| Learningwire.comTM Terms of Service |
| |
| Whereas
Learningwire.comTM is a division of n-Gen Solutions.com, Inc.
incorporated as a Delaware Corporation; |
| Whereas
Learningwire.comTM is engaged in the service of selling certain
products to schools, school districts, government agencies, and
individuals online; |
| Whereas
Learningwire.comTM desires to provide an Academic Rebate
Program to schools and school districts as a free service with no
obligation; and |
| Whereas
Learningwire.comTM desires to provide a
SmartRewardsTM to all customers of
Learningwire.comTM to benefit all registered
schools. |
| Learningwire.comTM sets the following terms and
policies to assist our customers and provide the highest quality of
customer service within reasonable acceptable business
practices: |
| |
| General
Terms |
| All
customers using purchase orders will be invoiced only via electronic mail
as soon as an item is shipped. |
| All
customers must provide an electronic mail address for the person
authorized to purchase. Payment and maintenance of accurate information
are the sole responsibility of the customer. Learningwire.comTM
assumes no responsibility for inaccurate billing due to inaccurate
customer account information. |
| Items
purchased from Learningwire.comTM are made pursuant to the
shipment contract with the shipping carrier. Contract is assumed to be
made and entered into by placing and requesting shipment of an item to the
customer. This means that the risk of loss and title for such items passes
to the customer upon delivery from the carrier. |
| Terms of
payment are Net-30 days. A finance charge of 1.5% per month (18% per
annum) will be assessed on any outstanding balance beyond the original
Net-30 terms. If it becomes necessary to place the customer account in the
hands of an attorney for collection, the customer will be responsible for
all costs of collection incurred, including attorney's fees in addition to
any delinquent amount. |
| At this
time, Learningwire.comTM will provide toll-free telephone
support for both technical and customer service issues. |
| Learningwire.comTM will provide at no charge electronic
mail and Web technical support which will include FAQ's via
Learningwire.com'sTM web site. |
| By using
Learningwire.comTM the customer understands that items within
one order may be shipped from multiple warehouses to ensure timely
delivery and availability of product selection. Multiple shipments may not
arrive at the "Ship To" location specified at the same time. Customer
assumes responsibility for receiving and processing the
order. |
| Learningwire.com'sTM Terms of Service are subject to
change without notice. |
| |
| Academic
Rebate Program |
| Learningwire.comTM offers a special program to benefit
schools and school districts. In addition to our SmartRewardsTM
program for schools, all purchases attributed to a participating
SmartRewardsTM school are in turn attributed to the district
that school is a member of if the two following conditions are
met: |
- The school district has completed the sign-up process and been
verified as a school district by our Customer Care representatives, and
- The participating SmartRewardsTM school has designated
the participating school district as the beneficiary of additional
Academic Rebates that are refunded directly to the district on a
quarterly basis (see Table A-2 below).
|
| Learningwire.comTM endeavors to provide cash rebates
based upon the aggregate purchasing volume of a school district to include
the purchasing by individuals, schools, businesses or government agencies
that indicate in their sign-up process that they would like to donate a
portion of their purchases to a school who has completed a sign-up and
indicated that they are a member of a school district. |
| If you are
one of the school districts that has become a member of
Learningwire.comTM, the school district will receive a
percentage of all purchases made by the participating district. This
includes all participating schools which are registered as members of that
district, and families, and local businesses that purchase and attribute
those purchases to one of the participating schools listed as members of
the school district equal to the amount shown in Table A-1. |
| Learningwire.comTM has developed four membership levels
based upon the amount of purchasing that the entire school district
(including businesses, families, and schools) obtains per
year. |
| |
| TABLE A-1 |
| Bronze Learners |
$20,000 - $349,000 |
1% of
all purchases |
| Silver Learner |
$350,000 - $749,000 |
2% of
all purchases |
| Gold
Learners |
$750,000 - $1,000,000 |
3% of
all purchases |
| Platinum Learners |
$1,000,000 or more |
4% of
all purchases | |
| |
| These
percentage rates are introductory rates and Learningwire.comTM
reserves the right to change these applicable rates at any time without
notice. Participating schools will receive an additional percentage of
their total purchases as well as purchases made by individuals and
businesses through the SmartRewardsTM program. This additional
percentage is offered through the SmartRewardsTM program to
schools and it is not negotiable and cannot be exchanged for cash. It is
solely intended to be applied to future purchases on
Learningwire.comTM and cannot be applied towards purchases at
any other retail stores or online stores. |
| If a school
district obtains one of the four membership levels, the district will be
paid a rebate based on Table A-1. A school district's membership level is
figured by the average aggregate volume level achieved over the last four
quarters. |
| Rebate
checks will be distributed automatically to the attention of the main
school district account holder and sent to the school district billing
address at the end of the quarter following the quarter in which the
purchases were made. Quarters are defined by the schedule in Table
A-2. |
| |
| TABLE A-2 |
| Quarter 1 |
January 1 - March 31 |
| Quarter 2 |
April
1 - June 30 |
| Quarter 3 |
July
1 - September 30 |
| Quarter 4 |
October 1 - December 31 | |
| |
| Learningwire.comTM makes no guarantee that the school
district will earn any proceeds from this program. Success with this
program is contingent upon the school district's efforts to promote the
use of the purchasing service to it's member schools, local businesses,
and families. |
| School
districts are under no obligation to purchase anything at any time from
Learningwire.comTM. |
| |
| SmartRewardsTM |
| SmartRewardsTM is a program exclusively designed by
Learningwire.comTM to benefit schools by contributing a portion
of all purchases to the school in the form of
Learningwire.comTM SmartRewardsTM "currency" that
can be applied to future purchases only on Learningwire.comTM.
To be qualified as a participating SmartRewardsTM school, the
following condition must be met: |
- The school has completed the sign-up procedure on
Learningwire.comTM with accurate information and has been
verified as a school by our Customer Care
representatives.
|
| Warranty
Terms |
| If a
customer has an issue with any item that is covered by the manufacturer
warranty policy, the customer will need to contact the manufacturer
directly. |
| Purchase
orders from the site must be paid promptly after receipt of order.
Accounts that have not been paid within 30 days from the date of the
invoice will be placed on hold, and will be held until a customer service
representative has re-evaluated the customer's account and activated it
for purchase order processing. |
| For orders
placed with Learningwire.comTM using purchase orders, payment
in full must be received within 30 days from the date of the
invoice. |
| Learningwire.comTM will make all reasonable efforts to
ship products in a timely manner. |