a) Invoices for all services rendered will be prepared and provided by Hawaii Information Consortium or its agent. Fees shall be in
accordance with the current eHawaii.gov fee schedule. Terms of invoice payment shall be net thirty (30) days.
b) In addition to the fees contained herein, Account Holder shall pay Hawaii Information Consortium for all sales, use, and excise taxes
incurred by Hawaii Information Consortium in providing services to Account Holder and each Registered User.
c) Invoices 10 days past due may be subject to a delinquency charge of 1.5% per month of the amount in arrears, or the legal limit,
whichever is less. Account Holder agrees to pay all costs of collection of delinquent accounts, including reasonable attorney's fees,
as permitted by law.
d) Two payment options are available. Hawaii Information Consortium reserves the right to modify or restrict the use of any option
at any time:
a. Auto Check Option - Bank Institution automatically deducts amount of fees out of checking account monthly.
b. Credit Card Option - MasterCard, American Express, Discover - Charges the fees to your credit card monthly.
8. Limitation of Liability
a) The remedies set forth in this agreement are exclusive and in no event shall the state of Hawaii, Hawaii Information Consortium, LLC,
Access Hawaii Committee, or the directors, officers, agents, or employees of any of them, (who are collectively known for purposes of
sections 8,9 & 13 of the Terms and Conditions of this agreement, as “the eHawaii.gov entities”) be liable for special, indirect,
incidental, or consequential damages, including, but not limited to, lost income or lost revenues, whether such damages arise out of
breach of contract, negligence, strict liability, or any other theory of liability. Such damages shall in any event be
limited to the charges paid for the previous month by Account Holder for the services in connection with which a claim of liability is
asserted or imposed.
b) Each Registered User and Account Holder agrees that the eHawaii.gov entities will not be liable for any claim or demand of any
nature or kind asserted against any of the eHawaii.gov entities by any third party, arising out of the services or materials provided for
their use through eHawaii.gov; Each Registered User and Account Holder agrees to indemnify and hold the eHawaii.gov entities
harmless from claims of third parties arising out of the use of the services or materials provided pursuant to this agreement to or
through any Registered User or Account Holder on the Account.
c) The eHawaii.gov entities shall not be liable for or deemed to be in default for any delays or failure in performance or interruption of
service resulting directly or indirectly from any cause or circumstance beyond its reasonable control, including problems with or
delays caused by its database or other providers.
d) No action or suit arising out of the transactions pursuant to this Agreement, regardless of form, other than an action for payments due
Hawaii Information Consortium, may be brought by either party more than one year after the cause of the action accrues.
e) Hawaii Information Consortium, LLC, the Access Hawaii Committee, Hawaii state, county and local government agencies and
universities, the officers, directors, agents or employees of any of them, professional associations and all other parties who may from
time to time provide information to the Hawaii Information Consortium for access on eHawaii.gov shall at no time be liable for any
errors in or omissions from information available on the eHawaii.gov network.
a) The eHawaii.gov entities make no warranties express or implied, including but not limited to the implied warranties of merchantability
and fitness for any particular purpose. While Hawaii Information Consortium and its suppliers strive for accuracy
and completeness of data and services furnished pursuant to this Agreement, no warranty or representation as to accuracy or
completeness is made or implied.
b) Account Holder and each Registered User warrants that it is aware of and will comply with all applicable federal, state, or other laws
with regard to access to or use of any and all information, databases, programs, or other products to which access is provided by or
through Hawaii Information Consortium. Account Holder and each Registered User is liable under law for violations of record use or
access rules committed by him or her, and agrees to abide by such rules. In addition, the Account Holder’s or Registered User’s
organization or company may be liable if the rules are not enforced or are violated.