INSTANT BARTER on-line MEMBERSHIP AGREEMENT

  1. CONTRACT AND MODIFICATION OF CONTRACT
      The following terms & conditions constitute the contract by and among Member and INSTANT BARTER. Any use of INSTANT BARTER to facilitate a transaction by a Network Member (hereinafter Member) constitutes acceptance of all terms, conditions, policies and procedures as most recently adopted by INSTANT BARTER. They apply to all INSTANT BARTER Members' and to all transactions facilitated by INSTANT BARTER. At its sole discretion, INSTANT BARTER may amend this Agreement by giving Member thirty (30) days written notice via e-mail. INSTANT BARTER may amend the Policies and Procedures with seven (7) days written notice via e-mail. Any purchase or sale by Member, which makes use of INSTANT BARTER after these time frames constitutes acceptance by Member of such change(s) and the agreement of Member to abide by the same.
     
  2. PARTICIPATION IN THE EXCHANGE
    1. NATURE OF THE PARTIES
      • a. INSTANT BARTER operates an association of businesses and professionals who have joined together to do business among themselves through the organized system which is regulated by the record-keeping and administrative services of INSTANT BARTER or its designee and through the medium of INSTANT BARTER Trade Dollars. INSTANT BARTER functions as a clearinghouse for the transactions of the Network membership.
      • b. INSTANT BARTER regulates the Network. INSTANT BARTER acts as a third party record-keeper and administers the clearinghouse function of the Network for the Members'. INSTANT BARTER may contract with others to provide all or part of such services.
      • c. Member is a bona fide and legal business that desires to do business with other members of the Network and hereby subscribes to INSTANT BARTER's services. Member warrants that it is in compliance with all State, Federal, industry and professional laws and regulations.
      • d. INSTANT BARTER reserves the right of final approval of this agreement and may refuse to accept anyone as a Member for any reason it deems necessary.
      • e. The signer of this agreement hereby acknowledges that they are over 18 years old.
    2. DISCLAIMER OF WARRANTY AND LIABILITY
      • INSTANT BARTER makes no representation or warranty, either express or implied, and disclaims all liability, as to the fitness, quality, delivery date, merchantability, prices or any term of any trade transaction. Member agrees to indemnify and hold INSTANT BARTER harmless with respect to any claim, debt, or liability whatsoever, arising out of any transaction wherein Member is a Buyer or Seller. Member acknowledges that any transaction facilitated by the Network, in Which Member participates is entered into by Member on a voluntary basis. Member agrees to waive any claim, debt, or liability whatsoever against INSTANT BARTER arising out of any computer or software malfunction or processing errors.
    3. TAXES
      • Seller shall be solely responsible to collect and remit to the appropriate taxing Authorities the applicable taxes and shall collect and record these as required by law. Under no circumstances is INSTANT BARTER responsible to pay any taxes on behalf of any Member. Transactions involving INSTANT BARTER Trade Dollars are generally treated as taxable events for federal, state or provincial, and local tax purposes and INSTANT BARTER reports INSTANT BARTER Dollar sales to the appropriate government taxing authority. The declaration and reporting of applicable taxes resulting from trade transactions rests solely with the Member. Member agrees to indemnify and hold INSTANT BARTER harmless for any actions INSTANT BARTER takes to comply with federal, state or provincial, and local laws.
     
  3. ADMINISTRATION OF THE EXCHANGE AND INSTANT BARTER TRADE DOLLARS
    1. NATURE OF INSTANT BARTER TRADE DOLLARS
      • Members' conduct transactions (purchases or sales of goods or services) using the INSTANT BARTER accounting system. Payments are made by posting debits and credits to the buying and selling Members' respective accounts, pursuant to these Rules and in the form of INSTANT BARTER Trade Dollars.
      • A "INSTANT BARTER trade dollar" is a private currency which operates as contractually accepted tender for specified private debts only, between exchange members, backed only by the goods and services available within the Network, and regulated by INSTANT BARTER. INSTANT BARTER Trade Trade Dollars denote value received for goods or services sold, and may be exchanged for other goods or services made available by INSTANT BARTER Member's. Trade Dollars may be used only in the manner and for the purposes set forth in this agreement & the Policies & Procedures. Neither INSTANT BARTER nor Member shall consider INSTANT BARTER Trade Trade Dollars as legal tender, securities, or commodities. INSTANT BARTER disclaims any and all responsibility for the acceptance or negotiability of INSTANT BARTER Trade Dollars or for the availability of goods or services from any source.
    2. LIABILITY FOR INSTANT BARTER TRADE DOLLARS
      • Member acknowledges that INSTANT BARTER Trade Dollars in the Network (positive balances) are the liabilities of persons who have spent more than their earnings (negative balances); that there is a creditor/debtor relationship between such persons, and that INSTANT BARTER transactions incur the normal business risks associated with any credit transaction. Any positive trade balances are solely the liability of Members' who owe INSTANT BARTER Trade Dollars to the Exchange and are not the liability of INSTANT BARTER.
        • a. Member acknowledges and grants to INSTANT BARTER the right and power to regulate and control the number of INSTANT BARTER Dollars within the Network.
        • b. Member grants to INSTANT BARTER the right and power to borrow from the Network.
        • c. Member is NOT authorized to sell INSTANT BARTER Trade Dollars for cash.
     
  4. SUSPENSION OR TERMINATION
    1. If Member violates this Agreement or the currently effective Policies and Procedures, INSTANT BARTER may immediately terminate Members' account or may freeze all activity in the account without notice and/or make immediate adjustment to the transactions involved. At its sole discretion, INSTANT BARTER may reinstate Member or unfreeze Members' account.
    2. Either party may terminate this Agreement upon seven (7) days written notice to the other party. Upon termination:
      • a. All cash and INSTANT BARTER Trade Dollar service fees outstanding become due and payable immediately. No service fees will be refunded.
      • b. Any Member with a negative account balance (where purchases exceed sales) must balance their account with INSTANT BARTER Trade Dollars within thirty days of termination date. After said thirty day period, Member must immediately pay INSTANT BARTER any remaining negative balance in cash.
      • c. Any Member with a positive balance (where sales exceed purchases) must spend out their account within thirty days of termination. Any trade dollars remaining after ninety days will become the property of INSTANT BARTER.
     
  5. FEES
    1. Monthly Fees:  Cash Fees:  Trade Fees: 
      Monthly Dues: $10.00 $10.00
      Buy Trade Fees:  Cash Fees:  Trade Fees: 
      Percent Fee:  2.50% 0.00%
      Sell Trade Fees:  Cash Fees:  Trade Fees: 
      Percent Fee:  2.50% 0.00%
      Fee Option: Standard Fees NOTE: ALL Cash Fees are in USD  
      There is a ONE TIME set up fee of $50 in Instant Barter currency. To do this, you simply issue Instant Barter a gift certificate for a future service you offer. No more barriers to joining.

      Instant Barter is working on changing all our US$ fees to Instant barter fees in the near future. The $10 US$ monthly, and the 2.5% US$ transaction fee cover
      our software and credit card processing fees, still currently in US$ fees.

      Instant Barter is now the official currency for the Country of Red Paper Clip Center outside the US Government inside Tucson, AZ (our first healing center). http://www.RedPaperClipCenter.org
      "Together we are strong as a tribe."

    2. Funds for the cash fees must be available at the time of the transaction or it will not be processed. You may do this by having a debit or credit card on file. If You prefer to pay by check You can Pre-pay Your account and we will deduct the fees from Your available balance.
    3. Fees paid to INSTANT BARTER are non-refundable. If buyers or sellers do not complete a transaction, or if performance of Members' obligations to each other is disputed, INSTANT BARTER will not be obligated to refund any fees it has received. In certain circumstances an approved cash credit may be applied to Members' accounts.
    4. Transaction fees payable are due at time of purchase and fees due for more than 30 days will be assessed a late fee of $10.00 per month, or 1.50% of the unpaid balance, whichever is more.
    5. By acceptance of this agreement the Member agrees personally and corporately to guarantee payment of all cash fees and is responsible for all negative Trade dollars, if any.
     
  6. collection

      In consideration for the extension of credit, said business promises to pay for all purchases within the terms agreed (ENTER TERMS HERE) and agrees to pay a service charge per month of 1-1/2% per month (18% annual percentage rate) on all past due balances. In the event any third parties are employed to collect any outstanding monies owed by said business the undersigned agrees to pay reasonable collection costs, including attorney fees, whether or not litigation has commenced, and all costs of litigation incurred. The undersigned represents that he/she has the authority to execute this credit agreement on behalf of the business identified.

       

     
  7. MISCELLANEOUS
    1. LEGAL REQUIREMENTS
      • Member shall abide by applicable international, federal, state or provincial, and local laws or regulations pertaining to Exchange transactions. INSTANT BARTER shall not be responsible for any failures on the part of Member to comply with such laws and regulations. Member agrees not to hold INSTANT BARTER liable for any action INSTANT BARTER takes to comply with applicable laws or regulations.
    2. NO WAIVER OF RIGHTS
      • INSTANT BARTER failure or delay in exercising any right, will not operate as a waiver of that right, nor shall the partial exercise of a right preclude any other or further exercise of any right. INSTANT BARTER remedies are cumulative and are not exclusive of any remedies provided by law.
    3. SEVERABILITY; ATTORNEY'S FEES
      • Every item contained in this agreement is severable from every other term herein. If any term should be judged unenforceable, it shall not affect the enforceability of other terms outlined in this Agreement or the Policies and Procedures. If legal action must be taken by INSTANT BARTER, Member shall pay INSTANT BARTER reasonable attorney's fees, costs, plus interest from the date of default until payment in addition to any other judgment as granted by a court of law or an acceptable arbitration.
    4. DISSOLUTION
      • If INSTANT BARTER terminates or otherwise ceases to do business, all Members' in a negative INSTANT BARTER Trade Dollar position will pay amounts they owe in cash (one INSTANT BARTER Dollar being equal to one United States dollar in cash) into a fund. The fund, less expenses, will be distributed pro rata to all Members' who are in a positive INSTANT BARTER Trade Dollar position. INSTANT BARTER is not liable to any Members' for cash or INSTANT BARTER Trade Dollars beyond the distribution of such funds.
    5. SECURITY INTEREST
      • Member hereby grants INSTANT BARTER a security interest in all Trade Dollars in Members' account for the amount of all unpaid cash fees. If Member becomes insolvent or bankrupt all cash fees shall be due and payable in full. INSTANT BARTER shall have the option in lieu of filing as a creditor of treating the Trade Dollar balance as equal in value to the amount of cash fees owed, and terminating the account; provided however, that if INSTANT BARTER does receive all of its cash fees in full, INSTANT BARTER shall reinstate the Trade Dollars to the Members' account.
    6. WARRANTY OF INFORMATION
      • Member warrants that it provides all information to INSTANT BARTER in good faith and that such information is accurate to the best of Members' knowledge.
    7. FAX & E-MAIL SIGNATURES
      • INSTANT BARTER will, and Member agrees that INSTANT BARTER may, accept a faxed or e-mailed signature as an original, legal signature.
    8. ENTIRE AGREEMENT
      • Member acknowledges that it is not relying on any oral representations concerning this Agreement and that the complete agreement between the parties is contained in the Member Application, this Agreement and the Policies & Procedures.
    9. NO WAIVER OF RIGHT
      • INSTANT BARTER's failure or delay in exercising any right, will not operate as a waiver of that right, nor shall the partial exercise of a right preclude any other or further exercise of any right. INSTANT BARTER's remedies are cumulative and are not exclusive of any remedies provided by law.
    10. INDEMNIFICATION
      • MEMBER AGREES TO HOLD HARMLESS AND INDEMNIFY INSTANT BARTER, IT'S OFFICERS, AGENTS, REPRESENTATIVES, ASSOCIATES AND ASSIGNS FROM ANY LOSSES, LIABILITY OR DAMAGES WHICH MAY RESULT FROM MEMBERS' PARTICIPATION IN ANY OF INSTANT BARTER's TRANSACTIONS, ACTIVITIES, PROGRAMS, PROMOTIONS, OR ADVERTISING, INCLUDING THE COSTS OF LITIGATION AND ATTORNEYS FEES.
    11. JUDGMENT SETTLEMENT
      • In the event of a dispute between INSTANT BARTER and Member resulting in a judgment entered on behalf of the Member against INSTANT BARTER, Member agrees that INSTANT BARTER  shall have the right to satisfy said judgment in INSTANT BARTER trade dollars.
     
  8. APPLICABLE LAW
    1. This agreement shall in all respects be construed under the laws of the State of AZ.
    2. Venue shall be Tuscon, AZ 85719 United States.