SendPro Terms of Use - Subscription

SendPro Application Terms of Use - Subscription

Thanks for using our SendPro™ application, an online service that simplifies mailing and shipping (the “Service”).  Please read these Terms of Use and our Privacy Statement (collectively, these “Terms”) carefully. Also, your use of the Service when sending via Parcel Force is subject to additional conditions of carriage located here: 
https://www.pitneybowes.com/content/dam/pitneybowes/uk/en/legal/conditions-of-carriage-may-2018.pdf 
By using the Service or signing up for an account, you’re agreeing to these Terms.

We’ll start with the basics, including a few definitions that should help you understand this agreement. The Service is a service offered by Pitney Bowes Limited (“we”, “us” and “our”) that allows you to manage addresses, print labels and postage and track your shipments so that you can send letters, packages and parcels through Royal Mail Group Ltd, Company No. 4138203, including under its trading name Parcelforce Worldwide (”Royal Mail”). This web site (the “Site”) is owned and operated by us.

These Terms define the terms and conditions under which you’re allowed to use the Service and how we’ll treat your account while you’re utilizing the Service. If you have any questions about our terms, feel free to contact us. 

ACCOUNT – USE OF SERVICE - CHANGES

1.    Eligibility

In order to use the Service, you must: (a) complete the registration process; (b) agree to these Terms by clicking “I Accept”; and (c) provide true, complete and up to date contact information for so long as you access the Service. You agree that you won’t use the Service in a way that violates any laws or regulations, including any relating to data protection and privacy. We may refuse service or close your account if you fail to comply with these Terms.

2.    Use of the Service

Upon the payment of fees, and for so long as you comply with these Terms, we grant you a non-exclusive, non-transferable licence to access and use the Service for up to the number of users purchased by you for the Term (which is defined in Section 3 below). You may upgrade your plan for additional fees. We reserve all rights to the Service not expressly granted to you in these Terms. Your access to and use of the Site may be interrupted from time to time for various reasons, including malfunction of equipment, periodic updating, maintenance or repair of the Site, or other actions that we may elect to take.  You will only use the Service for business or commercial purposes and not for personal, family or household purposes. You will not use the Service to send infringing, obscene, threatening or unlawful or tortious material or disrupt other users of the Service.  Disruptions include denial of service attempts, propagation of computer worms and viruses, or use of the Service to make unauthorized entry to any other device accessible via the Service.  In addition, you will not reverse engineer, decompile or disassemble the Service.  The occurrence of any of the foregoing will be deemed a material breach and we may immediately terminate your use of the Service.

3.    Term and Termination

The Term begins when you sign up for the Service and continues until your account is closed or terminated. You or we may terminate your account at any time and for any reason by giving notice to the other and we may suspend the Service to you at any time, with or without cause. Once terminated, we may permanently delete your account and all the data associated with it.

4.    Changes

We may change the Service and any features of the Service from time to time. In addition, we may change any of these Terms and the fees charged for using the Service by posting revised Terms and/or fees on the Site and/or by sending an email to the last email address you gave to us. The new Terms and the new fees will be effective on the day on which your next subscription payment is due and will apply thereafter. If you do not wish to agree to the new Terms or the new fees, you must stop using the Service immediately.  

5.    Account and Password

By registering for the Service, you will be prompted to establish certain passwords and/or provide other access information to enable you to use the Service. The account name, password and/or access information is confidential information and should be used solely by you to access your account and use the Service. You’re responsible for keeping your account name, password and access information confidential. You’ll take all reasonable steps to prevent unauthorized access to your account and you’ll immediately notify us of any unauthorized use of your accounts.  We are not responsible for any losses due to stolen or hacked passwords.

6.    Account Disputes

We don’t arbitrate disputes over who owns an account. You won't request access to or information about an account that's not yours. We decide who owns an account based on the information that has been provided to us with respect to the account, and if multiple people or entities are identified, then we will rely on the contact information listed for that account.

PAYMENTS

7.    Fees; Payment Terms; Trial Period

The fees for the use of the Service are posted on the Site and may be changed from time to time. These fees do not include: (i) any applicable sales, use or other taxes, which will be invoiced separately by us; and (ii) the postage, shipping or other charges imposed by Royal Mail for printing postage or labels and sending letters or parcels through Royal Mail. Your subscription for the use of the Service will be billed monthly in advance with the first payment due at the time of registration and with each subsequent payment due on the due date specified in the invoice for the payment.  If you terminate under Section 3 above, your access to the Service will continue through the period for which you have paid in advance.  If we terminate your account, then we will continue to provide the Service to you through the period for which you have paid in advance, unless you have failed to comply with these Terms, in which case your access will be immediately revoked.  You won’t be entitled to a refund from us under any circumstances.

If your subscription includes a free trial period and if you do not wish to continue your subscription past the trial period, you must cancel your subscription before the last day of the trial period to avoid being billed for the first month of the subscription once the trial period has expired.

8.    Purchase Power

You will need to establish and maintain a Purchase Power® account with us and have available credit under the Purchase Power account. All charges by Royal Mail for postage or for the sending of parcels through the Service (such charges are called “Shipping Charges”) and all fees for the use of the Service will be charged to your Purchase Power account. In the event that (i) you do not maintain a Purchase Power account with us; or (ii) you do not have available credit under a Purchase Power account you will not be able to use the Service.

FRANKING LICENCE AND ROYAL MAIL TERMS

9.    Licence

“Licence” means a licence issued by Royal Mail allowing Users to use Franking Equipment, as these terms are defined in the Royal Mail Scheme for Franking Letters and Parcels 2014, as may change from time to time (the “Franking Scheme”).

You can only use the Royal Mail Service if and as long as you have a valid Licence. If you breach any of the terms of your Licence, or Royal Mail revokes your Licence, your access to the Royal Mail Service shall be immediately terminated without refund of any fees and without prejudice to any other rights we or Royal Mail may have against you. You will be liable to us for any liability we incur because of your breaches of this Section or of your Licence.

10.   Royal Mail’s Terms

These Terms are in addition to any other applicable terms and conditions that govern the services you acquire from Royal Mail, including without limitation the Franking Scheme, any other scheme made under section 89 of the Postal Services Act 2000 (as amended) and, where applicable, Parcelforce Worldwide’s Conditions of Carriage ( the “Postal Services Terms”).

The Postal Services Terms are available via www.royalmail.com/customer-service/terms-and-conditions.

Without limitation to the above, when placing orders at the Site you should make sure that you enter the correct parcel’s dimensions and weight and that you comply with any requirements under the Postal Services Terms relating to prohibited goods and restricted goods. Further information about these requirements can be found at Royal Mail’s.

Royal Mail are not liable to you for the use of, or inability to use, the Service or the Site, including without limitation for any losses due to stolen or hacked passwords. Royal Mail’s only liability to you in relation to the services you acquire from Royal Mail through the Service will be as set out in the applicable Postal Services Terms including, without limitation, any entitlement or otherwise you may have to compensation for lost, damaged or delayed items. In case of conflict between these Terms (insofar as they apply between you and Royal Mail) and the Postal Services Terms, the Postal Services Terms shall prevail.

RIGHTS

11.  Trademarks

Pitney Bowes, the Pitney Bowes logo, and associated brand names and domain names are our trademarks in the United Kingdom and/or other countries. All marks not owned by us are the property of their respective owners.

Royal Mail, names of Royal Mail services featured on the Site, the Royal Mail cruciform, Parcelforce Worldwide and the Parcelforce Worldwide logo are registered trademarks of Royal Mail Group Limited or its related companies in the United Kingdom and other countries.

You may not use, and nothing contained on the Site or in these Terms grants any right to use, any trademark displayed on the Site without our written permission or the respective owner of such trademark.

12. Use of the Site

You agree that content on the Site is protected by copyrights, trademarks and other intellectual and proprietary rights; and these Terms and applicable copyright, trademark and other laws govern your use of content on the Site.

LIABILITY

13. LIMITATION OF LIABILITY

To the maximum extent permitted by law, you assume full responsibility for any loss that results from your use of or inability to use the Service and we will not be liable for any such loss. If the waiver of liability in the previous sentence is not permitted by law, the total liability for all claims made relating to your use of or inability to use the Service in any month will be no more than what you paid us for the Service the month before. 

We won’t will be liable for any (i) loss or damage to profits, sales, business, goodwill or anticipated savings; or (ii) business interruption or lost data; or (iii) punitive, special, consequential, incidental or indirect damages, even if we have been advised of the possibility of such loss or damage.

Nothing in this Agreement shall exclude, limit or restrict our liability for: (i) death or personal injury resulting from our negligence; (ii) fraud or fraudulent misrepresentation; or (iii) any other cause of action which cannot be limited or excluded under applicable law.

14. INDEMNITY

You agree to indemnify and hold us harmless from and against any and all losses, costs and expenses (including attorneys’ fees) arising in any way from your use of the Service or related to any breach of these terms by you or any user authorized by you. We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you and, in such case, you agree to cooperate with us in making the defense.

15.  DISCLAIMER

The Service and the content on the Site are provided by us “as is” without warranties and conditions of any kind, either express or implied, including warranties or conditions of merchantability and fitness for a particular purpose, accuracy, reliability and non-infringement, and you waive all warranties from us to the maximum extent provided by law.

LINKS TO THIRD PARTY SITES

16.  Third Party Sites

The Site and these Terms may contain links to third party websites, including links to the websites of Royal Mail (“Linked Sites”). The Linked Sites are not under our control and we are not responsible for the contents of any Linked Site, including any link contained in a Linked Site, or any changes or updates to a Linked Site. You should contact the site administrator or webmaster for those Linked Sites if you have any concerns regarding such links or the content located there.

MISCELLANEOUS

17.  Assignments

You may not assign any of your rights under these Terms to anyone else. We may assign our rights to any other individual or entity at our discretion.

18.  Choice of Law

These Terms will be governed by the laws of England and you and we submit to the exclusive jurisdiction of the English courts.

19.  Severability

If any provision of this Agreement, or portion thereof, is held to be invalid, illegal or unenforceable by a court of competent jurisdiction, such provision will be severed and the remaining provisions of this Agreement will remain in full force and effect.

20.  Force Majeure

We won’t be liable for any delays or failure in performance of any part of the Service from any cause beyond our control. This includes acts of God, changes to law or regulations, embargoes, war, terrorist acts, riots, strikes, power blackouts, and acts of hackers or third-party internet service providers.

21.  Amendments and Waiver

Changes to these Terms won’t be effective until we post revised Terms on the Site. If we don’t immediately take action on a violation of these Terms, we’re not giving up any rights under these Terms, and we may still take action at a later point.

22.  Notices

Except as provided in the next sentence: (i) any notice to you will be effective when we send it to the last email or physical address you gave us; and (ii) any notice to us will be effective when delivered to us at Pitney Bowes Limited. – SendPro Team, Building 5 Trident Place, Hatfield Business Park, Mosquito Way, AL10 9UJ. Any notice alleging a breach of these Terms will be in writing and will be sent by overnight courier or delivered in person to: (i) in the case of a notice to you, the physical address you gave us; and (ii) in the case of a notice to us, Attn. Company Secretary, Pitney Bowes Limited, Building 5 Trident Place, Hatfield Business Park, Mosquito Way, AL10 9UJ, or any addresses we may later post on the Site.

23.  Entire Agreement

These Terms make up the entire agreement and supersede all prior agreements, representations, and understandings. This does not exclude any liability for fraudulent misrepresentation.