Archive for October 17th, 2010

Business Services Administrator Agreement Details

without comments

Excerpts from the new Business Customer Gateway BSA Online Agreement, of note:

“1.5      Contingency: In the event of a USPS system or telecommunications network failure preventing Participant from transmitting (as communicated by USPS unscheduled outage notifications) or the Postal Service from receiving and verifying receipt of documentation under these terms and conditions, Participant shall submit hardcopy documentation of the mailings pursuant to the applicable requirements of the DMM and other USPS regulations or such other local process that may have been defined and approved by the USPS for the Participant’s use.”

This is the same “contingency plan” that was used when PostalOne! was out for several days, wreaking havoc for mailers and the USPS alike.  This plan did not work well, there is no reason to expect it to in the future.  But, anyone signing the BSA Agreement will be signing off that this is A-OK.  It isn’t.

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“2.2      Confidentiality: Participant acknowledges that there are inherent risks in the electronic transmission of data. The USPS will not be liable for its unauthorized access, disclosure or dissemination of Participant’s information, unless the information is provided based upon the gross negligence of the USPS. ”

Doesn’t give me a warm and fuzzy feeling about a place where I do financial transactions.

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“2.6      Contest Validity: USPS and Participant will not contest the validity or enforceability of documents transmitted pursuant to these terms and conditions under any applicable law relating to agreements in writing or signed by the party to be bound thereby. Transmitted documents, if introduced as evidence on paper in any judicial, arbitration, mediation or administrative proceeding, will be admissible as between the parties to the same extent and under the same conditions as other business records originated and maintained in documentary form. USPS and Participant will not contest the admissibility of copies of documents on the basis that they were not originated or maintained in documentary form. ‘

eDocs as a legal document?  Does that work for everybody?

Tomorrow I will cover the Participant Obligations and Participant Liability, in their entirety.

Written by Lisa.Bowes

October 17th, 2010 at 9:49 am

Posted in USPS

ALL Business Customer Gateway / PostalOne! Users – Must Read!

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From the USPS, at the RIBBS Business Customer Gateway site

Notice to the Mailing Industry: The USPS® has revised the online agreement which describes the terms and conditions for the use of USPS computing systems and Business Customer Gateway online services. Existing Business Services Administrators (BSAs) are encouraged to accept the new agreement to retain access to Business Customer Gateway services. The agreement must be accepted by a new or existing Business Services Administrator (BSA).

The agreement can be found for review at the end of this document:

BSAAgreement.pdf (application/pdf Object).

PostalOne Users -Be CERTAIN that you read the referenced document, and have your legal departments review.  Chances are most BSAs are going to just accept this without reading the actual agreement.  There are liabilities involved, read, review, and be aware.  Do not sign without reading the fine print!!

Written by Lisa.Bowes

October 17th, 2010 at 9:27 am

Posted in USPS