Network Service Agreement

 

You agree to and understand the following in its entirety:

This uShip Network Service Agreement (“NSA”), describes the terms and conditions for being a Carrier or a Shipper as part of either the uShip In-Home Delivery (“IHD”) program or the uShip Book It Now (“BIN”) program.  When a registered carrier, (also referred to as “Carrier” or “uShip Carrier”), or a shipper, (also referred to as “Shipper”, “uShip Shipper”, or “Client”), accesses and uses our shipping marketplace services (collectively, “Services”), and accept the terms and conditions of this NSA, they hereby agree and acknowledge that at any time and in our sole discretion, we may modify the terms and conditions of this NSA. Any reference in this NSA to a “party” or “Party” shall mean either uShip, Inc. (“uShip”), Shipper, or Carrier, as to which the matter pertains individually, and to the “parties” or “Parties” shall mean either Shipper and Carrier, and/or uShip, as to which the matter pertains collectively.  This NSA is incorporated by reference into and made a part of the uShip User Agreement.  Capitalized terms used herein but not defined shall have the definition provided to it in the User Agreement.  All amounts indicated herein are in United States Dollars (“USD”).   Prior versions of this NSA, formerly called the “uShip In-Home Delivery Carrier and Client Service Terms & Standard Procedures Agreement (“IHD Terms & SOP Agreement”)”, can be located here. Where Shipper and uShip have a separate agreement governing the Services (“Services Agreement”), then said Services Agreement shall remain in full force and effect, and in the event of a conflict, and only in so far, said Services Agreement will take precedence over this NSA.  Should Shipper require Carriers to agree to a separate agreement in order to join its IHD Network on the uShip Platform (“Carrier Agreement”), Shipper may enforce the terms of said Carrier Agreement, in its discretion, including in so far as said terms include more rigorous and stringent requirements on Carriers in Shipper’s IHD Network.  Shipper and Carrier acknowledge that said Carrier Agreement, to which uShip is not a party, is between Shipper and any Carrier who executes said Carrier Agreement.  Subject to the foregoing, in the event of a conflict between this NSA and any other agreement between the Parties, this NSA shall control.

1. Purpose of this Agreement.

The purpose of this document is to set out the guidelines and terms for the IHD’s program and BIN’s program offerings for both Carriers and Shippers.  In this agreement, Carriers and Shippers will find a set of service terms and standard procedures detailing the expectations which all Carriers and Shippers wishing to gain access to either the IHD Program, the BIN program, or both, including Shipper’s IHD’s Network Shipments, must agree to uphold in order to participate in either program.

2. Important Definitions

2.1. Account Hold: When a Carrier’s uShip account is frozen. If Your account is under a “hold,” You are able to login and view your currently booked items, but You are prevented from taking any site action, including withdrawing payment, asking listing questions, or any other action that affects your account.

2.2. Book It Now Network (“BIN Network”): (BIN only) A curated network of pre-approved Carriers available to book a Shipper’s BIN Network Shipment.

2.3. Book It Now Network Shipment (“BIN Network Shipment”): (BIN only) Shipper may elect to book a shipment without waiting to receive a quote in the marketplace by opting into instant rates provided by Carriers in the BIN Network.

2.4. Booking Hold: A temporary limitation of a Carrier’s ability to book either a BIN Network Shipment and/or a Shipper’s IHD Network Shipments and is typically in place for 1-2 weeks. Booking holds serve as a mechanism to emphasize Shippers’ standards to Carriers that have repeatedly failed to follow the service terms and standard procedures set by a Shipper or by uShip.

2.5. Carrier Owned Storage: (IHD only) Storage space that belongs to the Carrier.

2.6. Certificate of Insurance (“COI”):  Document provided by an insurance provider that verifies the existence of a policy.

2.7. Change of Address Adjustment: Difference in cost upon requoting the shipment to account for change in location.

2.8. Dry Run: When a Carrier appears for a scheduled pickup or delivery but is unable to complete due to the other party not being present/available, or the item not being ready.

2.9. Dry Run at Delivery: $100 Redelivery Fee.  (IHD only) Associated storage or transfer costs.

2.10. Dry Run at Pickup: $100 + Remote Location Surcharge (If applicable. Remote location determined by uShip pricing algorithm).

2.11. Electronic Bill of Lading (“uShip eBOL”): uShip’s digital Bill of Lading is a document issued for shipment documentation purposes that functions as an expression of the contract between the Carrier and the Shipper. The eBOL also provides a venue in which to capture photographs, notate item condition, and obtain customer signatures. As a courtesy benefit to uShip Users, each shipment has its own uniquely generated eBOL, accessible through the shipment page.  In the event there is a Carrier-issued Bill of Lading, it must be provided to uShip pursuant to section 3.3. (Documentation Required).

2.12. Excessive Delays: Shipments delayed 4 weeks or more for pickup, and/or 6 weeks or more for delivery.

2.13. Ferry Cost Adjustment: (IHD only) A $200 FLAT FEE for Carrier time + cost of ferry shown on receipt for a ferry required for any pick-up and/or delivery.

2.14. Independent Storage: (IHD only) Temporary storage space procured by a Carrier for a specific purpose.

2.15. Item Addition: Difference in quoted algorithm price for additional item.

2.16. Item Reduction: Carrier receives full payment code amount (of the original listing).

2.17. Misrepresentation Adjustment: Difference in quoted algorithm price due to misrepresentations (i.e. overweight/oversize items, etc., and (IHD only) flights of stairs) that result in additional costs.

2.18. Network Removal: When a Carrier’s access to either BIN Network Shipments and/or IHD Network Shipments is removed by removing said Carrier from the BIN Network or a respective Shipper’s IHD Network.

2.19. Service Level Failures: (IHD only) Any incident in which the service terms and standard procedures set by the Shipper and/or uShip are not met (Ex: a Carrier failing to contact a Shipper’s customer in advance of delivery).

2.20. Shipment Transfer: (IHD only) Any situation in which a shipment has been picked up by one Carrier and needs to be handed off to another Carrier for the remainder of its transport to its final destination.

2.21. Shipment Transfer Reroute Fee: (IHD only) When an original shipment has a Shipment Transfer, it undergoes an Item Reduction and an additional fee for rerouting the shipment is added, due to either Carrier operational issues or customer unavailability.

2.22. Shipper’s IHD Network.  (IHD only) A curated network of pre-approved Carriers available to book a Shipper’s IHD Network Shipment.

2.23. Shipper’s IHD Network Shipments.  (IHD only) IHD shipments which are only visible to a Shipper’s IHD Network and are also available for auto-booking.

2.24. Storage Adjustment: (IHD only) Cost of storage in a Carrier-owned warehouse or truck.

2.25. Storage at Independent Facility: (IHD only) Cost of storage shown on receipt.

3. Carrier Expectations

3.1. Communication and Presentation by a Carrier should meet the highest standard of care and concern for Shipper and customer satisfaction, including:

A. Introductory outreach with Carrier contact information made to pickup and delivery contact within 48 hours of booking.

B. Schedule appointments at least 24 hours prior to dispatch for pickup and delivery.

C. Communicate pickup and delivery schedules in a timely manner, at least 24 hours prior to dispatch for pickup and delivery.

D. Follow Shipper-specific standards precisely and without exception unless deviation is authorized by the Shipper in advance.

E. Only book shipments you expect to be able to service within the timeframe and expectations of the Shipper with whom you are booking.

F. Wear professional, clean attire.

G. Be respectful and courteous at all times in written, verbal, and in-person communications.

H. Refrain from promoting political or religious affiliations while servicing a Shipper’s shipment(s).

I. Follow all local delivery location guidelines and laws.

J. (BIN only) Expectation of pick-up within 14 days and delivery within 30 days.

3.2. Equipment and Personnel

A. Provide mandatory enclosed transport (Sprinter Van, Box Truck, Enclosed Trailer).

B. Provide additional personnel at the Carrier's own cost for any shipment exceeding 100 lbs. Requesting assistance from customers upon pickup and/or delivery is strictly PROHIBITED.

C. Have the following equipment available:

• • Dollies
  • Booties & Gloves
  • Furniture blankets
  • Packing materials (such as cartons, packing paper, tape, bubble wrap, etc.)
  • Tool kit (Allen keys, screwdrivers, hammer, etc.)

3.3. Documentation Required

3.3.1. To document a payable shipment, a Carrier must provide the following:

A. uShip eBOL Policy - Provide a completed uShip Electronic Bill of Lading (uShip eBOL), as defined herein, or a copy/photo of the completed and signed uShip eBOL to serve as a bill of lading (BOL) indicating the condition of goods at pickup and delivery.

B. Picture Documentation - Provide at least 4 photographs of goods capturing all sides of the item (i.e. left, right, back, and front) at both pick-up and at delivery.  The photographs provided should be of sufficient quality to provide sufficient detail of any defects or damages present.

C. Documentation Expectations - Carriers are required to meet Documentation Required expectations for 95% of shipments or risk Network Removal.

3.4 Payment

3.4.1. To receive payment a Carrier must:

A. Mark the item as “Delivered”.

B. After delivery confirmation is made, Shipper is responsible for releasing payment within 24 business hours.  uShip has no control over the payments between Users or the release of funds.  Payment release issues are subject to the uShip User Agreement terms and conditions.

3.4.2. Payment Code Release.  Carrier will not be provided a payment code upon delivery for any shipments.  If it has been longer than 24 hours and payment has not yet been released, the Carrier should contact the uShip Customer Success team at partnersupport@uship.com.

4. Limitations Imposed on Carriers

In the event that a Carrier does not meet the expectations set out herein, the uShip Customer Success team has the options outlined here to limit or remove the Carrier’s ability to do business via uShip.

The limitations provided herein are not exclusive or exhaustive, and the uShip Customer Success team may implement different options or impose different penalties in situations which it deems appropriate.  Without limiting the generality of the foregoing, enforcement may be more stringent (e.g., imposing the remedies for 2 Service Level Failures rather than 3, or extending the time-period during which failures are counted) than that which is set forth in these guidelines.

4.1. Booking Holds

Booking Holds are a temporary removal of a Carrier’s access to BIN Network Shipments and/or a Shipper’s IHD Network Shipments, typically 1-2 weeks in duration. They serve as a mechanism to emphasize uShip and Shipper’s standards to Carriers that have repeatedly failed to follow the terms and conditions set out herein.

4.1.1. Up to the discretion of the uShip Customer Success team, a Carrier may be subject to a Booking Hold if any of the following occur:

A. 3 or more Service Level Failures, with proof of fault, or fault beyond reasonable doubt, clearly on the Carrier, in any given 30-day period; or

B. Damages exceeding $1,000 of cargo or property damages; or

C. 2 events of an Account Hold within 30 days (Booking Hold placed upon removal of Account Hold); or

D. Failure to uphold the uShip User Agreement or any other previously agreed upon terms.

4.1.2. Booking Holds may consist of a 1 to 2-week hold period, determined on a case-by-case basis, which can be extended, depending on the circumstances, and until a decision is made to either release the Booking Hold or remove a Carrier from a Network or program.  uShip reserves the right to make the ultimate decision to place any Carrier on a Booking Hold for violations of this Agreement, or if it deems that allowing the Carrier to remain in the program would be risky to the success of Shipper relationships.

4.1.3. Carriers pending Network Removal will automatically be placed on Booking Holds so they may fulfill their final shipments with the Shipper.

4.1.4. A Carrier that has previously been placed on a Booking Hold may be subject to a swifter application of a subsequent Booking Hold than outlined above if they receive negative feedback following the removal of their previous Booking Hold.

4.2. Network Removal

“Network Removal” is the permanent removal of a Carrier’s access to either the BIN Network and/or a Shipper’s IHD Network.  After currently booked shipments are delivered, canceled, or transferred to alternate Carriers, the removed Carrier will no longer be able to view or book either BIN Network Shipments and/or a respective Shipper’s IHD Network Shipments on uShip.

4.2.1. With regard to a Carrier’s past and present standing in a Network, Network Removal will be highly considered by the uShip Customer Success team if an escalated event falls under the following activities and/or behaviors.  Notwithstanding that the uShip Customer Success team is highly incented to help Carriers succeed, Shipper has the right to insist on a Carrier’s removal from Shipper’s IHD Network based on Shipper’s IHD Network standards, which may be set forth in a separate Carrier Agreement, at Shipper’s discretion:

A. Harassment, discrimination, abuse, or bullying of Shippers, end-customers, or uShip employees will not be tolerated.  uShip has a zero-tolerance policy and prohibits any type of this behavior, which includes (but is not limited to) racism, sexism, ageism, and homophobia.  A zero-tolerance policy aims to create a safe and respectful workplace for all employees, Shippers, customers, and Carriers.

B. Brokering Shipper shipments.

C. Egregious damages without insurance coverage.

D. Unresponsiveness exceeding 28 days/4 consecutive weeks.

E. Repeated failure to uphold required BIN Network terms and/or Shipper’s IHD Network terms with no sign of improvement.  (Such as a failure to maintain insurance, or to comply with notification standards, deportment standards, or other standards and requirements set forth by either the BIN Network terms and/or Shipper’s Carrier Agreement and/or Shipper’s IHD Network terms.)

F. Leveraging the completion, and/or threatened non-completion, of currently booked shipments as a negotiation tool.

G. Violation of the uShip eBOL Policy, as indicated in section 3.3.      (Documentation Required) herein.

H. Overall low quality of Carrier performance.

4.2.2. If, for whatever reason, the Shipper and the uShip Customer Success team do not align on Network Removal of a Carrier, uShip’s Customer Success team will document the misalignment in the event that Network Removal becomes necessary.  uShip reserves the right to make the ultimate decision to remove any Carrier it deems as too risky to allow additional bookings of either BIN Network Shipments and/or IHD Network Shipments.

4.3. Account Holds

Account Holds are when a Carrier’s uShip account is frozen. They are able to login and view their currently booked items, but they’re prevented from taking any site action including withdrawing payment, asking listing questions, etc.

At the determination of uShip, a Carrier may be subject to an Account Hold if a Carrier has gone unresponsive to any outreach or escalated negative feedback within 72 business hours. The Carrier will still be able to view their currently booked shipments, but they will not be able to navigate the platform or book any additional uShip shipments.

In the event of an urgent matter, calls and emails will be attempted prior to an Account Hold. Call and email attempts will continue even after an Account Hold has been put in place in an effort to resolve the open issue(s). In the majority of cases, an Account Hold will produce a response from the Carrier.

If repeated failures to respond occur amidst attempts to resolve an issue, an Account Hold may be triggered as soon as 24 business hours.

4.4. Carrier Penalties

Carrier Penalties shall be imposed by uShip on the Carrier should the Carrier violate any of the above referenced terms, expectations, or guidelines. 

4.4.1. Carrier Penalty Tiers by Violation Type:

A. Failure to Communicate Resulting in Refund to Customer:  $100 or 10% of shipping cost, whichever is greater.  Communication that fails to meet Section 3.1 (Communication and Presentation) (A)-(D) and results in a refund to the customer.

• • (Ex: Carrier does not contact delivery-customer in advance of arrival, leading to a customer complaint and partial refund of shipping costs from the Shipper. The Carrier would be penalized $100.)

B. Excessive Delays Resulting in Refund to Customer:  50% of shipping cost per item delayed.

• • (Ex: Due to Carrier issues, an item is delivered 7 weeks after the date it was booked. This leads to the customer complaining and the Shipper issuing a refund. The Carrier would be penalized 50% of the amount due to them for this shipment.)

C. Lack of Appropriate Staffing or (IHD only) Room-of-Choice Placement Resulting in Refund: 25% of shipping cost. Exception for Shipper-approved arrangements made in advance. 

• • (Ex: Carrier requests in advance, and Shipper approves, to leave items in a garage due to the customer not being available.  No penalty assessed under this type of exception.
  • (Ex: Carrier arrives solo to deliver an item needing 2 people to appropriately handle, customer assists with placement. A refund is issued to the customer as a result. The Carrier is penalized 25% of their amount due for the shipment.)

D. Damages Resulting in Repair:  Forfeiture of shipping costs, up to cost of repair, not to exceed 50% of shipping cost.

• • (Ex: Carrier causes $300 worth of damage during a shipment that costs $500. Carrier would be penalized $250.)

E. Damages Resulting in Loss of Item or Sale:  Full forfeiture of shipping costs.

4.4.2. Carrier Penalty Process.  Any Carrier penalty imposed shall follow the below-described process. 

Notice period shall be in addition to, and begin after, the day of notice.

A. Notice of Penalty. Carrier will be notified in writing of:

• • Description of the violation.
  • What is needed to remedy the violation.
  • How long the Carrier has to remedy the violation.
  • What the penalty for failure to remedy the violation will be.
  • When the penalty will be debited if no action is taken.

B. Period to Remedy. Carrier will have 5 days to remedy any issue which would result in a penalty.  Carrier must notify uShip of its intent to remedy within the 5-day Period to Remedy. If additional time is needed to remedy, the Carrier must provide additional documentation and evidence.

C. Penalty Effective Date.  On the 6th day after the Notice of Penalty is sent, if the Carrier has failed to remedy, the penalty is noted on the account and becomes effective.  The scheduled debit date of penalty funds will also be reflected on the account at this time and will occur within an additional 5 days from the Penalty Effective date.

D. Period to Appeal.  Carrier will have 5 days after the Penalty Effective Date to file an appeal in writing.  They must provide additional proof as to why they are not subject to a penalty and provide a satisfactory explanation on why they failed to remedy the issue during the Period to Remedy.

E. Penalty Debit.  On the 12th day after Notice of Penalty, the penalty funds will be debited from the Carrier account if the Carrier has failed to remedy the issue during the Period to Cure or the Period to Appeal.  Once the debit of the penalty funds has occurred, a penalty cannot be reversed.  All decisions are final.

5. Accessorial Fees and Payment Dispute Guide

When a shipment transaction is misrepresented (intentionally or otherwise) by the Shipper or the Shipper’s customer, a Carrier will request additional compensation to cover the difference between the actual cost and what was originally included in the listing quote. When this happens, uShip will open communication between the Shipper and the Carrier to provide a channel for discussion and review of the evidence that proves whether the shipment was actually misrepresented. In the event of shipment misrepresentation, the following is a list, although not exhaustive, of required accessorial fees allocated to the Shipper for Carrier payout.

5.1.  Shipper Commitment

If a Shipper does not agree to the terms of this Agreement, it may lead to Carriers not being held to the Carrier penalties outlined herein.  Shippers who do not adhere to the terms and conditions of the BIN and/or IHD Program, as applicable, including timely payment of any related fees, as laid out in this Agreement, may be removed from said program or be limited in Carrier services.

5.2. Carrier Commitment

Unless the Shipper and the Carrier have a separate written agreement, Carriers must agree that the fees paid by the Shipper, as outlined herein, are sufficient and not subject to additional costs.

5.3. Accessorial Fees.

A. Cancellation due to missing/incorrect listing information: $50.

B. COI: Costs shown on receipt.

• • Carrier required to submit a COI processing invoice in order to receive payment.

C. Dry run at delivery: $100 Redelivery Fee + Associated transfer costs, + (IHD only) Associated storage costs.

• • If a Carrier makes an appointment for delivery, and the item isn’t ready to go, or the customer can’t accept delivery, an accessorial fee may be charged. We will require documentation that proves an appointment was made (text, email).

D. Dry run at pickup: $100 + remote location surcharge (If applicable. Remote location determined by uShip pricing algorithm).

• • If a Carrier makes an appointment for pickup, and the item isn’t ready to go, or the customer can’t accept delivery, an accessorial fee may be charged. We will require documentation that proves an appointment was made (text, email).
    • Remote Zones + Surcharges:
      • 25 - 50 miles      =    $50
      • 51 - 100 miles    =    $75
      • 101 - 150 miles  =    $100
      • 151+ miles         =    $150

E. Storage in Carrier owned warehouse or truck: (IHD only) $100 FLAT FEE if stored for 2 weeks or less, $200 FLAT FEE if stored for greater than 2 weeks.

• • Must be because the customer couldn’t accept delivery at the scheduled time. If due to normal operations or Carrier delays, no compensation is offered.

F. Storage at independent facility: (IHD only) Cost of storage shown on receipt.

• • Must get Client’s approval before putting item(s) in storage. Receipt required for compensation. Must be because the customer couldn’t accept delivery at the scheduled time. If due to normal operations or Carrier delays, no compensation is offered.

G. Item Addition: Difference in quoted algorithm price for additional item.

H. Ferry costs required for any pick-up and/or Delivery: (IHD only) $200 FLAT FEE for Carrier time + cost of ferry shown on receipt.

• • Flat fee to be implemented if the ferry is not disclosed at the time of booking. Carrier required to submit a ferry crossing invoice in order to receive payment.

I. Misrepresentations of the following: (IHD only)

• • Number of flights of stairs – Misrepresentations in the number of flights of stairs resulting in additional flights of stairs: $50/per additional flight(s) of stairs, not to exceed $200 FLAT FEE.
    • With or without prior notice, the charge is applicable if placement other than to either ground/first or second floor delivery.
  • Overweight items – misrepresentations in the weight of an item that result in needing to hire extra labor: $100 additional FLAT FEE.
    • If overweight compared to information included in the listing at the time of booking, as noted in the signed BOL.
  • Oversized items – misrepresentations in the size of an item that result in needing to hire extra labor: $100 additional FLAT FEE.  
    • If the dimensions are oversized compared to information included in the listing at the time of booking, as noted in the signed BOL.
• Change of address: Difference in cost upon re-quoting the shipment.

5.4. Payment Dispute Scenarios

A. Shipment Transfer

• • Due to Carrier operational issues: Original shipment reduced to $75 FLAT FEE (Reroute fee).  Payment code for the second leg should be quoted out from the new pickup point.

• • Due to customer unavailability: Payment code amount on original shipment will be reduced to % of distance traveled + $100 FLAT FEE (Reroute fee).  The payment code for the second leg should be quoted out from the new pickup point.

B. Item Reduction: Carrier to receive full payment code amount (of the original listing).

6. Notice

Any legal notice to be given or served under or arising out of this Agreement, shall be in writing and sent to the email address or delivered to the postal mailing address set forth by a Party pursuant to this Section 6 (Notice).

Notice by email, if properly addressed as indicated in this Section 6 (Notice), will be deemed given one (1) Business Day following the date sent (as recorded on the device from which the sender sent the email), unless the sender receives an automated message within one (1) hour of the time of sending, as shown on the "sent" email, that the email has not been delivered.  In the case of notices sent by email, notice must be in Portable Document Format (.pdf) and appended as an attachment to the email; and include the words "THIS IS A NOTICE UNDER SECTION 6 (NOTICE) OF THE USHIP SERVICE TSP AGREEMENT" in the subject field of the email.

Notice by postal mailing address, if properly addressed as indicated in this Section 6 (Notice), will be deemed given in the case of: delivery by hand, on delivery; overnight delivery, return receipt requested, will be deemed given by the earlier of actual receipt or three (3) business days after the date sent; prepaid express post, return receipt requested, sent to an address in the same country, on the fifth (5) day after the date of posting; prepaid express post, return receipt requested, sent to an address in another country, on the seventh (7) day after the date of posting.

If legal notice to uShip:

• Mail to: Attn: Legal Department, PO Box 969, Austin, Texas 78767
• Email to: legal@uship.com

If legal notice to the Acknowledging Party:

• Mail to: postal mailing address set forth in the signature section of the Acknowledgment Form to this Agreement, or to such other address, or to the attention of such party, as the Acknowledging party has specified by prior written notice.
• Email to: email address set forth in the signature section of the Acknowledgment Form to this Agreement, or to such other address, or to the attention of such party, as the Acknowledging party has specified by prior written notice.

7. Modification

If uShip makes changes to the terms and conditions of this NSA, we will notify you of such changes, through email and/or by posting the modified NSA on the uShip website and by updating the “Last Revised Date” at the bottom of this NSA.  All modified terms and conditions shall take effect immediately after posting to the uShip website, or upon the stated date included within our notice. Your continued participation in either the uShip BIN Program and/or the uShip IHD Program following the effective date of such changes will constitute your acceptance and consent to any and all modified terms.  This NSA may not be modified, amended, and/or changed by You in any manner.  However, at any time, upon thirty (30) days' written notice to uShip, You may terminate your consent to this Agreement and your participation in the uShip BIN and/or the uShip IHD Program.  Notwithstanding, You agree that we may modify this NSA or discontinue our Services at any time and without notice and without any liability or responsibility to You.

 

Last modified on 04/16/2024