Terms and Conditions of Service

 

Definitions

As used in the following terms and conditions of this agreement, "you" and "your" refer to the sender, its employees and agents and anyone else using this site and/or service.

"We", "our" and "us" refer to EPOSTG and any member of the EPOSTG Network, including, but not limited to, appointed agents.

"Recipient" refers to the person or company to whom you request delivery of one or more packages.

"Shipment" means all documents or parcels that travel under one waybill and which may be carried by any means we choose, including air, road or any other carrier. A "waybill" shall include any label produced by EPOSTG.com automated systems, air waybill, consignment note or trigger number under these Terms and Conditions.

 

Agreement to Terms

Please note that different terms and conditions may apply in certain countries. You are agreeing, on your behalf and on behalf of anyone else with an interest in the shipment that these Terms and Conditions ("Agreement") shall apply when you are using this site and/or service including, but not limited to, from the time that we or our authorized agent accepts the shipment. By giving us your shipment to deliver, you warrant that you are the owner of the goods transported hereunder or you are the authorized agent of the owner of the goods and you agree to the terms and conditions set forth on the waybill. No one is authorized to alter or modify the terms of this Agreement. The shipment is NON-NEGOTIABLE and has been prepared by you or on your behalf by us. By utilizing our broker services, you understand and agree that we or our agents may contract with one or more direct or indirect air carriers or other transportation service providers for the delivery of your shipment. Nothing in this Agreement is intended to or shall be deemed to provide you with any greater rights or remedies than are available to us in the event of any actions, inactions, errors, omissions or negligence of any direct or indirect air carrier or other transportation service providers being utilized in the delivery of your shipment.

 

Registration

By completing the registration process for our service, you agree to pay all fees in accordance with the terms and conditions of the service plan selected by you as more fully described on the web pages of this website. If you change service plans, you agree to be bound by the payment pricing and terms of the new plan. If the 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 us on behalf of the business or other entity.

 

Locations and Users

Each EPOSTG service account may only be used at a single address. In addition, each authorized and unique service User ID is limited to one person in any given month and may not be shared by multiple persons.

 

Pricing

You will always be primarily responsible for all delivery costs, as well as applicable service plan fees and any costs we may incur in returning a shipment to you or otherwise holding or disposing of such shipment if delivery cannot be affected.

We provide several levels of service plans to our customers and your service fee will be calculated based on the service plan that you select. You may switch between plans at any time. If you are offered free trial service plan, the initial free trial offer is limited to one per person, one per company and one per account holder. All plans, after an initial free period, are subject to a monthly service fee. Users are responsible for paying for all postage purchased from their account.

 

Promotions

Upon registration, you may receive promotional offers from us. The promotional offer may not be combined with any other offer or promotion, and is not transferable and cannot be exchanged or redeemed for cash. Limit: one (1) promotional offer per USER ID.

 

Free postage offers

You may earn Free Postage offered by an applicable promotion. All free postage shall expire and be deemed forfeited upon cancellation of your account. Under no circumstances will you be entitled to a credit, refund, or other reimbursement for unused or expired free postage. Other than as set forth in any free postage offer you may receive, you are responsible for the cost of the postage itself.

 

Termination

You are free to terminate your service plan at any time in writing. In the event an account is closed containing a balance in excess of $1.00, then we will return the remaining balance less any applicable fees. If you have unpaid service fees, the postage refund will not be provided immediately.

Your accounts must be closed prior to the end of the trial to avoid any service fees. Applicable service fees will be charged, should the account not be closed within the trial period. As long as an account is not closed, you will continue to have access to your account and be billed the appropriate full service fee. The free postage and, if applicable, monthly service fee credit you received from us may not be redeemed for cash, and such free postage and credit shall be null and void. In addition, if there is any transaction fee occurred to receive your refund, you pay for the fees. If the account is inactive for a period exceeding 12 months, it will be automatically terminated without notice.

We have the right to terminate our service and/or your use of this service on a temporary or permanent basis at any time for any or no reason whatsoever and with or without advance notice.

 

Payment Types

All service fees, products and postage purchases shall be paid for in accordance with the following:

You authorize us to make automatic monthly payments by charging your PayPal account entered during the account signup process;

You must include correct account information. Providing incorrect information may cause delays in establishing service; and

Information received in connection with purchases will be protected and treated in accordance with our Privacy Policy.

 

Service Fee Payments

Monthly Service Plan Fees and any additional fees will automatically be charged to the PayPal account assigned to your account at the end of each billing cycle. Actual service charges shall occur on the date for your monthly billing cycle. Unless you cancel the account, you will continue to be billed a service fee on a monthly basis for the full amount due.

ACCOUNT DELINQUENCY: In the event your service fees are delinquent for three months or longer, your account may be subject to closure or suspension by us, in our sole discretion. In the event of any closure of your account as a result of unpaid service fees, we shall charge a $25.00 processing fee related to this account closure.

 

Postage Purchase

Purchases are billed when a customer selects to purchase postage.

When an account is initiated, the minimum postage purchase is $50 and the maximum is $500 and a customer\'s account may contain a minimum of $20 of postage at any given time. An unlimited number of purchases can be made.

You are allowed to print up to the amount of postage from your purchased postage balance that has successfully cleared, as long as all service fees have been paid. If any service fee payments cannot be completed successfully, you will be notified that service will be temporarily suspended until all past balances have been paid.

The postage amounts are calculated according to the higher of actual or dimensional weight and any shipment may be re-weighed and re-measured by us to confirm this calculation. You shall pay or reimburse us for all shipment charges, fees, storage charges, duties and taxes owed for services provided or incurred by us on your or recipient\'s behalf and all claims, damages, fines and expenses incurred if the shipment is deemed unacceptable for transport.

 

Refunds for Unused Postage

All claims for unused postage must be made electronically within five (5) days of printing shipping labels. Valid unused postage shall be defined as a label stock containing valid postage which is scanable and with tracking numbers that are eligible for the electronic refund. Postage executed the End of Day process, handled and/or sent to the receiving location and/or returned to sender shall not be considered valid unused postage. Upon confirmation of the validity of the unused postage, we will credit an active customer\'s account an amount equal to the value of the applicable postage face value for misprinted postage - certain restrictions may apply.

 

Declared Value Limits

Declared value declarations shall not exceed the shipment limits. If a shipment having an approved and accepted declared value is lost or damaged, our liability is, and shall be, limited to the declared value of the shipment lost or damaged, which declared value shall not exceed the per shipment limits. You have the responsibility of proving actual loss or damage. Under no circumstances shall we be liable for loss or damage claims in excess of any agreed upon and accepted declared value up to the per shipment limits.

 

Shipments Acceptance

We reserve the right to reject a shipment after acceptance but prior to delivery if:

Such shipment would likely cause damage or delay to other shipments, our equipment or personnel, (or the equipment, personnel or other shipment of indirect or direct air carriers or other transportation providers); or

The transportation, handling, delivery or possession of such shipment and/or its content is classified as hazardous material, dangerous goods, prohibited or restricted articles by IATA (International Air Transport Association), ICAO (International Civil Aviation Organization), any applicable government department or other relevant organization and does not meet the packaging or acceptance requirements outlined by the authority or destination country; or

We cannot transport an item safely or legally (such items include, but are not limited to,: animals, bullion, currency, bearer form negotiable instruments, precious metals and stones, firearms, parts thereof and ammunition, human remains and illegal narcotics/drugs).

 

Right to Inspect

We reserve the right to and may, at our option, open and inspect your shipment after we receive them from you.

 

Broker Services Only

We serve only as brokers for the delivery of your shipment. We act as an intermediary between you and other indirect or direct transportation providers who are responsible for delivery of your shipment to the recipient. Our services are limited to receiving shipment at the location designated by us and transmittal to such other indirect or direct air carriers or other transportation providers who perform the actual delivery services. Nothing contained in the shipment shall create, imply or expose us or our employees and agents, to liability, cost or expense as a result of the actions, inactions, errors, omissions or negligence of any such other indirect or direct air carriers or other transportation providers being utilized in the delivery of your shipment.

 

International Shipments

International air carriage is subject to the rules relating to liability established by the Convention for Unification of Certain Rules relating to International Carriage by Air; signed at Warsaw, October 12, 1929. We have a separate form of international air waybill. If your shipment is not accompanied by this form of international air waybill, you hereby authorize us to prepare and sign on your behalf such international air waybill containing, among other things, customs provisions and limitations on liability.

We may perform any of the following activities on your behalf:

Complete any documents, amend product or service codes, and pay any duties or taxes required under applicable laws and regulations, act as Shipper\'s forwarding agent for customs and export control purposes and as Receiver solely for the purpose of designating a customs broker to perform customs clearance and entry and redirect the Shipment to recipient.

 

Deliveries

Items are regarded as delivered if we have handed them over to our designated delivery agent or third party, including, but not limited to, the postal carrier, recipient or deposited them in the letterbox, mailbox or post office box or in another place specified for this purpose. You acknowledge the delivery events recorded electronically by our website or, nominated delivery agents website as proof of successful delivery.

 

Limitations on our Liability

Except as otherwise further limited herein, our liability for loss or damage to your shipment is limited to your actual delivery charge, unless prior arrangements have been made with us for you to declare a value and pay an additional charge. Any such arrangements require our prior written approval and acceptance. WE DO NOT CARRY CARGO LIABILITY INSURANCE. If such arrangements are made and accepted, and you pay the additional charge, our liability will be limited to your declared value, the actual value of your shipment or your actual damages, whichever is less.

Our liability for delays of more than three weeks not caused by your negligence is limited to a refund of your delivery charges only.

We will not be liable for your acts of omissions, including, but not limited to, improper or insufficient packaging, packing, securing, marking or addressing, or for the acts or omissions of the recipient or anyone else in connection with the shipment. We will not be liable if you or the recipient violates any of these terms and conditions of service.

We will not be liable for loss, damage or delay caused by events we cannot control or reasonably foresee, including, but not limited to, acts of God, negligence or improper conduct of direct or indirect air carriers or other transportation providers with whom we contract for delivery of your shipment, perils of the air, weather conditions, mechanical delays, act of public enemies, war, strikes, work stoppages, civil commotions, or acts or omissions of public authorities (including customs and quarantine officials) with actual or apparent authority. We will not be liable for loss or damage to shipments of cash, currency or other prohibited items. Our current list of prohibited items is available upon request.

WE WILL NOT BE LIABLE IN ANY CASE FOR INCIDENTAL, CONSEQUANTIAL OR SPECIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFITS OR INCOME, WHETHER OR NOT WE KNEW THAT SUCH DAMAGES MIGHT BE INCURRED.

 

Insurance

We may arrange insurance for you covering the actual cash value in respect of loss of or physical damage to the shipment, provided you complete the insurance section via our online systems and pay the applicable premium at time of booking. Shipment insurance does not cover indirect loss or damage, or loss or damage caused by delays.

 

Claims

All claims for the insured shipment must be made by you in writing; and

Within three (3) calendar days of arrival of your shipment at the departure agent location if your claim results from shortage; or

Within thirty (30) calendar days after we accept your shipment if your claim results from non-delivery only if prior arrangements for the insurance have been made with us for you to declare a value and pay an additional charge.

Your claim will be discussed with you by us if you notify us. However, your rights shall only be preserved if you notify us in writing of your claim within the applicable time period set forth herein. It is suggested that you send such written notice by certified mail, return receipt requested, in order to evidence such notice.

Within thirty (30) days after you notify us of your claim, you must send us all relevant information about it. We are not obligated to act on any claim until you have paid all delivery charges, and you may not deduct the amount of your claim from those charges.

If the recipient accepts your shipment without noting any damage on the delivery record, it will be assumed that the shipment was delivered in good condition. In order for us to process your claim, you must, to the extent possible, make the original shipment available for inspection.

All claims must refer to the shipper reference number.

We shall not be liable for any claims unless you bring an appropriate action within thirty (30) calendar days after the date written notice is given to you that we have disallowed your claim in whole or in part.

 

Change in Billing, Prices and Policies

We may change billing procedures, prices/promotions and/or policies at any time or from time to time with or without advance notice. All such changes will be posted on our website and emailed to existing active account holders and your continued use of our website and/or services constitutes your affirmation that you have read and understood such notices and agree to the terms contained therein.

 

Other Conditions on Use

Our service may not be used in violation of any law or in any way that interferes unreasonably with others\' use of the service. We reserve the right to verify the credit of all customers applying for the service. All transactions originating from a customer\'s account are the responsibility of such customer.

 

Intellectual Property Notice

Pursuant to the Digital Millennium Copyright Act, EPOSTG has designated the person at this email address customersupport@epostage.com as its agent to receive notifications of alleged intellectual property infringement on this website and the software and services available therein. If you believe that your work has been copied in a way that constitutes infringement, or otherwise been violated, please contact our Copyright Agent.

 

Indemnity

You agree to indemnify, defend, and hold harmless EPOSTG, its affiliates, agents, vendors, distributors, licensors and suppliers and their officers, directors, and employees from and against all losses, expenses, damages and costs, including reasonable attorneys\' fees, resulting from (a) any violation of the terms and conditions set forth herein, (b) any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing your account, (c) your use of (or inability to use) the EPOSTG service, the Software (as defined hereinafter) and this website; and (d) any use of your materials submitted to us by you or any other party, including, but not limited to, any third party claim of infringement of an intellectual property or proprietary right or invasion of privacy or publicity.

 

Confidentiality

At all times during the term hereof and at all times thereafter, you shall keep confidential and not disclose, directly or indirectly, and shall not use for the benefit of yourself, or any other individual or entity, any Confidential Information of EPOSTG. "Confidential Information" means any trade secrets, or confidential or proprietary information whether in written, digital, oral or other form that is unique, confidential or proprietary to EPOSTG or its licensors.

 

Arbitration

Except for the failure to pay any fees and/or disputes concerning a breach of the scope of the license granted herein, any other dispute arising out of, relating to or in any way connected with this Agreement, on written request of either party served on the other, shall be submitted to final and binding arbitration before a single arbitrator. If the parties are unable to agree on an arbitrator within thirty (30) days after a party has served notice of a request to arbitrate, then an arbitrator shall be selected by the American Arbitration Association pursuant to its then-current rules, within fifteen (15) days after the parties are unable to agree on the arbitrator. Arbitration shall take place in the City of Trenton in accordance with the Rules and Regulations of the American Arbitration Association (Commercial Division).

 

Use of the EPOSTG.COM Website and Copyright

Any software and/or content that are available on this site or through the services ("Software") are the copyrighted work of EPOSTG and/or its suppliers. Subject to the terms and conditions set forth herein and any third party restrictions, EPOSTG grants you a non-transferable, non-exclusive and non-sublicenseable limited right and license to view, use and access the EPOSTG Software and/or services to (a) incidentally view, print and download the images, text, graphics, photographs, audio, video and other content available within the EPOSTG Software and/or service solely for your informational purposes and for your immediate, private, personal and non-commercial use, and/or (b) deliver or facilitate the delivery of packages shipped, order and/or transported by you; provided you retain all EPOSTG copyright and proprietary notices contained in the original materials or any copies thereof. All rights not expressly stated herein are reserved by EPOSTG and EPOSTG disclaims any and all implied licenses. Without limited the foregoing, full or partial reproduction, transmission, modifications, links or use of this website, Software and/or service for public or commercial purposes are forbidden without the prior written consent of EPOSTG.

 

Ownership of the EPOSTG Website and Brand Copyright

"EPOSTG" AND THE CORRESPONDING LOGOS ARE REGISTERED BRANDS OF EPOSTG. NO PART OF THIS WEBSITE, THE SOFTWARE AND/OR THE SERVICES AVAILABLE THEREIN ARE DESIGNED IN SUCH AS WAY THAT A LICENSE OR RIGHT TO USE OF AN IMAGE, REGISTERED BRAND OR LOGO IS GRANTED.

 

Ownership of User Generated Content

You shall remain the sole and exclusive owner of all of the comments, content and other materials you submit to us ("Submission"), and you shall be solely responsible for your Submission and the consequences of posting or publishing them. By submitting your Submissions to EPOSTG, you hereby grant EPOSTG a worldwide, perpetual, non-exclusive, irrevocable, royalty-free, sublicenseable (through multiple tiers) and transferable license (with a right to create derivative works) to use, copy, distribute, perform, publicly perform and display your Submissions for any legal purposes whatsoever now known or hereinafter becomes known. You represent and warrant that your Submission is true, accurate, current, complete and not misleading, and does not violate the rights of any third party, including, but not limited to, intellectual property and proprietary rights.

 

Links to Third Party Websites

EPOSTG has not tested the websites linked to the EPOSTG website and/or services and is not responsible for, and disclaims any and all liability arising from, their content or for the products, services or other offers available therein. EPOSTG is not endorsing or recommending any product or service offered or information contained at such sites, nor is EPOSTG liable for any failure of products and services offered or advertised at those sites.

 

No Warranties

THE EPOSTG SOFTWARE, THIS WEBSITE AND THE SERVICES AVAILABLE THEREIN ARE PROVIDED "AS IS" AND "AS AVAILABLE." EPOSTG PROVIDES NO WARRANTIES OF ANY KIND AS TO THE FUNCTION OR USE OF THIS WEBSITE, THE SOFTWARE AND/OR THE SERVICES AVAILABLE THEREIN, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR PARTICULAR PURPOSE. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SOFTWARE, THIS WEBSITE AND THE SERVICES AVAILABLE THEREIN ARE WITH YOU. EPOSTG DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE, THIS WEBSITE AND THE SERVICES AVAILABLE THEREIN WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SOFTWARE, THIS WEBSITE AND THE SERVICES AVAILABLE THEREIN WILL BE UNINTERRUPTED OR ERROR FREE.

 

Governing Law/Forum

This Agreement shall be governed and interpreted by the laws of the State of New Jersey, and you agree to submit to the exclusive jurisdiction of the state and federal courts located in the State of New Jersey for the resolution of any dispute, action or proceeding arising from herein or your use or non-use of this website and its services.