Sending Technology Solutions Terms
SendPro™ Online with Equipment Lease Product Terms
(Last modified April 1, 2020)
Use of the Service
In order to use the Service, you must complete the registration process. If you do not have a Canada Post account, the registration process will also include a registration with Canada Post. As part of your registration with Canada Post, you will be required to agree to Canada Post terms and conditions as applied to the Service. Subject to the Carrier Requirements listed below, you may permit your third-party contractors to access the Service solely on your behalf and for your benefit so long as the contractor agrees to fully comply with all terms and conditions applicable to the Service. You remain responsible for each contractor’s compliance with those terms and conditions and any breach of those terms. All rights granted to any contractor under these terms terminate immediately upon (i) conclusion of the services provided by the contractor to you that gives rise to such right or (ii) termination of your account or your use of the Services.
As part of your subscription, we’ll lease to you equipment consisting of a scale and a label printer (the “Equipment”). THE EQUIPMENT IS PROVIDED “AS IS” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR FREEDOM FROM INTERFERENCE OR INFRINGEMENT. YOU BEAR THE ENTIRE RISK OF LOSS TO THE EQUIPMENT FROM THE DATE OF SHIPMENT BY US TO YOU. WE ARE NOT LIABLE FOR ANY LOSS, DAMAGE (INCLUDING INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES) OR EXPENSE CAUSED DIRECTLY OR INDIRECTLY BY THE EQUIPMENT. ALL WARRANTIES, IF ANY, WITH RESPECT TO THE EQUIPMENT ARE MADE BY THE MANUFACTURER OF THE EQUIPMENT.
Term and Termination
You are leasing the Equipment for the following term (the “Lease Term”): (i) two years if you’re only leasing the Equipment; and (ii) the number of months stated on your Order if you’re leasing equipment in addition to the Equipment. Except for any termination by you under this section or under Section 4 (Changes) of the Agreement: (i) you may not cancel the lease for any reason; and (ii) all payment obligations under these terms and the Agreement are unconditional. At the end of the Lease Term, your use of the Service will convert to a month to month service. If we make changes to the Agreement that are materially adverse to you, you may terminate your account and the lease of the Equipment by giving notice to us of your election to terminate within thirty days after we gave you notice of any material changes.
Servicing of Hardware
If the Equipment ceases to function properly during the Lease Term, we’ll replace the Equipment by promptly shipping to you, at no additional cost, new, reconditioned or remanufactured equipment of the same or a functionally equivalent model; however, we won’t replace the Equipment if we determine that the failure of the Equipment resulted from your negligence or misuse of the Equipment or from an accident.
The fees for the use of the Service will be as agreed to at the time you register for the Service and will remain in effect during the Term. These fees do not include: (i) any applicable sales, use, property, excise or other taxes, which will be invoiced separately by us; and (ii) the shipping or other charges imposed by the carrier for printing labels and sending items through Canada Post or another carrier. Your subscription for the use of the Service together with the payments for the lease of the Equipment will be billed quarterly 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.
Default and Remedies
In the event you fail to comply with the Agreement or these terms and such failure continues for 30 days after we give you notice of such failure, we may: (i) terminate the Agreement, the lease of the Equipment and your account; (ii) require immediate payment of all amounts payable under the Agreement and these terms during the term of your use of the Services, including the fees provided for in the Fees section above and all amounts payable for the lease of the Equipment during the Lease Term; (iii) assess a late charge for each month that your payment is late; and (iv) exercise any rights and pursue any remedies provided by law.
Payment Through PitneyWorks
All charges by Canada Post for the sending of items through the Service (such charges are called “Shipping Charges”) and all fees for the use of the Service will be charged to your PitneyWorks account. All charges by any other carrier other than Canada Post for the sending of items through the Service will be billed directly by the carrier.
Canada Post Regulations
You are required to comply with Canada Post regulations applicable to your use of the Service. Canada Post may terminate your use of your Canada Post account if you violate Canada Post Regulations.
As part of the Service, Pitney Bowes partners with carriers that enable you to print shipping labels and these carriers are responsible for shipping your items. As part of your use of the Service, you must comply with the requirements of those carriers (“Carrier Requirements”). The terms governing the use of Canada Post services are available here. The terms governing the use of FedEx services are available here. The terms governing the use of UPS services are available here. In case of conflicts between the Carrier Requirements and these SendPro™ Online with Equipment Lease Product Terms, the Carrier Requirements shall prevail.