RELAY^™ COMMUNICATIONS HUB Product Terms

Scope

The Services include any functionality we provide to you for download onto your computer for use with the Services. Your license is subject to any additional terms provided the SOW.

Your Obligations

You’ll provide sufficient data and information to be incorporated into the statements, including the names and addresses of the intended recipients of the statements, in the format set out in the SOW or any Services documentation (“Data Files”). Major file layout changes may require an amendment to the related SOW. We reserve the right to bill you at our then prevailing rate for any modifications to the original data file layout or other account maintenance performed by us after we receive your first live file data transmission. We’ll provide written quotation of any modification fees. Variance from the agreed upon format may require manual intervention and lead to processing delays.

You’re responsible for compliance with all USPS regulations, including, without limitation, the Move Update requirements, and you represent and warrant that you are in compliance with those obligations. If you fail to comply with those obligations, including but not limited to failure to use an appropriate endorsement and a Move Update compliant method to verify addresses, and that failure results in fines, penalties, additional payments, or increased postage rates (i.e., loss of pre-sort mail discounts) to us or our vendor, those amounts will be charged to you.

Performance Standards; Service Availability

a) We’ll perform the Services in a skillful and workmanlike manner and, if we have entered into a SOW with you, in accordance with the specifications set out in the SOW.

b) We’ll use best efforts to make the Services available during the Available Hours of Operation (as defined below) in accordance with the Service Availability Statement located at https://www.pitneybowes.com/us/license-terms-of-use/service-availability-statement/relay.html. Support for the Services will be available during the Available Hours of Support (as defined below). Support will consist of online technical assistance and telephone assistance. “Available Hours of Operation” means twenty-four (24) hours per day, seven (7) days per week exclusive of Scheduled Downtime, (defined in (c) below), and downtime arising from causes beyond our reasonable direct control, such as the interruption or failure of telecommunications or digital transmission links, hostile network attacks or a force majeure event, as set out in Section 19 (Force Majeure) of the Agreement. “Available Hours of Support” means Monday through Friday from 8:00 a.m. Eastern Time until 8:00 p.m. Eastern Time, excluding U.S. holidays observed by us.

c) The Services may be inaccessible or inoperable during certain periods so that we can perform maintenance support services (“Scheduled Downtime”). We’ll use reasonable commercial efforts to minimize any disruption, inaccessibility or inoperability of the Services in connection with the Scheduled Downtime or other disruption of the Services.

Acceptance

Unless you selected the Relay Integrity Express pack, we’ll provide you with an initial client acceptance document (“CAD”) for your review and acceptance. You’ll have no more than 15 business days to either sign and return the CAD to us, or reject it in writing. Upon the earlier of (i) the return of the CAD signed by you, or (ii) the end of the 15 business-day period during which time you have not notified us in writing of your rejection of the CAD, we may immediately start billing you for the Services. If you selected the Relay Integrity Express pack, the CAD is inapplicable to you.

Term; Termination

a) The Agreement will automatically renew for successive one-year periods, unless either you or we terminate it by providing forty-five (45) days’ advance written notice. If the CAD is applicable to you and has not been completed and signed by you within one hundred twenty (120) days of the effective date of the Order, we may also terminate the Agreement effective immediately.

b) Each SOW will be effective on the effective date set forth in the SOW and will remain in effect for the term of the Agreement. Either party may terminate a SOW (i) if the other party breaches any material provision of these terms, the Agreement or the applicable SOW(s), and, in either case, does not cure such breach within thirty (30) days after written notice thereof; and (ii) during any one-year renewal period with or without cause upon forty-five (45) days’ advance written notice to the other party. We may also terminate a SOW under the Relay Email Delivery Service Pack section below. Termination of one SOW will not affect any other SOW.

Relay Email Delivery Service Pack

If the Relay Email Delivery Service Pack is selected on your Order: (i) you’ll ensure that your customers’ email addresses are in an appropriate/deliverable format; (ii) if the rate of undeliverable “hard bounce” and “complaint” related emails is flagged by our service provider, we may notify you that the Relay Email Delivery Service is at risk of being suspended; (iii) upon notice from us, you agree to remove or correct any email addresses reported as failed due to a hard bounce or recipient complaint; (iv) if the rate of undeliverable hard bounce emails exceeds 5% or if the rate of undeliverable complaint related emails exceeds 0.1%, we reserve the right to terminate the SOW issued in connection with the Relay Email Delivery Service; and (v) we won’t be responsible for any email that has not been delivered as a result of your failure to comply with clauses (i) through (iv).