Ship Watchers' Terms and Conditions

MyShipWatcher is an online information service (the 'Service') of Ship Watchers. ('SW'). By using the Service, the user ('User' or 'you') agrees to abide by these Terms and Conditions and any changes made thereto.

The User is responsible for complying with these Terms and Conditions. Any violation of these Terms and Conditions may jeopardize future access to the Service, and upon any such violation, the User's account may be subject to immediate suspension or termination. The User acknowledges and agrees that any and all sales made through the Service are final.

Copyright And Limitations On Use

  1. Access to the Service is for the User ONLY and may not be shared. The User is responsible for the confidentiality and use of the User's username and password. The User's responsibility extends to all activity and use under the username and password. By using the Service, you agree not to copy, reproduce, retransmit, photocopy, distribute, disseminate, sell, publish, broadcast, circulate, create derivative works of or store the information received through the Service, in whole or in part, without the express prior written consent of Ship Watchers (MyShipWatcher).
  2. The User agrees to provide complete and accurate account information. It is the sole responsibility of the User to report any changes to the Ship Watchers (MyShipWatcher) Customer Service department immediately. Further, if it is determined that the information provided is inaccurate or incomplete, Ship Watchers (MyShipWatcher) reserves the right to suspend or terminate the account and/or the User's access until the necessary information is provided by the User.
  3. The information available through the Service is the property of Ship Watchers (MyShipWatcher) and is protected by copyright and other intellectual property laws. Information received through the Service is for the User's use only, and may not be copied or distributed except as permitted in Section 1
  4. Users may not post any information from the Service to newsgroups, mail lists, electronic bulletin boards, or any other public forum without the prior written consent of Ship Watchers (MyShipWatcher).
  5. Ship Watchers (MyShipWatcher) reserves the right to monitor the User's use of the Service to ensure the User's compliance with these Terms and Conditions. If it is determined that the User is not in compliance with these Terms and Conditions, Ship Watchers (MyShipWatcher) reserves the right to take such action as it deems necessary, including, but not limited to, suspension or termination of the User's account. The User acknowledges that such monitoring of use may include determining whether or not the Service is accessed under the account from multiple IP addresses, as well as noting excessive use of Subscription accounts.
  6. The Service includes company and product information related to public and private technology firms. Ship Watchers (MyShipWatcher) does not guarantee the accuracy, completeness, or timeliness of this information, nor does Ship Watchers (MyShipWatcher) give investment advice, advocate the purchase or sale of any security or investment, endorse or guarantee the quality of goods and services provided by the companies covered, or otherwise comment upon the companies and products mentioned in the Service.

Disclaimer Of Warranties And Liability

  1. Due to the number of sources from which information on the Service is obtained, and the inherent hazards of electronic distribution, there may be delays, omissions, or inaccuracies in such information and the Service, and Ship Watchers (MyShipWatcher) shall have no liability for any such delays, omissions, or inaccuracies. Your sole and exclusive remedy for dissatisfaction with the Service is to stop using the Service.
  2. Ship Watchers (MyShipWatcher) CANNOT AND DOES NOT WARRANT THE ACCURACY, COMPLETENESS, CURRENTNESS, NONINFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE OF THE INFORMATION AVAILABLE THROUGH THE SERVICE, WHICH IS PROVIDED TO THE USER "AS IS" OR OF THE SERVICE ITSELF. NEITHER Ship Watchers (MyShipWatcher) NOR ANY OF ITS AFFILIATES, AGENTS, OR LICENSORS SHALL BE LIABLE TO THE USER OR ANY OTHER PARTY FOR ANY LOSS OR INJURY CAUSED IN WHOLE OR IN PART BY Ship Watchers (MyShipWatcher) OR CONTINGENCIES BEYOND ITS CONTROL IN PROCURING, COMPILING, INTERPRETING, REPORTING, OR DELIVERING THE SERVICE AND ANY INFORMATION THROUGH THE SERVICE. IN NO EVENT WILL Ship Watchers (MyShipWatcher), ITS AFFILIATES, AGENTS, OR LICENSORS BE LIABLE TO THE USER OR ANY OTHER PARTY FOR ANY DECISION MADE OR ACTION TAKEN BY THE USER IN RELIANCE ON SUCH INFORMATION, OR FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL (INCLUDING LOST PROFITS), SPECIAL OR PUNITIVE DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

THE USER AGREES THAT THE LIABILITY OF Ship Watchers (MyShipWatcher), ITS AFFILIATES, AGENTS, AND LICENSORS, IF ANY, ARISING OUT OF ANY KIND OF LEGAL CLAIM (WHETHER IN CONTRACT, TORT, OR OTHERWISE), IN ANY WAY CONNECTED WITH THE SERVICE OR THE INFORMATION IN THE SERVICE, SHALL NOT EXCEED THE AMOUNT THE USER PAID TO Ship Watchers (MyShipWatcher) FOR USE OF THE SERVICE.

Login

All users that "Login" on the www.shipwatchers.com or www.myshipwatcher.com agree to starting the Ship Watchers auditing solution.  Users agree to payment of services started and rendered by Ship Watchers once the "Login" is completed.

Privacy Policy

Ship Watchers (MyShipWatcher) is committed to protecting your privacy. Information that Ship Watchers (MyShipWatcher) collects stays within Ship Watchers (MyShipWatcher) and any information distributed to third parties is reported in aggregate only. Ship Watchers (MyShipWatcher) does not otherwise give or sell your information.

Ship Watchers (MyShipWatcher) SOLUTION AGREEMENT

PLEASE READ THIS INFORMATION CAREFULLY. IF YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MUST ACKNOWLEDGE YOUR AGREEMENT BELOW ON BEHALF OF YOURSELF AND THE ENTITY, IF ANY, WITH WHOM YOU ARE EMPLOYED OR REPRESENT. ONCE ACKNOWLEDGED, THIS DOCUMENT WILL CONSTITUTE A LEGAL AGREEMENT BETWEEN Ship Watchers (MyShipWatcher) ("Service Provider") AND YOU AND SUCH ENTITY (collectively referred to as "Client" hereinafter). PLEASE PRINT OUT A COPY OF THIS SERVICE AGREEMENT AND RETAIN IT WITH YOUR FILES FOR FUTURE REFERENCE.

The parties agree as follows:

1. Service Provider agrees to provide the following services to Client: (i) Tracking and refund service, which determines if Clients shipments arrive on time according to the carriers "money back guarantee policy", and then submits refund requests for all shipments that did not arrive on time. (ii) Invoice summary reporting, which provides Client with Invoice data in an Excel Spreadsheet Format or ASP.

2. Data Privacy Clause. Client hereby grants to Service Provider, during the term of this Agreement, the non-exclusive right to view invoice and tracking data made available to Service Provider through www.FedEx.com , www.Airborne.com, www.DHL.com, www.UPS.com, FedEx Ship Manage/Power Ship and any other software or documentation client uses for tracking or billing purposes. Service Provider agrees to use the data solely for the purpose of tracking and determining if shipments are eligible for refund. Service Provider may not index, present, publish and otherwise disseminate the Data in any format whatsoever.

3. No ownership rights are transferred by this Agreement. Each party retains sole and exclusive rights to all of its intellectual property. Ship Watchers (MyShipWatcher) remains the sole and exclusive owner of all software used for Tracking and Refund Requests.

4. Fees and Payment Schedule. Service Provider will charge a set percentage rate of the total shipping charges received as a refund by Client. Refunds do not include cost of goods or monies received from carrier insurance claims by Client. Invoices will be payable on receipt and issued on a monthly invoice cycle.

5. Term. The term of this Agreement shall be for one year from the Effective Date of this Agreement unless terminated earlier in accordance with Section 6 and shall automatically renew for additional one (1) year periods.

6. Termination. Either party may terminate this Agreement upon thirty (30) days prior written notice to the other party. In addition, if either party should materially breach this Agreement, the non-breaching party may give the breaching party written notice of the breach and fifteen (15) days in which to cure. If the breaching party fails to cure the breach within such fifteen (15) day period, this Agreement shall automatically terminate on the expiration of the fifteen (15) day notice period. Upon termination of this Agreement (i) Client shall immediately cease using the service, (ii) Client shall pay to Ship Watchers (MyShipWatcher) all Fees which have accrued prior to termination and are owed to Ship Watchers (MyShipWatcher).

7. Limited Liability. Ship Watchers (MyShipWatcher) shall not be liable for any delay of performance under this Agreement or any damages suffered by Client as a result of such delay, when such delay is directly or indirectly caused by or results from any act of God or other intervening external cause, accident, governmental laws or regulations, labor disputes, civil disorder, transportation delays, failure caused by telecommunications or internet providers, or any other cause beyond the reasonable control of Ship Watchers (MyShipWatcher). Accuracy and completeness of the Data is provided by Ship Watchers (MyShipWatcher) on a best efforts basis as received from FedEx, DHL, and/or Airborne.

Ship Watchers (MyShipWatcher) shall not have liability attributable to the negligence of non-Ship Watchers (MyShipWatcher) personnel, inaccuracy in data represented by third parties.

Trademarks and/or Service Marks

This online information service, including the design and presentation employed, is protected by applicable trademark and copyright laws and is the property of Ship Watchers (MyShipWatcher). All rights are reserved.

Nothing contained within this Agreement or Ship Watchers (MyShipWatcher) should be construed as granting any license or right to use any trademark or service mark displayed at Ship Watchers (MyShipWatcher) without the express written permission of Ship Watchers (MyShipWatcher), or such third party that may own the trademark or service mark.

SW Umbrella Network, Ship Watchers (MyShipWatcher), the SW Umbrella Network Logo and/or other products and service names referenced on the Service are either trademarks or service marks or registered trademarks or service marks of Ship Watchers (MyShipWatcher) or SW Umbrella Network or its subsidiaries in the United States or other countries. Other products and services mentioned on the Service may be trademarks and/or service marks or their respective owners.

Antihacking

You may not, nor may you allow others to, directly or indirectly, attempt or actually disrupt, impair or interfere with, alter or modify the Service. You may not, nor may you allow others to, directly, or indirectly, collect or attempt to collect any information about others, including passwords, account or other information.

Fee Structure and Savings Costs

Ship Watchers charges a percentage of adjustments and or service failure refunds for the auditing solution.  The fee is produced to this client and the beginning of use.  This fee may change with a 90 day notification from Ship Watchers depending on shipping volume and service changes by the client.

All ranges are based on volume and service levels of the account.  Please contact Ship Watchers billing for the fee criteria if you have a question on any Statement of Account.  They are able to provide you with the fee structure information.

All fee percentages are listed within your profile area of the account.

Savings shown online and within the Statement of Account are based on the actual refunds and credits to the account while adding in the cost of employee cost (determined by the average given by the Federal Government).  The employee costs can include payroll, benefits, retirement and more overall costs.  Your Statement of Account will show a break down of these areas with the actual adjustment detail and the overall savings.

Payments

Payments can made within the portal and outside the portal at: http://shipwatchers.com/payment.  All credit card or check payments may be subject to a payment vendor fee and applied to the next billing statement.  However setting up “Auto Bill Payment” within you’re My Account page can be completed with no fees.

Optional Check Payments Can Be Made To:

Ship Watchers
Billing Department
18 King Charles Drive
Londonderry, New Hampshire 03053 

Auto Bill Payment

When you set up the “Auto Bill Payment”, Ship Watchers will draft a check on your checking account for the amount due on the Statement of Account.  You agree that Ship Watchers may draft a check with “no signature required” on behalf of your company to pay the statement in full.  You also agree to cancel this service with written notice either via email or mail to our processing center. There is no free for this service, however a fee of $35 may be charged for returned checks.

Payments will automatically processed for overdue statements and future statements will be processed within 5 business days of the due date located on the Statement of Account.

Authorization to Convert Your Checks or Shipping Carrier Checks: If you or any shipping carrier sends us a paper check to satisfy a debt or credit, your check will be converted into an electronic check via our internal processing. “e-check” is the term used to refer to the process in which we electronically debt your or the carriers financial institution funds from the account on the check to our account, rather than processing your paper check. By sending the completed, signed check to us with our address location on the check, you authorize us to copy your check, modify only the contact information (no amounts or monies will be modified at any time under penalty of the law) and to use the account information from the check to make an e-check from your account for the same amount as the check. If the e-check cannot be processed for technical reasons, you authorize us to process the copy of your check.  You authorize only checks from shipping carriers where Ship Watchers is the C/O address location and is made out in your client name to be adopted under this authorization as well. 

Insufficient Funds: The e-check from the account will usually occur within 24 hours, which is faster than a check is normally processed. Therefore, make sure there are sufficient funds available in the checking account when a check is sent to us. If the electronic fund transfer cannot be completed because of insufficient funds, we may try to make the e-check up to two times.

Transaction Information: The e-check from the account will be on the account statement received from the financial institution. However, the e-check may be in a different place on the statement than the place where checks normally appear. For example, it may appear under “other withdrawals” or “other transactions.” You may not receive your original check back from your financial institution. For security reasons, we will destroy your original check, but we will keep an electronic copy of the check for record keeping purposes.

Your Rights: You should contact your financial institution immediately if you believe that the e-check reported on your account statement was not properly authorized or is otherwise incorrect. Consumers have protections under a Federal law.

General

Ship Watchers (MyShipWatcher) may discontinue or change the Service, or its availability, at any time without notice. A User's rights and obligations under this Agreement are not assignable. This Agreement shall be governed by the laws of the United States of America and the Commonwealth of New Hampshire governing contracts wholly entered into and wholly performed within New Hampshire, and is subject to the exclusive jurisdiction of the courts in the Commonwealth of New Hampshire. Ship Watchers (MyShipWatcher) shall not be responsible for delays or performance failures caused by actions or events beyond its reasonable control. If any provision of this Agreement is deemed illegal or unenforceable, all other provisions shall remain in full force and effect.

The Ship Watchers (MyShipWatcher) Developers reserves the right to amend the Terms of Service that govern use of the Client Plan Services and the Ship Watchers (MyShipWatcher) website at any time by (a) posting a revised version of the Terms of Service on the Ship Watchers (MyShipWatcher) website , or by (b) sending information regarding any amendment to the Terms of Service to the email address Client provides to the Ship Watchers (MyShipWatcher) Developers. Client is responsible for regularly reviewing the Ship Watchers (MyShipWatcher) website to be notified of any amendments to the Terms of Service. Client’s continued use of the Client Plan Services after such amended Terms of Service have been posted or information regarding such amended Terms of Service has been sent to Client shall be deemed acceptance by Client of the amended Terms of Service.

Personal information provided on the Network. registration form may be deleted if the user does not access Ship Watchers (MyShipWatcher). for 3 months.

Accounts agree to a 7.49% late charge on unpaid balances. Payments cycles are located within your portal or on your paper statement.  You agree to pay your billing with a 30 day window from the statement generated date.  

Returned checks are subject to a $35 fee per check returned.

Last updated January 2012.  See: www.shipwatchers.com for additional terms that apply.