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ELECTRONIC DATA INTERCHANGE AGREEMENT
ONLINE PQF APPLICATION

This Agreement is entered into between the Safety Council of Southwest Louisiana ("SCSWLA") and the Client Company ("Client") listed below.
"SCSWLA"
Safety Council SW LA
1201 Ryan St.
Lake Charles, La 70601

 
"Client"
Company Name:
Tax ID#:
Address:
City:
State:
Zip:
1. Effective Date:
This Agreement is effective as of 11/19/2017
2. Purpose
SCSWLA and CLIENT have entered into this Agreement in order to schedule CLIENT’s employees in safety and related classes offered by SCSWLA. SCSWLA and CLIENT have agreed to use the electronic exchange of information for the purpose of scheduling its employees for classes.
3. Payment:
CLIENT agrees to pay for all safety and related classes which have been electronically scheduled by the CLIENT’s employees.
4. System Operations:
Each Party, at its own expense, shall provide and maintain the equipment, software, telephone lines, modems and testing necessary to effectively and reliably complete electronic registration. Scheduling requests will be transmitted electronically to SCSWLA through a telephone line and modem accessing the SCSWLA scheduling database, or by accessing the SCSWLA Internet website. Each Party shall be responsible for its own acts or omissions while transmitting, receiving, storing or handling scheduling requests.
5. Safety Procedures
Each Party shall maintain and utilize such security procedures which are reasonably sufficient to insure transmissions of training requests are properly authorized and to protect its business records, passwords, codes and data from improper access.
6. Authorized Transactions
CLIENT shall be responsible for maintaining adequate security of its system access codes and passwords. SCSWLA shall be entitled to rely on scheduling requests, which appear to originate from CLIENT. The Parties agree that scheduling requests generated from CLIENT constitute evidence of an authorized transaction on behalf of the CLIENT.
7. Proper Receipt
Scheduling requests shall not be deemed to have been properly received until accessible by SCSWLA’s scheduling database. The originating party bears the risk the recipient may not receive a scheduling request or that a scheduling request may be unintelligible.
8. Verification
The CLIENT shall verify the scheduled classes are appropriate for its employees. The CLIENT shall verify with SCSWLA, the availability of space in the class and the appropriate date, time and place the class is to be held.
9. Cancellations
Cancellations must be received electronically or by telephone by 3:00 p.m. on the day prior to the scheduled class date and time. Cancellations received after the 3:00 p.m. deadline will be charged a no-show fee for the class(s) scheduled.
10. E-Mail Policy:
CLIENT’s participation in the Electronic Data Interchange program may allow CLIENT access to SCSWLA’s electronic mail system. CLIENT will comply with SCSWLA ‘s e-mail policy. SCSWLA’s E-Mail Policy is made part of this agreement and follows below.
12. Confidentiality
Information contained in scheduling requests or otherwise exchanged between the parties shall not be considered confidential.
13. Validity: Enforceability:
A. This Agreement has been executed by the Parties to evidence their mutual intent to create binding obligations pursuant to the electronic transmission and receipt of scheduling requests.

B. Any scheduling requests properly transmitted pursuant to this Agreement shall be considered, to be "in writing". And any such scheduling requests shall be deemed for all purposes (a) to have been "authorized" and (b) to constitute an "original" when printed from electronic files or records established and maintained in the normal course of business.

C. In connection with all scheduling requests and transactions under this Agreement, each party shall adopt a "signature" within the meaning of the Uniform Commercial Code.
14. Termination:
This Agreement shall remain in effect until terminated by either Party with no less than five (5) business days prior written notice. The written notice shall specify the effective date of termination. Any termination shall not affect the respective obligations or rights of the parties arising under any scheduling requests made prior to the effective date of termination.
15. Severability:
Any provision of this Agreement, which is determined to be invalid or unenforceable, will be ineffective to the extent of such determination without invalidating the remaining provisions of this Agreement or affecting the validity or enforceability of such remaining provisions.
16. Entire Agreement:
This Agreement constitutes the complete agreement of the parties relating to the matter specified in this Agreement and supersedes all prior representations or agreements, whether oral or written. No oral modifications or waiver of any of the provisions of this Agreement shall be binding on either party. No obligation to enter into any transaction is to be implied from the execution or delivery of this Agreement. This Agreement shall be binding upon the parties and their respective successors and assigns.
17. Governing Law:
This Agreement shall be governed by and interpreted in accordance with the laws of the State of Louisiana.
18. Force Majeure:
No party shall be liable for any failure to perform its obligations in connection with any transaction or any scheduling requests, where such failure results from any act of God or other cause beyond such party’s reasonable control (including, without limitation, any mechanical, electronic or communications failure) which prevents such party from transmitting or receiving any scheduling requests.
19. Limitation of Damages:
Neither party shall be liable to the other for any special, incidental, exemplary or consequential damages arising from or as a result of any delay, omission or error in the electronic transmission or receipt of any scheduling requests pursuant to this Agreement.
20. Mediation:
Any controversy or claim arising out of or relating to this Agreement, or the breach thereof shall be resolved exclusively through mediation.


The Safety Council of Southwest Louisiana
Electronic Mail System Policy

The Safety Council SW LA (SCSWLA) has established a policy with regard to access to access and disclosure of electronic mail messages created, sent or received by SCSWLA employees, vendors or customers using SCSWLA electronic mail system.

The SCSWLA intends to honor the policies set forth below, but reserves the right to change them at any time.
1. The SCSWLA maintains an electronic mail system. This system is provided by the SCSWLA to assist in the conduct of business within the organization.
2. The electronic mail system hardware is SCSWLA property. Additionally, all messages composed, sent or received on the electronic mail system are and remain the property of the SCSWLA.
3. The use of the electronic mail system is reserved solely for the conduct of business of the SCSWLA only. It may not be used for personal business.
4. The electronic mail system may not be used to solicit or proselytize for commercial ventures, religious or political causes, outside organizations, or other non-job related solicitations.
5. The electronic mail system is not to be used to create any offensive or disruptive messages. Among those which are considered offensive, are any messages which contain sexual implications, racial slurs, gender-specific comments, or any comment that offensively addresses someone’s age, sexual orientation, religious or political beliefs, national origin, or disability.
6. The electronic mail system shall not be used to send (upload) or receive (download) copyrighted materials, trade secrets, proprietary information, or similar materials without prior written authorization from SCSWLA management.
7. SCSWLA reserves and intends to exercise the right to review, audit, intercept, access and disclose all messages created, received or sent over the electronic mail system for any purpose. The contents of electronic mail property obtained for legitimate business purposes may be disclosed within SCSWLA without the permission of the employee.
8. The confidentiality of any electronic message should not be assumed. Even when the message is erased, it is still possible to retrieve and read that message. Further, the use of passwords for security does not guarantee confidentiality. All passwords must be disclosed to the SCSWLA or they are invalid and cannot be used.
9. Notwithstanding SCSWLA’s right to retrieve and read any electronic messages, such messages should be treated as confidential by other employees and accessed only by the intended recipient. Employees are not authorized to retrieve or read any e-mail messages that are not sent to them. Any exception to this policy must receive prior authorization by SCSWLA management.
10. Employees shall not use a code, access a file, or retrieve any stored information, unless authorized to do so. Employees should not attempt to gain access to another employee’s messages without the latter’s permission. All computer codes must be provided to supervisors. No pass code may be used that is unknown to SWSWLA.
11. Any employees who discover a violation of this policy shall notify their immediate supervisor or any member of SCSWLA management.
12. Any employee who violates this policy or uses the electronic mail system for improper purposes shall be subject to disciplinary action, up to and including termination of employment. In addition to disciplinary action, the Company may advise appropriate law enforcement personnel of any illegal acts.
13. Certain key customers and vendors have been assigned an e-mail box on the SCSWLA electronic mail system to expedite communications. All above policies apply to communications with or by vendors and customers.


Authorized Representative
Name:
Company Name:
By clicking "I agree", you certify that the information you have entered in the above fields is correct and that you agree to the terms and conditions listed above.