SHIPPER’S ADVOCATE, INC. SERVICES AGREEMENT
PLEASE READ THIS INFORMATION CAREFULLY. BY COMPLETING ENROLLMENT FOR THE SERVICE
YOU, AND THE ENTITY, IF ANY, WITH WHOM YOU ARE EMPLOYED OR REPRESENT, AGREE TO
BE BOUND BY THESE TERMS AND CONDITIONS.
THIS DOCUMENT CONSTITUTES A LEGAL AGREEMENT BETWEEN SHIPPER’S ADVOCATE,
INC. AND YOU, ON BEHALF OF YOURSELF AND THE ENTITY, IF ANY, WITH WHOM YOU ARE
EMPLOYED OR REPRESENT (collectively referred to as "CLIENT" hereinafter). PLEASE PRINT OUT A COPY OF THIS
SERVICE AGREEMENT AND RETAIN IT IN YOUR FILES FOR FUTURE REFERENCE.
THE PARTIES AGREE AS FOLLOWS:
1.
CLIENT hereby
appoints Shipper’s Advocate, Inc.
as its agent for the purpose of auditing the on-time delivery of our FedEx©, and/or UPS© (Hereinafter referred to as “the
Carriers”) shipments and obtaining refunds for us and we hereby authorize the
Carriers to share our shipment information with Shipper’s Advocate, Inc.
2.
CLIENT hereby grants to Shipper’s Advocate, Inc., during
the term of this Agreement, the non-exclusive right to view invoice and package
and tracking data made available to Shipper’s Advocate, Inc. by CLIENT or
its Carriers. Shipper’s
Advocate, Inc. agrees to use the data solely for the purpose of tracking and
determining if shipments are eligible for refund, obtaining such refunds, and
reporting back to CLIENT.
3.
Shipper’s Advocate, Inc. agrees to provide the following
services to CLIENT: (I) Tracking and refund service, which determines if CLIENTs
shipments arrive on time according to the Carrier’s "money back guarantee
policy", and then submits refund requests for all shipments that did not arrive
on time or packages that were billed by CLIENT’s carrier(s) but never shipped.. (II) Monthly summary and package
exception reporting, in Excelâ
spreadsheet format.
4.
No ownership rights are transferred by this Agreement. Each party retains sole and exclusive
rights to all of its intellectual property.
Shipper’s Advocate, Inc. remains the sole and exclusive owner of all
software used for Tracking and Refund Requests.
5.
Shipper’s Advocate, Inc. will charge, and CLIENT agrees
to pay, via the credit card used at enrollment; a flat fee of $10 for $0 to $20 of refunds recovered in a month; a fee of 50% of refunds recovered when over $20 of refunds are recovered in a month.
Shipper’s
Advocate, Inc. will make reasonable efforts to ensure that it does not charge
for refunds obtained by CLIENT, the Carriers insurance settlements or other
credits not due to Shipper’s Advocate Inc.’s efforts. Shipper’s Advocate, Inc.’s fee will
be charged monthly to the CLIENT’s credit card approximately 30 days in arrears
of tracking and refund activity
6.
Termination.
Either party may terminate this Agreement at any time. Upon termination of this Agreement
(I) Shipper’s Advocate, Inc, will not download and process information about any
new packages, but will continue to complete the servicing of packages already in
progress. (II) Shipper’s Advocate,
Inc. will make and CLIENT will pay, a final charge to CLIENT’s credit card of
Fees accrued for packages whose processing was completed but not yet paid, and
packages whose servicing was in progress prior to termination but may not be
complete for several days after termination.
7.
Shipper’s Advocate, Inc.’s services are provided on
a best efforts basis and its liability is strictly limited to fees paid within
the last year.
8.
These terms and all claims related Shipper’s
Advocate, Inc.’s Services under this agreement shall be interpreted and reviewed
under the laws of the United States and the
Commonwealth of Pennsylvania.
(without regard to the conflicts of laws rules of that or any other
jurisdiction). Any claim arising in connection with these terms must be
commenced within one (1) year after such claim arises. Any legal action must be
brought only in state or federal courts located in Chester County,
Pennsylvania, and CLIENT
agrees to submit to the exercise of personal jurisdiction of such courts for the
purpose of litigating any such claim.