For the purpose of this agreement Trade Business Exchange Canada Inc will be referred to as TBE and you the applicant will be referred to as the client. The following will outline Trade Business Exchange Canada Inc. (TBE) policies. As a member you the client agree to abide by all the policies outlined.
1) The client agrees to pay a monthly maintenance fee of $20 cash and $20 TBE$ plus all applicable taxes. A fee of 1.8% trade (TBE$) compounded per month will be charged on all overdrawn trade accounts. The client agrees to pay TBE a transaction fee of 7.5% of all sales and 7.5% of all purchases plus all applicable taxes billed monthly. Payment of all cash fees to TBE by the client will be made by valid credit card or automatic bank debit preauthorized by the client, billed monthly. TBE will charge the clients account automatically for any and all outstanding cash fees monthly. All payments are due upon receipt of the monthly statement. The cash transaction fee applies to any and all sales and purchases entered into by the client. The transaction fee applies to the gross value of the individual transaction including all applicable taxes. Every transaction the client enters into involving TBE trade dollars is subject to the regular transaction fees. All payments are for processing a clients membership into the trade exchange system, maintaining records of such transactions and assisting the clients use of the trade exchange system. All fees are in lawful Canadian dollars.
2) The selling client may enter into a transaction sale to a buyer who does not hold a TBE card however the seller does so at it's own risk. The buying client must have a valid signed TBE account card in good standing in order to make a purchase. Any cards issued to the clients account are the sole responsibility of the client who executed this agreement. Several trade account cards may be issued to the client provided TBE receives a written request to do so. From time to time clients may request additional cards verbally it is TBE's right to accept or decline such requests at its own discretion.
3) In order for a selling client to receive credit for a transaction the seller must obtain the following: i) A valid authorization number from the TBE office. ii) The buyers signature on the TBE transaction slip and or other documentation such as a contract, estimate or purchase order clearly outlining acceptance by the buyer of the goods or services and the buyers TBE account number clearly stating payment to be made with TBE trade dollars including the amount of the transaction. iii) A disputed purchase by the buyer will be automatically reversed by TBE within 6 months of the date which the transaction appeared on the TBE statement unless the seller provides TBE a copy of a signed TBE transaction slip or valid supporting documentation forwarded to TBE within 10 days of notice of such request from TBE or the courts order TBE to reverse such transaction. After six months a transaction can not be reversed without the consent of the seller or court order. TBE reserves the right to charge the regular cash transaction fee on such reversal requests.
4) TBE will continue to make its best reasonable efforts so solicit new businesses to enter the trade exchange system. From time to time goods and services may not be available within the trade exchange system. It is not the obligation of TBE to provide such goods and services the client understands this risk and saves TBE harmless from any and all liability resulting from its inability to provide such goods and services.
5) The selling client must furnish all labour and materials at 100% trade at all times. The seller must enter a transaction with the buyer at their normal prevailing everyday prices. Any client who does not abide by these policies is subject to immediate termination. Any and all cash transaction fees owing, trade deficit owing and maintenance fees owing become payable and due in full in cash upon such termination.
6) Purchases by a client are limited to the amount of trade dollars they have in their TBE account plus any overdraft limit (line of credit). Any client may wish to apply for further credit facilities by signing an application for credit which is subject to the approval of TBE at its own discretion. Any and all credit limits are personally guaranteed by the client. Any credit limit or overdraft may called due at any time at the sole discretion of TBE at which time the client must repay such deficit amount including all overdraft interest and penalties in cash within 10 days of receipt of request from TBE. TBE reserves the right to extend further credit to good standing clients from time to time without written applications from the client.
7) Any client may suspend its own selling status at any time by placing its account on standby provided their account is in a positive trade balance, current cash fees owing are paid and TBE receives 30 days written notice in order to notify its clients of the change in status. Clients in a deficit trade balance requesting to go on standby, refusing sales to other TBE clients and or charging part cash are in breach of this agreement and must pay their deficit balance in cash immediately to TBE upon written request from TBE of such breach.
8) TBE reserves the right to adjust any clients cash balances with their trade accounts. TBE may take any reasonable action deemed necessary to collect trade accounts in cash including but not limited to automatically charging the clients bank account or credit card for such payment.
9) TBE dollars have no cash value and may not be redeemed for cash. The trade dollar is not considered a security, commodity or legal tender. However tax authorities require that all clients treat the trade dollars the same as cash for taxation purposes. This is the obligation of the client not TBE.
10) Membership in TBE may not be transferred, sold or assigned in any manner without the prior written consent and approval of TBE.
11) All transactions entered into by the client must be reported to all local, municipal and federal tax authorities including but not limited to appropriate sales excise taxes and HST this reporting obligation rest solely with the clients. Barter or trade sales are taxable events for municipal, provincial and federal tax purposes. Should law require TBE to report municipal, provincial, federal or other taxes on behalf of the client, to obtain information or identification and report trade sales in any way whatsoever, the client agrees to save TBE harmless from any such compliance with the laws.
12) Trade transactions are entered into on a voluntary basis by the client and TBE acts as a third party record keeper of such transactions. TBE does not warranty or guarantee or take responsibility for the quality, timely delivery, or any other matter regarding the transaction entered into by the client. TBE may from time to time refer clients to other clients but does not assume responsibility. All clients must use caution when entering into a transaction on trade as they would for conventional cash. TBE is acting in a brokerage capacity and as a result the client holds TBE harmless of any and all liability resulting in any claim, debt or dispute between clients arising from a trade transaction wherein the client is a buyer or a seller.
13) All cash transaction fees are due upon receipt of the TBE monthly statement. If payment by cash or cheque is not received by the last day of the month that the statement is received than TBE will charge either the clients major valid credit card on file or automatically charge the fees to the client with an automatic bank debit (void cheque from the client on file). TBE has the right to suspend all trading privileges of the client whose account is not paid by the last day of the month that the statement is received. A late payment charge of 1.5% will be levied against the client on the last day of the month if payment is not received from the client. TBE has the right to suspend all trading privileges and hold the clients trade balance until cash fees are paid current. After 90 days past the billing date if the cash fees are in arrears TBE has the right to take the trade balance of any client and the client forfeits their right to hold such balance. Any client that has a cheque returned NSF or an automatic bank debit declined or a credit card payment declined for any reason will be charged a $15 cash NSF fee.
14) The client or TBE may notify in writing its intention to cancel this agreement with 30 days notice. Such cancellation provides a provision whereby the client may spend its trade balance within 90 days of cancellation after which the trade balance due to the client becomes the property of TBE. Any and all cash fees outstanding become due and payable in full within 30 days of cancellation notice. Any and all obligations under this agreement and pursuant to the rules and regulations in connection with any trade transaction shall survive termination of this agreement. Termination of this agreement does not allow for any refund to the client of transaction fees, set up fees, or any other fees.
15) TBE may change policies and procedures from time to time at its sole discretion. Any such changes in this agreement shall be published. Retention and or use of the TBE trading membership card constitutes acceptance of such changes. Forbearance or indulgence by TBE in enforcing any of the terms of this agreement and these rules and regulations shall not constitute a waiver of the obligations to be performed by the client under this agreement. Each and every term of this agreement is sever able and if any such term or provision should be judged invalid, illegal or unenforceable, it shall not affect the validity or legality or enforceability of this agreement or the rules and regulations or any term or provision of this agreement or the rules and regulations and the remainder shall remain valid, legal and enforceable.
16) The clients monthly statement shall be considered accurate as printed unless TBE is notified of any discrepancy within 15 days of receipt of the statement. In the case of inaccuracies TBE has the right to adjust any clients account either by debit or credit without notice as a result of such error.
17) Time shall be the essence in this agreement and with regard to these rules and regulations
18) This agreement shall be considered enforceable in accordance with the laws of the province in which the client is located.
19) Upon acceptance of this agreement and the opening of an account by the client, the client and individuals who sign for or on behalf of the client hereby assumes several and joint responsibility for any and all purchases, sales and fees as outlined in this agreement and any individuals signing on behalf of a corporation agrees to guarantee and be personally liable for full performance by the said corporation of this agreement and conformity with any and all rules and regulations.
20) The client and TBE agree that any transmission by facsimile, internet, email or automatic enrollment of this agreement, rules and regulations, changes to rules and regulations, a membership application and or trade receipts and or slips shall be valid and treated as if they are the original form. In the event that TBE or the client utilize facsimile, internet, email, automatic enrollment or signed documents, both parties hereby agree to accept and hereby agree to rely upon such documents as if they bore the original signatures.
21) Automatic enrolment without a signature on an agreement requires TBE to send a copy of these Policies and Procedures to the client and use of the TBE membership card or retention of such card constitutes agreement with these policies and Procedures even in the absence of the client signature on this agreement. In such case it is the obligation of the client to return all membership cards refrain from any use of such and provide written notice of intention not to be a member of TBE.
22) I hereby agree and acknowledge that I have read and reviewed this agreement and the reverse side of this agreement and agree, accept and acknowledge that they form part of this agreement herein.