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Issue 1

Terms of Service

 

Download an entire Sales Agreement in PDF format here. Completing and signing the Sales Agreement is the only way for us to enter into a binding order for goods and services. No other document or process in this web site obligates you or us in any way. However, the price quotes you generate on this site are valid for 30 days from their creation date. Below are listed some terms and conditions that apply to any order that may arise. Other terms may apply as specified in the complete sales agreement. Please refer to that document in its entirety downloadable above.

 

TERMS AND CONDITIONS

Client has the full right and authority to enter into this Sales Agreement and perform all of Client’s obligations stated herein. Over-runs and under-runs not exceeding the percentage stated in the sales contract shall constitute acceptable delivery. Customer agrees to pay for the actual quantity delivered within these tolerances.

IBS has the full right and authority to enter into this Sales Agreement and perform all of IBS’s obligations stated herein.

Client hereby grants to IBS the limited, nonexclusive right to use and publish all copyrightable material that it shall provide to IBS to design and publish the Work. Client represents and warrants that it owns or has the right to use all rights granted to IBS hereunder and that IBS’s use of the rights in developing and publishing the Work will not infringe upon, or constitute a misappropriation or dilution of, any rights of others. IBS’s use of the rights shall be limited to uses necessary for the design and printing of the Work under this Sales Agreement.

Client recognizes the great value and goodwill associated with the NIV IP. Client agrees that it will not at any time during or after the term of this Sales Agreement attack the title or any rights of IBS in and to the NIV IP, and will cooperate with IBS to the extent necessary to protect any of IBS’s rights to the NIV IP. IBS may commence or prosecute any claims or suits to protect its rights in the NIV IP, either in its own name or in the name of the Client, with the prior written consent of Client (which shall not be unreasonably withheld). IBS shall have the sole right to determine whether any action should be taken on account of any such infringement, whether by IBS, Client, or both.

IBS will cause to appear on or within the Work all necessary copyright and trademark identifications indicating IBS’s ownership of the NIV IP. Client shall cause to appear on or within all advertising or promotional materials utilizing the NIV IP the same copyright and trademark identifications, or such other identifications as provided by IBS.

Either IBS or Client may cancel this Sales Agreement by giving 30 days written notice to the other party; provided, however, if Client shall cancel this Sales Agreement for any reason, it shall reimburse IBS for all expenses that IBS incurs with respect to copies of the Work that Client requested, but which have not been delivered, including, without limitation, expenses incurred to design, publish, deliver, and warehouse such copies of the Work; provided, however, Client shall offset any payments due under this paragraph with prior payments made to IBS with respect to such copies of the Work.

Client shall defend, hold harmless and indemnify IBS, including its officers, directors, employees, agents, and assigns, from any and all liability and loss, including without limitation attorney's fees and other legal expenses resulting from: (a) any breach by Client of this Sales Agreement or (b) any negligent act or omission of Client with respect to this Sales Agreement. The covenants and undertakings of this release and indemnification shall be binding upon Client, and its directors, officers, employees, successors, and assigns.

Any failure of either party to perform its responsibilities under this Sales Agreement shall be considered a breach of contract. Upon breach of contract, Client and IBS agree to attempt to resolve any claim or dispute arising out of or related to this Sale Agreement through good faith negotiations taking into consideration Biblical principles of reconciliation and fair dealing. If the parties are unable to otherwise resolve a dispute through good faith negotiations, such dispute shall be submitted to binding arbitration in accordance with the rules of the American Arbitration Association. Any arbitration judgment or award may be entered in any court with jurisdiction over the parties and dispute. Arbitration shall be held in El Paso County, Colorado. The prevailing party in any arbitration proceeding shall be entitled to all costs thereof, including reasonable attorneys' fees.

Nothing in this Sales Agreement shall be construed as creating a partnership, joint venture, principal/agent, or employer employee relationship between the parties hereto.

Client may not assign this Sales Agreement without the express written consent of IBS.

This Sales Agreement shall be governed by and construed in accordance with the laws of the State of Colorado.

Dispute resolution/binding arbitration: Any controversy or claim arising out of this Agreement or the breach thereof shall be settled by arbitration, in accordance with the rules of the American Arbitration Association. Any arbitration judgment or award may be entered in the highest court of the forum, state or federal, having jurisdiction of the matter. Arbitration shall be held in the State of Colorado unless otherwise agreed by the parties.

Notwithstanding the foregoing, IBS may at its option, refuse to arbitrate and pursue its remedies at law or equity.

This Sale Agreement constitutes the complete understanding of the parties with respect to the subject matter hereof. No modification or wavier of any provision shall be valid unless in writing and signed by both parties.

 


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