Terms of Service

Last updated: December 2024

Welcome to SendTek. These Terms of Service ("Terms") govern your access to and use of SendTek's shipping and logistics platform, including any associated services, software, and websites (collectively, the "Services").

By accessing or using our Services, you agree to be bound by these Terms. If you do not agree to these Terms, do not use our Services.

1. Account Registration and Use

1.1 Account Creation

To use our Services, you must:

• Provide accurate, complete, and current information during registration
• Be at least 18 years old or the age of legal majority in your jurisdiction
• Have the legal authority to enter into these Terms
• Maintain the security of your account credentials

1.2 Account Responsibility

You are responsible for:

• All activities that occur under your account
• Maintaining the confidentiality of your password
• Notifying us immediately of any unauthorised use
• Ensuring your account information remains accurate and up to date

2. Use of Services

2.1 Permitted Use

You may use our Services to:

• Create and manage shipments
• Connect with shipping carriers
• Integrate with marketplaces and ecommerce platforms
• Access shipping documentation and reports
• Utilise compliance and billing features

2.2 Prohibited Use

You agree not to:

• Violate any applicable laws or regulations
• Infringe on intellectual property rights
• Use the Services to ship prohibited or illegal items
• Attempt to gain unauthorised access to our systems
• Interfere with or disrupt the Services
• Use automated systems to access the Services without authorisation
• Resell or redistribute the Services without written permission
• Reverse engineer or attempt to extract source code

3. Shipping and Carrier Services

3.1 Carrier Relationships

SendTek facilitates connections between you and third-party shipping carriers. We are not responsible for:

• The performance, reliability, or quality of carrier services
• Loss, damage, or delays in shipments
• Carrier pricing, terms, or policies
• Customs clearance or regulatory compliance issues

3.2 Shipping Compliance

You are responsible for:

• Ensuring shipments comply with all applicable laws and regulations
• Providing accurate and complete shipping information
• Proper packaging and labelling of items
• Prohibited items restrictions
• Customs documentation and declarations

4. Fees and Payment

4.1 Subscription Fees

By subscribing to our Services, you agree to pay:

• The subscription fees for your selected plan
• Any applicable taxes
• Additional fees for usage beyond plan limits

4.2 Billing

• Subscription fees are billed in advance on a monthly or annual basis
• Payment is due immediately upon billing
• We accept payment methods as specified in your account
• You authorise us to charge your payment method on file

4.3 Shipping Costs

• Carrier shipping costs are separate from subscription fees
• You are responsible for all shipping costs incurred
• Shipping costs are billed directly by carriers or through SendTek

4.4 Refunds

Subscription fees are generally non-refundable except as required by law or as specified in your agreement.

5. Free Trials

We may offer free trials of our Services. Free trials:

• Are subject to these Terms
• May have limited features or usage
• Automatically convert to paid subscriptions unless cancelled
• Are available once per customer

6. Intellectual Property

6.1 SendTek's Rights

All rights, title, and interest in the Services, including all intellectual property rights, belong to SendTek. This includes:

• Software, code, and technology
• Trademarks, logos, and branding
• Documentation and content
• Designs and interfaces

6.2 Your Rights

You retain all rights to your data and content. By using our Services, you grant SendTek a licence to:

• Store and process your data
• Display your content within the Services
• Use anonymised data for service improvement

7. Data and Privacy

Our collection and use of personal information is governed by our Privacy Policy. By using our Services, you consent to our data practices as described in the Privacy Policy.

8. Service Availability and Modifications

8.1 Service Availability

We strive to maintain service availability but do not guarantee:

• Uninterrupted or error-free operation
• Defect-free Services
• Compatibility with all systems or configurations

8.2 Modifications

We may:

• Modify, suspend, or discontinue Services at any time
• Update features and functionality
• Change pricing with notice

9. Termination

9.1 By You

You may cancel your subscription at any time through your account settings. Cancellation takes effect at the end of your current billing period.

9.2 By SendTek

We may suspend or terminate your account if you:

• Violate these Terms
• Fail to pay applicable fees
• Engage in fraudulent activity
• Use the Services in a manner that harms SendTek or others

9.3 Effect of Termination

Upon termination:

• Your access to the Services will cease
• We may delete your data after a reasonable period
• You remain liable for any outstanding fees

10. Limitation of Liability

To the maximum extent permitted by law:

• SendTek is not liable for indirect, incidental, or consequential damages
• Our total liability is limited to the amount you paid in the 12 months preceding the claim
• We are not liable for third-party services, including carriers
• We are not liable for data loss if you fail to maintain backups

11. Indemnification

You agree to indemnify and hold harmless SendTek from any claims, damages, or expenses arising from:

• Your use of the Services
• Your violation of these Terms
• Your violation of any laws or regulations
• Your shipments and their contents

12. Disclaimer of Warranties

The Services are provided "as is" and "as available" without warranties of any kind, either express or implied, including but not limited to:

• Merchantability
• Fitness for a particular purpose
• Non-infringement
• Accuracy or reliability

13. Governing Law and Disputes

13.1 Governing Law

These Terms are governed by the laws of England and Wales, without regard to conflict of law principles.

13.2 Dispute Resolution

Any disputes arising from these Terms shall be resolved through:

• Good faith negotiation
• Mediation if negotiation fails
• Binding arbitration or courts in England and Wales

14. General Provisions

14.1 Entire Agreement

These Terms constitute the entire agreement between you and SendTek regarding the Services.

14.2 Changes to Terms

We may update these Terms from time to time. We will notify you of material changes. Continued use of the Services after changes constitutes acceptance.

14.3 Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions remain in full effect.

14.4 Waiver

Our failure to enforce any provision does not constitute a waiver of that provision.

14.5 Assignment

You may not assign these Terms without our written consent. We may assign these Terms at any time.

15. Contact Information

If you have questions about these Terms, please contact us:

• Email: [email protected]
• Address: SendTek Limited, [Your Business Address]