uShip User Agreement Updates

Updated

uShip is updating its User Agreement. By using uShip on or after November 1, 2017, you are agreeing to the updated terms. Or, you can accept the terms by logging in or creating an account on or after November 1, 2017. Below are the substantive updates:

 

7 a) Full Pre-funded Payment.

For shipments with a payment code, when delivery is completed, the customer can release payment from their account by marking the shipment as “Delivered” or giving the payment code directly to the TSP, which is the equivalent of making a non-reversible cash payment. TSPs can only ask for the payment code after the load is delivered when being paid through uShip Payments (exception: shipments of live animals may require payment at pick-up). The shipper agrees that they will release the payment to the TSP upon delivery of the shipment regardless of damages, delays, or any other service level issue that might have occurred during transit. uShip will make commercially reasonable efforts to ensure proper disbursement of funds among shippers and TSPs; however uShip shall have no liability or be otherwise indebted to the TSP if the shipper fails to satisfy the condition of payment. In consideration for the costs and resources incurred by uShip in keeping the account open and undertaking such efforts, the shipper and the TSP hereby acknowledge and agree that uShip shall charge a dormancy fee on a monthly basis of 12.5%, commencing 120 days following the deposit of the payment due to TSP with uShip (the “Dormancy Fees”). In no event, shall the aggregate Dormancy Fees exceed the amount of the payment due to TSP.  If, 365 days after the date of booking, commercially reasonable efforts do not result in the disbursement of funds, any remaining funds associated with the transaction(s) in question shall be deemed forfeited and shall become property of uShip for failure by the shipper to satisfy the condition to payment of releasing the payment code. If a shipper refuses to release the payment, uShip cannot release payment without the shipper’s consent under any circumstance and the right to payment by the TSP shall then be conditioned on the shipper’s consent. It is the responsibility of both the TSP and shipper to resolve all monetary disputes, damage claims, breach of contract claims, etc. outside of uShip. The shipper and TSP acknowledge and agree that uShip shall not have any obligations or liability to the TSP unless uShip fails to fulfill its explicit obligations hereunder.

9 e) 4) Unpaid Balance Fees.

If, for any reason, any unpaid balances have not been received or in any manner realized by uShip on matches that have been completed by You for the services and any additional services performed by You ("Unpaid Balances"), You agree to pay such Unpaid Balance immediately. If in any billing period, we are not able to collect the full Unpaid Balance from your available uShip account balance, we reserve the right to charge your payment method on file for the balance(s) associated. uShip reserves the right to charge your account an unpaid balance penalty of 5% of the total cost or $10, whichever is greater, and hold your account until the debt has been settled if not paid within 5 days of debt creation. If the balance remains unpaid for 30 days, the account in question will be suspended. If the unpaid balance is not addressed within 60 days, the account in question will be sent to collections.

If you are enrolled in Pay on Terms, uShip reserves the right to enforce unpaid balance fees in accordance with the repayment schedule outlined in the Pay on Terms User Agreement addendum.

11 a) Refunds.

For all cancelled shipments booked using the Booking Deposit payment method, the shipper deposit and/or the shipper Service Charge will be collected by uShip as our cancellation fee. At uShip's sole discretion, and on a case-by-case basis, we may offer the cancellation fee as a discount to a future transaction; provided, however, that in such cases (i) the right to such discount shall be conditioned, and may be given in consideration for the shipper consummating a future transaction with uShip within 365 days following the issuance of such credit, and (ii) such discount shall have no cash value and shall not be transferable. The remaining 90% of the booked shipment price will be refunded in full. A full refund of the booked shipment price and shipper Service Charge will be issued for all cancelled uShip Payments transactions paid by a bank account. A refund can only be given if the uShip Payments payment code has not been released to the TSP.

 

You can access our current User Agreement here. Beginning November 1, 2017 the updated terms can be viewed in their entirety by visiting the same link. If you have any questions, please contact Member Support.

 

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