HomeMy WebLinkAboutSHRED IT DOCUMENT DESTRUCTION - CONTRACT - CONTRACT - MISC SHREDDING AGREEMENT09/17/2007 12.58 3032939310 PAGE 02
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DOCUMENT DESTRUCTION.
DONE SIG.,I9'r. ON SITE.
CUSTOMER SERVICE AGREEMENT
This CUSTOMER': EWCE AGREEMENT (the "A reement") between Pro Data Management d/b/a
Shred -It ("Shlred•i ") and ,4 („Customer") takes effect on /tL , 200.!L,� (the
"Effective Dalle") +4,4wzzI _UT
F2D / tir"l
In consideratirin of he piomises set forth in this Agreement, the parties agree as follows
Definition i For purposes of this Agreement, the terms set forth below will have the following meanings.
1.1 A ,'ertificate of Destruction" is a document that Shred -it provides to Customer as confirmation that the
Di i wment Destruction Process, as described in Section 2 2, has been completed with respect to certain
Co ifidential Materials
12 "C mfidential Materials" are any matenals, including documents, that are placed within Shred -it's Locked
Sf , .unty Consoles located on Customer's business premises
1.3 "t i cked Security Consoles" are secured storage containers designed for the day-to-day collection and
stu age of Customer's Confidential Materials
14 'T iredded Material' consists of the waste material that is produced by Shred -it's mechanical shredding
de' ices during the Document Destruction Process
$bred -,it Si rvices, Shred -it will provide the following services to Customer (the "Services")
2.1 Eq iipment, Shred -it will provide and maintain a reasonable supply of Locked Security Consoles and
of 1 :r rel ated equipment for the collection and storage of Customer's Confidential Materials
2.2 Do :ument Collection and Destruction. Shred -it will, (a) physically collect Customer's Confidential
M a enals on a regularly scheduled basis, to be mutually determined by Shred -it and Customer, and (b)
uF i n physical collection of the Confidential Materials, destroy, on or in reasonable proximity to
Ci i Itomer's business promises, the Confidential Materials through use of mechanical shredding devices
(th , "tocument Destruction Process")
23 Co tification. At the conclusion of the Document Destruction Process, Shred -it will immediately provide
Cii ;tomer with a Cerhficate of Destruction
2,A In! pection Rights. Upon Customer's request, an authonzed representative of Customer may, at any
fir i, inspect the Document Destruction Process
2.5 Du :ument Disposal and Recycling. Shred -it will recycle or otherwise dispose of Customer's Shredded
M . enal in the ordinary course of Shred -it's business
Dwnershil: of Equipment The Locked Security Consoles and any other equipment provided to Customer by
Shred it wi I at all times remain the property of Shred -it Customer will have no interest in or rights to the Locked
Secur ty C isoles or the other equipment provided by Shred -it
Damaged I !qurpment. Customer will fully compensate Shred -it for any damage to, or loss of, the Locked Security
Consrles o any other equipment supplied to Customer by Shred -it, except for any equipment loss or damage
directly cari led by Shred -it, which loss or damage shall be Shred -it's responsibility.
09/17/2007 12 58 3032939310
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5. Service Fei Asa "Service Fee," Customer will pay Shred -it the greater of (a) $ ✓` per service visit, or (b)
ier minute spent by Shred -it in document collection, destruction and other related Services during the
month on Y` iich the Service Fee is based Customer will pay the Service Fee within 30 days of receiving an invoice
for Seance, upon which the Service Fee is based (the "Due Date") In the event Customer is required to pay a
Service Fei i for each remaining month of the then -current term of this Agreement pursuant to the, terms of either
Section 8 e r Section 9, the Service Fee charged to Customer for each remaining month of the Agreement will be
equal in tho grealer of: (a) the average monthly Service Fee assessed to Customer for all prior months of the
then -Griner I term of the Agreement; or (b) the average monthly Service Fee assessed to Customer during the
immedi atel,1 preceding term of the Agreement, 0 any
6. Late F!i,es i rid Interest Any outstanding balance on Customer's account, including without limitation any Service
Fee rei naim ig unpaid after the Due Date, will bear interest at the lesser rate of (a)1 5% per month or 18% per
annum, or I I ) the maximum rate permitted by law.
7 Adjusimer I of Fees. In the event the Initial Term provided in Section 8 is for a period of 2 years or longer, Shred -it
reservers th, right to modify the agriount of the Service Fee from time to time; provided that Shred -it will not increase
the service I se by more than % during any given 12 month period
8 Term uF Ail eement. This Agreement will remain in force for a term of -4 year(s) (the "Initial Term"), and will
automaiticall , renew for an unlimited number additional one-year terms (a "Renewal Term") unless terminated by
either party )y written notice, at least 30 days prior to the expiration of either the Initial Term or of any Renewal Term
Within 10 0- ys of termination by either party pursuant to this Section 8, Customer will pay Shred -it in full for any and
all outi,land l ig balances for Services performed by Shred -it prior to termination of the Agreement. In the event
Custor ier to minates this Agreement prior to the completion of the Initial Term, or of any Renewal Term, Customer
will pay Shi (d-it, in addition to other amounts owed to Shred -it, a Service Fee for each remaining month of the
then-curren t term of this Agreement
9. Defauill ani I Termination. If either Customer or Shred -it breaches this Agreement by failing to perform any of their
respective a rligations under this Agreement, -the nonbreaching party reserves the right to suspend performance of its
obligat rms . rider this Agreement and/or to terminate this Agreement by providing 30 days written notice of
termma113on I ) the party in default, Customer will, within 10 days of receiving notice of termination from Shred -it, pay
Shred-1 in it II: (a) any and all outstanding account balances for Services performed by Shred4t prior to termination of
the Agoeem: nt; and (b) a Service Fee for each remaining month of the then -current term of this Agreement
10. Excusod P: rforniance. Shred -it will not be in breach for failure to comply with the provisions of this Agreement
where'3hre, -its failure is due to circumstances beyond Shred -it's reasonable control including without limitation
strikes, war, riots, civil commotion, fires, natural disasters and acts of government
11 Assignmerr , Customer will not assign this Agreement without the written consent of Shred -it,
12' Miscell ane : us. No amendment to this Agreement or waiver of the rights or obligations of either party is effective
unless in wit ing signed by the parties. If any provision of this Agreement is held invalid or unenforceable by any
court oll cori )etent jurisdiction, the other provisions of this Agreement will remain in full force and effect. Any
provision of his Agreement held invalid or unenforceable only in part or degree will remain in full force and effect to
the exhort r r t held invalid or unenforceable, This Agreement contains the entire agreement and understanding of
the parties r, mcerning the subject matter of this Agreement
The parties,
Shred. -It
By -
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lave yCecuted this Agreement as of the date first written above.
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