DesktopShipper Terms of Service
Please read these Terms of Service carefully before using the site and the service.
This website, including all content made available through the website, (“Site”) is owned and operated by Intelligent Business Systems, LLC, an Oregon Limited Liability Company, dba DesktopShipper Cloud, DesktopShipper (collectively hereinafter referred to as DesktopShipper”), and its affiliates.
DesktopShipper may, from time to time, modify, amend, or supplement these Terms. Modifications, amendments or supplements to these Terms shall automatically be effective immediately after DesktopShipper has posted the modifications. You will be required to agree to the Terms of Service during Your next login attempt. If You decide You no longer wish to be bound by (or cannot comply with) these Terms, including the Terms as modified, You agree that Your sole remedy is to cease using the Services by canceling Your account. Your continued use of the Services constitutes Your agreement to be bound by the Terms, including the amended Terms.
A. Free Trial Offer Terms
If You select to sign up for DesktopShipper’s “free trial”, then You will not be charged a service fee for the period of the free trial offer; but You will be responsible for postage, fees for private carriers, package insurance, or other special services selected. If You remain a customer beyond the free trial period, Your account will automatically be converted to a monthly service account that does charge the applicable service fees.
B. Service Fees Pricing
DesktopShipper offers multiple types of service plans – including, without limitation, monthly and, for certain grandfathered customers, quarterly and yearly service plans. Your monthly 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 carrier services, package insurance, direct and indirect costs of third party service providers and carriers, transaction fees charged directly by DesktopShipper for shipping or other services, or other special services in addition to Your applicable service fee, if any. The total shipping fees quoted may include third party carrier fees and fees charged directly by DesktopShipper which will 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 DesktopShipper in its sole discretion. DesktopShipper may, at its discretion, offer substitute services for any selected services, with substantially the same or improved service levels.
Your recurring service fee, if any, will be calculated and billed based on the date You register and the terms of Your offer. After Your initial Free Trial Period, if any, each monthly billing cycle ends each month after You register; for example, if You register on January 8, and You are provided a free trial offer, the first billing cycle will begin January 8, and the second billing cycle will begin on February 8. DesktopShipper bills in advance (i.e., at the beginning of the applicable billing cycle,). To cancel, You must submit a cancellation request prior to the current month’s billing to DesktopShipper within five business days of Your bill date in order to not be billed automatically. Any cancellation requests for the current month’s billing received later than five business days prior to Your bill date will receive a prorated refund based on the number of days remaining in the billing month.
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, You may call DesktopShipper customer support at 503-331-4000, Monday – Friday, 8:00 am – 4:00 pm (Pacific Time), or contact us via email firstname.lastname@example.org.
Auto-upgrade of Your plan: Should You surpass the monthly label allotment for Your DesktopShipper account, Your account will be automatically upgraded to the next plan level. You will receive a notification e-mail to the account admin e-mail address on file at 90% monthly label allotment. By continuing to purchase labels, You agree to the auto-upgrade of Your DesktopShipper plan to the next level plan when You pass the designated allotment. You will receive a notification e-mail to the account admin e-mail address on file when Your account upgrade completes.
Downgrading Your plan: You can downgrade Your DesktopShipper plan at any time. Monthly services are billed in advance, the change in plan type will go into effect on the last day of Your current billing period. DesktopShipper does not auto-downgrade accounts based on shifts in volume.
C. Account Services and Duration
As a general matter, all DesktopShipper user accounts are maintained perpetually unless and until cancelled by the Admin User. An Admin User is the individual who created the original DesktopShipper portal account, or who was subsequently authorized to use the account. Admin Users can create, delete or modify additional registered users with varying user level permissions. DesktopShipper reserves the right to cancel Your account for lack of use, lack of payment, or breach of these Terms. Following account cancelation for any reason, DesktopShipper may maintain certain account settings and information for a period of time in the event of account re-activation. The period of time DesktopShipper maintains account information shall be in the sole discretion of DesktopShipper. Accounts are automatically renewed for the same time duration You originally signed up for, unless otherwise cancelled.
D. Account Cancellation/Termination
You may terminate or close Your account at any time by the methods set forth in the “Service Fees Pricing” section above. However, depending on the service plan You selected, certain restrictions or fees may apply, as detailed below. 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.
- 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 after the free trial period, You must submit a cancellation request for the current month’s billing to DesktopShipper within five business days of Your bill date in order to avoid automatic billing. Cancellations received within the five business days of your bill date, that are automatically processed, may receive a 3% processing fee prior to any refund being given. Any cancellation requests for the current month’s billing received later than one business day after Your bill date are NON-REFUNDABLE. If You terminate Your monthly plan during its term, You will not receive a prorated refund. Any refund requests for a prior month/completed billing period are at DesktopShipper’s sole discretion.
Refunds for Add-On Services: In the event You remove an add-on service (i.e. consolidator services, Inventory services when available, Third Party Insurance, custom development) from Your DesktopShipper service plan, You must submit a refund request for the current month’s billing to DesktopShipper within five business days of Your bill date to be considered for or receive a full refund of the charge.
E. Payment Methods
Prices are set and changed by us without notice to You by publishing them on our Site. We recommend You check current pricing prior to establishing Your account and/or if a customized account option is required we recommend You request a quote prior to registering an account.
By providing Your credit card or bank account details and agreeing to these Terms You authorize us to charge Your credit card or bank account with any amounts due to us under these Terms. Without limiting this, if You incorrectly describe the dimensions and/or weight of Your package, we may charge You any additional amounts we incur from carrier service partners as a result.
DesktopShipper is firmly committed to protecting the privacy of Your personal information and the personal information of its Customers. We will use reasonable efforts to keep any payment information we have about You secure and ensure that our employees or agents who have access to this information do not make any unauthorized use, modification, reproduction or disclosure of it. We may engage a third party to provide a secure payment transaction facility that allows You to pay online and, in this case, we will not receive Your payment information.
Debit Notice Waiver: If You elect to pay DesktopShipper via a debit card, You hereby waive Your rights under 12 C.F.R. 205.10(d) to receive ten days’ advance notice of the amount and date of all varying electronic fund transfers, so long as the transfer falls inside the range of $0.01 and the sum of any amounts You authorize for insurance, hidden postage labels, reset fees or other non-recurring charges.
Billing for Fees: DesktopShipper’s service fee and any other applicable fees due, including fees for postage or shipping (if applicable), will be automatically charged to 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 at the end of each billing cycle (as directed by the user), in the case of service and other fees alone.
The billing entity for part or all of the services provided by DesktopShipper may be that of a subsidiary, affiliate or partner organization of DesktopShipper and You hereby consent to any such billing, including changes to the billing entity from time to time.
F. API Terms
DesktopShipper may make an API (Application Program Interface) available to Customers in DesktopShipper’s sole discretion. Customers may access their DesktopShipper account data via an API. Any use of the API, including use of the API through a third-party product that accesses DesktopShipper, is bound by these Terms plus the following specific terms:
- we will not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if DesktopShipper has been advised of the possibility of such damages), resulting from Your use of the API or third-party products that access data via the API;
- abuse or excessively frequent requests to DesktopShipper via the API may result in the temporary or permanent suspension of Your account’s access to the API. We will, in our sole discretion, determine abuse or excessive usage of the API and we will make a reasonable attempt via email to warn You (or that account holder if that is not You) prior to suspension.
- we reserve the right at any time to modify or discontinue, temporarily or permanently, Your access to the API (or any part thereof) with or without notice.
G. 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 reverse engineering, decompiling, altering, modifying or disassembling of our source code or the reproduction, modification, distribution, transmission, republication, display, or performance, of the content on this Site is strictly prohibited.
DesktopShipper, DesktopShipper Cloud and associated brand names and domain names are trademarks of DesktopShipper in the United States and/or other countries in which we are or may become registered. DesktopShipper 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 DesktopShipper 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 DesktopShipper or the respective owner of such trademark, service mark or logo.
I. Use of Site
This Site, any portion of this Site, and any materials made available by DesktopShipper through the Site, may not be reproduced, duplicated, copied, sold, resold, or otherwise exploited for any commercial purpose that is not expressly permitted by DesktopShipper. DesktopShipper reserves the right to refuse service, terminate accounts, and/or cancel orders in its discretion, including, without limitation, if DesktopShipper believes that a user’s conduct violates applicable law or is harmful to the interests of DesktopShipper. 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. export and re-export control laws and regulations.
Unless Your access is revoked by us in writing, we grant You a non-exclusive license to access and use the Site in the ordinary course of browsing the Site and ordering our Services (including any reasonable incidental printing of information that occurs as part of that use) and in accordance with these Terms.
The Site is provided to You on an “as is”, “as available” basis, without any express or implied warranty by us. We cannot and do not warrant or represent that:
- the Site or the servers that make the Site available over the Internet are secure and free from errors or omissions, technical inaccuracies, errors, programming bugs, viruses, harmful content or components, interference (including malfunction of equipment or software, Internet access difficulties, or delay or failure of transmission) or duplicate data;
- the functions contained in any software contained on the Site will operate uninterrupted or are error-free; or,
- the Site or our Services will operate on a continuous and uninterrupted basis. The Site may be unavailable from time to time (including for maintenance purposes) and we may change our available Services now and then. The availability of content on the Site is also subject to the limitations of the Internet including re-buffering, loss of connection and dropouts.
While care has been taken when compiling the Site, it may use information from a range of sources, including third party advertisements. We can’t screen all material before it appears on the Site and are not responsible for and do not endorse its content.
J. Copyright Infringement
DesktopShipper respects the intellectual property of others. Copyright infringement will not be tolerated. If You believe that material has been copied in a way that constitutes copyright infringement, please alert us at email@example.com.
K. Software Available on the Site
Software that is made available from the Site (“Software”) is the copyrighted work of DesktopShipper and/or its suppliers. Your use of the Software is governed by the Terms. DesktopShipper 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 DesktopShipper 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.
L. Limitation of Liability
IN THE EVENT DESKTOPSHIPPER IS FOUND TO BE RESPONSIBLE TO YOU FOR DAMAGES IN ANY WAY RELATING TO THIS SITE, OR THE SOFTWARE, OR THE SERVICES, YOU AGREE THAT DESKTOPSHIPPER’S LIABILITY TO YOU WILL NOT EXCEED YOUR PREVIOUS MONTH’S SERVICE 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. DESKTOPSHIPPER IS NOT LIABLE FOR ANY INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES (SUCH AS LOST PROFITS OR LOST BUSINESS OPPORTUNITIES), PUNITIVE 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, SOFTWARE, AND SERVICES, ARE PROVIDED BY DESKTOPSHIPPER ON AN “AS IS” BASIS. INTELLIGENT BUSINESS SYSTEMS LLC 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 THIS SITE AND THE SOFTWARE. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, INTELLIGENT BUSINESS SYSTEMS LLC DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. INTELLIGENT BUSINESS SYSTEMS LLC WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, THE SOFTWARE, OR THE SERVICES, OR, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES. INTELLIGENT BUSINESS SYSTEMS LLC DOES NOT PROMISE OR GUARANTY UNINTERRUPTED OR ERROR-FREE SERVICE.
N. Links to Third Party Websites
DesktopShipper’s site and affiliated websites may contain links to third party websites (“Linked Websites”). The Linked Websites are not under the control of DesktopShipper and DesktopShipper is not responsible for the contents of any Linked Websites, including without limitation any link contained in a Linked Websites, or any changes or updates to a Linked Websites. 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 solely responsible for following the terms and conditions of all Linked Websites, including carriers and other third party providers of services.
You agree to defend, indemnify and hold harmless DesktopShipper, 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 and administrative fees) arising from: (i) Your use of and access to the Site, Services, and Software; (ii) Your violation of any term of these Terms; (iii) Your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of Your submissions caused damage to a third party. This defense and indemnification obligation will survive these Terms and Your use of the Site.
P. Materials Provided to the Site
Users of the DesktopShipper Site, when made available, 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. DesktopShipper 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.
DesktopShipper does not claim ownership of the materials You provide to DesktopShipper (including feedback and suggestions) or post, upload, input or submit to DesktopShipper or its associated services (collectively “Submissions”). However, by posting, uploading, inputting, providing or submitting Your Submission You are granting DesktopShipper, its affiliated companies and necessary sub-licensees a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicenseable (through multiple tiers) right to use Your Submission in connection with the operation of their businesses. DesktopShipper is under no obligation to post or use any Submission You may provide and may remove any Submission at any time at DesktopShipper’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.
Q. Government Users Restricted Rights
Use, duplication, or disclosure by the Government is subject to restrictions as set forth in applicable laws and regulations. Use of the Site, Services and/or Software by the Government constitutes acknowledgment of DesktopShipper’s proprietary rights in them. The Site and Software may contain other proprietary notices and copyright information which should be observed.
R. Prohibited Activities
You shall not transmit to DesktopShipper 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:
- 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;
- relate to transactions that (a) show the personal information 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;
- involve the sales of products or services identified by government agencies to have a high likelihood of being fraudulent;
- violate applicable laws or industry regulations regarding the sale of (a) tobacco products, or (b) prescription drugs and devices;
- 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.
S. Terms Regarding 3rd Party Shipping Insurance
DesktopShipper provides shipping insurance through a third-party company. You agree that DesktopShipper is in no way responsible for any loss, liability, claim, or demand that relates to insurance.
You are solely responsible for ensuring that shipments 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 here Coverage rules.
T. Terms Related to European Union Data Subjects
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 EU General Data Protection Regulation (“GDPR”), DesktopShipper’s collection, use and storage of the Personal Data of any EU Data Subject is also subject to the following rules. All defined terms not otherwise defined herewith shall be interpreted in accordance with the GDPR.
Before You provide Personal Data of Your customers or that of other individuals to DesktopShipper in order for DesktopShipper to provide services, You must be in compliance with the GDPR.
You consent to DesktopShipper Processing, and/or as a joint Data Controller, with You, of controlling the Personal Data of You and Your customers, for the purpose of it providing the services. DesktopShipper may share the Personal Data with its agents or subcontractors or affiliates or other third party service providers for the sole purpose of providing or improving the services.
In relation to any Personal Data provided by You to DesktopShipper:
- You warrant, undertake and confirm that it has grounds for sharing the Personal Data with DesktopShipper as envisaged;
- You process and control the Personal Data in compliance with all applicable laws;
- 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 DesktopShipper the details required to complete the services requested, including but not limited to name, address, email address, mobile telephone number, and contents of package;
- You have made Your customers aware that such details may be used by DesktopShipper to enhance the delivery process for Your customers and it may use notifications and geodata for that purpose. This may involve DesktopShipper sharing such details with limited third parties’ data processors, for the purpose of completing the requested services; and
Personal Data of EU Data Subjects that originates in the EU will be stored in the United States As part of providing the services, this Personal Data may be transferred to other regions, including the United States, subject to the EU-US Privacy Shield.
Processing Personal Data of EU Data Subjects
DesktopShipper may act as a joint Data Controller with You as well as a Data Processor for the Personal Data of EU Data Subjects in the course of providing services to You, DesktopShipper will:
- Process the Personal Data as a Data Processor, only for the purpose of providing the services in accordance with documented instructions from You (provided that such instructions are commensurate with the functionalities of the services), and as may subsequently be agreed to by You. If DesktopShipper is required by law to Process the Personal Data for any other purpose, DesktopShipper will provide You with prior notice of this requirement, unless DesktopShipper is prohibited by law from providing such notice;
- notify You if, in DesktopShipper’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 DesktopShipper’s Processing of the Personal Data;
- 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
- ensure that its personnel who access the Personal Data are subject to confidentiality obligations that restrict their ability to disclose Personal Data.
In the course of providing the services, You acknowledge and agree that DesktopShipper may use subprocessors to Process the Personal Data. DesktopShipper’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 DesktopShipper and subprocessor.
You agree to fully indemnify DesktopShipper, for any costs, fees, fines, and professional fees incurred due to a breach by You of the provisions of this Section.
U. Choice of Law and Venue
The Services under these Terms are provided by DesktopShipper’s offices in the State of Oregon. The Services and Software can be accessed from any of the 50 states in the United States and from other countries of the world. The laws of the State of Oregon (or U.S. federal law, if applicable), will apply to all matters arising out of or in connection with the Site, the Services and the Software, without regard to conflicts of law provisions. Venue for any dispute shall be in Multnomah County, Oregon.
V. Dispute Resolution: Agreement to Arbitration and Class Waiver
Pre-Filing Requirements: In the event of a dispute, the party asserting the claim must first send to the adverse party, by certified mail with return receipt requested (or any successor service), a written Notice of claim (“Notice”). Notice to DesktopShipper must be addressed to: Intelligent Business Systems LLC. / Dispute Resolution, 3220 SW First Ave, Suite 100, Portland OR 97239. If DesktopShipper is the claimant, the Notice will be sent 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 pursue the claim in arbitration or file a claim in small claims court.
Applicable Rules; Administrator: The arbitration will be governed by the Commercial Arbitration Rules ( “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by these Terms, and will be administered by the AAA. The AAA Rules and Forms are available online at www.adr.org, or by calling the AAA at 1-800-778-7879. The arbitrator is bound by the requirements of this section of the Terms. All issues are for the arbitrator to decide, including issues relating to the scope and enforceability of this Agreement to Arbitrate.
Location of Hearing: Unless DesktopShipper and You agree otherwise, any arbitration hearings will take place in Multnomah County. If You reside outside of the United States, You may appear at any arbitration hearings via telephone or video, but You will remain subject to the AAA Rules including the AAA rules regarding the selection of an arbitrator, jurisdiction and venue.
W. Miscellaneous Terms
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 to whom account access is given, as the account holder is responsible for all charges incurred.
Account Delinquency: If on Your bill date, the charge for Your monthly service fee fails, DesktopShipper will automatically retry the charge up to four times within the three weeks following Your bill date. At the end of the automatic retry period, Your DesktopShipper account will be suspended until the account is updated with a valid credit card at which time You will be immediately billed for the delinquent charge in order to regain access. If You fail to pay Your monthly service fee for multiple months or You maintain a negative account balance, DesktopShipper may elect, in its sole and absolute discretion, to terminate Your account. In this event, in addition to all other fees due and owing, DesktopShipper may charge a $25.00 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 DesktopShipper 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 DesktopShipper 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: DesktopShipper reserves the right to verify the credit of all persons or companies applying for services.
No Minors: You may not register for Services if You are under 18 years of age. By registering for Services You represent to DesktopShipper that You are 18 years of age or older.
No Sublicense or Third Party Use: You may use Your DesktopShipper account for transactions for Your own direct use. DesktopShipper does not grant the right to sublicense, resell, offer, or utilize any DesktopShipper products or services such that DesktopShipper 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. DesktopShipper does not allow You to sublicense, resell, offer, or utilize DesktopShipper products or services to third parties (including customers of Yours). If DesktopShipper determines, in its sole and absolute discretion, that You have violated the foregoing limitations, DesktopShipper reserves the right to immediately suspend or terminate Your service/account (without notice).
Order Acceptance/Rejection: DesktopShipper 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 and registration information to DesktopShipper in the event of relocation or other changes.
Risk of Loss: The risk of loss and title for non-postage products purchased from DesktopShipper passes to You upon our delivery of the purchase to our common carrier for delivery to You.
Sales Tax: Sales tax is not collectable on the purchase of postage. If required by applicable law, sales / use / other taxes may be charged/collected on non-postage purchases and service fees. You are responsible for the payment of all sales, use, or other taxes owed on products or taxable items purchased or utilized regardless of whether such taxes are collected by DesktopShipper at the time of purchase.
Service Changes: DesktopShipper reserves the right, periodically and at any time, to modify or discontinue, temporarily or permanently, any functions and features of its services, in its sole discretion, with or without notice, all without liability to You, except where prohibited by law. DesktopShipper reserves the right, in its sole discretion, to offer selected products from its third party partners, to each individual customer and does not warrant or represent that a full complement of services from each partner will be available through DesktopShipper’s services. DesktopShipper may, at its discretion, offer substitute services for any selected services, with substantially the same or improved service levels.
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 DesktopShipper. 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.
Third Party Terms and Conditions: You are responsible for following the terms and conditions of all carriers and partners accessed through the Site. Please visit each individual Site to obtain and review their terms and conditions. Use of carrier services via DesktopShipper platform is at Your own risk. DesktopShipper is not responsible for Your use of carrier services. Your use of carrier services is as a direct customer of the specific carrier of Your choosing and You agree to be bound by the terms and conditions of that carrier for use of services, including the payment of any fees associated and a carrier’s right to open, inspect and assess Your package before and after collection.
EU: The European Union (EU) is a political and economic union of 28 member states that are located primarily in Europe.
Violations of LAW: DesktopShipper services may not be used in violation of any law or in any way that interferes unreasonably with others’ use of the services.
You and Your: ‘You’ and’ Your’ means You and Your company.