Terms and Conditions
MyShipWatcher is an online information service (the 'Service') of Ship Watchers, LLP ('SW') and ShippingAuditor.com ('SA'). 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
- Access to the Service is for the User ONLY and may not be shared. The User is responsible for the confidentiality and use of the User's username and password. The User's responsibility extends to all activity and use under the username and password. By using the Service, you agree not to copy, reproduce, retransmit, photocopy, distribute, disseminate, sell, publish, broadcast, circulate, create derivative works of or store the information received through the Service, in whole or in part, without the express prior written consent of Ship Watchers (MyShipWatcher).
- The User agrees to provide complete and accurate account information. It is the sole responsibility of the User to report any changes to the Ship Watchers (MyShipWatcher) Customer Service department immediately. Further, if it is determined that the information provided is inaccurate or incomplete, Ship Watchers (MyShipWatcher) reserves the right to suspend or terminate the account and/or the User's access until the necessary information is provided by the User.
- The information available through the Service is the property of Ship Watchers (MyShipWatcher) and is protected by copyright and other intellectual property laws. Information received through the Service is for the User's use only, and may not be copied or distributed except as permitted in Section 1
- Users may not post any information from the Service to newsgroups, mail lists, electronic bulletin boards, or any other public forum without the prior written consent of Ship Watchers (MyShipWatcher).
- Ship Watchers (MyShipWatcher) reserves the right to monitor the User's use of the Service to ensure the User's compliance with these Terms and Conditions. If it is determined that the User is not in compliance with these Terms and Conditions, Ship Watchers (MyShipWatcher) reserves the right to take such action as it deems necessary, including, but not limited to, suspension or termination of the User's account. The User acknowledges that such monitoring of use may include determining whether or not the Service is accessed under the account from multiple IP addresses, as well as noting excessive use of Subscription accounts.
- The Service includes company and product information related to public and private technology firms. Ship Watchers (MyShipWatcher) does not guarantee the accuracy, completeness, or timeliness of this information, nor does Ship Watchers (MyShipWatcher) give investment advice, advocate the purchase or sale of any security or investment, endorse or guarantee the quality of goods and services provided by the companies covered, or otherwise comment upon the companies and products mentioned in the Service.
- The User, especially in the case of Affiliate or other Third Parties with Parent and Child Accounts, agrees not to disclose, share, or otherwise distribute any confidential information surrounding, but not limited to, carrier and shipper rates, incentives, discounts or other trade secrets not publicly known to other parties, subsidiaries, or clients and hereby understands how detrimental this could be to the Service. The Service shall not be held responsible for any circumstance(s) that arise through the illegal or misguided use of data, intelligence, and confidential information provided by the Service.
Disclaimer Of Warranties And Liability
- Due to the number of sources from which information on the Service is obtained, and the inherent hazards of electronic distribution, there may be delays, omissions, or inaccuracies in such information and the Service, and Ship Watchers (MyShipWatcher) shall have no liability for any such delays, omissions, or inaccuracies. Your sole and exclusive remedy for dissatisfaction with the Service is to stop using the Service.
- Ship Watchers (MyShipWatcher) CANNOT AND DOES NOT WARRANT THE ACCURACY, COMPLETENESS, CURRENTNESS, NONINFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE OF THE INFORMATION AVAILABLE THROUGH THE SERVICE, WHICH IS PROVIDED TO THE USER "AS IS" OR OF THE SERVICE ITSELF. NEITHER Ship Watchers (MyShipWatcher) NOR ANY OF ITS AFFILIATES, AGENTS, OR LICENSORS SHALL BE LIABLE TO THE USER OR ANY OTHER PARTY FOR ANY LOSS OR INJURY CAUSED IN WHOLE OR IN PART BY Ship Watchers (MyShipWatcher) OR CONTINGENCIES BEYOND ITS CONTROL IN PROCURING, COMPILING, INTERPRETING, REPORTING, OR DELIVERING THE SERVICE AND ANY INFORMATION THROUGH THE SERVICE. IN NO EVENT WILL Ship Watchers (MyShipWatcher), ITS AFFILIATES, AGENTS, OR LICENSORS BE LIABLE TO THE USER OR ANY OTHER PARTY FOR ANY DECISION MADE OR ACTION TAKEN BY THE USER IN RELIANCE ON SUCH INFORMATION, OR FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL (INCLUDING LOST PROFITS), SPECIAL OR PUNITIVE DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
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, www.myshipwatcher.com, or www.shippingauditor.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) is committed to protecting your privacy. Information that Ship Watchers (MyShipWatcher) collects stays within Ship Watchers (MyShipWatcher) and any information distributed to third parties is reported in aggregate only. Ship Watchers (MyShipWatcher) does not otherwise give or sell your information.
Ship Watchers, LLP (MyShipWatcher) and ShippingAuditor.com SOLUTION AGREEMENT
PLEASE READ THIS INFORMATION CAREFULLY. IF YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MUST ACKNOWLEDGE YOUR AGREEMENT BELOW ON BEHALF OF YOURSELF AND THE ENTITY, IF ANY, WITH WHOM YOU ARE EMPLOYED OR REPRESENT. ONCE ACKNOWLEDGED, THIS DOCUMENT WILL CONSTITUTE A LEGAL AGREEMENT BETWEEN Ship Watchers (MyShipWatcher) ("Service Provider") AND YOU AND SUCH ENTITY (collectively referred to as "Client" hereinafter). PLEASE PRINT OUT A COPY OF THIS SERVICE AGREEMENT AND RETAIN IT WITH YOUR FILES FOR FUTURE REFERENCE.
The parties agree as follows:
1. Service Provider agrees to provide the following services to Client: (i) Tracking and refund service, which determines if Client shipments arrive on time according to the carriers "money back guarantee policy", and then submits refund requests for all shipments that did not arrive on time. (ii) Invoice summary reporting, which provides Client with Invoice data in an Excel Spreadsheet Format or ASP.
2. Data Privacy Clause. Client hereby grants to Service Provider, during the term of this Agreement, the non-exclusive right to view invoice and tracking data made available to Service Provider through www.FedEx.com, www.Airborne.com, www.DHL.com, www.UPS.com, www.USPS.com, www.ShipStation.com, FedEx Ship Manage/Power Ship and any other software or documentation client uses for tracking or billing purposes. Service Provider agrees to use the data solely for the purpose of tracking and determining if shipments are eligible for refund. Service Provider may not index, present, publish and otherwise disseminate the Data in any format whatsoever.
3. No ownership rights are transferred by this Agreement. Each party retains sole and exclusive rights to all of its intellectual property. Ship Watchers (MyShipWatcher) remains the sole and exclusive owner of all software used for Tracking and Refund Requests.
4. Fees and Payment Schedule. Service Provider will charge a set percentage rate of the total shipping charges received as a refund by Client or a monthly minimum fee (See SOLUTION AGREEMENT 4a.), whichever is greater and is dependent on yearly shipping characteristics, waivers in place with carrier(s), and Add-On Solutions. Refunds do not include cost of goods or monies received from carrier insurance claims by Client. Invoices will be payable on receipt and issued on a monthly invoice cycle. In times of quarterly closings and also holiday peak seasons between October and January Service Provider can issue more than one invoice due to large amounts of adjustments.
4a. Minimum Monthly Fee (ShippingAuditor.com). Ship Watchers will charge a minimum monthly or set monthly fee based on yearly shipping volume and costs, reviewed every 90 days, where Client elects to utilize Ship Watchers auditing solution and additional services. This fee will be determined through an ROI Proposal and Cost Analysis provided to Client prior to or within 7 business days of signing up with Ship Watchers. An example of the Monthly Fee Schedule is as follows (USD):
$0 - $50k $39 per month minimum
+$50k - $100k $79 per month minimum
+100k - $150k $119 per month minimum
+150k - $200k $159 per month minimum
+200k - $250k $199 per month Minimum
+$250k - $300k $249 per month minimum
+$300k - $350k $289 per month minimum
+$351k - $450k $349 per month minimum
+$451k - $600k $499 per month minimum
Yearly cost exceeding $600k per year will be analyzed internally for customized billing dependent of shipping characteristics and/or additional services requested or required.
5. Term. The term of this Agreement shall be for one year from the Effective Date of this Agreement unless terminated earlier in accordance with Section 6 and shall automatically renew for additional one (1) year periods.
6. Termination. Either party may terminate this Agreement upon thirty (30) days prior written notice to the other party. (90) days prior written notice to the other party is required if you are a Parent Account with more than one Child Account. In addition, if the client should breach this Agreement (i) Client shall immediately cease using the service, (ii) Client shall pay to Ship Watchers (MyShipWatcher) all Fees which have accrued prior to termination and are owed to Ship Watchers (MyShipWatcher).
7. Adjustments may be placed from time to time by the Client or the Shipping Carrier for inaccurate rates, duplicate charges, etc. Client agrees to notify Ship Watchers of these adjustments totaling $200 and over at least 7 business days before the closing of the clients Statement of Account. If Ship Watchers finds the adjustments before they are credited by the Shipping Carrier and no notification was given (via Ticket or USPS mail) the Client agrees that Ship Watchers is to be paid the percentage fee in place for services provided. Under $200 can be disputed with Ship Watchers via our Support Center.
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.
Damaged, Missing, Stolen and Lost Package Claims
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, damages, missing, stolen, and lost package claim processing for your company with the shipping carriers on file for you under your “Shipping Accounts" section as an authorized agent. Any Claim Payments by the Carrier 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 claim 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 the original shipping charges as a fee to Ship Watchers for this service, 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 minus shipping cost 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.
Users of the MyShipWatcher Portal will have the option to start a Tracer Investigation. These investigations can be requested by Client and require the Carrier to perform an internal investigation into the whereabouts of the package to either confirm the package has been delivered or that it is missing and needs a claim to be submitted. All tracer investigations processed by Ship Watchers will fall under the same fee structure as indicated under "Damaged, Missing, Stolen and Lost Package Claims" outlined above.
Users of the MyShipWatcher Portal will have the option to start a Dispute inside the portal for any issues encountered with a package while in route to the consignee or realized in the billing by the carrier. Examples of Disputes include, but are not limited to, an incorrectly charged accessorial, damaged package, missing package, unauthorized charge, chargebacks, wrong account billed, rate discrepancy, etc. Any Disputes filed with Ship Watchers will be billed according to the terms of this agreement or any addendums in place at the time of Dispute.
Trademarks and/or Service Marks
This online information service, including the design and presentation employed, is protected by applicable trademark and copyright laws and is the property of Ship Watchers (MyShipWatcher). All rights are reserved.
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), ShippingAuditor.com, 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), ShippingAuditor.com, 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 and you agree as client 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.
You may not, nor may you allow others to, directly or indirectly, attempt or actually disrupt, impair or interfere with, alter or modify the Service. You may not, nor may you allow others to, directly, or indirectly, collect or attempt to collect any information about others, including passwords, account or other information.
Fee Structure and Savings Costs
Ship Watchers charges a percentage of adjustments and or service failure refunds for the auditing solution or a minimum monthly fee, whichever is greater. The fee is produced to this client at the beginning of use through an ROI Proposal and Cost Analysis of historical shipping data. This fee may change with a 30 day notification from Ship Watchers depending on shipping volume and service changes by the client.
All fees are based on volume and service levels of the account and take into consideration any waivers in place with the carrier preventing the refund of late deliveries or other errors and incorrect charges found. Please contact Ship Watchers billing for the fee criteria if you have a question on any Statement of Account.
All fee percentages and minimum monthly charges 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, Claims Processing, Customized Reporting and Contract Negotiations. These services will be negotiated and agreed to by each party mutually within the portal.
Ship Watchers reserves the right to bill client accounts that have been with Ship Watchers for more than one year and then enacted into a "Service Failure" wavier in such that impacts more than 50% of your total savings per month a percentage fee of the current savings realized up until 13% is paid back to Ship Watchers. After that auditing fee will return to existing fee for additional adjustments. This clause is void if client contacts Ship Watchers via email (firstname.lastname@example.org) and or if the client selects "Service Failure Wavier" under the Settings link 60 days before the wavier is put in place.
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:
36 Warner Street
Manchester, New Hampshire 03102
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 Client's 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.
Termination for Non-Payment
Ship Watchers may terminate this Agreement, with respect to all or any applicable Services it provides hereunder, if the Client fails to pay undisputed amounts due in accordance with this Agreement, and the Client fails to cure such payment default within thirty (30) days of receipt of notice of the payment default from Ship Watchers.
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 carrier's 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 client's 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 Federal Law.
Ship Watchers (MyShipWatcher) may discontinue or change the Service, or its availability, at any time without notice. A User's rights and obligations under this Agreement are not assignable. This Agreement shall be governed by the laws of the United States of America and the Commonwealth of New Hampshire governing contracts wholly entered into and wholly performed within New Hampshire and is subject to the exclusive jurisdiction of the courts in the Commonwealth of New Hampshire. Ship Watchers (MyShipWatcher) shall not be responsible for delays or performance failures caused by actions or events beyond its reasonable control. If any provision of this Agreement is deemed illegal or unenforceable, all other provisions shall remain in full force and effect.
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.
Incorporation of Proposal
The parties incorporate by reference Ship Watchers Proposal (Evaluation ROI Estimator and Quote) if one was presented to Client. Client agrees that figures presented in the estimate are for the purpose of identifying possible savings opportunities should Client elect to move forward with Ship Watchers and are not verifiable, actual, or guaranteed savings by using such services provided by Ship Watchers (MyShipWatcher) or ShippingAuditor.com.
Wherever any of the terms set forth in Ship Watchers Proposal (Evaluation ROI Estimator and Quote) or the Terms and Conditions conflict or are inconsistent, the parties agree that the conflict or inconsistency shall be resolved by the Terms and Conditions first.
Acceptance of Terms and Conditions
Upon your acceptance of this Agreement, you agree to be bound by all of its terms and conditions and acknowledge your receipt and understanding of this Agreement.
Terms and conditions may be amended by Ship Watchers (MyShipWatcher) and/or ShippingAuditor.com without notice to any client from time to time.