Agreement for Services
As authorized by , Transportation Safety Systems Inc. (to be known as TSS) agrees to provide , a complete and operational Cloud-Based Safety Management Training System (SMS) for the purpose of corporate training and documentation utilizing content deemed appropriate for training by the FMCSA. For the duration of this contract, will be referred to as: . TSS developed or “owned” content, owned and provided content or otherwise readily and publicly available content will be used to complete the SMS System. Additional custom content will be produced and integrated as necessary to complete the custom SMS training site as requested for production.
The site will be constructed, populated and maintained by TSS for the exclusive use of and it's subsidiaries. The branded site will be built by TSS information and data owned by as their sole property. TSS agrees to furnish ongoing maintenance, licensing, backup, and technical support under the service portion of this agreement for the period of time that remains current on the payments associated with the program.
The initial cost of the design and construction of the TSS system will be . This cost shall be paid to TSS by check or credit card as prescribed by . TSS will begin the design and construction of your TSS system once we receive the upfront fee or the first monthly payment as indicated.
The current selected Managed Monthly Service Level for SMS maintenance, hosting, licensing, backup and periodic updates to include technical support is . This fee may change in the future, with 60 day advanced notice. The owner of the system has the ability to adjust the service level as necessary moving forward.
The training system will be produced and licensed as necessary and hosted on a domain server of TSS choosing (icdsoft.com). As TSS updates or modifies components, TSS will NEVER remove any feature, user, component or code. TSS policy is to only ADD material to any independently owned SMS systems. It is the responsibility of the SMS owner to review and detail all corrections to any and all content. The SMS owner has thirty (30) days to itemize corrections needed as Warranty Work.
Related to right to materials:
Custom Content will be provided as requested by and billed at $75.00 per hour. Billable hours are based on a half hour minimum. Incremental billing will commence at $37.50. 31 minutes to 59 minutes, 60 to 91 and so on. Large project discounts or flat rate terms may be negotiated. This fee will be billed at the end of service with Net Thirty terms.
Additional programming services will be provided at this rate as well and can be directed by as desired. Custom Content is defined as content produced by TSS or with original hardware, that is provided by to TSS in digital format or any content that has been altered, branded or changed by TSS. All programming is created in a master environment and will be ADDED to custom branded SMS systems. authorizes TSS to display, reformat or alter content which may include content that is commonly distributed on the internet publicly, and used in a format that included the public access programming code.
Custom content produced by TSS and hosted on TSS server space will be backed up and saved as industry standard dictates. Content hosted in other locations will not be guaranteed to link correctly and occasional repairs or corrections may be necessary depending on the host location. TSS will not be responsible for content hosted on other than TSS servers. These repairs or corrections may be billed as noted above.
Acceptance and delivery of the initial payment outlined above, TSS has thirty (30) days to provide the initial launch of the Cloud Based Safety Management System. TSS reserves the right to make necessary modifications and adjustments as necessary to maintain compliance and continuity. If at any time chooses to retain another group to maintain the training site, TSS will make no warranties once the site has been ever been migrated elsewhere. is the sole and exclusive owner of this website once delivery has been made.
TSS, as a Cloud Based Safety Management System designer and contractor, is always intent on providing excellent customer service, support and innovative solutions to partners. It is always the choice of the customer to implement solutions or changes, TSS will consistently provide options and advice to ensure continuity of service and exceptional content.
Please electronically sign and date for acceptance of the Agreement for Services. Upon acceptance, you will receive an invoice for the initial payment as outlined above. We will begin production of your SMS upon acceptance, we appreciate prompt payment.
Having read and understood the above Agreement for Services, I now agree to and enter into the agreement. I, , authorized representative of , agree to honor the terms and conditions outlined above. Should any difference of opinion arise, I agree to a neutral mediation service to attempt to resolve any differences as a first resort. Should any issues arise that cannot be agreed upon, I further understand and agree that damages would be limited to the cost paid for the services listed above.
I have read and agree
TERMS of SERVICE:
TSS currently provides users with access to training resources (training modules, training videos, training games, training graphics, educational documents, aptitude tests etc), including various reference and communications tools, (newsletters, blogs etc.), forums, shopping services, and personalized content (collectively referred to as the “Services”). Most of these Services of TSS are provided for a fee. You also understand and agree that the Service may include sponsorships or advertisements. Unless explicitly stated otherwise, any new features that augment the current Service, including the release of new services, shall be subject to the TOS. You understand and agree that the Service is provided “AS-IS” and that TSS assumes no responsibility for the timeliness, deletion, delivery problems or failure to store any user communications or personalization settings.
TSS may charge subscription service for online training resources. You are responsible for obtaining access to the Service and that access may involve third party fees (such as Internet service provider or airtime charges). You are responsible for those fees, including those fees associated with the display or delivery of advertisements. In addition, you must provide and are responsible for all equipment necessary to access the Service.
Account Fees & Registration
The use of certain products and services on the TSS SMS systems may require registration for a user account (“User Account”). Should you choose to register, you agree to provide true, complete and accurate registration information (“Registration Information”). You are responsible for updating and maintaining the accuracy of Registration Information. If you provide any Registration Information that is untrue or inaccurate, not current, or incomplete, or if TSS suspects that your Registration Information is untrue, inaccurate, or incomplete, then TSS may, in its sole discretion, suspend, terminate, or refuse future access to TSS SMS systems. Registration Information will be subject to the “TOS” of TSS (which is incorporated by reference herein).
You are responsible for maintaining the secrecy and security of any personal or User Account information. You are responsible and liable for any conduct on TSS SMS systems under your User Account. TSS is not responsible for any unauthorized use of your User Account. If you believe there has been unauthorized use of your User Account, you must notify TSS immediately.
Only the authorized licensed user is permitted to use the password protected training content within TSS SMS Systems. If anyone loans or discloses their User Name and Password or otherwise knowingly or unknowingly allows unauthorized access into the SMS system, the original site license holder shall be responsible for any unauthorized user that logs into the SMS system affected.
All content contained on the SMS (collectively, “Content”), such as text, graphics, logos, icons, images, audio and video clips, digital downloads, data compilations, and software, is our property, and the compilation of the Content on the SMS is our exclusive property, protected by United States and international copyright laws, treaties and conventions. All software used on the SMS is our property or the property of our software suppliers and is protected by United States and international copyright laws, treaties and conventions.
Any trademarks, service marks, graphics, logos, page headers, icons, scripts and trade names (each, a “Mark”) contained on the SMS are proprietary to us or our licensors or licensees. Our Marks may not be used in connection with any product or service that is not ours in any manner that is likely to cause confusion among users or that disparages or discredits us or anyone else.
We grant you a limited license to access and make private commercial use of the SMS. No Content of the SMS or any other Internet site owned, operated, licensed, or controlled by us may be copied, reproduced, republished, downloaded (other than page caching), uploaded, posted, transmitted or distributed in any way, or sold, resold, visited, or otherwise exploited for any other commercial purpose.
The access granted to you does not include, and specifically excludes, any rights to: resell or make any commercial use of the SMS or any Content; collect and use any product listings, descriptions, or prices; make any derivative use of the SMS or Content; download or copy account information for the benefit of anyone else; or use any form of data mining, robots, or similar data gathering and extraction tools.
Any violation of copyright protections will result in prosecution to the fullest extent of the law. All breaches of this contract will be determined by court action in the State of Washington, the state of incorporation of Transportation Safety Systems Inc.
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Document Name: Agreement for Services
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