WeeklyShip™ Service Inquiry Agreement Terms and Conditions
WHEREAS, Client finds that WeeklyShip is willing to perform certain work hereinafter described in accordance with the provisions of this Agreement; and WHEREAS, WeeklyShip is in the business of brokering discount shipping rates and services. NOW, THEREFORE, in consideration of the mutual covenants set forth herein and intending to be legally bound, the parties hereto agree as follows:
. SERVICES TO CLIENT 1.1 WeeklyShip will introduce discount shipping rates and services to the Client (“Services”). Client agrees that it has inquired to learn more of WeeklyShip’s brokered discount shipping rates and services understands that WeeklyShip shall attempt to broker discount shipping rates and services through its extensive network as outlined in this Agreement. 1.2. WeeklyShip will introduce Client to an Internet-based multi-carrier shipping service provider(s) (herein referred as “Service Provider(s)”) that offers volume-based, discounted rates and operational efficiencies. Client is not obligated to use Service Provider(s) services or to become a client of said Service Provider(s).
2. Confidentiality and Non-Disclosure “Confidential Information” means nonpublic business operations, financial, shipping, customer and marketing information of either party (the “Disclosing Party) that is disclosed or made available to the other party (the “Receiving Party”). Confidential Information includes all tangible material containing any such information (i.e. shipping account information, shipping audit, savings projections, best practices and service provider qualification and identification generated by WeeklyShip for Client), regardless of the format, including without limitation written or printed documents and computer disks or tapes, whether machine or user readable. The parties will hold in confidence and not disclose any Confidential Information without express written consent of the other party except such information that (a) is or becomes publicly available other than as a result of an unauthorized disclosure by the Receiving Party or anyone to whom the Receiving Party provides such information, (b) was previously known to the Receiving Party or any of its employees, without restriction, prior to disclosure or becoming available to the Receiving Party, (c) was properly disclosed to the Receiving Party by another person without restriction and (d) is obligated to be produced under order of a court of competent jurisdiction, after notice to Disclosing Party and the opportunity for Disclosing Party to obtain the appropriate court order in order to protect its confidential information. WeeklyShip shall include all officers, directors of WeeklyShip as well as key WeeklyShip team members assigned to or having access to the confidential information, all of who shall be bound by this Paragraph.
3. Termination: Client may terminate this Agreement at any time, for any reason or no reason at all, by giving no less than 30 days’ prior written notice via email to email@example.com.
4. Independent Contractor: WeeklyShip is an independent contractor of Client. WeeklyShip shall not have any authority to create, alter or amend any agreements or make representations on behalf of Client or to incur any liabilities for Client.
5. Representations: Person executing this Agreement on behalf of client hereto represents and warrants that such person is duly and validly authorized to do so on behalf of client, with full right and authority to execute this WeeklyShip Service Inquiry.
6. Cooperation: Client will cooperate with WeeklyShip in reviewing service provider(s) offering and taking actions and executing documents in Client’s sole discretion and, as appropriate, to achieve the objectives of this Service Inquiry. Client agrees that WeeklyShip’s performance is dependent on Client’s timely and effective cooperation with service provider(s).
7. Governing Law: This Agreement shall not be amended except in a writing signed by both parties. The Agreement shall be governed by and construed in accordance with the laws of the South Carolina. Invalidity or unenforceability of any of the provisions of this Agreement or any terms thereof shall not affect the validity of this Agreement as a whole, which shall at all time remain in full force and effect.
8. General: By accessing the website domains (the” Websites”), as part of the introduction to discount shipping rates and services, you warrant and represent to WeeklyShip that you are legally entitled to do so and to make use of information made available via the Websites. Your use of the Websites and/or your engagement of the WeeklyShip Services as a client (“Client”), constitute your agreement, without limitation or qualification, to be bound by, and to comply with, the terms of this service inquiry agreement. WeeklyShip may change or modify this service inquiry agreement from time to time. At any time, you may review the most current Terms and Conditions at www.weeklyship.com.
9. Trademarks: The trademarks, names, logos and service marks (collectively “trademarks”) displayed on the Websites are registered and unregistered trademarks of WeeklyShip.com or of the respective owners as noted. Nothing contained on the Websites should be construed as granting any license or right to use any trademark without the prior written permission of the trademark owner. FedEx ®, DHL®, UPS ® and USPS® are the registered trademarks of Federal Express Corporation, DHL International GmbH, United Parcel Service of America, Inc., and United States Postal Service respectively. WeeklyShip is not in any way affiliated with, sponsored by, or endorsed by these companies.
0. External Links: External links may be provided for your convenience, but they are beyond the control of the WeeklyShip and no representation is made as to their content. Use or reliance on any external links and the content thereon provided is at your own risk.
1. Warranties: WeeklyShip makes no warranties, representations, statements or guarantees (whether express, implied in law or residual) regarding the Websites.
2. Disclaimer of Liability: WeeklyShip shall not be responsible for and disclaims all liability for any loss, liability, damage (whether direct, indirect or consequential), personal injury or expense of any nature whatsoever which may be suffered by you or any third party (including your company), as a result of or which may be attributable, directly or indirectly, to your access and use of the Websites, any information contained on the Websites, your or your company’s personal information or material and information transmitted over our system. In particular, neither WeeklyShip nor any third party or data or content provider shall be liable in any way to you or to any other person, firm or corporation whatsoever for any loss, liability, damage (whether direct or consequential), personal injury or expense of any nature whatsoever arising from any delays, inaccuracies, errors in, or omission of any share price information or the transmission thereof, or for any actions taken in reliance thereon or occasioned thereby or by reason of non-performance or interruption, or termination thereof.
3. Indemnification: YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS WEEKLYSHIP, FROM AND AGAINST ANY AND ALL CLAIMS, EXPENSES OR DAMAGES (INCLUDING ATTORNEYS’ FEES), WHETHER KNOWN OR UNKNOWN, ARISING FROM, INCURRED AS A RESULT OF, OR IN ANY MANNER RELATED TO (A) YOUR USE OF THE SERVICES OR THE WEBSITES, OR (B) YOUR PROMISES OR STATEMENTS MADE IN THIS AGREEMENT. YOU HEREBY AGREE TO WAIVE (TO THE EXTENT PERMISSABLE) ALL LAWS THAT MAY LIMIT THE EFFECTIVENESS OF THE FOREGOING RELEASES. NOTWITHSTANDING THE FOREGOING, THIS INDEMNIFICATION SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW AND SHALL SURVIVE TERMINATION OF THIS AGREEMENT.
4. Conflict of Terms: If there is a conflict or contradiction between the provisions of these website terms and conditions and any other relevant terms and conditions, policies or notices, the other relevant terms and conditions, policies or notices which relate specifically to a particular section or module of the Websites shall prevail in respect of your use of the relevant section or module of the Websites.
5. Severability: Any provision of any relevant terms and conditions, policies and notices, which is or becomes unenforceable in any jurisdiction, whether due to being void, invalidity, illegality, unlawfulness or for any reason whatever, shall, in such jurisdiction only and only to the extent that it is so unenforceable, be treated as void and the remaining provisions of any relevant terms and conditions, policies and notices shall remain in full force and effect.
6. Entire Agreement: This Agreement, including any Exhibits, states the entire Agreement between the parties.
7.Force Majeure: WeeklyShip shall not be responsible for delays or failures (including any delay by WeeklyShip to make progress in the prosecution of any Services) if such delay arises out of causes beyond its control. Such causes may include, but are not restricted to, acts of God or of the public enemy, fires, floods, epidemics, riots, quarantine restrictions, strikes, freight embargoes, earthquakes, electrical outages, computer or communications failures, and severe weather.