Terms of Service – Germany
Latest Version Posted: August 2, 2023
PLEASE READ THESE TERMS OF SERVICE CAREFULLY BEFORE USING THIS SITE AND THE SERVICE
IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THIS WEBSITE AND DO NOT SIGN UP FOR A PROVIDER ACCOUNT.
1. SERVICE PRICING
Provider offers multiple types of service plans – including, without limitation, monthly service plans. Your recurring service fee, if any, will be calculated based on the service plan presented to you and agreed to by you during service registration. In addition, you are responsible for all variable and transactional costs of using the service (including but not limited to postage, fees for private carriers, package insurance, items purchased in the online store, if any, fees for additional users, or other special services selected) in addition to your applicable service fee, if any. Your recurring service fee, if any, will be calculated and billed based on the date you register and the terms of your offer. If you have registered for a monthly billing plan (like most users), the monthly billing cycle ends each month after you register. For example, if you register on March 8, and you are provided a free trial offer, the first billing cycle will begin April 8, and the second billing cycle will begin on May 8. Provider bills in advance (i.e., at the beginning of the applicable billing cycle), if you cancel in the middle of a billing cycle you will not be refunded for your service fees and your account will remain available for usage for the remainder of that billing cycle. If you register for a free offer, but wish to avoid incurring the monthly service fee, make sure to cancel your account before the free period ends. To cancel, call Provider customer support at +44 (0)208 068 5522, Monday – Friday, during hours of 8.30 – 17.30 (GMT), other than major holidays, or do so online.
2. ACCOUNT DURATION
Provider reserves the right to cancel your account for lack of use, lack of payment, or breach of these Terms. Following any account cancelation, Provider may maintain certain account settings and information for a limited period of time in the event of account re-activation.
3. ACCOUNT CANCELLATION/TERMINATION
You may terminate or close your account at any time. However, depending on the service plan you selected, certain restrictions or fees may apply, as detailed below. To cancel, you may do so by 1) accessing your online account or 2) calling customer support at +44 (0)208 068 5522, Monday – Friday, during hours of 8.30 – 17.30 (GMT), other than major holidays. You will be asked to verify your account information and confirm your intent to cancel your account.
Monthly Service Plan. You are free to end your monthly service plan at any time upon the following conditions:
- If you terminate your monthly service plan during the free trial period you will not be charged any service fee.
- If you terminate your monthly service plan within the first ninety (90) days from signing up, you will receive a full refund of any monthly service fees paid (you will not be refunded postage or insurance fees).
- If you terminate your monthly service plan after the first ninety (90) days, your account will be handled as follows at the discretion of Provider: (i) either a pro-rated/partial refund of that month’s service fee will apply and your account will be closed immediately; or (ii) your account will remain open and accessible until the end of that month’s billing cycle, no refund will be given and the account will be closed and no longer accessible.
In the event you or we terminate your account, or you remain inactive on your account for 12 months or longer, we reserve the right to refund any sums we hold on your behalf (including any balance in a Provider account for ShipStation Carrier Services) and to close your account.
4. FREE TRIAL OFFER TERMS
If you select to sign up for Provider’s “free trial”, then you will not be charged a service fee for the period of the trial offer; i.e., even if you fail to cancel following the trial period, you will not incur a service fee for the trial time period. At the conclusion of the free trial, if you wish to continue service you must chose a service plan and accept the terms.
During any applicable trial period for service fees, you are responsible for and must pay for any variable transactional fees and costs incurred in using Provider’s or any carrier services – including for, among other things, mailing, shipping, duties and fees, and package insurance purchased, including applicable adjustments following the transaction. In order to use Provider accounts for ShipStation Carrier Services (as more fully described in Appendix A), you must pre-fund your Provider account in an amount equal to or greater than the mailing or shipping service to be purchased.
5. TERMS RELATING TO BETA SERVICES
You may be invited to participate in a beta program or beta service offered by Provider (collectively, “Beta Services”). By agreeing to and complying with these Terms, we grant you a non-exclusive, revocable, non-transferable, limited license to use the Beta Services on an “as is” and “as available” basis. The Beta Services may contain bugs, defects, errors and other problems. YOU ASSUME ALL RISKS AND ALL COSTS ASSOCIATED WITH YOUR USE OF THE BETA SERVICES. TO THE FULLEST EXTENT PROVIDED BY LAW, PROVIDER SHALL NOT BE LIABLE FOR ANY DAMAGES RELATING TO YOUR USE OF THE BETA SERVICES. In addition, we are not obligated to provide any maintenance, technical or other support for the Beta Services.
We reserve the right to modify or terminate the Beta Services, or your use of the Beta Services, to limit or deny access to the Beta Services and/or participation in the Beta Program, at any time, in our sole discretion, for any reason, with or without notice and without liability to you. You acknowledge and agree that the Beta Services constitute confidential information of Provider, which you agree not to share with anyone other than other authorized users of the Beta Services.
6. METHOD OF PAYMENT
BILLING FOR FEES: Generally, Provider’s service fee and any other applicable fees due, including fees for postage or shipping (if applicable), will be automatically charged to the account holder’s credit card, debited from the account holder’s debit card or collected via direct account withdrawal from the account holder’s bank account, as directed by the user. Account holders who use ShipStation Carrier Services may opt to be automatically charged their recurring service fee. ShipStation Carrier Services users will be charged a preset amount each time the balance available in the ShipStation Carrier Services is not sufficient to print a label requested by such a user. Please visit our webpage on ShipStation Carrier Services for an article that explains the process.
If you are invoiced in arrears for Services, such amounts shall be payable within a period of 30 days from the date of issue of the invoice, unless otherwise agreed by you and us in writing. In respect of any undisputed invoice received and not paid by you by the due date, Provider may claim interest for late payment, calculated at the rate of 1.5% of the outstanding balance per month, or the maximum rate permitted by law, whichever is lower.
The billing entity for part or all of the services provided by Provider may be that of a subsidiary or affiliate of Provider and you hereby consent to any such billing, including changes to the billing entity from time to time upon prior notice to you.
7. API TERMS
Provider may make an API (Application Program Interface) available to you in Provider’s sole discretion. You may access your ShipStation account data via an API. Any use of the API, including use of the API through a third party product that accesses ShipStation, is bound by the Terms plus the API Terms of Service. We reserve the right to modify or terminate the API, or your use of the API, and/or to limit or deny access to the API, at any time, in our sole discretion, for any reason, with or without notice and without liability to you.
8. GLOBALPOST TRANSACTIONS AND RELATED TRANSACTIONS
Third Party Partners: Certain shipping transactions may be offered through Provider’s GlobalPost service and related services (hereafter, “GlobalPost”). If you ship eligible items to a destination through GlobalPost, you may first be required to ship the item through a third party parcel processing facility which will then route the item to the destination address. You acknowledge and understand that one or more third party global shipping provider(s) may oversee the processing, customs clearance, and shipment of the item so long as it meets the terms and conditions of this program and any other applicable third party requirements. Eligible shipment items and quantities are generally governed by the origin and destination country’s postal regulations, import and export laws, rules and requirements. Ineligible items that are shipped may be returned, seized, destroyed or disposed of pursuant to such laws, rules and requirements. Please contact us for additional information about eligible items and quantities. You acknowledge and agree that GlobalPost and our third party partners have the absolute discretion to disable the GlobalPost service from your account.
Procedures for GlobalPost Services: Guidelines for GlobalPost services may be found on the GlobalPost website.
Interchangeability of Services Used: Provider may substitute services in its sole discretion, but Provider generally offers substitute services that are similar to the originally selected service. In the event that another service is used, commercially reasonable efforts will be made to maintain a similar service standard.
Fees and Adjustments: Provider may change prices and fees, in its sole discretion, at any time. The fees for GlobalPost may include both GlobalPost and third party carrier fees. The total of the fees may be included in the shipping rates provided to you and rates may not be separately delineated from the overall charge. Rates for services charged will be based on the rates that are available for your account and may be updated by Provider in its sole discretion. For parcels where (a) you do not provide or you provide incorrect shipping details about the parcel (such as weight, address, dimensions, dimensional weight, service type or package type), (b) shipment information is not legible, (c) the shipment has been tendered by you to the wrong carrier, or (d) the packaging is inadequate or improper, GlobalPost reserves the right, at its sole discretion, to either (i) deliver the parcel(s) at an increased rate that will be automatically charged to you, (ii) return the parcel(s) to you with the cost of the return and processing of the return charged to you, or (iii) destroy or dispose of the parcel(s), with the cost charged to you. In the event that the assessed rate cannot be calculated using the GlobalPost rates (for example, in the event that the actual weight of the shipment exceeds the maximum weight supported by the program), you will be charged for the replacement service, if applicable.
Duties and Taxes: Some GlobalPost services offer expedited customs clearance which require full payment of duties and taxes. GlobalPost provides various ways to pay duties and taxes, including and not limited to: (i) duties and taxes are deducted from your account balance; (ii) duties and taxes are collected by GlobalPost from the recipient before their parcel leaves a GlobalPost processing facility; or (iii) duties and taxes are collected by GlobalPost by the destination carrier from the recipient at the time of delivery. Improper classification of items in your parcel could result in adjustments to your account balance, an increase in the amount collected from the recipient, delay, disposal, or return. Note that due to international currency changes, the amounts may vary based on currency conversion at the time of your transaction. An additional administration fee related to the collection of duties and taxes may also apply. If your transaction requires the payment of duties and taxes by the recipient and your recipient refuses to pay for those amounts, you may be required to pay for the goods to be returned, destroyed or diposed of or for other amounts imposed.
Harmonized Tariff Schedule Codes for International Shipping: The Harmonized System Tariff code (“HS Tariff Code”) is used to classify physical goods and traded products for export to another country. Provider urges you to provide the HS Tariff Code that corresponds to your shipment on the Customs Form. If you do not provide a HS Tariff Code on the Customs Form, Provider may assign one for you. By using the GlobalPost services, you agree that if Provider assigns a HS Tariff Code for you, Provider is not liable for any issues you have with your package, including but not limited to any additional fees or penalties you are charged or any delays or the return of your package due to the HS Tariff Code assigned.
Refunds: No refunds shall be applicable for a GlobalPost shipment that has been provided to any carrier. In addition, no rate credits shall be applied in the event your shipment could have qualified for a less expensive rate but you did not select that rate.
Undeliverable Parcels: A parcel is considered undeliverable if (i) the recipient’s address is incomplete, illegible, incorrect or cannot be located, (ii) delivery cannot be made because of the unavailability or refusal of an appropriate person to accept delivery or sign for delivery of the shipment on the initial delivery attempt or reattempts, (iii) the parcel is unable to clear customs, (iv) the recipient refused to pay for duties and taxes as required by that method of delivery, (v) the shipment of the parcel would likely cause damage or delay to other shipments or goods, or cause injury, (vi) the parcel contains restricted, illegal, or otherwise prohibited items, or (vii) the parcel’s contents or packaging are damaged to the extent that re-wrapping is not possible. If the parcel is undeliverable for any reason, Provider may attempt to notify you and to arrange for the return of the parcel, subject to any local regulatory restrictions. Additionally Provider may, in its sole discretion, return the parcel to you or destroy or dispose of the parcel. You will be liable for any and all costs, charges and fees incurred in returning or disposing of an undeliverable parcel.
Parcel Coverage: In the event your parcel is lost and/or damaged prior to delivery, the GlobalPost service offers a limited Parcel Coverage program pursuant to the following terms. Note, Parcel Coverage through GlobalPost is not package insurance. Actual package insurance must be added as a separate transaction.
- Parcel Coverage may only be requested for parcels that receive one or more GlobalPost tracking events, beyond the initial acceptance event and are either never received by the recipient and/or are damaged.
- Parcel Coverage will be limited to the sum of the value of the contents as specified on the customs form at the time of shipment less any salvage value (the total amount not to exceed US$100 unless indicated otherwise) PLUS the amount the shipper paid for shipping fees for the respective GlobalPost service.
- Requests for Parcel Coverage must be filed between 30 and 90 days from the original ship date using the claim form available on our website and must be signed by you and the addressee, click here for additional information.
- In order for GlobalPost to consider a claim for damage, the contents, original shipping cartons, and all packaging material must be available to GlobalPost for inspection. Your claim may be denied if the shipment cannot be made available to Provider or Provider finds the shipment was not adequately prepared according to the GlobalPost Shipment Preparation Guidelines which can be found by clicking here.
- Coverage is not applicable to undeliverable and rejected parcels or parcels that contain restricted, illegal, or otherwise prohibited items.
- You should review the laws and regulations of the destination country to ensure that your parcel will not be rejected on the basis that it contains restricted, illegal or otherwise prohibited items. In the event that your parcel contains such items, the carrier or customs official reserves the right to dispose of your parcel without any compensation to you.
Appointment of Agent: Pursuant to a routed export transaction under the U.S. Export Administration Regulations, Foreign Trade Regulations and all other applicable laws and regulations respecting export and foreign trade, your recipient, as the Foreign Principal Party in Interest or purchaser of the goods for export, will agree to assume responsibility for the export shipment, with Provider’s third party shipping partner(s) acting as your recipient’s forwarding agent. You remain liable for the accuracy of information you provide about shipments, and you agree to provide timely responses to requests for additional information.
Right of Inspection: You agree that Provider, its shipping partners, or any governmental authority including customs and security may open and inspect your shipment at any time. You acknowledge and agree that GlobalPost, its shipping partners, or any governmental authority may, at its sole discretion, decide to destroy or dispose of a parcel in the event a determination is made that such destruction or disposal, as the case may be, is required (for example, prohibited items are shipped through GlobalPost or there is suspected fraud associated with the transaction).
Transit Times: Some GlobalPost transactions may include a quoted transit time, which represents an estimate by Provider for the respective service; actual transit times may vary. Weekend days, public holidays, bank holidays, delays caused by customs, delays attributable to compliance with mandatory local security requirements or other events beyond Provider’s reasonable control are not included when it quotes door to door delivery times in its published literature. The route and the method by which Provider transports your shipment shall be at its sole discretion.
Additional GlobalPost Info: Additional information about GlobalPost, including policies governing eligibility, service delivery times, weight and size restrictions, handling of lost, damaged, and undeliverable items, rates, shipment insurance, returns, and refunds can be found by visiting the GlobalPost website.
9. CONTENT COPYRIGHT
You acknowledge that (i) content on the Site and content available through the Services is protected by copyrights, trademarks and other intellectual and proprietary rights (“Rights”); (ii) these Rights are valid and protected in all media and technologies existing now or later developed; and (iii) except as explicitly provided otherwise, the Terms and applicable copyright, trademark and other laws govern your use of such content. Any other use, including but not limited to the reproduction, modification, distribution, transmission, republication, display, or performance, of the content on this Site is strictly prohibited.
ShipStation and associated brand names and domain names are trademarks of Provider in the United States and/or other countries. Provider trademarks and trade dress may not be used in connection with any product or service that is likely to cause confusion among your customers, or in any manner can be interpreted as business disparagement. All marks not owned by Provider are the property of their respective owners. You may not use, and nothing contained on the Site or in these Terms grants, by implication, waiver, estoppel or otherwise, any right to use, any trademark displayed on the Site without the written permission of Provider or the respective owner of such trademark, service mark or logo.
11. USE OF SITE
This Site, any portion of this Site, and any materials made available by Provider through the Site, may not be reproduced, duplicated, copied, sold, resold, or otherwise exploited for any commercial purpose that is not expressly permitted by Provider. Provider reserves the right to refuse service, terminate accounts, and/or cancel orders in its discretion, including, without limitation, if Provider believes that a user’s conduct violates applicable law or is harmful to the interests of Provider. Any use of content or descriptions; any derivative use of this Site or its contents; and any use of data mining, robots, or similar data gathering and extraction tools are strictly prohibited. In no event shall the user frame any portion of the Site or any content contained therein. By using this Site, you agree that you will comply with all applicable laws and regulations, including U.S. and European Union export and re-export control laws and regulations, if applicable.
12. COPYRIGHT INFRINGEMENT
Provider respects the intellectual property of others. Copyright infringement will not be tolerated. If you believe that your work has been copied in a way that constitutes copyright infringement, please alert us at [email protected]
13. SOFTWARE AVAILABLE ON THE SITE
Software that is made available from the Site (“Software”) is the copyrighted work of Provider and/or its suppliers. Your use of the Software is governed by the Terms. You may not use any Software or the Site unless you first agree to the Terms, after which Provider hereby grants to you, the user, a personal, nontransferable license to access the Software for viewing and otherwise using the Site in accordance with these Terms, and for no other purpose, provided that you keep intact all copyright and other proprietary notices contained in the Software. All Software is owned by Provider and/or its suppliers and is protected by copyright laws and international treaty provisions. Any reproduction or redistribution of the Software is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible. WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY SERVER OR OTHER LOCATION FOR REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED. You acknowledge that the Software, and any accompanying documentation and/or technical information, is subject to applicable export control laws and regulations of the U.S. You agree not to export or re-export the Software, directly or indirectly, to any countries that are subject to U.S. export restrictions.
Software usage is subject to compliance with the Terms and is provided for no additional consideration on a non-transferable, limited, revocable, royalty-free basis.
14. LIMITATION OF LIABILITY
IN THE EVENT PROVIDER IS FOUND TO BE RESPONSIBLE TO YOU FOR DAMAGES IN ANY WAY RELATING TO THIS SITE, THE SERVICES, OR THE SOFTWARE, YOU AGREE THAT PROVIDER’S LIABILITY TO YOU WILL NOT EXCEED THE TOTAL AMOUNT OF YOUR PREVIOUS TWELVE MONTHS’ PLAN COSTS, WHEN APPLICABLE, FOR SERVICES DURING THE PERIOD IN WHICH YOU INCUR SUCH DAMAGES AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY. PROVIDER IS NOT LIABLE FOR ANY INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES (SUCH AS LOST PROFITS OR LOST BUSINESS OPPORTUNITIES) OR EXEMPLARY DAMAGES, THE COST OF ALTERNATIVE SERVICES, OR ATTORNEYS’ FEES AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY.
You should note that, in some circumstances, the liability of a carrier is limited under the Convention of the Unification of Certain Rules Relating to International Carriage by Air (Warsaw, 12 October 1929), Convention of the Unification of Certain Rules Relating to International Carriage by Air (Montreal, 28 May 1999) and the Convention on the Contract for International Carriage of Goods by Road (Geneva, 19 May 1956) or similar international conventions.
THIS SITE, SERVICES, AND SOFTWARE ARE PROVIDED BY PROVIDER ON AN “AS IS” BASIS. PROVIDER MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR SOFTWARE, OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THE SITE AND THE SOFTWARE. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, PROVIDER DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
16. LINKS TO THIRD PARTY WEBSITES
The Provider and affiliated websites may contain links to third party websites (“Linked Websites”). The Linked Websites are not under the control of Provider and Provider is not responsible for the contents of any Linked Website, including without limitation any link contained in a Linked Website, or any changes or updates to a Linked Website. You should contact the site administrator or webmaster for those Linked Websites if you have any concerns regarding such links or the content located on such Linked Websites. You are responsible for following the terms and conditions of all Linked Websites, including carriers and other third party providers of services.
17. NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of this Site, you warrant to Provider that you will not use the Site for any purpose that is unlawful or prohibited by these Terms, or the laws and regulations of the jurisdiction in which you are located or to which your envelope or parcel was sent. You may not use the Site in any manner that could damage, disable, overburden, or impair the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided through the Site. Provider reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, at Provider’s sole discretion.
18. MATERIALS PROVIDED TO THE SITE
Users of the Site may post comments, reviews, and other content and submit suggestions, ideas, or other information, provided the content does not contain any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, or hateful content or content which is racially, ethnically or otherwise objectionable, or content which infringes upon the rights of any third party. You agree not to impersonate any person and/or other entity or communicate under a false name or a name that you are not entitled or authorized to use. Provider has the right (but not the obligation) to remove, prohibit, edit or discontinue any content on the Site, including content that has been posted by users.
Provider does not claim ownership of the materials you provide to Provider (including feedback and suggestions) or post, upload, input or submit to Provider or its associated services (collectively “Submissions”). However, by posting, uploading, inputting, providing or submitting your Submission you are granting Provider, its affiliated companies and necessary sublicensees, to the extent permitted under applicable law, a non-exclusive, worldwide, irrevocable, royalty-free, sublicenseable (through multiple tiers) right to use your Submission in connection with the operation of its businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, reformat, prepare derivative works of, and otherwise exploit your Submission. If we choose to use your Submission, we will either do so in a way that does not identify you or seek your consent in the event we do wish to identify you. No compensation will be paid with respect to the use of your Submission, as provided herein. Provider is under no obligation to post or use any Submission you may provide and may remove any Submission at any time at Provider’s sole discretion. By posting, uploading, inputting, providing or submitting your Submission, you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions and that your Submission is not based on, or derived from, the proprietary information or items of a third party.
19. GOVERNING LAW
The laws of England and Wales, without regard to conflicts of law provisions, will apply to all matters arising out of or in connection with the Site, the Services and the Software to the exclusion of any other law. By using the Site, Services and Software, you submit to the exclusive jurisdiction of the competent courts of England and Wales and further agree that any cause of action arising out of or in connection with these Terms and/or your use of the Site and/or Services and/or Software shall be brought only in these courts.
In the event of a dispute, prior to filing a claim court, the party asserting the claim must first send to the other, by certified mail with return receipt requested (or any successor service), a written Notice of claim (“Notice”). If you are the claimant, the Notice to Provider must be addressed to: Auctane LLC / Dispute Resolution, 200 Gray’s Inn Road, 4th Floor, London, England, WC1X 8XZ, with a cc to Legal Department – Dispute Resolution, Auctane LLC, 4301 Bull Creek Rd., Suite 300, Austin, Texas, 78731, USA. If Provider is the claimant, the Notice must be addressed to the address used for your account. The Notice must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought. Following receipt of the Notice, each party agrees to negotiate with the other in good faith about the claim. If the claim is not resolved to the satisfaction of the claimant within sixty (60) days after Notice is provided, the claimant may file a claim court.
20. PROHIBITED ACTIVITIES
You shall not transmit to Provider or upload to this Site or the Software any Harmful Code or use or misappropriate the data on this Site for your own commercial gain. “Harmful Code” shall mean any software (sometimes referred to as “viruses,” “worms,” “trojan horses,” “time bombs,” “time locks,” “drop dead devices,” “traps,” “access codes,” “cancelbots” or “trap door devices”) that: (a) is intentionally designed to damage, disrupt, disable, harm, impair, interfere with, intercept, expropriate or otherwise impede in any manner, any data, storage media, program, system, equipment or communication, based on any event, including for example but not limited to (i) exceeding a number of copies, (ii) exceeding a number of users, (iii) passage of a period of time, (iv) advancement to a particular date or other numeral, or (v) use of a certain feature; or (b) would enable an unauthorized person to cause such result; or (c) would enable an unauthorized person to access another person’s information without such other person’s knowledge and permission.
You may not use your password or API keys for any unauthorized purpose. You may not use the Site, Services, or Software for activities that:
1) violate any law, statute, ordinance or regulation relate to sales of (a) narcotics, steroids, certain controlled substances or other products that present a risk to consumer safety, (b) drug paraphernalia, (c) items that encourage, promote, facilitate or instruct others to engage in illegal activity, (d) items that promote hate, violence, racial intolerance, or the financial exploitation of a crime, (e) items that are considered obscene, (f) items that infringe or violate any copyright, trademark, right of publicity or privacy or any other proprietary right under the laws of any jurisdiction, (g) certain sexually oriented materials or services, or (h) ammunition, firearms, or certain firearm parts or accessories, or (i) certain weapons or knives regulated under applicable law;
2) relate to transactions that (a) show the personal data of third parties in violation of applicable law, (b) support pyramid or ponzi schemes, matrix programs, other “get rich quick” schemes or certain multi-level marketing programs, (c) are associated with purchases of real property, annuities or lottery contracts, lay-away systems, off-shore banking or transactions to finance or refinance debts funded by a credit card, (d) are for the sale of certain items before the seller has control or possession of the item, (e) are by payment processors to collect payments on behalf of merchants, (f), are associated with the following Money Service Business activities: the sale of traveler’s checks or money orders, currency exchanges or check cashing, or (g) provide certain credit repair or debt settlement services;
3) involve the sales of products or services identified by government agencies to have a high likelihood of being fraudulent;
4) violate applicable laws or industry regulations regarding the sale of (a) tobacco products, (b) prescription drugs and devices or (c) other prohibited or regulated products;
5) involve gambling, gaming and/or any other activity with an entry fee and a prize, including, but not limited to casino games, sports betting, horse or greyhound racing, lottery tickets, other ventures that facilitate gambling, games of skill (whether or not it is legally defined as a lottery) and sweepstakes unless the operator has obtained prior approval and the operator and its customers are located exclusively in jurisdictions where such activities are permitted by law.
21. TERMS REGARDING 3RD PARTY SHIPPING INSURANCE
Provider may provide shipping insurance through a third party company. You agree that, to the extent shipping insurance is provided to you through a third party company, Provider is in no way responsible for any loss, liability, claim, or demand that relates to insurance.
You are solely responsible for ensuring that listings you add insurance to are covered under the applicable coverage, terms, conditions, and exclusions.
All rules, terms and policies related to shipping insurance offered through the Site shall be governed by the insurance terms and conditions found by clicking here.
22. PROCESSING OF PERSONAL DATA GOVERNED BY THE EU GENERAL DATA PROTECTION REGULATION (“GDPR”)
Additionally, if: (a) you are established in the European Union (“EU”); (b) you provide goods or services to customers in the EU; or (c) you are otherwise subject to the requirements of the GDPR, Provider’s collection, use and storage of personal data as defined in Art. 4 no. 1 GDPR (“Personal Data”) in this case is also subject to the following rules. All defined terms not otherwise defined herewith shall be interpreted in accordance with the GDPR.
Furthermore, as part of the provision of the Services, the Provider may be led to process certain Personal Data you provide to the Provider, including Personal Data of your customers, in a capacity as data processor acting on your behalf and under your instructions. In this context, the Provider will be designated by the term “Processor” in the following provisions. The characteristics of the processing carried out by Processor in this context are detailed in Appendix B.
Before you provide Personal Data of your customers or that of other individuals to Processor in order for Processor to provide Services, you must be in compliance with the GDPR.
In relation to any Personal Data provided by you to Processor:
(i) You warrant, undertake and confirm that it has grounds for sharing the Personal Data with Processor as envisaged;
(ii) You process the Personal Data in a capacity of data controller, in compliance with all applicable laws;
(iii) You consent to its use and you have obtained any necessary consents from the receiver of the goods (your customer) as required under the GDPR to pass to Processor the details required to complete the services requested, including but not limited to name, address, email address, mobile telephone number, and contents of package;
(iv) You have made your customers aware that such details may be used by Processor to enhance the delivery process for your customers and it may use notifications and geodata for that purpose. This may involve Processor sharing such details with limited third parties’ data processors, for the purpose of completing the requested services; and
(v) You have told your customers that you use the Provider’s services and provided them with any appropriate information notice as required under the applicable laws regarding the protection of Personal Data.
Personal Data that originates in the EU will be stored in the EU. As part of providing the Services, you agree that this Personal Data may be transferred to other regions, including the United States, subject to the implementation of appropriate safeguards as required under the GDPR. The list of non-EU countries in which the Personal Data may currently be processed, which mentions the applicable appropriate safeguards, is available to you at https://www.shipstation.com/de/subprocessors. By agreeing to these Terms, you give your authorization to the transfers which are described in this list. If the Processor intends to implement a new transfer of Personal Data into a non-EU country, you will be informed in advance and will be entitled to notify your objection within five (5) business days, based on objective and articulated grounds linked to the compliance with data protection laws. The absence of objection notified within this period will be deemed an authorization on your part to proceed with the transfer.
Data Processing Agreement Between You and Processor
Where Processor acts as a Data Processor for processing of Personal Data governed by the GDPR, Processor will:
- Process the Personal Data as a Data Processor, only for the purposes and according to the other characteristics detailed in Appendix B, in accordance with the documented instructions from you, and as may subsequently be agreed to by you (provided that such instructions are commensurate with the functionalities of the services). If Processor is required by law to Process the Personal Data for any other purpose, Processor will provide you with prior notice of this requirement, unless Processor is prohibited by law from providing such notice;
- Notify you if, in Processor’s opinion, your instruction for the processing of Personal Data infringes the GDPR;
- Notify you promptly, to the extent permitted by law, upon receiving an inquiry or complaint from a Data Subject or Supervisory Authority relating to Processor’s Processing of the Personal Data, including a Data Subject’s request for the exercise of its rights under the GDPR;
- Implement and maintain appropriate technical and organizational measures to protect the Personal Data against unauthorized or unlawful processing and against accidental loss, destruction, damage, theft, alteration or disclosure. These measures shall be appropriate to the harm which might result from any unauthorized or unlawful processing, accidental loss, destruction, damage or theft of Personal Data and appropriate to the nature of the Personal Data which is to be protected;
- Notify you promptly upon becoming aware of and confirming any accidental, unauthorized, or unlawful processing of, disclosure of, or access to the Personal Data, and, on your request, providing you with information reasonably available to Processor and strictly necessary for the notification of the data beach to the competent supervisory authority and, where applicable, to data subjects; and
- Ensure that its personnel who access the Personal Data are subject to confidentiality obligations that restrict their ability to disclose Personal Data.
- On your request, provide reasonable assistance in ensuring compliance with the obligations to conduct data protection impact assessments and to consult the competent data protection authorities, considering the nature of processing and the information available to the processor. The costs related to any assistance request requiring more than two hours of work by Processor’s personnel shall be borne by you. In such a case, Processor will send you a quote that will have to be accepted by you in writing prior to the start of Processor’s assistance work;
- Delete (or return to you, as requested by you in writing to us) all the Personal Data after the end of the provision of the Services relating to the processing, and delete existing copies unless the applicable law requires storage of the Personal Data;
- Make available to you all information necessary to demonstrate compliance with the obligations laid down in this section and allow for and contribute to audits, including inspections, conducted by you or another auditor mandated by you. The auditor shall sign sufficient confidentiality agreements prior to the audits or inspection.
In the course of providing the services, you acknowledge and agree that Processor may use subprocessors to Process the Personal Data. The list of subprocessors currently used by Processor is available to you at https://www.shipstation.com/de/subprocessors. If Processor intends to add or replace a subprocessor, you will be informed in advance and may object within ten (10) business days. Such objection may only relate to objective and articulated grounds linked to the compliance with data protection laws. Processor’s use of any specific subprocessor to process the Personal Data must be in compliance with the GDPR and must be governed by a contract between Processor and subprocessor including provisions at least equivalent to the provisions in this section.
You agree to fully indemnify Processor, for any costs, fees, fines, and professional fees incurred due to a breach by you of the provisions of this Section.
The following miscellaneous terms are fully applicable and important. Please read them with the same degree of care you read the preceding provisions.
ACCOUNT ACCESS: All transactions originating from your account are your responsibility. Please be mindful of whom is given access to the account, as the account holder is responsible for all charges incurred.
ACCOUNT DELINQUENCY: If you fail to pay your recurring service fee for three months or longer or you maintain a negative account balance, Provider may elect, in its sole and absolute discretion, to terminate your account. In this event, in addition to all other fees due and owing, Provider may charge a processing fee.
AUTHORITY: By completing the registration process, you agree to pay all fees incurred on your account in accordance with the terms of the service plan selected by you. If you change service plans or your account is automatically converted pursuant to this section of Terms, you agree to be bound by the payment terms of the new plan. If a Provider account is established for a business or other entity, the person establishing the account represents that he or she has all necessary authority to establish an account with Provider on behalf of the business or other entity who is the responsible account holder.
COLLECTION: Each party agrees that if timely payment by the other of any amounts due is not made, the aggrieved party may pursue the claim directly or assign such claim for collection, and the collection agency may pursue the collection of the past due amounts and any interest or cost of collection permitted by law.
CREDIT VERIFICATION: Provider reserves the right to verify the credit of all persons or companies applying for services.
NO SUBLICENSE OR THIRD PARTY USE: You may use your Provider account for transactions for your own direct use. Provider does not grant the right to sublicense, resell, offer, or utilize any Provider products or services such that Provider products or services are stored, loaded, installed, combined, integrated or displayed as part of a product or software offering (including as part of an application programming interface) of yours to other third party products and services. Provider does not allow you to sublicense, resell, offer, or utilize Provider products or services to third parties (including customers of yours). If Provider determines, in its sole and absolute discretion, that you have violated the foregoing limitations, Provider reserves the right to immediately suspend or terminate your service/account (without notice).
ORDER ACCEPTANCE/REJECTION: Provider reserves the right at any time after receipt of an order for products or services to accept or decline the order for any reason.
RELOCATION: You agree to provide updated address information to Provider in the event of relocation.
RISK OF LOSS: The risk of loss and title for non-postage products purchased from Provider passes to you upon our delivery of the purchase to our common carrier for delivery to you.
SALES AND VALUE ADDED TAXES: If required by applicable law, sales / value added tax (VAT) is charged/collected on purchases. You are responsible for the payment of all sales, use, VAT, or other taxes owed on products or taxable items utilized regardless of whether such taxes are collected by Provider at the time of purchase.
SEVERABILITY: If any provision of these Terms is held to be invalid or unenforceable, such provision will be deemed to be restated to reflect as nearly as possible the original intention in accordance with applicable law, and the remainder of the Terms will remain in full force and effect. These Terms constitute the entire agreement between the parties with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of the Terms will be effective only if in writing and signed by Provider. The failure to enforce any right under these Terms shall not be a waiver of the provision or the right to enforce it at a later time.
SITE MISTAKES: Although we make reasonable efforts to provide accurate pricing information and product descriptions, pricing mistakes, typographical errors or mistakes regarding product availability may occur. We reserve the right to correct such mistakes and errors.
VIOLATIONS OF LAW: Provider services may not be used in violation of any law or in any way that interferes unreasonably with others’ use of the services.
Additional Terms Related to ShipStation Carrier Services, also referred to as One Balance™
This Appendix A to the ShipStation Terms of Service is applicable for all users of ShipStation Carrier Services, also referred to as One Balance. If there is a conflict between the Terms and Appendix A, the terms of Appendix A shall control. All defined terms not herein defined are defined in Terms. Please our webpage on ShipStation Carrier Services for an article describing the services that are offered.
ShipStation Carrier Services will allow you to maintain an account balance with Provider, such that payment for various carriers and services can be made by Provider on your behalf, using rates provided to Provider by the carriers or partners of Provider. You hereby authorize Provider to maintain a carrier account for you that will only be valid on the ShipStation Carrier Services platform and will not be portable or transferable outside ShipStation Carrier Services, unless allowed by Provider and the individual carrier, at their sole discretion. Prior to accessing each carrier through ShipStation Carrier Services, you must accept any terms and conditions required by such carrier for their services. You are not required to accept accounts from each carrier offered by ShipStation Carrier Services, as you will be able to opt out of any carriers that you do not intend to use, or for which you have a pre-existing relationship. You may not use your own account number, not created through a relationship with Provider, within ShipStation Carrier Services and instead must use the standard Provider platform for that carrier account. Notwithstanding anything in this Appendix A to the contrary, all applicable carrier rules and terms shall be applicable for the services provided and Provider accepts no liability or responsibility for the failure of delivery or failure of the services of any carrier.
1. PROVIDER ACCOUNTS
You must pay for any variable transactional fees including for, among other things, mailing, shipping, duties and fees, and package insurance purchased in addition to Provider’s service fee. In order to use Provider accounts for any mailing and shipping services, you must pre-fund your Provider account in an amount equal to or greater than the mailing or shipping service to be purchased. All purchases, debits and adjustments will be reflected in your Provider account balance. Please note that your Provider account is managed by Provider, through its parent company Auctane, Inc., and although our records will account for the amounts that you have posted, the funds are maintained in a pooled account. In the event of any losses, failure or other insolvency of the bank used, Provider may be afforded FDIC or other relevant banking insurance on the account, (individual account holders are not entitled to such insurance) and Provider may then allocate any insurance proceeds for all account holders; however, you may not be entitled to receive a refund of all amounts posted with Provider. In the event of any failure or insolvency of Provider, because the amounts held in your Provider account are not insured, they may not be fully refunded.
Provider accounts will be used to fund purchases by users of ShipStation Carrier Services, as well as shipping charges from other carriers.
When you pre-fund your account to conduct mailing and shipping transactions, the funds you provide will be processed by Provider and deposited in its general account and reflected in your account balance. Your account balance may be utilized for any service provided by ShipStation Carrier Services, including shipping with multiple carriers, insurance and your recurring service fee. Purchases made through the Provider store for supplies may be billed to your main user account or a new account specifically for Store purchases may be required, at Provider’s discretion.
You acknowledge and agree that all mailing and shipping transaction pricing through a Provider user account is controlled by Provider. Provider business partners, including mailing and shipping carriers, consolidators, resellers, wholesalers, among others, provide certain rates that may be made available through ShipStation Carrier Services by Provider in its sole and absolute discretion.
We do not always provide the lowest rates that may be available for your transaction, as rates are dependent on the service you choose and a variety of factors driven by your actions in using our software and by decisions from Provider and other business partners of Provider. You agree to the rate provided and displayed at the time of the transaction, as that amount may fluctuate. No refunds shall be applicable to transactions that could have been obtained at a less expensive rate, unless the transaction qualifies for a refund as provided for elsewhere in our terms.
In addition, you agree to not offer, sell or allow the use of the rates provided to you through ShipStation Carrier Services, or shipping labels created using the rates provided to you through ShipStation Carrier Services, to any other entity or party.
2. ACCOUNT FUNDING
In order to use your account for mailing and shipping transactions and other extra services, you must pre-fund your Provider user account in an amount equal to or greater than the funds needed for your recurring service fee and the mailing or shipping transaction to be purchased. All purchases and debits will be reflected in your Provider user account once the transaction clears. Clearance times vary by financial institution. You are allowed to print or create labels up to the amount of pre-funding in your account, as long as all service fees have been paid. As a ShipStation Carrier Services user, you will also be charged a preset amount each time the balance available in the ShipStation Carrier Services is not sufficient to pay for the transaction you request. Please visit our webpage on ShipStation Carrier Services for an article that explains the process.
If any service fee payment cannot be completed successfully, your account will be suspended until payment is made. You will be notified that your service has been temporarily suspended until all past balances have been paid. You may re-load your account as often as you like so long as you do not exceed the maximum balance on your account. Auto-funding of your account may also be permitted. The minimum purchase (to fund your account) and the maximum purchase, if any, varies by service program.
If your account balance becomes negative, you authorize Provider to automatically charge your payment method or seek reimbursement so that the account balance is no longer a negative number (to cover previously selected mailing and shipping transactions or other requested purchases with Provider). This charge may apply whether you are a current, active, Provider customer, or whether you have already canceled your account.
3. COST ADJUSTMENT TRANSACTIONS
If you conduct a transaction with ShipStation Carrier Services that is paid only when the label is used or if it is determined by Provider or a carrier partner of Provider that a mailing or shipping transaction did not contain sufficient funds (for example, not enough postage to cover a shipment due to an underreporting of weight at time of print), Provider may automatically deduct the amount for the unpaid or short-paid transaction from your account balance. Provider also has the right, in its sole discretion, to make adjustments for surcharges, duties and fees determined by the carriers or the country shipped to. You will be able to review these adjustments in your account history and reports. If one or more of these payments cannot be collected from your account due to a lack of available funds, in our complete discretion, we may either, (i) charge the method of payment on file for the shortfall or (ii) your account may be suspended until you fund your account to cover all outstanding payments.
4. USER REFUNDS FOR UNUSED OR MISPRINTED TRANSACTIONS; DESTRUCTION OF UNUSED OR MISPRINTED TRANSACTIONS
You may request a refund for mailing and shipping unused transactions through ShipStation Carrier Services, subject to the following rules and limitations, for any unused or misprinted items:
AUTHORIZED USER REQUEST: You acknowledge and agree that Provider and/or its authorized partners, to the extent necessary by any carrier service, is appointed to act on your behalf to request and obtain refunds. In addition to Provider’s refund requirements set forth in this agreement, refund requests are further subject to the rules and requirements of Provider’s third party carrier services. Provider makes no guarantee that a refund will be made.
UNUSED OR MISPRINTED CARRIER LABELS: Unused and/or misprinted pre-paid carrier shipping labels shall be defined as an envelope, label, plain paper containing carrier-compliant labels, or electronic image files, with full, intact indicium which is scan-able and unused. Labels handled and/or returned to sender shall not be considered a valid unused and/or misprinted label.
TIME LIMIT: You must complete the refund request within the time limit required by each carrier. Please see each carrier’s terms and conditions on their website for additional information. If you have any questions, please email [email protected] or visit www.shipstation.com for additional information.
ACTIVE ACCOUNT REQUIRED: Your account must be active and in good standing to request a refund and at the time the refund is to be credited to your account, in order for the refund to be processed and your account to be credited.
REFUND PROCESS: Please visit our refunds webpage to learn how to submit your refund request. You must follow all of the steps listed and provide all of the required information to initiate and complete your refund request, including the return or destruction, if required, of the printed or misprinted but unused mailing and shipping labels. Incomplete requests will not be processed.
REFUND REJECTIONS: You take the risk of the carrier partner improperly rejecting a refund request. Provider will not refund the transaction unless the relevant carrier partner approves the refund.
REIMBURSEMENT OF PROVIDER ACCOUNT: If a refund request is properly initiated by you within the timeframe required pursuant to Provider and carrier requirements, your account is active and in good standing, and the relevant carrier approves the refund, Provider will credit your account for the full value of the transaction to be refunded, as approved by the carrier. Refund processing times may vary. If you have an outstanding balance in any amount (including but not limited to for unpaid service fees or unpaid termination fees) you may not receive any reimbursement credit until your account is brought current. In addition, Provider may, in its sole and absolute discretion, deduct such unpaid fees from any refund otherwise due.
5. PAY-ON-USE SHIPPING LABELS:
Provider’s Pay-on-Use shipping label feature, hereafter referred to as “Pay-on-Use” is a program offered to qualified Provider users. This program enables such qualified Provider users to print service shipping labels (either outbound or returns) for which shipping charges are paid when the label is scanned by the carrier in the mail stream (known as Pay-on-Use), rather than at the time the label is printed (known as pre-paid).
Payments: Provider will automatically debit the applicable account balance for shipping charges and any applicable transaction fees for any Pay-On-Use label that is scanned by the carrier in the mail stream. Because rates can vary over time, you hereby agree that the shipping charges debited from your account balance may be calculated based on the customer rate at the time the label is scanned by the carrier in the mail stream, not at the time the label is printed. In addition to shipping charges and other applicable account fees, Provider reserves the right to charge additional fees for participation in the Pay-On-Use Program. You are responsible for paying for any Pay-On-Use label that is scanned before the applicable label’s expiration date (expiration dates vary by carrier).
Restrictions: Pay-on-Use labels designated as return labels shall not be used as original outbound shipping labels. Pay-On-Use labels are not eligible for refunds. If you participate in the Pay-On-Use program, you may be required to maintain balance sufficient to cover the cost of the Pay-On-Use labels. Your access to the Pay-On-Use program may be disabled immediately if Provider determines, in its sole discretion, that your account is delinquent or that you are misusing the Pay-On-Use program.
Termination: Even after your account is terminated (by you or Provider), you must still pay for any Pay-On-Use labels that are scanned before the labels’ expiration dates.
6. CARRIER AND PARTNER TERMS
You agree to be bound by the terms and conditions terms and conditions of each carrier and partner accessed through the Provider platform, and must accept such terms and conditions prior to using such carrier’s or partner’s services. Please note that each carrier and partner may change their terms and condition within their sole discretion, and we strongly suggest that you visit each carrier’s and partner’s website regularly, to familiarize yourself with each company’s individual terms and conditions, as well as any potential changes, prior to using each service.
Characteristics of the Processing of Personal Data Carried Out by Processor on Your Behalf
|Managing shipping and returns
|Processing operations including the collection, recording, organization, storage, use, transmission of personal data etc.
|(i) Selecting carrier rates based on the addresses of expedition and receipt; (ii) creating expedition labels; (iii) transmitting the personal data to third party carriers acting as independent data controllers for the purpose of making the delivery; (iv) following-up returns by customers; (v) tracking deliveries; etc.
|Categories of Personal Data
|Identification (first name, surname); contact information (postal address, email address, telephone number); date of birth (to the extent applicable, e.g., to comply with age requirements on certain deliveries); etc.
|Categories of Data Subjects
|The shortest duration between (i) your deletion of the Personal Data within the platform and (ii) the end or our contractual relationship
SUPPLEMENTAL TERMS FOR ADDITIONAL SERVICES
In addition to the ShipStation Terms of Service (as may be amended, the “Terms”) applicable to the Site, Software and Services generally, the following terms and conditions (these “Supplemental Terms”) apply to your access to and use of the additional features and Services described in these Supplemental Terms (the “Additional Services”). By placing an order for an Additional Service; clicking to accept these Supplemental Terms; or using, enabling, or accessing an Additional Service, you agree to and consent to these Supplemental Terms, which shall become a part of the Terms. If there is a conflict between the Terms and these Supplemental Terms, these Supplemental Terms shall control with respect to your use of the applicable Additional Service. All defined terms not herein defined are defined in Terms.
If you do not agree to be bound by (or cannot comply with) these Supplemental Terms, you agree that your sole remedy is to cease using the applicable Additional Service. Your continued use of an Additional Service constitutes your agreement to be bound by these Supplemental Terms with respect to such Additional Service, including any modifications, amendments, or supplements hereto.
1. GENERAL TERMS FOR ADDITIONAL SERVICES
1.1 License. Subject to these Supplemental Terms and the Terms, Provider grants you a limited, non-exclusive, non-transferable, non-sublicensable license to access and use the applicable Additional Service through your ShipStation account.
1.2 Eligible ShipStation Accounts. Access to and use of an Additional Service requires that you have an active and valid ShipStation account. Provider may require you to upgrade the service plan for your ShipStation account to be eligible to access or use an Additional Service. “Free trial” or other promotional accounts are not eligible to access or use an Additional Service; if your ShipStation account is still in a “free trial” or promotional period, your ShipStation account will be converted automatically to the service plan set forth in your offer for the applicable Additional Service. By enabling, accessing, or using an Additional Service, you authorize Provider to upgrade or convert your ShipStation account to the service plan set forth in your offer for such Additional Service and you agree to the terms and conditions of such service plan, including the applicable recurring service fee, which will be billed in accordance with the Terms.
1.3 Termination. Provider reserves the right to terminate your access to an Additional Service at any time. You may terminate an Additional Service in the manner described in the terms for such Additional Service below. Termination of your underlying ShipStation account will automatically terminate your ability to access or use Additional Services. However, termination of an Additional Service by itself will not terminate your underlying ShipStation account or any other Services provided to you by Provider, and in such case, you will continue to be billed, and will pay for, the Services (other than the terminated Additional Service). Provisions of these Supplemental Terms which by their nature should survive termination or expiration in order to be given full effect, will survive such termination or expiration of these Supplemental Terms. Following any termination or expiration of an Additional Service, Provider may maintain certain account settings and information for a period of time in the event of re-activation. The period of time Provider maintains such information shall be in the sole discretion of Provider.
1.4 Consents. You represent, warrant, and covenant to Provider that you own or otherwise have and will continue to have any necessary rights and consents in and relating to any data processed or transmitted through an Additional Service (including any data received from or shared with third parties through an Additional Service) so that your use of such Additional Service does not and will not infringe, misappropriate, or otherwise violate any intellectual property rights, privacy rights, or other rights of any third party or violate any applicable laws.
1.5 Modifications. Provider may modify any Additional Service, its available features and functionality, or any part thereof for any reason, without notice and at any time. Your use of an Additional Service is at your sole risk. You acknowledge that your purchase of an Additional Service is not contingent on the delivery of any future functionality or features or dependent on any oral or written public comments made by Provider regarding future functionality or features.
2. DROPSHIP MANAGER
2.1 Overview. The Dropship Manager Service allows a user (a “Dropship Manager”) to aggregate orders in its ShipStation account (the “Dropship Manager Account”); invite vendors, partners, and other third parties (“Vendors”) to connect their ShipStation accounts (“Vendor Accounts”) with the Dropship Manager Account; and delegate orders to Vendors to fulfill and ship using their connected Vendor Accounts. In addition to the Terms and Section 1 of the Supplemental Terms, the following terms apply to all Dropship Managers’ and Vendors’ access to and use of the Dropship Manager Service..
2.2 Connecting / Disconnecting Vendor Accounts. To connect a Dropship Manager Account to a Vendor Account, the Vendor must have an active and valid ShipStation account. If a Dropship Manager or Vendor wants to disconnect a Vendor Account from a Dropship Manager Account, the Dropship Manager is responsible for ensuring that the Vendor’s connection to the Dropship Manager Account is terminated and that orders are no longer delegated to such Vendor. Provider will not be liable for any failure to terminate a Vendor’s connection to a Dropship Manager Account or any orders incorrectly delegated to a Vendor. A Dropship Manager’s termination of the Dropship Manager Service will also terminate any connected Vendor’s ability to access and use the Dropship Manager Service, but will not terminate the underlying Vendor Account.
2.3 Shipping, Postage, and Other Variable Costs. A Vendor must use the Vendor’s own carrier account(s) or ShipStation Carrier Services account(s) for postage and shipping costs. Notwithstanding the foregoing, regardless of any agreement between you and a Dropship Manager, Vendor, or other third party, as between you and Provider, you are responsible for any unpaid variable or transactional costs for all shipments and orders processed through your Dropship Manager Account or Vendor Account (as applicable), including but not limited to: postage, delivery and shipping costs, duties and fees, package insurance, fees for private carriers, or other special services selected.
2.4 Provider’s Rights. Provider holds the sole right to negotiate, create, and/or execute agreements with Dropship Managers, Vendors, or other third parties at any time for use of Provider’s products and services. You acknowledge and agree that Provider may amend, supplement, or otherwise modify such other agreements at any time and from time to time and such amendments, supplements, or modifications shall not affect your obligations hereunder. The availability of and prices for services and products offered by Provider may vary from time to time, and Provider reserves the absolute right to modify any of its services, pricing, rules, and policies at any time in its sole discretion.
2.5 LIMITATION OF LIABILITY; Indemnification. TO THE EXTENT PERMITTED BY APPLICABLE LAW, PROVIDER WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE ACTIONS OR OMISSIONS OF ANY VENDOR (INCLUDING ANY FAILURE TO FULFILL AN ORDER) OR ANY DROPSHIP MANAGER (INCLUDING ANY INCORRECTLY DELEGATED ORDERS), ANY NEGLIGENCE OR MISCONDUCT OF A VENDOR OR A DROPSHIP MANAGER, OR THE BUSINESS RELATIONSHIP BETWEEN ANY DROPSHIP MANAGER AND ANY VENDOR (INCLUDING ANY CONTRACT OR OTHER DISPUTES BETWEEN A DROPSHIP MANAGER AND A VENDOR). THESE LIMITATIONS ARE IN ADDITION TO, AND NOT IN LIEU OF, ANY LIMITATIONS OF LIABILITY IN THE TERMS.
Without limiting your indemnification obligations under the Terms, you agree to defend, indemnify, and hold harmless Provider, its officers, directors, employees, and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from any claim brought by a Dropship Manager, Vendor, or other third party against Provider relating to (i) any of your acts or omissions, including any actual or alleged negligence or willful misconduct by you, or (ii) your business relationship with a Dropship Manager or Vendor, such as contract disputes between you and such Dropship Manager or Vendor. Provider may, at its own expense, participate in the defense of any claim. This section will survive these Supplemental Terms and your use of the Dropship Manager Service.
2.6 Terms Applicable to Dropship Managers. The following terms are applicable to Dropship Managers only:
A. Dropship Manager Service Fees. In addition to the recurring service fee for your ShipStation account, you will pay the following fees to access and use the Dropship Manager Service:
- A recurring service fee for the Dropship Manager Service, which will be based on the plan presented to you and agreed to by you during your registration for the Dropship Manager Service.
- A fee for each Shipment (the “Shipment Fee”), which will be based on the plan presented to you and agreed to by you during your registration for the Dropship Manager Service. A “Shipment” means any shipping label that is generated (including return labels), any external fulfillment (like FBA) processed, or any “Mark as Shipped” order processed, in each case, through your Dropship Manager Account or a connected Vendor Account. Reprinting a prior shipping label is not counted as an additional Shipment, but re-shipping an order (i.e., generating a new label) shall be considered an additional Shipment.
B. Billing. Unless otherwise agreed with Provider in writing, the recurring service fee for the Dropship Manager Service will be billed to you at the same time as, and will be payable in the same manner as, your recurring service fee for your ShipStation account. If you register for the Dropship Manager Service in the middle of a billing cycle for your ShipStation account (e.g., the billing cycle for your ShipStation account begins April 1st, and you register for the Dropship Manager Service on April 8th), the recurring service fee for the Dropship Manager Service will be prorated for that initial billing cycle. Unless otherwise agreed with Provider in writing, any other fees or amounts due hereunder (including Shipment Fees) will be calculated and billed on a monthly basis in arrears; such other fees and amounts will be due upon invoice and may be automatically charged to the credit card on file with your account.
Each invoice will include all applicable taxes, duties, levies, excises, or tariffs of any kind that may arise in connection with the Dropship Manager Service (collectively “Taxes”). Taxes will be stated separately on the invoice. In case of termination, Provider may invoice you for any amounts that have been incurred up to the date of termination but not yet invoiced. Payment is deemed to be made on the date payment is received. In the event of late payment, access to the Dropship Manager Service may be suspended or terminated. All payments are non-refundable.
C. Term; Termination. Unless otherwise agreed with Provider in writing, the term of the Dropship Manager Service will be as set forth in the plan presented to you and agreed to by you during your registration for the Dropship Manager Service (except the initial billing cycle, which may be prorated as described above), and will automatically renew for additional periods equal in length to the term, unless and until terminated by you or Provider. If you cancel the Dropship Manager Service in the middle of a billing cycle, you will not be refunded any recurring service fees and the Dropship Manager Service will remain available for usage for the remainder of the billing cycle. You may terminate the Dropship Manager Service at any time by 1) contacting Customer Support or 2) emailing [email protected]. You may be asked to verify your account information and confirm your intent to cancel your access to the Dropship Manager Service.
3. SHIPSTATION 3PL FEATURE
3.1 Overview. The ShipStation 3PL feature allows a user (a “3PL Provider”) to invite clients, customers, and other third parties (“Clients”) to connect their ShipStation accounts (“Client Accounts”) to the 3PL Provider’s ShipStation account (the “3PL Provider Account”); import orders that have been delegated to it for fulfillment from connected Client Accounts into the 3PL Provider Account; and fulfill and ship those orders from the 3PL Provider Account. In addition to the Terms and Section 1 of the Supplemental Terms, the following terms apply to all 3PL Providers’ and Clients’ access to and use of the ShipStation 3PL feature.
3.2 Connecting / Disconnecting Client Accounts. To connect a Client Account to a 3PL Provider Account, the Client must have an active and valid ShipStation account. If a 3PL Provider or Client wants to disconnect a 3PL Provider Account from a Client Account, the 3PL Provider is responsible for ensuring the Client’s connection is terminated. Provider will not be liable for any failure to terminate a Client’s connection to a 3PL Provider Account. A 3PL Provider’s termination of the ShipStation 3PL feature will also terminate any connected Client’s ability to access and use the ShipStation 3PL feature, but will not terminate the underlying Client Account.
3.3 Shipping, Postage and Other Variable Costs. If you are a Client and do not want a 3PL Provider to use your carrier account(s) or ShipStation Carrier Services account(s), do not grant the 3PL Provider access to those accounts. Notwithstanding the foregoing, regardless of any agreement between you and a 3PL Provider, Client, or other third party, as between you and Provider, you are responsible for any unpaid variable or transactional costs for all shipments and orders processed through your 3PL Provider Account or Client Account (as applicable), including but not limited to: postage, delivery and shipping costs, duties and fees, package insurance, fees for private carriers, or other special services selected.
3.4 Provider’s Rights. Provider holds the sole right to negotiate, create, and/or execute agreements with other 3PL Providers, Clients, or other third parties at any time for use of Provider’s products and services. You acknowledge and agree that Provider may amend, supplement, or otherwise modify such other agreements at any time and from time to time and such amendments, supplements, or modifications shall not affect your obligations hereunder. The availability of and prices for services and products offered by Provider may vary from time to time, and Provider reserves the absolute right to modify any of its services, pricing, rules, and policies at any time in its sole discretion.
3.5 LIMITATION OF LIABILITY; Indemnification. TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, PROVIDER WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE ACTIONS OR OMISSIONS OF ANY 3PL PROVIDER (INCLUDING ANY FAILURE TO FULFILL AN ORDER) OR ANY CLIENT (INCLUDING ANY INCORRECTLY DELEGATED ORDERS), ANY NEGLIGENCE OR MISCONDUCT OF A 3PL PROVIDER OR A CLIENT, OR THE BUSINESS RELATIONSHIP BETWEEN ANY 3PL PROVIDER AND ANY CLIENT (INCLUDING ANY CONTRACT OR OTHER DISPUTES BETWEEN A 3PL PROVIDER AND A CLIENT). THESE LIMITATIONS ARE IN ADDITION TO, AND NOT IN LIEU OF, ANY LIMITATIONS OF LIABILITY IN THE TERMS. Without limiting your indemnification obligations under the Terms, you agree to defend, indemnify, and hold harmless Provider, its officers, directors, employees, and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from any claim brought by a 3PL Provider, Client or other third party against Provider relating to (i) any of your acts or omissions, including any actual or alleged negligence or willful misconduct by you, or (ii) your business relationship with a 3PL Provider or Client, such as contract disputes between you and such 3PL Provider or Client. Provider may, at its own expense, participate in the defense of any claim. This section will survive these Supplemental Terms and your use of the ShipStation 3PL feature.
3.6 Terms Applicable to 3PL Providers. The following terms are applicable to 3PL Providers only:
A. ShipStation 3PL Feature Fees. In addition to the recurring service fee for your ShipStation account, you will pay the following fees to access and use the ShipStation 3PL feature:
- A recurring service fee for the ShipStation 3PL feature, which will be based on the plan presented to you and agreed to by you during your registration for the ShipStation 3PL feature.
- A fee for each Shipment (the “Shipment Fee”), which will be based on the plan presented to you and agreed to by you during your registration for the ShipStation 3PL feature. A “Shipment” means any shipping label that is generated (including return labels), any external fulfillment (like FBA) processed, or any “Mark as Shipped” order processed, in each case, through your 3PL Provider Account or a connected Client Account. Reprinting a prior shipping label is not counted as an additional Shipment, but re-shipping an order (i.e., generating a new label) shall be considered an additional Shipment.
B. Billing. Unless otherwise agreed with Provider in writing, the recurring service fee for the ShipStation 3PL feature will be billed to you at the same time as, and will be payable in the same manner as, your recurring service fee for your ShipStation account. If you register for the ShipStation 3PL feature in the middle of a billing cycle for your ShipStation account (e.g., the billing cycle for your ShipStation account begins April 1st, and you register for the ShipStation 3PL feature on April 8th), the recurring service fee for the ShipStation 3PL feature will be prorated for that initial billing cycle. If you cancel the ShipStation 3PL feature in the middle of a billing cycle, you will not be refunded any recurring service fees and the ShipStation 3PL feature will remain available for usage for the remainder of the billing cycle. Unless otherwise agreed with Provider in writing, any other fees or amounts due hereunder (including Shipment Fees) will be calculated and billed on a monthly basis in arrears; such other fees and amounts will be due upon invoice and may be automatically charged to the credit card on file with your account.
Each invoice will include all applicable taxes, duties, levies, excises, or tariffs of any kind that may arise in connection with the ShipStation 3PL feature (collectively “Taxes”). Taxes will be stated separately on the invoice. In case of termination, Provider may invoice you for any amounts that have been incurred up to the date of termination but not yet invoiced. Payment is deemed to be made on the date payment is received. In the event of late payment, access to the ShipStation 3PL feature may be suspended or terminated. All payments are non- refundable.
C. Term; Termination. Unless otherwise agreed with Provider in writing, the term of the ShipStation 3PL feature will be as set forth in the plan presented to you and agreed to by you during your registration for the ShipStation 3PL feature (except the initial billing cycle, which may be prorated as described above), and will automatically renew for additional periods equal in length to the term, unless and until terminated by you or Provider. You may terminate the ShipStation 3PL feature at any time by 1) contacting Customer Support, 2) emailing [email protected], or 3) initiating a request for cancellation within your ShipStation settings. You may be asked to verify your account information and confirm your intent to cancel your access to the ShipStation 3PL feature.