Secureship Terms and Conditions (Last Updated on December 5, 2020)1. ACCEPTANCE OF TERMS AND CONDITIONS
By retaining Secureship you (the customer) are deemed to accept the Secureship terms and conditions of service as set out in this document (the " Secureship Terms and Conditions
" or the "Agreement
"). Agreements to vary the Secureship Terms and Conditions are only valid if made in writing. 2. SERVICE
Secureship provides you with the ability to select a variety of carriers to ship your packages, and you are also deemed to have knowledge of and accept the terms of service of any carrier retained by Secureship on your behalf. In the case of any discrepancy between a carrier's conditions of service and the Secureship Terms and Conditions, the Secureship Terms and Conditions shall prevail. Secureship cannot agree to alter the terms of service of any freight carrier retained to ship your packages. Any shipment request you make to Secureship with instructions, whether oral or written, that conflict with either the Secureship Terms and Conditions or freight carrier terms and conditions shall be deemed null and void. 3. RESTRICTION OF ON-TIME GUARANTEE REFUND
The on-time money back guarantee offered by UPS®, FedEx®, DHL®, TNT®, Purolator®, Canpar®, Loomis®, Dicom® or any other carrier offered by Secureship is not available to you for any shipment that you send through Secureship. 4. EXTENT OF LIABILITY
The carrier selected by you or Secureship for transportation of your shipment, is liable to you within the fullest extent of their terms and conditions. You must bring all legal actions that may arise from your shipment against the carrier selected by you or Secureship. Secureship shall not be liable to you in any way for any damages you suffer, whether direct, indirect, special, incidental or consequential, including but not limited to the following: Your loss of profit or revenue incurred as a result of Secureship's acts or omissions including but not limited to gross negligence, negligence causing damage, loss, damage to the shipment, theft of the shipment, improper packaging, improper handling or delay of the shipment even if Secureship is advised in advance that such possibility exists. Secureship reserves the right in its sole discretion to deny and you agree not to permit any claim or action against Secureship, pertaining to any damage, loss of a shipment, associated costs, or financial penalties to the carrier, consignee or third-party carrier. You agree to indemnify Secureship against any damage, loss, costs or expense it suffers directly or indirectly because of such demand, claim or action and assume responsibility for any costs and expenses that Secureship endures in defending against the demand, claim or action. 5. PAYMENT FOR SERVICES
By providing Secureship with a shipment, you agree to pay for the shipment in full within the applicable time period. All accounts with Secureship are Due Upon Receipt unless otherwise stated in writing. Overdue accounts will accrue interest at a rate of 0.4580% per week, calculated and compounded weekly on the delinquent amount (26.82% per year), pro-rated to the date when payment is made. Administrative charges may be levied for administration or account processing activities in connection with your account, including, without limitation, as a result of the following: collection efforts due to non-payment, returned or rejected payments.
Secureship accepts payment by credit card only. By choosing to ship your goods with Secureship, you hereby agree that Secureship has the right to place a $100 security hold on your credit card at the time your order is placed, which funds shall then be automatically refunded upon payment of your account, or, in the event that you under declare the weight/size of your package, this $100 hold shall be applied in payment of the resulting increase in costs. You further acknowledge that, when paying Secureship with a new credit card, Secureship may require that a $5.00 refundable charge be placed on your credit card at the time your order is placed. This amount is then refunded to your credit card no later than 24 hours later.
In the event that shipping costs of your package increase due to underreported package size or weight, Secureship shall bill your credit card for this increased cost, and you hereby authorize Secureship to do so.
It is your responsibility to ensure that your credit card has a sufficient balance to carry the costs of shipping your package. You acknowledge that, in the event that your credit card is declined, a $50 charge-back fee per incident will be added to your credit card by Secureship. Further, your shipment may not be processed and may be suspended, which may result in a delayed delivery time or cancellation of your shipment. In the event that your credit card is declined, Secureship has the right to add a reasonable administrative fee to your account, and to terminate your account without further notice.
You are required to bring any dispute that you may have with regard to billing to Secureship's attention no later than forty-five (45) days after billing occurs. No billing disputes will be entertained after this time, and you will be deemed to have irrevocably accepted the validity and quantum of all such bills. 6. CREDIT
Credits to your account may be issued to you at Secureship's discretion ("Goodwill Credits"). All Goodwill Credits issued to you can be used towards payment for services from Secureship. Any Goodwill Credit issued to you at Secureship's discretion shall expire six (6) months following the issuance of said Goodwill Credit. 7. DORMANT ACCOUNT FEES
From time to time, credits may be applied to your account for overpayment of services to Secureship ("Account Credits"). Any overpayment by you towards your account shall be credited by Secureship towards any future fees incurred by you for services provided by Secureship. Any Account Credits are not exchangeable for cash. Following fifteen (15) months of account inactivity, these Account Credits will be charged a monthly fee of $2.50. 8. FEES FOR NON-PAYMENT
If, at any time, Secureship is required to bring any enforcements measures, including any action or suit, relating to non-payment of invoices arising from of this Agreement or the services provided to you by Secureship, you shall be required to pay an administration fee, as listed below as well as reasonable lawyers' fees and costs and expenses expended or incurred in connection with any such suit or action.
- i) For invoices ranging from $26.00 to $499.00, there shall be an administrative fee of $75.00;
- ii) For invoices ranging from $500.00 to $999.00, there shall be an administrative fee of $150.00; and
- iii) For invoices amounting to $1,000.00 or more, there shall be an administrative fee of $200.00.
All administrative fees incurred in accordance with this section 6 shall be added to your current invoice and shall be due and payable immediately. 9. DELINQUENT ACCOUNT
A payment that is returned to the issuing institution with the mention of non-sufficient funds becomes a delinquent account. As such, you will be charged a $45.00 fee upon each occurrence thereof (the "NSF Fee"). The NSF Fee will be added to your current invoice and shall be due and payable immediately. 10. RIGHT OF INSPECTION
Secureship reserves the right to open and/or inspect any shipment for any reason,but is not obliged to do so. 11. PACKAGING REQUIREMENTS
Carriers require that all shipped goods conform to International Safe Transit Association
(ISTA) packaging standard 3A, and it is your responsibility to ensure that packages you ship conform to this standard. You are advised (and you acknowledge) that any failure to package shipped goods to this standard may result in the carrier's refusal to ship or to insure your packages. You further acknowledge that you are familiar with and agree to any restrictions on goods to be shipped that the carrier you select may have in force from time-to-time, and that all goods you choose to ship adhere to any such restrictions or guidelines. You acknowledge that any non-compliant packages that you do ship are shipped at your own risk, and that you are not entitled to claim a refund of transportation costs or for any loss or damage to such items. 12. REFUSAL OF PACKAGE OR SERVICE
Secureship reserves the right to refuse any shipment which, in its sole opinion, does not comply with the Secureship Terms and Conditions or the terms and conditions of carriage of any carrier, or which may, by its nature, can cause damage to, taint or soil any equipment owned, leased or operated by Secureship. Refusal may be based on a shipment being improperly packaged, wrapped or labeled. Secureship further reserves the right to refuse and/or cancel services or terminate the accounts of customers who exhibit aggressive or abusive behavior towards Secureship's contractors or staff. 13. RETURNED SHIPMENTS
You agree to be responsible for the cost of returning any shipment refused by the consignee or that cannot be delivered for any other reason. You are also responsible for payment of any duties, taxes or fees as applicable. 14. SHIPPING LABELS, DELIVERY AND TRACKING
You acknowledge that labels created via Secureship's website for your package MUST be printed and attached to your package prior to shipping. HANDWRITTEN WAYBILLS ARE NOT PERMITTED
, and if used, will result in an additional $20 administrative charge being added to your order, if the order is deemed acceptable by Secureship.
It is your responsibility to ensure that your package, once ready for shipment, is received by the carrier you select. Secureship shall not be responsible for missed package pick-ups and any delay in package delivery that may result.
The carrier you select may not contact you if there are problems with your shipment. Therefore, you are solely responsible for tracking your package, for contacting either the carrier or Secureship if a problem with shipping occurs, and for correcting the problem. 15. INTERRUPTION OF SERVICE
Secureship shall not be held liable for any interruption in service caused by actions beyond Secureship's control. 16. INTERNATIONAL SHIPMENTS
You are responsible for all applicable international treaties, laws, regulations, or requirements of any country to, from, through or over which your shipment may be carried. You are responsible for any customs requirements, import laws and regulations of any country to, from, through or over which your shipment may be carried. You agree to furnish such information and complete such documents as are necessary to comply with such treaties, laws, regulations, orders or requirements. If the local law or other conditions exist that do not allow customs clearance by the carrier or requires a third-party customs broker, you are responsible to provide an alternate customs broker at your own cost. Secureship and the carrier assume no liability to you or any other person due to your failure to comply with this provision. 17. ENFORCEMENT OF TERMS OR CONDITIONS
Any failure by us to enforce or apply a term or condition of this Agreement does not constitute a waiver of that term or condition, and does not otherwise prevent Secureship from relying on such term or condition. 18. SEVERABILITY
If any provision of these terms is, for any reason, invalid and/or unenforceable, the remaining provisions shall continue to be valid and enforceable to the fullest extent permitted by law. The parties agree to replace an invalid and/or unenforceable provision with a valid and/or enforceable provision which most closely approximates the intent of the invalid and/or unenforceable provision. 19. FUTURE CHANGES TO TERMS AND CONDITIONS
Secureship reserves the right to unilaterally modify, amend, change or supplement the Secureship Terms and Conditions without notice to you. Only an officer in the Legal Department of Secureship may authorize a supplement to, or modification, change or amendment of, the Secureship terms and conditions. No other agent or employee of Secureship, its affiliates or subsidiaries, nor any other person or party, is authorized to do so. 20. ENTIRE AGREEMENT
This document will serve as the entire agreement governing the relationship between yourself and Secureship. All other communications, whether verbal or in writing, are not to be considered, and do not form part of this agreement. The signing of this Agreement by you renders all other negotiations and agreements between the parties null and void. 21. ENGLISH AS THE PREVAILING LANGUAGE
The sole language that this contract shall be interpreted in is the English language, regardless of the country or province that you reside in. 22. JURISDICTION
This Agreement will be governed by the laws of the province of Ontario, Canada. By agreeing to the Secureship Terms and Conditions you are automatically submitting yourself to the jurisdiction of the courts of Ontario, situate in Ottawa, in the event that a dispute arises concerning, or that is related to, this Agreement. 23. ELECTRONIC COMMUNICATIONS
Secureship will, from time to time, generate and send electronic communications (such as emails) to you containing information about Secureship's new and current services and products. By entering into this Agreement, you are consenting to receive such electronic communications from Secureship at any electronic address that you provide. 24. ACKNOWLEDGMENT
By using Secureship's services, you acknowledge to have read, understood and agreed to be bound by the preceding Terms and Conditions. Until such time as you accept the above Terms and Conditions, you will not be permitted to use Secureship's services and a contractual agreement will not be formed between the parties.