Exhibit 10.14
[MidNet LOGO]
LOCATION ORDER FORM (CANADA)
MidNet (Canada), Inc.
000 - 0000 Xxxx Xxxxxxxx Xx. Xxxxxxxxx XX X0X 0X0
Phone 000.000.0000 Fax 000.000.0000
THIS AGREEMENT, WHICH INCLUDES AND INCORPORATES BY REFERENCE THE TERMS AND
CONDITIONS OF SERVICE ATTACHED HERETO (WHICH ARE SUBJECT TO CHANGE AT ANY TIME
WITHOUT PRIOR WRITTEN NOTICE, AT MIDNET'S SOLE DISCRETION), SETS FORTH THE TERMS
AND CONDITIONS UNDER WHICH THE PARTIES AGREE THAT MIDNET WILL PROVIDE CERTAIN
SERVICES TO CUSTOMER ACCORDING TO THE SPECIFICATIONS OUTLINED BELOW.
By signing the Location Order Form and/or using the Service, Customer accepts
the terms and conditions of this Agreement and agrees to pay MidNet for said
Service. Upon MidNet's acceptance of the order, MidNet installs or activates a
Network End Point and delivers to Customer a Service Activation Notice, thus
commencing the Acceptance Period that leads to the Service Activation Date,
which shall be the beginning of the Service Term. Orders based on the Location
Order Form are not binding upon MidNet until accepted by MidNet. MidNet may
invoice parts of an order separately. MidNet bills in advance for Service to be
provided during the upcoming month, except for charges which are dependent upon
usage of Service, which are billed in arrears. MidNet reserves the right to
examine the credit record of Customer and to require a security deposit as a
precondition to delivering or continuing the Service.
STARTING ON THE SERVICE ACTIVATION DATE, CUSTOMER IS RESPONSIBLE FOR ALL CHARGES
ATTRIBUTABLE TO CUSTOMER INCURRED FOR SERVICE ORIGINATING FROM OR TERMINATING AT
THIS NETWORK END POINT, EVEN IF SUCH CHARGES INCURRED ARE THE RESULT OF ERROR,
OMISSION, OR FRAUDULENT OR UNAUTHORIZED USE OF SERVICE. Charges for Service will
be applied to the account identified by Customer on the Location Order Form or
during the connection setup. If Customer applies charges for Service to an
account of another MidNet customer (including but not limited to the recipient
of a file, the originating or terminating end of a connection, a third-party
service provider, or a project account) and the owner of that account disputes
these charges and/or refuses to pay these charges to MidNet, MidNet reserves the
right to invoice Customer for any such charges incurred for Service according to
the rate card in effect at the time the Service was performed, plus interest on
all amounts past due at the interest rate listed in the Terms and Conditions.
THIS AGREEMENT AND ANY SALES THEREUNDER SHALL BE DEEMED TO HAVE BEEN MADE IN THE
PROVINCE OF BRITISH COLUMBIA AND SHALL BE CONSTRUED AND INTERPRETED ACCORDING TO
THE LAWS OF THE PROVINCE OF BRITISH COLUMBIA AND THE APPLICABLE LAWS OF CANADA.
THE PARTIES HEREBY AGREE TO THE NON-EXCLUSIVE JURISDICTION OF THE COURTS OF THE
PROVINCE OF BRITISH COLUMBIA.
Customer Information: Account Information: Acct # To be Assigned
Legal Name: Xxxxxx Technologies Inc. (*) New Account
DBA: Xxxxxx Technologies Inc. ( ) Existing Account
Address 1: 000, 000 - 0xx Xxxxxx X.X.
Address 2: Billing Contact Information:
City: Calgary
Province: Alberta Name: Xxxx Xxxxxxxx
Postal Code: T2P 0M2 Title: Manager, IT Infrastructure
Phone: 000-000-0000 Phone: 000-000-0000 (130)
Fax: 000-000-0000 Fax: 000-000-0000
Email: xxxxx@xxxxxx.xxx
Network End Point Information: Specify Floor and Suite: 6th Floor Datacenter
(*) Same as Customer address
Type: These premises are:
(*) Customer premises
( ) MidNet co-location facility ( ) owned by Customer, or
(*) leased or rented until: _____________
Name: as above
Address 1: " " If building or space is rented or leased :
Address 2: " "
City: " " ( ) A) Customer agrees to obtain written
Province: " " permission from landlord to access and use
Postal Code: " " building entrance and riser facilities for
Phone: " " installing telecommunications circuits and
Fax: " " equipment, or;
(*) B) Customer authorizes MidNet to obtain such
permission from landlord on behalf of
Customer.
Site Contact For Installation:
Name: Xxxx Xxxxxxxx
Title: Manager, IT Infrastructure
Phone: 000-000-0000 (130)
Fax: 000-000-0000
Email: xxxxx@xxxxxx.xxx
Other Service Location Information:
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SERVICE INFORMATION (VERIFICATION PHASE ONLY):
1. THE MIDDLE NETWORK(SM) COMMUNITY - Development Phase, Oil & Gas Sector
Customer desires to connect to the prospective subscriber(s) indicated
below:
[None indicated]
2. SERVICE TERM: THREE MONTHS
The Service Term is: (*) A) Fixed and terminates at the end of the
Service Term, or;
( ) B) Automatically renews unless
terminated by either party giving
written notice ninety (90) days prior
to the ending of the Service Term then
in effect.
3. THE MIDDLE NETWORKSM INSTALLATION & CONFIGURATION CHARGES US $ NA
4. THE MIDDLE NETWORKSM SUBSCRIPTION FEE - Development Phase
Subscription fees during the development phase are $500.00 per month for a
minimum of three (3) months. Maximum Data Traffic Volume - Ten (10)
Terabytes per month. US $500 per mo.
5. THE MIDDLE NETWORKSM USAGE FEES - Private VPN to NOT APPLICABLE
Maximum Data Traffic Volume - Seven Hundred and Forty (740) Gigabytes per
week. US NA per wk.
6. FEES AND CHARGES BEYOND THE DEVELOPMENT PHASE
Actual data traffic activity and consultation during the development phase
will be used to establish the subscription fee, charges for Service, and
monthly minimum commitments, beyond the development phase. Underutilization
charges and termination charges may apply pursuant to the Terms and
Conditions of this Agreement.
7. TAXES AND EXCHANGE RATES
Fees and charges will be calculated in US Dollars per MidNet's prevailing
rate card. Invoice amounts will be converted to Canadian Dollars utilizing
the Bank of Canada's published closing rate for the previous business day.
Fees and charges do not include applicable taxes. Any applicable taxes will
be calculated on the Canadian Dollar amount.
Customer Signature: Accepted by MidNet (Canada), Inc.:
I have read and I understand this
Agreement, I agree to its Terms
and Conditions, and I am
authorized to bind Customer.
Name: Xxxxx Xxxxxxx Name: Xxxx Xxxx
Title: President & CEO Title: Chief Operating Officer
/s/ Xxxxx Xxxxxxx /s/ Xxxx Xxxx
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Signature Signature
Dated for reference: July 23, 2004 Dated for reference: July 27, 2004
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