Terms and Conditions (Usage and Privacy)
11 August 2017 12:08 AM
Terms and Conditions
MyShipWatcher is an online information service (the 'Service') of Ship Watchers. ('SW'). By using the Service, the user ('User' or 'you') agrees to abide by these Terms and Conditions and any changes made thereto.
The User is responsible for complying with these Terms and Conditions. Any violation of these Terms and Conditions may jeopardize future access to the Service, and upon any such violation, the User's account may be subject to immediate suspension or termination. The User acknowledges and agrees that any and all sales made through the Service are final.
Copyright And Limitations On Use
Disclaimer Of Warranties And Liability
THE USER AGREES THAT THE LIABILITY OF Ship Watchers (MyShipWatcher), ITS AFFILIATES, AGENTS, AND LICENSORS, IF ANY, ARISING OUT OF ANY KIND OF LEGAL CLAIM (WHETHER IN CONTRACT, TORT, OR OTHERWISE), IN ANY WAY CONNECTED WITH THE SERVICE OR THE INFORMATION IN THE SERVICE, SHALL NOT EXCEED THE AMOUNT THE USER PAID TO Ship Watchers (MyShipWatcher) FOR USE OF THE SERVICE.
All users that "Login" on the www.shipwatchers.com or www.myshipwatcher.com agree to starting the Ship Watchers auditing solution. Users agree to payment of services started and rendered by Ship Watchers once the "Login" is completed.
Ship Watchers (MyShipWatcher) SOLUTION AGREEMENT
8. Limited Liability. Ship Watchers (MyShipWatcher) shall not be liable for any delay of performance under this Agreement or any damages suffered by Client as a result of such delay, when such delay is directly or indirectly caused by or results from any act of God or other intervening external cause, accident, governmental laws or regulations, labor disputes, civil disorder, transportation delays, failure caused by telecommunications or internet providers, or any other cause beyond the reasonable control of Ship Watchers (MyShipWatcher). Accuracy and completeness of the Data is provided by Ship Watchers (MyShipWatcher) on a best efforts basis as received from UPS, FedEx, DHL, Airborne and/or any LTL provider.
Ship Watchers (MyShipWatcher) shall not have liability attributable to the negligence of non-Ship Watchers (MyShipWatcher) personnel, inaccuracy in data represented by third parties.
Damage Claims Processing
When the "Damage Claims Processing" section is selected within your "Solutions" by the administrator on file you authorize Ship Watchers to contact the shipping carriers, change the claims contact information to our Processing and Communications address and perform tracers and damage claim processing for your company with the shipping carriers on file for you under your “Shipping Accounts" section as an authorized agent. Damage payments are collected by Ship Watchers and can be used as compensation for our solutions. You authorize the payment of any damage claim to be used in accordance to these terms and conditions. The selection of the method for which the funds are used will be defaulted to "Compensation" unless otherwise agreed by addendum with you and a Ship Watchers management staff member.
Addendum Agreements in place can hold funds for 30, 60 or 90 days on any damage payment rendered to Ship Watchers with and where Ship Watchers or our address is listed with the client on the payment check. Clients are paid the claim payment back, minus Ship Watchers’ percentage fee, after the full cycle of the agreement (Example: Claim paid on the 20th of October and the client is set on a 60 day cycle, the claim payment will be sent out to the client on or around the 21st of December by Ship Watchers). All claim payments will be applied to any past due balances or held until all debt owed by the client to Ship Watchers has been paid in full.
Trademarks and/or Service Marks
Nothing contained within this Agreement or Ship Watchers (MyShipWatcher) should be construed as granting any license or right to use any trademark or service mark displayed at Ship Watchers (MyShipWatcher) without the express written permission of Ship Watchers (MyShipWatcher), or such third party that may own the trademark or service mark.
Ship Watchers (MyShipWatcher), Logo and/or other products and service names referenced on the Service are either trademarks or service marks or registered trademarks or service marks of Ship Watchers (MyShipWatcher) or its subsidiaries in the United States or other countries. Other products and services mentioned on the Service may be trademarks and/or service marks or their respective owners.
UPS Terms and Conditions
You agree to Ship Watchers systems and or employees may agree and be authorized to agree to periodical updates in terms and conditions that may arise. The latest updated UPS Terms and Conditions may be found here (http://www.ups.com/content/us/en/resources/ship/terms/index.html?WT.svl=..) in which you agree to as well when agreeing to these terms and conditions. These terms can change without notice to client’s and you agree as client’s to check the above link periodically for changes.
FedEx Terms and Conditions
You agree to Ship Watchers systems and or employees may agree and be authorized to agree to periodical updates in terms and conditions that may arise. The latest updated FedEx Terms and Conditions may be found here (http://www.fedex.com/us/service-guide/terms/) in which you agree to as well when agreeing to these terms and conditions. These terms can change without notice to clients and you agree as clients to check the above link periodically for changes.
DHL Terms and Conditions
You agree to Ship Watchers systems and or employees may agree and be authorized to agree to periodical updates in terms and conditions that may arise. The latest updated DHL Terms and Conditions may be found here (http://www.dhl-usa.com/en/express/shipping/shipping_advice/terms_conditions.html) in which you agree to as well when agreeing to these terms and conditions. These terms can change without notice to clients and you agree as clients to check the above link periodically for changes.
USPS Terms and Conditions
You agree to Ship Watchers systems and or employees may agree and be authorized to agree to periodical updates in terms and conditions that may arise. The latest updated USPS Terms and Conditions may be found here (https://about.usps.com/publications/pub141/summary-of-our-terms-and-conditi.htm) in which you agree to as well when agreeing to these terms and conditions. These terms can change without notice to clients and you agree as clients to check the above link periodically for changes.
Fee Structure and Savings Costs
All ranges are based on volume and service levels of the account. Please contact Ship Watchers billing for the fee criteria if you have a question on any Statement of Account. They are able to provide you with the fee structure information.
All fee percentages are on file with Ship Watchers and may be requested at any time.
Savings shown online and within the Statement of Account are based on the actual refunds and credits to the account while adding in employee cost (determined by the average given by the Federal Government). The employee costs can include payroll, benefits, retirement and more overall costs. Your Statement of Account will show a breakdown of these areas with the actual adjustment detail and the overall savings.
Ship Watchers offers additional services such as Freight Payment, Cargo Rates, Customized Reporting and Contract Negotiations. These services will be negotiated and agreed to by each party mutually within the portal.
Payments can be made within the web portal or via Company Check. All credit card or check payments may be subject to a payment vendor fee and applied to the next billing statement. However setting up “Auto Bill Payment” within your My Account page can be completed with no fees.
Optional Check Payments Can Be Made To:
In the event a client wants to cancel with Ship Watchers a 30-day written notice is required from the client. Parent Client Accounts such as those associated with Referral Partners, 3rd Party Providers, Fulfillment Companies, and other Distribution Companies with more than one Child Account will be required to provide 90-day written cancellation notice. No other requests via voicemail or in person are accepted. At the end of the 30 or 90 days all Ship Watchers Statement(s) of Account(s) must be paid in full or we reserve the right to hold funds from any claim or freight payments made in to our account for the client. Late fees will still apply to outstanding balances and overdue non-paid Statements of Accounts. Accounts that close data links with Ship Watchers and or the shipping carriers while the 30 or 90 day notice is in effect can be subject to a Link Closing Fee of an average of the clients 3 highest invoices or a standard fee of $600 dollars (whichever is greater). Collection fees will be added on accounts being referred to collections. All funds being held for past due amounts will have the amount(s) deducted and payment in the form of a manual check will be mailed to the last known client's address on file within 90 days of written cancellation of the account.
When you set up the “Auto Bill Payment”, Ship Watchers will draft a check on your checking account for the amount due on the Statement of Account. You agree that Ship Watchers may draft a check with “no signature required” on behalf of your company to pay the statement in full. You also agree to cancel this service with written notice either via email or mail to our processing center. There is no fee for this service; however a fee of $35 may be charged for returned checks.
Payments will automatically be processed for overdue statements and future statements will be processed within 5 business days of the due date located on the Statement of Account.
Auto Bill Payment Expiring Credit Cards or Funding Sources
Ship Watchers will send you notifications on your expiring credit card or automated payment funding source. If a new funding source is not entered into our system before at least 90 days before the expiring funding source has expired our billing system will begin to advance bill. Advance bill is an average of your Statement of Account plus any large adjustments over $300 that come in during that time period. This insures that by the time the funding source has expired all client Statement(s) of Account are paid. You can keep the system from doing this by updating your funding source when you see an alert message either on your Statement of Account or an e-alert from our network in your email.
Expired funding sources over 30 days old will lose the 1% automated payment discount to their Statement of Account going forward.
Authorization to Convert Your Checks or Shipping Carrier Checks Made Out To You
If you or any shipping carrier sends us a paper check to satisfy a debt or credit, the check will be converted into an electronic check or modified check via our internal processing. “e-check” is the term used to refer to the process in which we electronically submit or create a modified check that is submitted from your or the carriers financial institution funds from the account on the check to another account, rather than processing the paper check received. By sending the completed, signed check to us with our address location on the check, you authorize us to copy your check, modify only the contact and or payee information (no amounts or monies changed however errors in amounts may occur due to typos but will be rectified with the carrier, client or financial institution) and to use the account information from the check to make an e-check from your account for the same amount as the check. You agree to the modified name of the payee will be the owner of the account being deposited into and will always carry the clients name and information as well for proper processing. If the e-check cannot be processed for technical reasons, you authorize us to process the copy of your check, a carrier check or a duplicate modified check. You authorize only checks from shipping carriers where Ship Watchers is the C/O and or the address location on the check is made out to 36 Warner Street, Manchester NH 03102 as well as made out in your client name to be adopted under this authorization as well. All payment checks are imaged and held on file within our office location.
The e-check from the account will usually occur within 24 hours, which is faster than a check is normally processed. Therefore, make sure there are sufficient funds available in the checking account when a check is sent to us. If the electronic fund transfer cannot be completed because of insufficient funds, we may try to create the e-check up to two times.
The e-check from the account will be on the account statement received from the financial institution. However, the e-check may be in a different place on the statement than the place where checks normally appear. For example, it may appear under “other withdrawals” or “other transactions.” You may not receive your original check back from your financial institution. For security reasons, we will destroy your original check, but we will keep an electronic copy of the check for record keeping purposes.
You should contact your financial institution immediately if you believe that the e-check reported on your account statement was not properly authorized or is otherwise incorrect. Consumers have protections under a Federal law.
The Ship Watchers (MyShipWatcher) Developers reserves the right to amend the Terms of Service that govern use of the Client Plan Services and the Ship Watchers (MyShipWatcher) website at any time by (a) posting a revised version of the Terms of Service on the Ship Watchers (MyShipWatcher) website , or by (b) sending information regarding any amendment to the Terms of Service to the email address Client provides to the Ship Watchers (MyShipWatcher) Developers. Client is responsible for regularly reviewing the Ship Watchers (MyShipWatcher) website to be notified of any amendments to the Terms of Service. Client’s continued use of the Client Plan Services after such amended Terms of Service have been posted or information regarding such amended Terms of Service has been sent to Client shall be deemed acceptance by Client of the amended Terms of Service.
Personal information provided on the Network registration form may be deleted if the user does not access Ship Watchers (MyShipWatcher) for 3 months.
Accounts agree to a 7.49% late charge on unpaid balances. Payment cycles are located within your portal or on your paper statement. You agree to pay your invoice within a 7 day window from the statement generated date.
Returned checks are subject to a $35 fee per check returned.
Last updated February 2017. See: www.shipwatchers.com for additional terms that apply.
Terms and conditions may be amended by Ship Watchers without notice to any client from time to time.