limitation, the
<br />amounts specified above, a fee for a late payment, a fee for
<br />any checks that are returned as a result of insufficient funds,
<br />and a fee for any ACH direct debit transactions which are
<br />rejected, and an annual account fee. All such fees shall be
<br />added to Your Account balance.
<br />6. Cancellation and Suspension. We may at any time
<br />close or suspend Your Account or temporarily refuse to allow
<br />further charges to Your Account. You can cancel Your
<br />Account at any time by notifying Us in writing at the address
<br />provided on Your Account statement of Your desire to do so.
<br />No cancellation or suspension will affect Your obligation to
<br />pay any amounts You then owe under this Account
<br />Agreement. We will notify You of the Account balance in the
<br />event of any termination and all outstanding obligations will
<br />survive the termination of this Account Agreement by either
<br />party.
<br />7. Default. We may declare You in default if You: (i) have
<br />made any misrepresentations to Us; (ii) at any time, have
<br />done or allowed anything that indicates to Us that You may
<br />be unable or unwilling to repay the balance of Your Account
<br />as required under this Account Agreement; or (iii) are in
<br />default under this Account Agreement or any lease, rental, or
<br />other agreement with Us, Neopost USA Inc., or their affiliates.
<br />If You are in default, or upon any cancellation of Your
<br />Account, We shall not be obligated to continue to provide the
<br />Account service or extend further credit under this Account
<br />Agreement. If We are required to take collection action or
<br />any other legal action under this Account Agreement, You
<br />shall pay upon demand by Us all court and collection costs,
<br />along with reasonable attorney's fees. These remedies shall
<br />be cumulative and not exclusive, and shall be in addition to
<br />any and all other remedies available to Us.
<br />8. Remedies. If We have declared that You are in default
<br />under this Account Agreement, then We may: (i) declare all
<br />agreements You have with Us in default and due and payable
<br />at once without notice or demand; (ii) refuse to make further
<br />advances on Your behalf to reset Your postage meter; and
<br />(iii) exercise any other rights that We may have. In addition,
<br />You agree that any default under this Account Agreement
<br />shall constitute a default under any agreement You may have
<br />with any of Our affiliates, Including, but not limited to,
<br />Neopost USA Inc., MailFinance Inc.
<br />9. Amendments. We may amend this Account Agreement,
<br />or any of its provisions, including without limitation any fees
<br />and charges and/or the Annual Percentage Rate, at any time
<br />by at least thirty (30) days written notice to You, and such
<br />written notice may be included in Your billing statement. Any
<br />such amendment will become effective on the date stated in
<br />the notice and will apply to any transactions after such date,
<br />as well as to any outstanding balance on Your Account.
<br />10. Notice: Any notice required to be given under this
<br />Account Agreement by either party hereto shall be given if to
<br />You, at the address shown on Your Order Form, and if to Us
<br />at 478 Wheelers Farms Road, Milford, CT 06461.
<br />11. Miscellaneous. You understand that We may obtain
<br />credit reports in connection with Your Account now and in the
<br />future. This Account Agreement shall be governed by and
<br />construed in accordance with the laws of the State of Texas,
<br />without reference to its conflict -of -laws rules, and any
<br />applicable federal laws. The sole jurisdiction and venue for
<br />actions related to the subject matter hereof shall be in a State
<br />or Federal Court within the State of Texas.
<br />MAINTENANCE 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"). Any defined terms in the
<br />Lease shall have the same meanings in this Maintenance
<br />Agreement, except that "We," "Us," and 'Our," refer to
<br />Neopost USA Inc. Sections 13 through 24 of the Lease are
<br />hereby incorporated into this Maintenance Agreement, except
<br />that any reference in those sections to the "Lease" refers to
<br />this Maintenance Agreement.
<br />2. Neopost's Terms and Conditions for Maintenance
<br />Services. If the Order Form indicates that You have
<br />purchased maintenance services, then Neopost USA Inc., or
<br />one of its affiliates, will provide maintenance services for the
<br />Products in accordance with Neopost USA Inc.'s then -current
<br />maintenance terms and pricing for the level of maintenance
<br />services that You have purchased. Those services will be
<br />provided for the entire term of the Lease and are NON-
<br />CANCELABLE. The current version of those terms and
<br />conditions are available at
<br />www ne000stusa com/malntenanceaareementV0613. You
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