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EXHIBIT 10.30
Visionary Forecasting
New Client Information Package
Client no._____________
Acc. no.______________
(office use only)
SERVICE AGREEMENT
Store name (dba) _______________________________________________________________
Full legal name of business (if different) ____________________________________
Invoicing address ___________________________________________________________
City _______________________________ State ______ Zip code _________________
(9 digit zip code
required)
Store phone no. ( ) ____________________
Owner's name (Mr., Mrs., etc.) M________________________________________________
Home Address _________________________ City __________ State ____ Zip_______
Home phone no. ( ) ___________________
Analyst name _________________________________________ Analyst # ______________
Effective start date __________________________________________
TOTAL NUMBER OF CLASSIFICATIONS: PLANNED _______ NO OPEN-TO-BUY _______
VISIONARY FORECASTING MONTHLY FEE:
Magellan Forecast fee $ ___________
Galileo Forecast estimated monthly fees $ ___________
Estimated monthly consulting fee $ ___________
Sales tax (if applicable;__________%) $ ___________
TOTAL MONTHLY FEE $ ___________
PROGRAMMING SET-UP FEE:
Programming set-up fee (twice the monthly fee) $ ___________
Sales tax $ ___________
TOTAL PROGRAMMING SET-UP FEE $ ___________
Note: The fee for the first monthly plan is in addition to the
programming set-up fee
Note: Client is responsible for shipping and handling charges.
TOTAL FEES TO COMMENCE SERVICE $
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SENT WITH SET UP PACKAGE:
Check number # __________ Check amount $ ___________
(1) Forseon Corporation, dba RMSA, has been retained by the above-named
client to provide merchandise forecasting services on a non-exclusive
basis. This service consists of a comprehensive analysis of amounts of
merchandise to be purchased (open-to-buy) by classification. RMSA's
services do not include merchandise selection, sales efforts, customer
service, operating expense control and other activities, which are
exclusively
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Visionary Forecasting
New Client Information Package
the responsibility of the client. Implementation, acceptance, or
rejection of RMSA's open-to-buy is a business decision to be made by the
client and the client accepts full responsibility for the results of
this and any other business decisions that it makes.
(2) Client agrees to allow RMSA to use its name(s) in RMSA's promotional
material (strike through if not applicable).
(3) A finance charge of the lesser of: the maximum rate permitted by law, or
1 1/2% per month (18% ANNUAL PERCENTAGE RATE) will be assessed on all
past due fees.
(4) 30 day written notice is required to cancel this Service Agreement.
SEE ADDITIONAL TERMS AND CONDITIONS ON REVERSE
Original to: Accounting Copy to: Sales, Receptionist, Data Processing
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Visionary Forecasting
New Client Information Package
ADDITIONAL TERMS AND CONDITIONS OF THE VISIONARY FORECASTING SERVICE
(CONTINUED FROM FRONT)
DISCLAIMER AND LIMITATION OF LIABILITY. RMSA MAKES NO REPRESENTATION OR WARRANTY
OF ANY KIND, EXPRESS OR IMPLIED (EITHER IN FACT OR BY OPERATION OF LAW), WITH
RESPECT TO THE SERVICES PROVIDED UNDER THIS AGREEMENT. FURTHERMORE, RMSA DOES
NOT WARRANT OR GUARANTEE IN ANY WAY THAT IMPLEMENTATION OF RMSA'S
RECOMMENDATIONS WILL RESULT IN IMPROVED SALES, CASH FLOW, INVENTORY TURNOVER OR
PROFITS. NO REPRESENTATIVE OF RMSA IS AUTHORIZED TO MAKE ORAL OR WRITTEN
WARRANTIES, PROMISES OR REPRESENTATIONS WITH RESPECT TO SERVICES RENDERED UNDER
THIS AGREEMENT AND NONE SHALL BE BINDING UPON RMSA. RMSA SHALL IN NO EVENT,
INCLUDING A CLAIM OF NEGLIGENCE, BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL
OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS) IN
CONNECTION WITH SERVICES RENDERED UNDER THIS AGREEMENT. THE TOTAL AMOUNT OF ANY
AND ALL ACTUAL, PUNITIVE OR EXEMPLARY DAMAGES RECOVERABLE UNDER THIS AGREEMENT
SHALL BE LIMITED TO THE TOTAL OF ALL AMOUNTS PAID BY THE CLIENT TO RMSA AS FEES
UNDER THIS AGREEMENT DURING THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING
THE FILING OF A CLAIM FOR DAMAGES HEREUNDER BY THE CLIENT.
LEGAL FEES. In the event that any legal action is initiated to enforce any
provision of this Agreement, the successful or prevailing party shall be
entitled to collect reasonable attorneys' fees and costs incurred in such
action.
OTHER PROVISIONS. No variation or modification of this Agreement or waiver of
any of the terms or provisions hereof, shall be deemed valid unless it is in
writing and signed by an executive officer of RMSA, and specifically references
this Agreement. Failure by either party to enforce any term hereof shall not be
deemed a waiver of future enforcement of that term or any other term. If any
provision of this Agreement is held invalid under any applicable statute or rule
of law, such invalidity shall not affect the validity or enforceability of other
provisions of this Agreement and to this end the provisions of this Agreement
are declared to be severable. This Agreement constitutes the entire agreement
between the parties with respect to the subject matter and supersedes all prior
agreements and undertakings, written and oral. No representations, covenants,
undertakings, or prior or contemporaneous agreements, oral or written,
respecting the subject matter of this Agreement not contained herein shall be
deemed in any way to exist or bind any of the parties hereto. Each party to this
Agreement acknowledges that it has not executed this Agreement in reliance on
any such promise, representation, or warranty. This Agreement and the rights,
duties and obligations hereunder may not be assigned by any party without the
written consent of the other party. RMSA shall not be held liable or responsible
for delays in performing or failures to perform to the extent that such delay or
failure results from any cause beyond RMSA's control including, without
limitation, delays caused by the client, any third party, acts of God, labor
disputes, government laws or regulations, public disorders, fire or explosion.
This Agreement is to be construed and interpreted in accordance with the
internal laws of the State of California.
(RMSA Riverside use only)
Client signature ______________________ Signature ____________________________
Client name (print)____________________ Name (print) _________________________
Title _________________________________ Title _______________________________
Date __________________________________ Date _______________________________
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