IPitomy Communications, LLC	
1940 Northgate Blvd. B1	
Application for Business Credit and Agreement; Page 1 of 2
(Original Document must be mailed- faxed copies may warrant denial of credit)	Sarasota, FL 34234  Office (941)306-2204  Fax (941)306-2216	
	
Section I		Date:			
Note: Failure to sign or fill out the application completely will cause delays.	
Legal Business name (Customer)  	Business street address (No P.O. Boxes please) 	
Business mailing address 	
City 	State 	Zip 	Years in business 	
Business Phone	Business Fax 	
Check One:    Individual    Partnership (State of organization)    Corporation (State of organization)     Other (explain) 	
Purchase order Required?    Yes   No	Are you tax exempt?    Yes     No	If yes,  Attach Tax Exemption Certificate Card	Federal ID No.	
Principal Bank 	Branch 	Phone No. 	Account No. 	
Section II - Owners or Officers/ Guarantors	
Name 	Title 	Home address  (No P.O.Boxes please)	  No. of Years 	Home Phone  	
Name 	Title 	Home address  (No P.O.Boxes please)	  No. of Years 	Home Phone  	
Name 	Title 	Home address  (No P.O.Boxes please)	  No. of Years 	Home Phone  	
Section III	
Trade references: Please provide at least 2 Business References	
Name 	City,  State 	Phone No  	Fax No 	
Name 	City,  State 	Phone No  	Fax No 	
Name 	City,  State 	Phone No  	Fax No 	
Name 	City,  State 	Phone No  	Fax No 	
1.Have you or any officers of the company ever done business under another name and/or in a different state?              Yes        No	
2. Have you or any of your officers of the company ever filed personal or corporate bankruptcy in the last 7 years?          Yes       No	
3. Have you or any of your officers of the company ever done business with IPitomy Communications, LLC before?                  Yes      No	
Customer, by and through it authorized agents, has received a copy of, has read and hereby agrees to be bound by all terms and conditions of this two (2)) page Agreement.  The individual(s) signing below warrants and represents that he/she has the authority to enter into this Agreement on behalf of the Customer and that each of them agree to PERSONALLY GUARANTY the Payment and Performance of all Customer obligations pursuant to the terms of this Agreement.	

Customer (First Authorized Signature)	Customer (Second Authorized Signature)	
Print Name  and Title
	Print Name and Title
	
I Personally Guarantee the Payment and Performance of Customer Obligations Hereunder                (Re-sign)	I Personally Guarantee the Payment and Performance of Customer Obligations Hereunder               (Re-sign)	
Date of Signature
	Date of Signature
	
APPLICATION FOR BUSINESS CREDIT and AGREEMENT Page 2 of 2
In consideration of and as an inducement to the periodic extensions of credit by IPitomy Communications, LLC, 1940 Northgate Blvd. B1 Sarasota, Florida 34234, or any of its subsidiaries or affiliated companies (hereafter collectively referred to as the Seller) to Customer, or its successors, permitted assigns, nominees or agents (hereafter referred to as the Customer), Customer hereby agrees to the following terms and conditions 
Customer hereby certifies that the information provided on the Credit Application and Agreement ( the Credit Application and Agreement and this Credit/Sales Agreement are together referred to herein as this "Agreement") is correct and complete and acknowledges and agrees that the Seller will rely on this information for current and subsequent extensions or credit. Customer Authorizes Seller at any time and from time to time to conduct an investigation of Customer's credit history or available funding information, by obtaining credit reports on Customer or any individuals listed on the Agreement (including personal guarantors) through credit reporting agencies of Seller's choice, and/or by making inquiries to Customer's trade creditors, vendors, banks and other lenders as to Customer's credit standing for reference purposes, and hereby authorizes any such credit reporting agency, trade creditor, vendor, bank, and other lender to release credit or funding information to Seller(whether during or after the initial credit or evaluation process, including  after any default in payment or during collection activity or litigation) based on a photocopy hereof. Customer understands that Seller's decision to grant or deny credit may be based in whole or in part on information obtained in this investigation. Customer agrees that it shall immediately notify Seller by hand delivery, by overnight courier or by U.S.  certified mail, postage prepaid, return receipt requested, of any changes of owner ship, officers or form in which the business operates, and that any failure to do so shall not affect or impair in any way the Seller's terms hereof
1.	Customer warrants to Seller that any and all extensions of credit by Seller to Customer shall be for business or commercial purposes only, and will not be used for personal, family or personal household purposes. 
2.	Products and materials relating to these terms and conditions may be supplied by IPitomy Communications, LLC or one or more of its affiliates or subsidiaries. IPitomy Communications, LLC or one or more of its subsidiaries or affiliates may act as Seller's collection agent for Customer(s) accounts with Seller, and shall have the ability to enforce terms and conditions hereof. This agreement is intended to benefit IPitomy Communications, LLC and all such subsidiaries and affiliates. 
3.	Unless otherwise agree to by Seller and Customer, Seller will send Customer a statement at the end of each billing cycle (as defined herein) if there is a balance on Customer’s account. Customer, however, shall be responsible for the payment in accordance with the terms hereof, regardless of whether Customer receives a statement or an invoice. 
4.	Unless otherwise agreed to by Seller and Customer, Seller will invoice Customer for all deliveries/shipments of goods, wares, products, materials, supplies, licenses and equipment. Discounts, if offered, will be shown on the Customer invoice and will apply only if all previous balances are paid in full. Customer invoices are due in full 30days after the invoice date.
5.	Customer’s “billing cycle” is approximately 30 days in length, and is the time interval covered by a monthly statement. The “closing date” means the last day of each billing cycle is the 30th of each month and the last day of February.
6.	On the 31st day after the date of each invoice all unpaid amounts Customer owes Seller shall incur finance charges at the monthly periodic rate of 1 1/2 % per month (18% per annum) which will be calculated from the date of the Customer invoice and will continue to accrue on a daily basis on the unpaid balance of the invoice until it is paid. Seller will determine and impose the finance charge by applying the daily periodic rate of 0.04932% to the daily unpaid principle balance of each invoice (beginning with the date of the applicable Customer invoice) for the number if days that balance remains unpaid. In order for the Customer to avoid incurring the finance charge, Seller must receive payment for the full amount of the invoice on or before the closing date for the billing cycle that immediately follows the billing cycle in which the invoice was issued. Customer agrees to pay any finance charges that are imposed on Customer’s account. Customer agrees that all funds owed to Customer from anyone or received by Customer, to the extent those funds result from the labor or materials supplied by Seller, shall be held in trust for the benefit of Seller (“Trust Fund”). Customer irrevocably assigns to Seller any interest it may have in its Trust Fund account receivable.
7.	It is understood and agreed that in no event shall a Customer be required to pay late fees, a finance charge or interest in excess of rates allowed by applicable law. Seller and Customer intend to conform strictly to applicable usury laws now in force and any late fees, finance charge or interest in excess of allowable limits shall be subject to reduction to the amount allowed under applicable law. 
8.	Seller shall apply all payments received by Customer first to outstanding costs or fees, then to outstanding interest and finance charges and then to payment of the oldest unpaid invoices. 
9.	In the event that Customer fails to make payment in full on any invoice when due, or if Customer is in default of any provision here under or any other agreement between Customer and Seller, Seller may as its option exercise any one or more of the following rights or remedies: (i) refuse to accept additional orders from Customer (ii) cancel the unfilled portion of any orders placed by Customer, (iii) declare immediately due and payable all outstanding invoices to Customer whether or not such invoices are due and payable, and/or (iv) exercise any other rights or remedies that Seller may have at law or in equity. 
10.	Seller shall be entitled to assume that orders given and documents or receipts executed by employees or agents of Customer customarily relied upon shall have been validly authorized by Customer and that Customer will be responsible for them, unless Customer notifies Seller in writing in advance by hand delivery, by overnight courier or by U.S. certified mail, postage prepaid, return receipt requested, and Seller has had a reasonable opportunity to act upon this notice. 
11.	Customer agrees to pay all expenses and costs incurred by Seller to enforce the terms of this Agreement or to collect any amounts due from Buyer or under any invoice or statement, including reasonable attorney’s fee’s and court costs, whether suit will be brought or not and whether incurred before or at a trial, on appeal, during any on solvency or bankruptcy proceedings, during post-judgment collection proceedings, or to pursue any available remedies under any construction lien law or otherwise.
12.	Customer and Seller voluntarily and irrevocably waive trial by jury with respect to any action or claim brought in connection with this Agreement. 
13.	Customer shall make a careful inspection of all materials at the time of delivery. Customer’s failure to give written notice of any type of claim within ten (10) days of delivery shall constitute an unqualified acceptance of the materials and a waiver of all claims with respect thereto. Seller will not be liable for damages, and back charges will not be accepted, without prior notification, an opportunity to view and repair, replace or otherwise cure. Seller agrees to replace or, at Seller’s option, repair any defective goods within a reasonable time. SELLER MAKES NO OTHER EXPRESS OR IMPLIED WARRANTY AND THE FORGOING WARRANTY IS ELCLUSIVE AND IS IN LIEU OF ALL OTHER WARRANTIES, WHETHER WRITTEN, ORAL, OR IMPLIED, INCLUDING THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. SELLER MAKES NO GUARANTY OF FINISHED WORK WHATSOEVER. In no event shall Seller be liable for any damage due to delay of any type or for indirect, incidental, consequential, special, exemplary or punitive damages, including lost profits, whether such claim is based on express or implied warranty, contract, tort (including negligence) or otherwise, even if Seller has been advised of such damages.
14.	This agreement shall be governed by, and interpreted and construed in accordance with the laws of the State of Florida. The venue for any disputes, including any litigation, mediation or arbitration, related to this agreement or any invoice or statement, shall be in a forum or court, as required, of competent jurisdiction, as follows: if the project for which any materials or services rendered by Seller is located in Florida, the venue shall be in Sarasota County, Florida.
15.	Seller shall have the right to change, modify or amend any of the terms of this Agreement (including adding new terms) upon written notice of such change, modification, amendment or addition to Customer. The effective date of the change, modification, amendment or addition shall be stated as a written notice. Customer’s consent to any such change, modification, amendment or addition shall not be required, but Customer shall be deemed to have consented thereto upon placing of orders with Seller following receipts of such notice. 
16.	Seller’s failure to insist in any one or more cases upon the strict performance of any of the terms or conditions herein or to exercise any of its rights shall not be construed as a waiver or a relinquishment for the past, future or any such term, condition or right, and shall not affect Seller’s right to enforce strict compliance with these terms and conditions. A receipt and acceptance by Seller of any payment, or the acceptance or performance of anything required to be performed hereunder, with knowledge of the breach of any terms and conditions hereof, shall not be deemed a waiver of such breach, nor shall they, nor shall any such acceptance of payment lesser amount then is herein provided for ( regardless of any endorsement check, or any statement on any letter accompanying any payment) be construed either as an accord and satisfaction or in any manner other than as payment on account of the earliest amount then unpaid by Customer.
17.	If any term or provision hereof, or the application thereof to any person or circumstance, shall to any extent be invalid or unenforceable, the remainder of these terms and conditions, or the application of such term or provision to persons or circumstances other than those as to which it is invalid or unenforceable, shall not be affected thereby, and each term and provision hereof shall be valid and enforced to the fullest extent permitted by law.
18.	Unless otherwise specified herein, any notices or communications permitted or required to be given hereunder shall be in writing and shall be given by hand delivery, by overnight courier, by regular U.S. mail, or by U.S. certified mail, postage prepaid, return receipt requested, addressed to the addresses set out on the first page of the Credit Application and Agreement or such other place as the parties may from time to time designate in writing in accordance with this paragraph. Notices given by hand, by overnight courier, or by U.S. certified mail shall be effective upon receipt (or receipt refused). Notices given by regular U.S. mail shall be effective three (3) days after the deposit in the U.S. mail.
19.	This agreement contains the entire agreement between the parties and may not be modified or amended except by a writing signed by both Seller and Customer. This Agreement shall be binding upon, and shall inure to the benefit of, the parties hereto and their respective heirs, personal representatives, successors, and permitted assigns. This agreement may not be assigned by Customer without the prior written consent of Seller, which may be withheld in Seller’s sole discretion. Any assignment not in accordance with the foregoing shall be void.
20.	PERSONAL GUARANTY: Each individual executing this Agreement on page 1, as Guarantor hereby agrees that for and in consideration of Seller extending credit to Customer, which guarantee Seller relied upon in extending said credit and without which said credit would not have been extended, that Guarantor personally Guarantees to Seller to pay on demand any amounts which become due to Seller by Customer whenever Customer fails to pay them. This Guaranty shall be a continuing and irrevocable guarantee and indemnity for any indebtedness of the Customer to Seller. Guarantor waives notice of default and non-payment and consents to any modification or renewal of this Agreement.