Rental Agreement Page 2 December 27 2018
HARDWARE AS A SERVICES (HAAS) PARTICIPANT AGREEMENT (HPA)
This HPA is effective on the date on which Franchisee “clicks” “Agree and Add to Cart” and “Complete Order” during order placement in Shopify (“Effective Date”) and forms the agreement between Franchisee and HP Inc. (“HP”) which describes the specific services, pricing, and other commercial terms that HP will provide to the Franchisee as part of its HAAS offering. HAAS provides Franchisee product support, and lifecycle services for the HP Devices at Franchisee’s Franchise Location as provided below during the Initial Term, and any extension thereof, as defined in Section 5 of the HPA.
Franchisee hereby warrants and represents (i) its electronic consent and acceptance during order placement within Shopify binds Franchise to the terms of this HPA and authorizes HP to provide the Services (ii) that Franchisee shall pay for all Services provided to Franchisee, pursuant to the HPA without the necessity of a separate purchase order, and (iii) Franchisee will not contest payment for the provision of Services due to the fact that no purchase order was issued. Franchisee must include the legal entity name (if any), address, primary and alternate phones, email address and Subway® store number during order placement in Shopify.
The Franchisee hereby acknowledges and agrees the most recent Debit Authorization Form (“Form’) on file with Doctor’s Associates Inc. (“Franchisor”) also authorizes Franchisor to debit the Total Fee, defined in the HPA, from the bank account designated in the Form on a date determined by the Franchisor. Franchisor will attempt a second debit in the same calendar month if there were insufficient funds on the first attempted debit of the Total Fee. By accepting this HPA, Franchisee consents to the foregoing, and further agrees that all terms of the Form apply to this authorization.
If there are any amounts owing to HP, Inc. other than the Total Fee, Franchisee acknowledges and agrees that Franchisor shall not attempt any debits for any payments due HP Inc. unless and until HP Inc. informs Franchisor that Franchisee’s account with HP is current on all prior Total Fees. Franchisee understands and agrees that Franchisee will be required to make separate payment arrangements with HP Inc. for any Total Fee not debited by Franchisor as described above.
IPC Guaranty; Dividend Offset. Both Franchisee and HP understand that IPC has guaranteed certain obligations of Franchisee as specifically set forth in Section 5.j of this HPA and that if IPC shall have made any payment to HP or its affiliate on behalf of the Franchisee as set forth herein, then IPC shall have the rights as set forth in Section 5.k of this HPA.
All notices required under this HPA will be in writing and sent to HP Inc. Global Legal Affairs, Attn: General Counsel 1501
Page Mill Road, Palo Alto, CA 94304 as applicable, and will be considered effective upon receipt.
