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Terms of Service

ShippingWonder, the latest shipping tracking technology

Terms of Service

Last Updated: 4th June 2021

This Privacy Policy is issued by NexPlex, Corp, DBA ShippingWonder of 304 S Jones Blvd #4431, Las Vegas, NV 89107 (“ShippingWonder”).

Shipping Wonder enables users to send shipment-tracking notifications SMS, Email, Voice, or IOT to your customers. Shipped, Arriving Today, and Delivered notifications. Include additional Call-To-Actions in each notification. The Customer Terms apply to all Services provided by us to you by agreement between us or, failing agreement, under section 479 of the Telecommunications Act.

Software Licenses

You shall have no rights to the proprietary software and related documentation, or any enhancements or modifications thereto, provided to you in order to access the Services (“Software”). You may not sublicense, assign or transfer any licenses granted by ShippingWonder, and any attempt at such sublicense, assignment or transfer shall be null and void. You may make one copy of such software for archival purposes only. You may not otherwise copy, distribute, modify, reverse engineer, or create derivative works from Software.

Registration and Security

As part of the registration or account creation process, you will create login credentials by selecting a password and providing an e-mail address. You also have to give us certain registration information, all of which must be accurate and updated.

Each registration is for a single user only. You are not allowed to share your registration login credentials or give your login credentials to anyone else. We may cancel or suspend your access to the ShippingWonder Services if you share your login credentials. You are responsible for maintaining the confidentiality of your password, which you will not have to reveal to any representative or agent of ShippingWonder. You may not (i) select or use the login credentials of another person with the intent to impersonate that person; (ii) use login credentials in which another person has rights without such person’s authorization; or (iii) use login credentials that we, in our sole discretion, deem offensive. Failure to comply with the foregoing shall constitute a breach of these Terms of Service, which may result in immediate suspense or termination of your account.

Please notify support@ShippingWonder.com of any known or suspected unauthorized use(s) of your account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password or credit card information.

You must be 13 years or older to subscribe to all parts of the Services.

You are responsible for all usage or activity on your account, including the use of the account by any third party authorized by you to use your login credentials. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your account, at our sole discretion, and we may refer you to appropriate law enforcement agencies.

The Services

(a) We will provide to you a non-exclusive, non-transferable, license for the Services subject to the terms of your Customer Contract.

(b) We may provide the Services using such facilities and such Carriers as we choose from time to time. We currently rely on Carrier networks to provide our Services but are not otherwise affiliated or related to such Carriers.

(c) We may provide the Services using Our Facilities and/or third-party Provider Facilities. Together, we call those Facilities our Network.

Telephone numbers – Messaging Services

(a) Messaging Services are not a portable service within the meaning of the Numbering Plan.

(b) A number we use in association with your Account:

(i) is not a portable number; and

(ii) is not subject to number portability – within the meaning of the Numbering Plan.

(c) You are not a ‘customer’ for the purposes of the Communications Alliance code titled Mobile Number Portability C570:2009.

(d) Any Shared Number or Dedicated Number used in association with your Account has not been issued to you. You acknowledge that we retain ownership of any Dedicated Number used in association with your Account and you have no right to retain a particular number when your Contract ends.

(e) We retain all rights, obligations, and liabilities under the Numbering Plan and other legislation relevant to such numbers.

(f) If your Application Form states that we will provide you with a Dedicated Number/s (inbound or outbound) we will provide you with use of those Dedicated Numbers in accordance with clauses 16 and 17.

Master Service Agreement – MSA

Subject to the terms and conditions of this Service Agreement (Agreement), entered into as of (the “Effective Date”), by and between ShippingWonder with its principal place of business located at 304 S. Jones Blvd #4431, Las Vegas, NV 89107 (“ShippingWonder”), and (“Client”). ShippingWonder shall provide to Client communication products and services, defined herein as services (ShippingWonder Services) and all other services performed under this Agreement subject to the following terms and conditions:

A.  Representations, Warranties & Limitations of Liability:

1. ShippingWonder shall use commercially reasonable efforts to ensure the accuracy, integrity, and reliability of Client’s data while any such data is under the control or dominion of ShippingWonder, however, ShippingWonder does not and cannot independently verify or review the information transmitted through the ShippingWonder system for accuracy or completeness.

2. ShippingWonder warrants that the Products and Services will (i) perform substantially as described in its written documentation and product demonstrations and (ii) be performed in a professional and workmanlike manner to standards generally accepted in the industry. ShippingWonder further warrants that the updates and/or upgrades to the products and services will not reduce the functionality and/or performance of the Products and Services from the previous version. ShippingWonder warrants that no employee, contractor, and/or agent has executed a non-compete agreement that precludes them from doing business with Client. EXCEPT AS IDENTIFIED IN THIS SERVICE AGREEMENT, ShippingWonder MAKES NO OTHER REPRESENTATIONS OR WARRANTIES, EXPRESSED OR IMPLIED, WITH RESPECT TO THIS SERVICE AGREEMENT OR WITH RESPECT TO THE SUBJECT MATTER HEREOF. BY WAY OF EXAMPLE, BUT NOT OF LIMITATION, ShippingWonder MAKES NO REPRESENTATIONS OR WARRANTIES, AND EXPRESSLY DISCLAIMS, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE.

3. Except to the extent arising from the negligence or willful misconduct of ShippingWonder, breach of Section A.1.(Compliance with Laws) by ShippingWonder, breach of Section D (Confidentiality) by ShippingWonder, and ShippingWonder’s indemnification obligations of Section 8 (Infringement Indemnification) and subject to the limitations set forth below, Client shall indemnify and hold harmless ShippingWonder from and against any and all loss, damage, or expense (or claims of damage or liability) asserted against ShippingWonder by third parties and arising directly out of any breach of this Service Agreement by client due to acts or omissions of Client inconsistent with the terms and conditions hereof, or information provided to ShippingWonder by Client, or arising out of the use of such information when furnished by ShippingWonder to Client or to other third persons at Client’s request, or to officers, employees, and agents of Client.

4. Except to the extent arising from the negligence or willful misconduct of Client, and subject to the limitations set forth below, ShippingWonder shall indemnify and hold harmless Client from and against any and all loss, damage or expense(or claims of damage or liability) asserted against Client by third parties and arising out of any breach of this Service Agreement, due to acts or omissions of ShippingWonder inconsistent with the terms and conditions hereof, or information provided to Client by ShippingWonder, or arising out of the use of such information when furnished by ShippingWonder to Client, or to officers, employees, and agents of Client.

5. In no event, except for breach of Compliance with Laws) by ShippingWonder, breach of Section D(Confidentiality) by ShippingWonder, and ShippingWonder’s indemnification obligations of Section 8 (Infringement Indemnification), or as specifically set forth herein, shall either party be liable to the other or any third parties for any claim, loss, or damage, or any special or consequential damages or otherwise, even if such party has been advised of the possibility of such damages. In no event will either party be liable for any claim, loss, liability, correction, cost, damage, or expense caused by the performance or failure to perform of such party hereunder which is not reported by the other party within thirty (30) days after the other party first became aware, or reasonably should have become aware, of such failure to perform.

6. ShippingWonder will indemnify, defend and hold Client harmless from any claim that Client’s access to the Products and services hereunder infringes a United States patent, United States copyright, a trade secret or proprietary right provided that Client notifies ShippingWonder promptly in writing of the claim, and provided that ShippingWonder has sole control of the defense and all negotiations for its settlement or compromise.

B    Fees:

Fees for transactions identified herein shall be decremented from the Client’s balance on the Client’s Subscription Account by ShippingWonder. Depending on the type of Account the Client has subscribed to, subscription renewals will be charged in one of the following manners.

1. Fixed Monthly Subscription: On or about the 1st day ShippingWonder will charge the defined subscription fee to the client’s selected credit card on account. If the charge fails to process, the Client will be notified, and the account may be suspended until such time as the renewal is able to process. ShippingWonder reserves the right to suspend the use of ShippingWonder Services at any time if undisputed past due charges are not paid within 30 days following written Notice by ShippingWonder of such undisputed past due amounts, and all costs of collection, including reasonable attorneys’ fees, shall be paid by Client.

2. Prepay Refill Subscription: ShippingWonder will charge a defined recharge fee to the client’s selected credit card on account at such time Client’s subscription account balance drops below the predefined minimum balance. If the charge fails to process, the Client will be notified, and the account may be suspended until such time as the renewal is able to process. ShippingWonder reserves the right to suspend the use of ShippingWonder Services at any time if undisputed past due charges are not paid within 30 days following written Notice by ShippingWonder of such undisputed past due amounts, and all costs of collection, including reasonable attorneys’ fees, shall be paid by Client.

3. Automatic Top-Ups for Prepaid Plans

(a) Unless you have elected otherwise (by checking the appropriate box in your Application Form indicating that you wish to top up the balance of your Prepaid Entitlements automatically) the automatic top-up feature will not be enabled. You can enable the auto top-up feature at any time by accessing the billing page in your Account.

(b) If the automatic top-up feature is enabled then if the value of the balance of your Prepaid Entitlements falls below $10 (or another amount as selected by you), the balance of your Prepaid Entitlements will be recharged with the amount and using the payment method as what you elected when you enabled the auto top-up feature.

C.    Term and Termination:

The initial term of this Service Agreement shall commence on the Effective Date and shall continue for a period of one (1) year thereafter. This Service Agreement shall then automatically renew for additional one-year terms unless either party gives notice to the other at least 60 days before the end of the next expiration date of its decision not to renew this Service Agreement. This Service Agreement may be terminated at any time by either Party if the other Party materially breaches or fails to comply with its obligations or the terms and conditions of this Service Agreement.

Confidentiality, Intellectual Property and Privacy

Confidentiality

(a) Each party (Recipient) undertakes that, in respect of Confidential Information disclosed to the Recipient by the other party (Disclosing Party), it will not disclose Confidential Information except:
(i) for the purpose for which the Confidential Information was disclosed to the Recipient under the terms of the Customer Contract;

(ii) to those employees, officers, and agents of the Recipient who need to know the information for the purposes of the Customer Contract, if that person undertakes to keep confidential the Confidential Information;

(iii) to professional advisers and consultants of the Recipient whose duties in relation to the Recipient require that the Confidential Information be disclosed to them;

(iv) with the prior written approval of the Disclosing Party; or

(v) as otherwise required by law to disclose such information.

(b) The parties acknowledge that monetary damages alone would not be adequate compensation for a breach of the obligations of confidentiality under this Customer Contract, and a Disclosing Party is entitled to seek an injunction from a Court of competent jurisdiction on a breach or threatened breach of this clause.

(c) Despite anything else contained in this Customer Contract and in particular in this clause 21, we retain the unconditional and irrevocable right to disclose your identity and address and those of any of your Staff or End Users in the event of any complaint, query or request received from any regulatory or Government body or Carrier, in connection with this Customer Contract.

(d) Nothing in this clause 21 prevents us from naming you as a customer and user of our Services in our marketing materials.

Intellectual Property

(a) The parties agree that other than as provided in this clause 22, nothing in the Customer Contract transfers ownership in, or otherwise grants any rights in, any Intellectual Property Rights of a party.

(b) If a party provides any material to the other party that contains any Intellectual Property Rights which were developed by or on behalf of, or licensed to, the first party independently of the Customer Contract (Pre-Existing Material), then the first party grants to the other party a non-transferable, non-exclusive, royalty-free license to use, during the term of the Customer Contract, the Pre-Existing Material solely for the purpose of using or supplying the Services under the Customer Contract or otherwise as required by Law.

Privacy

(a) If a party is provided with, or has access to, Personal Information in connection with the Services, it must comply with the Privacy Act and any other applicable law in respect of that Personal Information, whether or not it is an organization bound to comply with the provisions of the Privacy Act. Details of our Privacy Policy can be found on our website.

(b) You acknowledge and agree that where you authorize or require us to collect or otherwise deal with Personal Information in your name or on your behalf in connection with providing the Services, that we do so as your agent.

(c) You warrant and represent that:

(i) End Users to whom you send Messages have consented or otherwise opted-in to the receipt of such Messages and the collection of Personal Information as required by the Spam Act or any applicable law or regulation; and

(ii) you have provided notice to End Users (including by notifying End-Users that their personal information will be handled by us in accordance with our Privacy Policy and by providing End Users with a link to our Privacy Policy) that we may collect, handle, disclose or otherwise will have access to their Personal Information for the purposes of us providing the Services to you and that where our collection, handling or disclosure of, and/or access to Personal Information on your behalf requires the consent of End Users, you have and/or will obtain any such consent before, or at the time such Personal Information is made available to us for collection, handling, disclosure or access (and provide us with evidence of such consent on request).

(d) You acknowledge and agree that except as may be required by the Customer Contract, we are not required to take steps to ensure that any Personal Information collected by you has been collected in accordance with the Privacy Act. Further, you indemnify us for any claim by a third party that it has suffered Loss as a result of a breach of the Privacy Act.

(e) If the Services or the performance of our respective obligations under this Customer Contract involve any processing of any personal data (as defined in the GDPR) of, or sending Messages to, any individuals in the European Union, then we each agree that we shall comply with the additional terms set out in Parts D and E. 

ShippingWonder’s contact information:

Contact info:
https://www.ShippingWonder.com/contact/
304 S. Jones Blvd #4431 Las Vegas, NV 89107

 

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