Barter Bucks Banc on-line MEMBERSHIP AGREEMENT

  1. CONTRACT AND MODIFICATION OF CONTRACT
      The following terms & conditions constitute the contract by and among Member and Barter Bucks Banc. Any use of Barter Bucks Banc to facilitate a transaction by a Network Member (hereinafter Member) constitutes acceptance of all terms, conditions, policies and procedures as most recently adopted by Barter Bucks Banc. They apply to all Barter Bucks Banc Members' and to all transactions facilitated by Barter Bucks Banc. At its sole discretion, Barter Bucks Banc may amend this Agreement by giving Member thirty (30) days written notice via e-mail. Barter Bucks Banc 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 Barter Bucks Banc 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. Barter Bucks Banc 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 Barter Bucks Banc or its designee and through the medium of Barter Bucks Banc Trade Dollars. Barter Bucks Banc functions as a clearinghouse for the transactions of the Network membership.
      • b. Barter Bucks Banc regulates the Network. Barter Bucks Banc acts as a third party record-keeper and administers the clearinghouse function of the Network for the Members'. Barter Bucks Banc 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 Barter Bucks Banc's services. Member warrants that it is in compliance with all State, Federal, industry and professional laws and regulations.
      • d. Barter Bucks Banc 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
        3. Barter Bucks Banc 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 Barter Bucks Banc 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 Barter Bucks Banc arising out of any computer or software malfunction or processing errors.
    3. TAXES
        4. 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 Barter Bucks Banc responsible to pay any taxes on behalf of any Member. Transactions involving Barter Bucks Banc Trade Dollars are generally treated as taxable events for federal, state or provincial, and local tax purposes and Barter Bucks Banc reports Barter Bucks Banc 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 Barter Bucks Banc harmless for any actions Barter Bucks Banc takes to comply with federal, state or provincial, and local laws.
     
  3. ADMINISTRATION OF THE EXCHANGE AND Barter Bucks Banc TRADE DOLLARS
    1. NATURE OF Barter Bucks Banc TRADE DOLLARS
      • Members' conduct transactions (purchases or sales of goods or services) using the Barter Bucks Banc 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 Barter Bucks Banc Trade Dollars.
      • A "Barter Bucks Banc 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 Barter Bucks Banc. Barter Bucks Banc Trade Trade Dollars denote value received for goods or services sold, and may be exchanged for other goods or services made available by Barter Bucks Banc Member's. Trade Dollars may be used only in the manner and for the purposes set forth in this agreement & the Policies & Procedures. Neither Barter Bucks Banc nor Member shall consider Barter Bucks Banc Trade Trade Dollars as legal tender, securities, or commodities. Barter Bucks Banc disclaims any and all responsibility for the acceptance or negotiability of Barter Bucks Banc Trade Dollars or for the availability of goods or services from any source.
    2. LIABILITY FOR Barter Bucks Banc TRADE DOLLARS
      • Member acknowledges that Barter Bucks Banc 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 Barter Bucks Banc transactions incur the normal business risks associated with any credit transaction. Any positive trade balances are solely the liability of Members' who owe Barter Bucks Banc Trade Dollars to the Exchange and are not the liability of Barter Bucks Banc.
        • a. Member acknowledges and grants to Barter Bucks Banc the right and power to regulate and control the number of Barter Bucks Banc Dollars within the Network.
        • b. Member grants to Barter Bucks Banc the right and power to borrow from the Network.
        • c. Member is NOT authorized to sell Barter Bucks Banc Trade Dollars for cash.
     
  4. SUSPENSION OR TERMINATION
    1. If Member violates this Agreement or the currently effective Policies and Procedures, Barter Bucks Banc 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, Barter Bucks Banc 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 Barter Bucks Banc 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 Barter Bucks Banc Trade Dollars within thirty days of termination date. After said thirty day period, Member must immediately pay Barter Bucks Banc any remaining negative balance in cash.
      • c. Any Member with a positive balance (where sales exceed purchases) must spend out their account within ninety days of termination. Any trade dollars remaining after ninety days will become the property of Barter Bucks Banc.
     
  5. FEES
    1. Sign Up Fee:  $199.99 Dues Start Delay:  30 days from signup
      Monthly Fees:  Cash Fees:  Trade Fees: 
      Monthly Dues: $10.00 $0.00
      Negative Balance Interest 8.00% 0.00%
      Buy Trade Fees:  Cash Fees:  Trade Fees: 
      Percent Fee:  6.00% 0.00%
      Sell Trade Fees:  Cash Fees:  Trade Fees: 
      Percent Fee:  6.00% 0.00%
      Fee Option: Standard Fees NOTE: ALL Cash Fees are in USD  

      Special Offer only $199.00 to join.  For a limited time Barter Bucks Banc will gift you $200 in trade credit just for giving us a try. This is a limited offer and can be with drawn at any time.

       

       

      Note: Fees are due at the time of your transaction and processed the first day of each month.  Statements are emailed the first day if each month and posted on our website (see bottom left corner, Transaction History).

       

      IMPORTANT GUIDELINES

      1. Always introduce yourself as a trade buyer upfront before asking for a quote.
      2. Sales tax, shipping & tips are always paid in cash by the buyer.
      3. Transactions must be 100% trade. We do not allow part cash on any
        transaction without written approval from Barter Bucks Banc
      4. You can not charge a higher price for a trade transaction.
        The cash price & trade price must be the same.
      5. If you call someone that is not taking trade please notify Barter Bucks Banc
        so they can be removed from the directory.
    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 Barter Bucks Banc are non-refundable. If buyers or sellers do not complete a transaction, or if performance of Members' obligations to each other is disputed, Barter Bucks Banc 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. MEMBERSHIP AGREEMENT

      Barter Bucks Banc on-line MEMBERSHIP AGREEMENT

       

      Terms & Conditions

      1.   Clients will sell goods and services at their current or prevailing retail prices for trade credit to other clients in good standing with Barter Bucks Banc(BBB). Trade Dollars must be accepted for the total value (100%) of a transaction. Real estate and individual transactions of substantial value may be negotiated for a partial cash payment by prior agreement between Clients. Purchases of equipment or parts for a specific service (such as plumbers, electricians or auto mechanics) may be reimbursed for such purchases in cash. Seller must receive written aproval from Barter Bucks Banc prior to any part cash transaction. Any mark-up must be accepted in barter dollars.

      2.   Members of Barter Bucks Banc selling products or services for inflated prices will be given one warning. If a member continues to sell products or services substantially above retail or continues to charge a premium for barter transactions, that member will be expelled from the exchange.

      3.   Barter dollars shall not be considered as legal tender, securities or commodities, by either Barter Bucks Banc or its clients, and may not be redeemed for cash.

      4.   Gratuities, taxes and shipping, which are standard to the seller, shall be collected by the seller and shall be paid in cash (by the buyer) or other acceptable means at the time of the transaction. Barter Bucks Banc shall not be responsible for the failure to collect tax or gratuities.

      5.   Buyers must identify themselves to the seller as an exchange member PRIOR to making purchase arrangements. Trade between clients without the knowledge or approval of Barter Bucks Banc is prohibited, and if consummated, is subject to a cash transaction fee from both the buyer and the seller at the current BBB rates.  All transactions must be processed through Barter Bucks Banc online accounting system. Continued violation of this policy will result in expulsion from the exchange

      6.   Purchases by Clients will be limited to the amount of barter dollars accrued to their accounts unless secured by collateral and approved by an officer of Barter Bucks Banc. Client grants to Barter Bucks Banc the right and power to make barter dollar loans to any client on terms and conditions consistent with the Client's credit status and the ability to repay the loan. The exercise of this power shall be at the sole discretion of Barter Bucks Banc with regard to principal, interest, collateral terms, and other particulars. Interest will be charged monthly based on 18% per year to all clients whose accounts are in a deficit position as this is considered a loan. The interest charge will be based upon the deficit balance as of the end of each month.

      7.   The client may cancel this agreement with 7 days written notice. Upon cancellation all barter dollars must be spent within 90 days on products and services available through the exchange. All transaction fees of the balance remaining in the client's account are due before any additional transactions will be approved. Any Member with a negative barter balance (where purchases exceed sales) must balance its account with Barter Bucks Banc Dollars within four (4) weeks of termination date. After said four (4) week period, Member must immediately pay Barter Bucks Banc any remaining negative balance in cash. Barter Bucks Banc reserves the right to charge any fees due against credit cards or EFT authorizations on file.

      8.   Barter Bucks Banc shall not be responsible for any and all disputes between buyer and seller. Said disputes shall be settled by the parties themselves. Barter transactions are entered into on a voluntary basis by buyer and seller. Barter Bucks Banc shall not be responsible for the service quality, delivery, warranty, or dispute between buyer and seller. The client here by indemnifies Barter Bucks Banc and shall hold Barter Bucks Banc harmless with respect to any claim, debt, or liability whatsoever, arising out of any trade or transaction wherein client is a buyer or seller.

      9.   All clients agree not to use or disclose proprietary information, original ideas, marketing plans, trade secrets, clients or systems concerning or related to Barter Bucks Banc. All clients agree not to circumvent Barter Bucks Banc by doing business directly with any barter members in the system or to contract with Dobarter outside of their contract with Barter Bucks Banc. All clients further agree not to compete with or use proprietary information, clients or systems as a separate or independent company or partner with any other companies with the purpose of doing business in the barter and trade industry.

      10.   Any member of Barter Bucks Banc soliciting any other member of BBB to another barter or trade exchange group will be immediately terminated from the exchange.

      11.   An authorization must be obtained from Barter Bucks Banc for each purchase. To receive credit for a transaction, Seller must:

      a.   Obtain an authorization number either by logging in to the website (www.barterbucks.us), calling Barter Bucks Banc for each transaction at the time of purchase, swiping the client's Barter Bucks Banc membership card.

      b.   Obtain an authorization / Process the sale immediately upon the sale.

      12.   Transaction reversals must occur within 30 days of sale. Buyer and seller will forfeit any transaction fees for reversals processed beyond 30 days.

      13.   If, after one year, an account has not had any activity (buy or sell), and the account remains with a zero balance, Barter Bucks Banc shall have the right to close that account. Client acknowledges that, from time to time, Client firms will cease doing business, abandon or otherwise exit the Barter Bucks Banc network leaving a debit or credit balance in their barter account. Further, Barter Bucks Banc maintains an account termed "Debt Reserve," wherein the debit or credit balances are charged or credited. If Barter Bucks Banc loses contact with an account due to a disconnected telephone and/or continued returned mail, and the Client has not attempted to notify Barter Bucks Banc of this change of status, Barter Bucks Banc will close the account after 60 days and credit any barter dollars to Barter Bucks' Debt Reserve account.

      14.   Memberships may not be transferred or sold without Barter Bucks Banc approval.

      15.   The Barter Bucks Banc return policy on BB merchandise purchases is 30 days from date of purchase, in original packaging and unused or damaged by Client. This does not apply to travel accommodations, gift certificates, or scrip as they are all non-refundable.

      16.   Client's monthly statement will be considered accurate as printed unless the Barter Bucks Banc accounting department is notified of any discrepancy within 30 days of receipt.

      17.   Barter Bucks Banc may place a Client's account on hold and/or cancel this agreement if one or more of the following situations exist:

      a.   Barter Bucks Banc has received 2 written complaints on a given Client for either proof of poor performance or attempting to charge in excess of Client's retail prices.

      b.   Client has committed fraud, either on other Clients or against Barter Bucks.

      c.   Client is not following his/her contractual agreement with Barter Bucks.

      d.   Client has exhibited unprofessional behavior in dealing with Barter Bucks Banc staff or in the conduct of bartering with other Barter Bucks Banc clients.

      18.   Cash fees: Any Client checks returned to Barter Bucks Banc for insufficient funds, or any other financial deficiency, will be assessed a $25 cash fee. All fees are due and payable within 10 days of the date on the monthly statement. BBB will charge a cash fee of 1% per month on any cash balance outstanding. Accounts 30 days in arrears will be suspended until balance is paid.

      19.   Client recognizes and grants to Barter Bucks Banc, and those having an ownership interested in Barter Bucks, the right and power to borrow from the exchange and spend within the exchange system.

      20.   Client has read these Policies and Procedures, which are binding upon the Client fully as the conditions and provisions of Client Agreement. In the event this Agreement is signed on behalf of the Corporation, the individual signing the Agreement on behalf of the Corporation does hereby agree to be individually liable for full performance by said Corporation on this Agreement.

      21.   In the event any dispute is referred to an attorney with or without suit, the prevailing party shall be reimbursed for attorney fees and reasonable collection costs. Any court action shall take place in Contra Costa County, state of California.

      22.   Barter Bucks Banc may, at its option, request advance payment of Client Transaction fees. Outstanding fees and fees on the barter balance are due in advance of any spend out.

      23.   BBB is a third-party record keeper reporting all sales to the Internal Revenue Service. BBB provides all clients with a 1099B at the end of each calendar year.

       

       

       

       

     
  7. MISCELLANEOUS
    1. LEGAL REQUIREMENTS
        2. Member shall abide by applicable international, federal, state or provincial, and local laws or regulations pertaining to Exchange transactions. Barter Bucks Banc shall not be responsible for any failures on the part of Member to comply with such laws and regulations. Member agrees not to hold Barter Bucks Banc liable for any action Barter Bucks Banc takes to comply with applicable laws or regulations.
    2. NO WAIVER OF RIGHTS
        3. Barter Bucks Banc 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. Barter Bucks Banc remedies are cumulative and are not exclusive of any remedies provided by law.
    3. SEVERABILITY; ATTORNEY'S FEES
        4. 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 Barter Bucks Banc, Member shall pay Barter Bucks Banc 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
        5. If Barter Bucks Banc terminates or otherwise ceases to do business, all Members' in a negative Barter Bucks Banc Trade Dollar position will pay amounts they owe in cash (one Barter Bucks Banc 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 Barter Bucks Banc Trade Dollar position. Barter Bucks Banc is not liable to any Members' for cash or Barter Bucks Banc Trade Dollars beyond the distribution of such funds.
    5. SECURITY INTEREST
        6. Member hereby grants Barter Bucks Banc 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. Barter Bucks Banc 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 Barter Bucks Banc does receive all of its cash fees in full, Barter Bucks Banc shall reinstate the Trade Dollars to the Members' account.
    6. WARRANTY OF INFORMATION
        7. Member warrants that it provides all information to Barter Bucks Banc in good faith and that such information is accurate to the best of Members' knowledge.
    7. FAX & E-MAIL SIGNATURES
        8. Barter Bucks Banc will, and Member agrees that Barter Bucks Banc may, accept a faxed or e-mailed signature as an original, legal signature.
    8. ENTIRE AGREEMENT
        9. 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
        10. Barter Bucks Banc'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. Barter Bucks Banc's remedies are cumulative and are not exclusive of any remedies provided by law.
    10. INDEMNIFICATION
        11. MEMBER AGREES TO HOLD HARMLESS AND INDEMNIFY Barter Bucks Banc, IT'S OFFICERS, AGENTS, REPRESENTATIVES, ASSOCIATES AND ASSIGNS FROM ANY LOSSES, LIABILITY OR DAMAGES WHICH MAY RESULT FROM MEMBERS' PARTICIPATION IN ANY OF Barter Bucks Banc's TRANSACTIONS, ACTIVITIES, PROGRAMS, PROMOTIONS, OR ADVERTISING, INCLUDING THE COSTS OF LITIGATION AND ATTORNEYS FEES.
    11. JUDGMENT SETTLEMENT
        12. In the event of a dispute between Barter Bucks Banc and Member resulting in a judgment entered on behalf of the Member against Barter Bucks Banc, Member agrees that Barter Bucks Banc  shall have the right to satisfy said judgment in Barter Bucks Banc trade dollars.
     
  8. APPLICABLE LAW
    1. This agreement shall in all respects be construed under the laws of the State of CA.
    2. Venue shall be Concord, CA 94521 United States.