Login & Go Subscriber Agreement (cont.)

 

FlexTraining Login & Go

Subscription Agreement

February 13, 2008

 

 

 

Summary

 

This document is a subscription agreement between National Training Systems  (hereafter known as "Provider") and ______Rental Sales Software Systems_____, hereafter known as "Subscriber".   It covers the provision of the FlexTraining “Login & Go” hosted e-Learning Service.

 

 

Subscription

 

The terms of the Subscription are as follows:

 

  1. Provider will provide Subscriber with 24-hour online access to a fully-functioning set of both FlexTraining software modules:
  1. FlexTraining Management Center with course development and reporting
  2. FlexTraining Student Module with secure student menu and progress tracking

 

Provider will also send Subscriber a FlexTraining Management Guide.  The Management Guide will explain to Subscriber how to manage their online training courses, reporting, and system options.

 

The service will include:

  1. Complete Independent software and database environment, separate from all other Login & Go customers
  2. Limited Private Branding (Subscriber’s logo and title text) for Student screens used for enrollment and sign-on
  3. Server and connectivity, with user-defined manager and student authentication 

 

  1. Provider (or its distributor) will provide sufficient phone-based and e-mail-based support during the term of the subscription so as to minimize the interruption of the service.  Provider will make every reasonable effort to respond to any software problem within 24 hours of being reported. .
  2. Subscriber will use the Management module to perform all data configuration, course assembly, management and reporting tasks.  Provider will enter correct values in the Technical Environment Options facility to configure the system for Subscriber’s use.
  3. Subscriber may not resell this service, or access to the FlexTraining Administration module, or any part thereof.  However it may sell online classes, via access to the FlexTraining Student Module.  Subscriber may continue use of the service for the full term of this agreement, or may discontinue use at any time.  Subscriber agrees it will not place any obscene material (text, images, video, or other format) in the site at any time.
  4. Prices and terms are subject to change in future subscription periods.

 

 

 

Limitations:

 

  1. Subscriber may establish and execute as many Courses, Scheduled Classes, and Student Enrollments as it wishes, limited only by the number of students specified in the subscription size chosen by Subscriber below:

 

  1. Outages:  Subscriber acknowledges that the public internet is comprised of a wide variety of connections, routers, communication lines, specialized software, and various internet service providers.  Further, most of these elements are out of the control of the Provider.  Thus Subscriber can expect occasional outages in the service due to internet connectivity issues.  Historically, these problems occur less than 1% of the time, but in any event Subscriber will not hold Provider responsible for outages of any length that Provider is not able to address. 

 

 

Optional Software Purchase

 

Subscriber may decide during the term of this agreement that it wishes to license the FlexTraining software for internal use. In the event of a software license purchase at a future date, Provider will assist in migrating course and student data from the Login & Go environment to the customer’s server.

 

 

Standards and Interoperability

 

Streaming Multimedia files: FlexTraining supports streaming audio and video in the popular Microsoft WMV and WMA formats, and in the MPG and MP3 formats, as well as Flash formatted video.  These formats cover the most commonly used audio and video types.  Large video or audio files may slow down the response time for an online student, particularly if the student has a slow internet connection.   Students not using the Internet Explorer web browser may have difficulty properly displaying video/audio content.  In any event, Subscriber is solely responsible for the production and delivery (streaming) of all audio and video content, and the quality and presentation of all video material. 

 

 

Liability and Non-Disclosure

 

In all cases, and under all circumstances, Provider’s liability is strictly limited to the amount of fees paid by Subscriber under this agreement.  Provider does not warrant that the service provided is applicable or suitable for any specific purpose.  Subscriber agrees not to disclose to third parties information about the internal design, data structures, or programming techniques of the FlexTraining software which is used in the Login & Go service.   Provider agrees not to disclose to third parties information designated as confidential or proprietary by Subscriber, including training material or methods. 

 

 

Entire Agreement

 

This agreement is the sole agreement between Provider and Subscriber.  Each party acknowledges that there are no other representations, understandings or agreements which are not embodied herein.  

 

Any modification of this agreement will be effective only if it is in writing and signed by both parties.  This agreement is governed by the laws of the state of Florida.

 

 

 

 

 

 


Special Considerations

 

This agreement is not valid unless signed by both parties, and unless the subscription fee has been remitted.  A counter-signed copy of this subscription agreement will be returned to Subscriber.

 

Subscription Term (Select one)    Fees below are for the 1000-user subscription

 

 

 

Per-month fee

Total for term (check one)

1.

3-month term prepaid

$950

      $2,850

2.

6-month term prepaid

$950

      $5,700  

3.  

12-month term prepaid

$900

    $10,800

 

$500 Setup Fee

$500

         $500

 

Enter Amount:

 

 

 

 

Subscriber Name and Address:

Rental Sales Software Systems

___________________________________________________________________________

 

___________________________________________________________________________

 

___________________________________________________________________________

 

 

 

By_____Jan Miller________________ By ________________________________                                                              

SUBSCRIBER - NameNational Training Systems Name

 

 

________________________________              ___________________________________  

TitleTitle

 

 

____________________________________________________________________

SignatureSignature

 

 

________________________________ ____________________________________                                                        

DateDate

 

 

 

Return by mail with payment to initiate service.

 

National Training Systems    3418 Handy Rd  Suite 201    Tampa, FL   33618  Fax  813.264.9591




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