Neighborhood Parcel Terms Of Agreement Policy

Embed Size (px)

Citation preview

  • 8/9/2019 Neighborhood Parcel Terms Of Agreement Policy

    1/5

    1Terms Of Use Policy Neighborhood Parcel Copyright 2010

    I. TERMS OF SERVICE.The following are the terms of service provided by Neighborhood Parcel and Website use at

    GetmyUSmail.com and Myuspostoffice.com:

    1. Neighborhood Parcel will provide the Member with a U.S. street address for his / her use in the U.S.A.

    2. Neighborhood Parcel services consist of receiving the Member's mail and merchandise, sorting it,packing it, transporting it to the Member's country and delivering it to the Member's specified local

    address during regular business hours.

    3. Neighborhood Parcel cannot hold/store mail (letters, catalogs, magazines, and newspaper) exceeding

    the Member's 4 inch high mailbox. Neighborhood Parcel will notify the Member via e-mail once his/her

    mailbox is full, and the member will have 5 days to either request a shipment or contact Neighborhood

    Parcel to discard his/her mail. If no reply is received from the Member, then his/her mail will be shipped

    to the address on record.

    4. Any charges generated directly from this activity, such as taxes, customs duties and service fees

    presently in effect or established in the future, will be the responsibility of the Neighborhood Parcel

    Member.

    5. The Neighborhood Parcel Member authorizes the company to charge his/her credit card for

    Membership Dues, Shipping and Handling Charges, and charges for any Additional / Optional Services

    selected by the Member. If Neighborhood Parcel receives a chargeback for any previous valid charges,

    then the Member's account may be immediately terminated and all mail/packages will be returned to

    sender or properly discarded.

    6. Shipping charges are based on weight, but Dimensional weight may apply on bulky, lightweight

    packages.

    7. Neighborhood Parcel will allow active Mail Forwarding customers to store their merchandise for up to

    30 days at no charge. After 30 days, customer agrees to pay storage fees of $5 per box plus $1 per

    pound per week.

    8. Insurance costs for merchandise shipments are based on the Insured Value. Each $100.00 of insured

    value costs $2.00. Neighborhood Parcel Members will receive $100.00 of FREE insurance on all

  • 8/9/2019 Neighborhood Parcel Terms Of Agreement Policy

    2/5

    2Terms Of Use Policy Neighborhood Parcel Copyright 2010

    merchandise shipped express. In the event of a claim, the payment will be based on either the weight of

    the consignment and/or the amount or the percentage of the value that you have declared and will be

    subject to all of the terms and conditions of the shipping carriers' airway bill(s).

    9. Either party may cancel this agreement with written notice (email, fax or letter). Neighborhood Parcel

    Members will receive a prorated refund on the unused portion of their Annual Membership Fee.

    10. Monthly Membership Fees, Setup Fees and Magazine purchases are non-refundable. Neighborhood

    Parcel will have the option to return all packages/mail to the senders and/or discard the items for

    accounts which are canceled. Shipping charges for non-members or canceled customers are twice the

    rate of shipping prices listed on the Neighborhood Parcel website.

    11. If a Member does not pay for services rendered for a period over 30 days, his/her membership may

    be canceled by Neighborhood Parcel.com. All packages and mail may be returned-to-sender or

    discarded at the sole discretion of Neighborhood Parcel.com. Member forfeits all claims to items

    abandoned in his mailbox, once his Membership is canceled.

    12. Membership is automatically renewed unless the Member advises Neighborhood Parcel in writing

    he/she wishes not to renew their Membership.

    13. There is no charge to maintain a Standard Account provided the suite receives or sends at least 1

    package during a six month period.

    14. Activation of your U.S. address and/or its use after the effective date hereof will represent your

    acceptance of this agreement and the authorization to charge your credit card for all your future

    charges.

    15. Neighborhood Parcel reserves the right, at its sole discretion, to change, modify, or otherwise alterthese terms and condition anytime. Please review the terms and conditions periodically. Your continued

    use of site following the postings of changes and/or modifications will constitute your acceptance of the

    re-terms and conditions.

    16. Illegal activity is not permitted by Neighborhood Parcel.com. Any legal fees incurred by

    Neighborhood Parcel enforcing the laws of the U.S. against a customer or potential customer will be the

    financial responsibility of the customer. See below regarding Compliance and Indemnification.

    17. Membership starts the day we receive your application. Neighborhood Parcel cannot send any

    shipments until the USPS Mail Forwarding Form 1583, or such other documentation Neighborhood

    Parcel requires is received in its entirety.

    18. The Neighborhood Parcel Member is responsible for and warrants its compliance with all applicable

    laws, rules and regulations, including, but not limited to, the export laws and government regulations of

    any country to, from, through or over which the Neighborhood Parcel Member shipment may be

    carried. This responsibility includes, without limitation, determining any and all applicable license

    requirements, including without limitation US Department of Commerce export licenses, US Department

  • 8/9/2019 Neighborhood Parcel Terms Of Agreement Policy

    3/5

    3Terms Of Use Policy Neighborhood Parcel Copyright 2010

    of State export licenses and any and all import license requirements of the destination country, and

    obtaining same. The Neighborhood Parcel Member agrees and acknowledges that the Member shall

    purchase any and all merchandise from United States sellers under an ex works agreement and that the

    Neighborhood Parcel Member agrees to furnish such information and complete and attach such

    documents as necessary to comply with any applicable laws, rules and/or regulations, including notifying

    the United States Principal Party In Interest, as defined by the United States Foreign Trade Statistics

    Regulations, in every transaction generated by Member of the ultimate destination of any items ordered

    by Member and gathering and providing to Neighborhood Parcel all required information for export

    purposes from the United States Principal Party in Interest including without limitation the Export

    Control Classification Number and, if a Shipper's Export Declaration (S.E.D.) is required, the USPPI's tax

    identification number.

    19. Member represents and warrants that the Member is the end user of any and all merchandise that

    the Member requests shipped to Member's address and that any and all merchandise Member requests

    shipments will be used in the country that the Member requests shipment to and that Member will not

    re-export to a different destination.

    II. POWER OF ATTORNEY AND APPOINTMENT OF NEIGHBORHOOD PARCEL AS MEMBER'S AGENT:

    Neighborhood Parcel Members must appoint Neighborhood Parcel as the agent for the Member for the

    performance of customs clearance, preparation of shipping documents, with full power of attorney to

    act as such an agent of the Neighborhood Parcel Customer to the extent allowed by law for the specific

    purposes enumerated in this Section, including without limitation preparation of a certificate of origin,

    an SED, airway bill or any other document required to ship merchandise to Member. If a Shipper's

    Export Declaration (S.E.D.) is required, or preparation of a Certificate of Origin for goods manufacturedand originating within the United States on behalf of the Neighborhood Parcel Member when one is

    required, Neighborhood Parcel will file the required export information on behalf of the Neighborhood

    Parcel Member as its agent pursuant to this section. The Neighborhood Parcel Member must

    acknowledge that it has a duty to and is solely liable for providing all information required by United

    States' laws and regulations, including without limitation, information required by 15 CFR sec. 30 and

    maintaining all records as required under the customs or other government agency laws; Neighborhood

    Parcel assumes no responsibility to act as a record-keeper or record-keeping agent for the either the

    Member or the USPPI. The Member is responsible to supply to Neighborhood Parcel all information

    regarding the USPPI, including its name and employer identification number (EIN), and the ECCN,

    Schedule B classification and all other information required under a routed export transaction asdescribed in Title 15, Code of Federal Regulations, Part 30, and the Foreign Trade Statistics Regulations

    (FTSR).

    III. INDEMNIFICATION:

  • 8/9/2019 Neighborhood Parcel Terms Of Agreement Policy

    4/5

    4Terms Of Use Policy Neighborhood Parcel Copyright 2010

    The following is the indemnification required by Neighborhood Parcel from its members:

    1. The Member agrees that it will remain liable for and indemnify, defend and hold harmless

    Neighborhood Parcel and its shareholders, officers, directors, agents, partners, employees and

    independent contractors, at all times from the date hereof forward, from and against any and all claims,

    actions, damages, awards, liabilities, losses (including consequential losses), judgments, penalties,interest, fines, expenses, and/or other costs (including attorneys' fees and court costs) arising by reason

    of the execution hereof or the consummation of the transactions contemplated hereby, including

    without limitation those arising from or relating to:

    a. any negligent action or omission of Member or any of the Member's employees, contractors,

    agents or any other person acting under Member's supervision or control prior to, as of, or following the

    date hereof;

    b. any inaccuracy or breach of any representation or warranty made by Member in this

    Agreement or any other document or instrument executed or delivered by Member in connection with

    this Agreement or any breach or non-performance of any covenant or agreement made by Company in

    this Agreement or any other document or instrument made by Member in connection with this

    Agreement;

    c. Neighborhood Parcel preparation, determination or execution of the documents (including

    international air waybills) or any other document necessary for transportation, including, but not limited

    to shipment addressing, routing, classification, licensing requirements, and value of goods/documents

    and value for carriage, except for claims arising solely from the gross negligence or willful misconduct of

    Neighborhood Parcel;

    d. Member providing to Neighborhood Parcel any information or documents, including withoutlimitation any inaccurate or false information or documents;

    e. Member's failure to comply with the terms hereof or any U.S. or other jurisdiction's law applicable to

    the exportation or importation (into the destination country) of such shipments.

    2. The Member acknowledges that the foregoing provisions are a material inducement to Neighborhood

    Parcel to and enter into this Agreement and the transactions contemplated hereby, and shall survive

    termination of this Agreement.

    IV COPYRIGHT

    All content included on this Website, such as text, graphics, logos, button icons, images, and software, is

    the property of Neighborhood Parcel or its content suppliers and protected by international copyright

    laws. The compilation (meaning the collection, arrangement, and assembly) of all content on this

    Website is the exclusive property of Neighborhood Parcel and is protected by international copyright

    laws. All software used on this Website is the property of Neighborhood Parcel or its software suppliers

    and protected by international copyright laws. The content and software on this Website may be used

    as a shopping, selling, and e-card resource. Any other use, including the reproduction, modification,

  • 8/9/2019 Neighborhood Parcel Terms Of Agreement Policy

    5/5

    5Terms Of Use Policy Neighborhood Parcel Copyright 2010

    distribution, transmission, republication, display, or performance, of the content on this Website is

    strictly prohibited.