Terms and Conditions

1. GOODS AND SERVICES: For the purposes of this agreement, the applicant business is called client and The Barter Company, Inc., is called “TBC.” TBC shall make reasonable efforts to administer trade among clients, but does not guarantee that any particular client will abide by the terms of the client’s agreement or the Rules and Regulations of TBC. The client agrees and understands that TBC is a service organization whose purpose is to direct members to each other for trading. TBC shall bear no responsibility for the quality and condition of goods and services. The selling client is obligated to stand behind its goods and services as with any business transaction, and the purchasing client shall have no claim or setoff against TBC for the failure of any other client or clients to deliver goods or services or any other claims of any kind, in tort or contract, against another client. The injured client’s sole remedy and recourse shall be against the selling client. Additional accounts require $50 per account. 2. RELATIONSHIP WITH OTHER CLIENTS. A TBC client shall immediately identify himself/herself as a TBC client upon initially contacting any other client for the purpose of purchasing goods and/or services. Each client shall treat the other client in the same manner, with the same professionalism, and priority as with any business customer. All trades with other TBC members must be done through the exchange. 3. PRICING: Client shall sell all its goods and/or services at the same retail price as client charges to the general public. All goods and services shall be sold at 100% trade (TBC) unless previous written approval is arranged through TBC office. 4. TRADING PROCEDURES: Upon making a purchase, the purchaser shall present TBC ID CARD with a valid expiration sticker to the seller who shall call TBC to verify the client’s account status and obtain an authorization code for the amount of the transaction. AN AUTHORIZATION CODE IS REQUIRED ON ALL TRANSACTIONS. Any disputed transaction must be in writing to TBC, by certified mail return receipt, within 60 days of the disputed billing, otherwise all transactions will be valid. In your letter give us the following information: Your account number, The amount of your suspected error, Describe the error and explain. TBC will acknowledge your letter within 30 days, unless we have corrected the error by then. Within 90 days, we must either correct the error or explain why we believe the bill was sent. 5. APPROVAL OF TRANSACTIONS: TBC, at its option, may place a temporary freeze on a client’s account expenditures when TBC, in its sole discretion, determines that the client is insolvent, or likely to become insolvent, or is or has become a serious credit risk, or the client has failed or refused to abide by TBC Rules and Regulations. 6. CLIENT ACCOUNT CANCELLATION: TBC and/or the client has the option to cancel the client’s TBC account at any time by a thirty (30) day written notice to the other. Written notice shall be directed to TBC at the address on the front portion of this agreement. If a positive trade balance exists in the client’s account, TBC will require that the cash service fee be paid in advance by the client for this trade balance and that the trade balance be spent out of the client’s account. If a negative trade balance exists in the client’s account, TBC will require that the client pay the balance immediately in cash. If the business is a corporation, the person executing this application and agreement does guarantee the debt personally and does waive any necessity of TBC to proceed with its claim against the corporation, either first or concurrently, as a condition precedent to bringing any action against the person or persons executing this application and agreement. The client agrees that any action brought by either TBC or the client to enforce or construct any term of this agreement or arising out of any trade transaction by or with the client, must be brought in Cherokee County, Georgia. 7. GUARANTY: If the client is a corporation, the person executing this application and agreement does guarantee the debt personally and does waive any necessity of TBC to proceed with its claim against the corporation, either first or concurrently, as a condition precedent to bringing any action against the person or persons executing this application and agreement. 8. FEES AND BILLING: Charges billed on monthly statements “or other cash or trade charges” shall be automatically charged to the credit or charge card indicated on the application, if not paid within ten (10) days after the receipt of the monthly statement or “account cancellation”. If the charges are denied or the card expires, the client must give TBC a new card or expiration date within 10 days or a $10.00 additional fee will be charged per month in cash and trade.   Transaction Service Fee: This fee is charged to the client based upon transactions made with other TBC clients and is calculated at 7-1/2% cash for each purchase or sale transaction. This fee is payable on all trade and any cash portion of any transaction. Purchases in excess of $1000 may require cash fees to be paid in advance. There will be a $5 per day booking fee charged for making out of town reservations. Reservations cannot be cancelled and no refunds will be given. Account Administration Fee: This fee is an administration fee charged to each client in the amount of; For Plan I, $20 per month cash and $20 per month in trade credits; For Plan II, $10 per month cash and $10 per month in trade credits. Interest Charges: An additional .83% monthly fee (APR-10%) in trade dollars shall be charged to the account for a deficit balance in the trade portion of the account. 1-1/2% monthly fee (APR-18%) in cash shall be charged on the account for any past due cash fees due on the account. Trade dollar fees due shall be automatically deducted from the client’s account, the client’s account frozen and no trade dollars shall be spent until the cash fees are paid in full. In the event of collection pursuant to this agreement client agrees to additionally pay attorneys fees and expenses in the amount of 15% of the amount owed. 9. GENERAL: “The Barter Company” TBC client shall indemnify and hold TBC, its agents, officers, directors and employees, harmless from any and all loss, expense and damages, including, but not limited to, attorney’s fees, court costs and litigation expenses, paid or incurred as a result of TBC’s relationship with the client, including but not limited to “collection costs”, attorney fees, court cost and litigation expenses related to the neglect or refusal of the client to comply with the Application and/or TBC Rules and Regulations (current or as amended or supplemented). The current and effective Rules and Regulations are printed on the back of the most recent revision of Client Application. Additionally they are available to the client upon request.   This agreement cannot be assigned, transferred, or sold without prior written consent of an official of TBC and is binding upon the heirs, successors, assigns, and administrators of the client business and guarantor. This agreement cannot be amended verbally; any exceptions to the agreement shall be in writing from an authorized representative of TBC.