User Agreement
MEMORANDUM OF AGREEMENT
For IowaPages Services
This Agreement is entered into between Area Education Agency 267 (hereafter "AEA") and registered user (hereafter the "Organization/Person").
RECITALS:
A. AEA has acquired a license for IowaPages software, which allows AEA to provide certain services to educational organizations, persons employed by an educational organization, and retired educators anywhere within the State ofIowa.
B. AEA wishes to provide to the Organization/Person and the Organization/Person wishes to subscribe from AEA, certain services with regard to said software.
C. The parties wish to enter into this Agreement to set forth the terms of said provision and said subscription.
NOW, THEREFORE, the parties agree as follows:
1. The initial term of this agreement shall commence with the date the payment for services is received and shall last for one year. Payment for IowaPages occurs on a pre-pay basis and payment will be automatically renewed at the end of the term. If payment is not received within sixty days, the contract will be terminated and all rights and obligations of the parties under this Agreement shall cease. If you have paid for a yearly subscription, and you cancel between the first and sixtieth day after the date the payment for services was received, you will be refunded for the entire year's subscription fees for the year in which you cancel, and will not be billed for the following years. If you have paid for a yearly subscription, and you cancel at any time other than during the sixty day period, you will not receive a refund for the year in which you cancel, but you will not be billed for any renewal years. Upon the expiration or other termination of this Agreement, all rights and obligations of the parties under this Agreement shall cease.
2. During the said term and for the consideration hereafter provided by the Organization/Person, AEA agrees to:
a. Provide to the Organization/Person the specific services specified on attached Appendix A, which by this reference is made a part hereof.
b. Provide and maintain the IowaPages software necessary for the said services.
c. Undertake reasonable efforts to provide electronic documentation and consultant services necessary to the Organization/Person to utilize the provided services.
d. Undertake reasonable efforts to maintain backups for information in the system.
e. Undertake reasonable efforts to maintain the security of information kept and produced for the Organization/Person under this Agreement and to prevent the release of such information to any person or entity outside of the Organization/Person without the express written consent of the Organization/Person.
3. In consideration for the services to be provided by AEA as above, the Organization/Person agrees to:
a. Make all payments to AEA for services as set forth in the payment schedule listed in Appendix A.
b. Abide by the rules, procedures, and policies reasonably established by AEA or its licensor with respect to delivery of IowaPages services.
c. Abide by and communicate to its staff the specific staff guidelines outlined on Appendix B.
4. The parties agree that AEA shall not:
a. Be liable for its failure to perform its promises hereunder due to any contingency beyond its reasonable control, including but not limited to acts of God or the public enemy, fire, explosion, accident, flood, drought, embargos, work stoppages, whether legal or illegal, shortages, action of any kind by a governmental authority, whether valid or invalid, delay or failure of contractors or suppliers of material, equipment, or computer time, delay or failure of the computer systems or carriers, or other difficulties with the computer system, or transportation, or any contingency, delay, failure or cause beyond AEA's control, whether or not of the kind specified herein.
b. Be responsible for loss of any information or data supplied by the Organization/Person resulting from the malfunction or shutdown of AEA's computers whether caused by human error, machine breakdown and malfunction, natural disasters or for any other reason whatsoever.
c. Be responsible for maintaining inactive accounts.
5. The Organization/Person agrees to indemnify AEA and hold AEA harmless from and against any and all claims, loss, liability and damage, including but not limited to special, indirect, and consequential damages, attorneys' and experts' fees and Court costs incurred by AEA, the Organization/Person, or any third party in any way arising out of or resulting from the relationship of the parties to this Agreement, the performance intended thereunder, or the failure of said performance.
APPENDIX A
Educator Accounts Annual Fee
Teachers can set up a free online classroom, portfolio, AND WebQuest web pages. 10 MB of space.
Number of Accounts Price
1-30 $15.00
31-125 $10.00
126+ $5.00
District Web Site Account Annual Fee
Purchase an account to create a web site for district-wide information. School sites and educator accounts are additional cost. 50 MB of space.
$500.00
School Web Site Account Annual Fee
Purchase an account to create a web site for school building related information. District site and educators accounts are an additional cost. 40 MB of space.
$300.00
Personal Purchase Annual Fee
Educators can purchase a personal account to create multiple web sites. 10 MB of space.
$45.00
Annual Fee for an Additional 10 MB per Account
APPENDIX B