Frubu E-Rate Terms and Conditions
These “Frubu E-Rate Terms and Conditions” are specific to dealings between FRUBUCOM, LLC (“Company”, “Frubu”, “us”, “we”) and Applicants, (“Client”, “Customer”,”Applicant”, “E-Rate Applicant”) under the Schools and Libraries Division of the Universal Service Fund under the Federal Communications Commission.
“FRUBU E-RATE TERMS AND CONDITIONS” APPLY FOR PURCHASES BY BUYER THROUGH THE FEDERAL COMMUNICATIONS COMMISSION (FCC) UNIVERSAL SERVICE FUND (USF) SCHOOLS AND LIBRARIES (“E-RATE”, OR “ERATE”) PROGRAM.
“FRUBU E-RATE TERMS AND CONDITIONS” MAY BE FOUND ON THIS WEBSITE AND ARE ADDATIVE TO THE FRUBU TERMS AND CONDITIONS ON THIS PAGE.
E-Rate terms and definitions are utilized in this document. These definitions are defined by the Electronic Code of Federal Register: Title 47, Chapter I, Sub Chapter B, Part 54, Subpart F – “Universal Service Support for Schools and Libraries.”
IF ANY TERMS AND CONDITIONS ARE FOUND TO BE IN CONFLICT BETWEEN THE “FRUBU E-RATE TERMS AND CONDITIONS” AND “FRUBU TERMS AND CONDITIONS,” FRUBU SALES ORDER, OR E-RATE DEFINITIONS SHOWN ON THE FEDERAL REGISTER, THE MORE BENEFICIAL TERM AND CONDITION FOR COMPANY, AS DETERMINED BY COMPANY, SHALL APPLY.
Frubu follows and complies with FCC Lowest Corresponding Price Rules.
All final signed Frubu Sales Orders and contracts are compared after the Form 471s are updated for the Funding Year to determine if pricing reductions are necessary for any Applicants to meet LCP rules.
Fair and Competitive Bidding Process
APPLICANT MUST NOT USE FRUBU’S ASSISTANCE OR REASONABLE ACQUISITION SOURCES’ ASSISTANCE WHEN CREATING THE FORM 470 OR WHEN EVALUATING SERVICE PROVIDERS. APPLICANT MUST FOLLOW A FAIR AND COMPETITIVE BIDDING PROCESS PURSUANT TO E-RATE RULES.
Sales Order Cancellation by either party:
Customer may cancel E-Rate Service Order without penalty prior to shipment by Frubu or its vendors AND if the FCC denies funding for Customer’s Form 471 request for funding.
FRUBU MAINTAINS THE RIGHT TO CANCEL ANY ITEM, ITEMS, ANY QUANTITY, OR THE FULL SALES ORDER FOR ANY REASON AT ANY TIME.
Although Frubu has the right to cancel at any time, the example reasons for Frubu cancellations are: i.) Incorrect Reasonable Acquisition Cost(RAC) provided on Sales Order; ii.) Increase in RAC; iii.) Shipping and Handling Costs to Frubu in excess of 5% of RAC plus Shipping Cost Adjustment (SCA) iv.) Failure of Reasonable Acquisition Source (RAS) to agree to Frubu’s purchasing terms and conditions. v.) Failure of RAS to name Applicant and Frubu as insured under their applicable insurance policies.
Applicant Request for Frubu Bid:
If an Applicant does not receive any bid responses from E-Rate service providers OR the Applicant bid responses are Incomplete, Incompatible, Inadequte, or Excessive, Applicant may solicit (request) a bid from Frubu by contacting Frubu through email, telephone, or by requesting a bid on the website.
Frubu Fast and Automated Bid and Sales Order Creation Process:
Immediately following an Applicant Requesting a Bid from Frubu, the Applicant may begin providing Frubu with the specific requirements and needs of their project by entering the information on the Frubu website OR Applicant may call Frubu.
When the Applicant provides the information to Frubu regarding the specific Products and Services they need on the website, an automated Sales Order is immediatley created and sent to the Applicant for review. The Sales Order may be reviewed by the Applicant and edited if the information was entered in error.
Although the Applicant may have the ability to provide specific information about the products and services required, the automated system will calculate the pricing an generate the Sales Order.
Once complete, the Applicant should perform a final evaluation , pursuant to USAC rules, of the bids from all Service Providers.
If Frubu is selected as Applicant’s Service Provider, the Sales Order (contract) should be executed and included in the Applicant’s Form 471 funding request submission.
Custom Sales Order from Frubu:
Occasionally, Frubu may choose to provide a bid to an Applicant based solely on Frubu’s discovery of an E-Rate opportunity prior to bid evaluation. In these instances, Frubu personnel will create the Sales Orders and send the Sales Orders to Applicants manually. In these instances, Applicants are not required to solicit a bid from Frubu after their bid period ends. The original Form 470 will be considered the solicitation in these instances.
Scheduling, Implementation, and Payment Terms:
Scheduling, ordering, shipment and any other services will only begin once funding for this order is approved by the FCC/USAC and Applicant payment, for the full amount of the order, is received by Frubu and funds have cleared the Applicant’s financial institution.
Payments may be made by Applicant to Frubu using a bank check or wire. Wire fees will be paid by Applicant and not Frubu. Frubu may, at its own discretion, accept credit card payments, and a 3% minimum fee will be charged to the Applicant for this convenience.
Prior to payment by Applicant, all or any portion of the order may be cancelled by either party.
Once Applicant makes payment to Frubu and Frubu begins the process of fulfilling the order, the order may not be cancelled by Applicant. If FCC/USAC do not fund the project or revoke funding for any reason, Frubu will have no liability to Applicant for products and services ordered by Frubu and/or delivered to Applicant.
Frubu supports invoicing through the FCC/USAC BEAR process. Service Provider Invoicing (SPI) is not supported by Frubu.
Customer and Frubu further agree to file necessary paperwork in a timely fashion with the School and Libraries Division of the Universal Service Fund to ensure timely reimbursements and funding decisions.
Full Payment Provisions:
CUSTOMER IS RESPONSIBLE TO ENSURE COMPANY RECEIVES FULL PAYMENT FOR ANY PRODUCTS OR SERVICES LISTED ON A SALES ORDER WHEN SHIPPED OR PROVIDED. ALTHOUGH COMPANY’S STANDARD IS TO USE THE FCC/USAC BEAR INVOICING PROCESS, IF COMPANY INVOICES CUSTOMER AND FCC SEPARATELY USING THE SERVICE PROVIDER INVOICING (SPI) PROCESS, AND THE FCC DOES NOT PAY COMPANY IN A TIMELY FASHION OR AT ALL, CUSTOMER IS RESPONSIBLE TO PAY COMPANY FOR BOTH THE APPLICANT AND THE FCC PORTION. ULTIMATELY, CUSTOMER IS RESPONSIBLE TO ENSURE FRUBU IS PAID IN FULL FOR ALL PRODUCTS AND SERVICES SHIPPED AND/OR PROVIDED TO CUSTOMER.
COMPANY IS NOT LIABLE IF CUSTOMER IS NOT APPROVED FOR FUNDING FROM THE FCC OR IF FUNDING IS, FOR ANY REASON, REVOKED. IF FCC UNIVERSAL SERVICE FUND FUNDING FOR SALES ORDER IS REVOKED AT ANY TIME REQUIRING COMPANY TO RETURN FUNDS TO FCC, CUSTOMER WILL BE LIABLE TO COMPANY FOR THIS AMOUNT.
If Applicant has paid for a quantity, line item, or complete sales order that is subsequently cancelled by Frubu, then Frubu will either refund the price for the cancelled items or provide a credit on the Applicant’s account.
Sales Tax Exemption and W-9 Forms:
In states where Sales Tax applies, Applicant may be required to provide Frubu with a Sales Tax Exemption Certificate.
Frubu will provide our standard W-9 to all Applicants by email upon request.
