We’ll start with the basics, including a few definitions that should help you understand this agreement. The Service is a service offered by Pitney Bowes Limited (“we”, “us” and “our”) that allows you to manage addresses, print labels and postage and track your shipments so that you can send letters, packages and parcels through Royal Mail Group Ltd, Company No. 4138203, including under its trading name Parcelforce Worldwide (”Royal Mail”). This web site (the “Site”) is owned and operated by us.
These Terms define the terms and conditions under which you’re allowed to use the Service and how we’ll treat your account while you’re utilizing the Service. If you have any questions about our terms, feel free to contact us.
ACCOUNT – USE OF SERVICE - CHANGES
In order to use the Service, you must: (a) complete the registration process; (b) agree to these Terms by clicking “I Accept”; and (c) provide true, complete and up to date contact information for so long as you access the Service. You agree that you won’t use the Service in a way that violates any laws or regulations, including any relating to data protection and privacy. We may refuse service or close your account if you fail to comply with these Terms.
2. Use of the Service
Upon the payment of fees, and for so long as you comply with these Terms, we grant you a non-exclusive, non-transferable licence to access and use the Service for up to the number of users purchased by you for the Term (which is defined in Section 3 below). You may upgrade your plan for additional fees. We reserve all rights to the Service not expressly granted to you in these Terms. Your access to and use of the Site may be interrupted from time to time for various reasons, including malfunction of equipment, periodic updating, maintenance or repair of the Site, or other actions that we may elect to take. You will only use the Service for business or commercial purposes and not for personal, family or household purposes. You will not use the Service to send infringing, obscene, threatening or unlawful or tortious material or disrupt other users of the Service. Disruptions include denial of service attempts, propagation of computer worms and viruses, or use of the Service to make unauthorized entry to any other device accessible via the Service. In addition, you will not reverse engineer, decompile or disassemble the Service. The occurrence of any of the foregoing will be deemed a material breach and we may immediately terminate your use of the Service.
3. Term and Termination
The Term begins when you sign up for the Service and continues until your account is closed or terminated. You or we may terminate your account at any time and for any reason by giving notice to the other and we may suspend the Service to you at any time, with or without cause. Once terminated, we may permanently delete your account and all the data associated with it.
We may change the Service and any features of the Service from time to time. In addition, we may change any of these Terms and the fees charged for using the Service by posting revised Terms and/or fees on the Site and/or by sending an email to the last email address you gave to us. The new Terms will be effective on the day on which your next subscription payment is due and will apply thereafter. If you do not wish to agree to the new Terms or the new fees, you must stop using the Service immediately.
5. Account and Password
By registering for the Service, you will be prompted to establish certain passwords and/or provide other access information to enable you to use the Service. The account name, password and/or access information is confidential information and should be used solely by you to access your account and use the Service. You’re responsible for keeping your account name, password and access information confidential. You’ll take all reasonable steps to prevent unauthorized access to your account and you’ll immediately notify us of any unauthorized use of your accounts. We are not responsible for any losses due to stolen or hacked passwords.
6. Account Disputes
We don’t arbitrate disputes over who owns an account. You won't request access to or information about an account that's not yours. We decide who owns an account based on the information that has been provided to us with respect to the account, and if multiple people or entities are identified, then we will rely on the contact information listed for that account.
LEASE OF HARDWARE
As part of your subscription, Pitney Bowes Finance Limited will lease to you equipment consisting of a scale and a label printer (the “Equipment”). The Equipment is provided “as is” without warranties or conditions of any kind, either express or implied, including any warranty of satisfactory quality, 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 (“Delivery”). We and Pitney Bowes Finance Limited are not liable for any loss, damage 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.
8. Term of Lease
You are leasing the Equipment for 2 years (the “Lease Term”).
You may from time to time request that we agree to the termination of the lease during the Lease Term. Should you wish to terminate, we will provide you with a written quotation setting forth the basis on which any agreed termination shall take place, which shall take into account all lease payments up to the date of the quotation. Such quotation shall remain valid unless and until you request a further quotation.
When the lease is for any reason is terminated during the Lease Term, you must pay to us all amounts already due to us plus all lease payments which would have been payable by you, less a discount at the rate of 3% per annum from the date each payment would have fallen due to the termination date.
Your lease will continue into a renewal period after the end of the Lease Term at the same quarterly frequency unless at least one month’s prior written notice is given by either party to the other expiring no earlier than the last day of the Lease Term.
10. Servicing of Hardware
If the Equipment ceases to function properly during the Term of the lease, we will 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 will not 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.
11. Fees; Payment Terms; Trial Period
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 or other taxes, which will be invoiced separately by us; and (ii) the postage, shipping or other charges imposed by Royal Mail for printing postage or labels and sending letters or parcels through Royal Mail. Your subscription for the use of the Service will be billed monthly, with the first subscription payment due at the time of registration. Payments for the lease of the Equipment will be billed quarterly in advance and the first payment is due at the date of dispatch of the equipment to you. Subsequent subscription and lease Equipment payments are due on the due date specified in the invoice for the payment or any applicable direct debit schedule.
If you terminate under Section 3 above, your access to the Service will continue through the period for which you have paid in advance. If we terminate your account, then we will continue to provide the Service to you through the period for which you have paid in advance, unless you have failed to comply with these Terms, in which case your access will be immediately revoked. You won’t be entitled to a refund from us under any circumstances.
If your subscription includes a free trial period and if you do not wish to continue your subscription past the trial period, you must cancel your subscription before the last day of the trial period to avoid being billed for the first month of the subscription once the trial period has expired. Any free trial does not include the lease of Equipment. Cancellation of an Equipment lease is subject to Section 8 above.
For lease payments, we will charge you fees at the prevailing rate (which we will notify to you from time to time) for: (i) any cheque or Direct Debit that fails to clear your bank account (this is currently £25); and (ii) late lease payment interest calculated on the invoices outstanding at a rate of 2% per month and we will also charge you a late payment administration fee of £20 for each reminder we send you.
12. Default and Remedies
In the event you fail to comply with these Terms and such failure continues for 30 days after we give you notice of such failure, we may: (i) terminate these Terms, the lease of the Equipment and your account; (ii) require immediate payment of all amounts payable under these Terms during the Term, including the fees provided for in Section 11 above and all amounts payable for the lease of the Equipment during the Lease Term; and (iii) exercise any rights and pursue any remedies provided by law. This is in addition to our right to immediately terminate your access to the Service in accordance with Section 14.
13. Purchase Power
You will need to establish and maintain a Purchase Power® account with us and have available credit under the Purchase Power account. All charges by Royal Mail for postage or for the sending of parcels through the Service (such charges are called “Shipping Charges”) and all fees for the use of the Service will be charged to your Purchase Power account. In the event that (i) you do not maintain a Purchase Power account with us; or (ii) you do not have available credit under a Purchase Power account you will not be able to use the Service.
FRANKING LICENCE AND ROYAL MAIL TERMS
“Licence” means a licence issued by Royal Mail allowing Users to use Franking Equipment, as these terms are defined in the Royal Mail Scheme for Franking Letters and Parcels 2014, as may change from time to time (the “Franking Scheme”).
You can only use the Service if and as long as you have a valid Licence. If you breach any of the terms of your Licence, or Royal Mail revokes your Licence, your access to the Service shall be immediately terminated without refund of any fees and without prejudice to any other rights we or Royal Mail may have against you. You will be liable to us for any liability we incur because of your breaches of this Section or of your Licence.
15. Royal Mail’s Terms
These Terms are in addition to any other applicable terms and conditions that govern the services you acquire from Royal Mail, including without limitation the Franking Scheme, any other scheme made under section 89 of the Postal Services Act 2000 (as amended) and, where applicable, Parcelforce Worldwide’s Conditions of Carriage (together the “Postal Services Terms”).
The Postal Services Terms are available via www.royalmail.com/customer-service/terms-and-conditions and www.parcelforce.com/conditions-of-carriage.
Without limitation to the above, when placing orders at the Site you should make sure that you enter the correct parcel’s dimensions and weight and that you comply with any requirements under the Postal Services Terms relating to prohibited goods and restricted goods. Further information about these requirements can be found at Royal Mail’s and Parcelforce Worldwide’s websites.
Royal Mail are not liable to you for the use of, or inability to use, the Service or the Site, including without limitation for any losses due to stolen or hacked passwords. Royal Mail’s only liability to you in relation to the services you acquire from Royal Mail through the Service will be as set out in the applicable Postal Services Terms including, without limitation, any entitlement or otherwise you may have to compensation for lost, damaged or delayed items. In case of conflict between these Terms (insofar as they apply between you and Royal Mail) and the Postal Services Terms, the Postal Services Terms shall prevail.
Pitney Bowes, the Pitney Bowes logo, and associated brand names and domain names are our trademarks in the United Kingdom and/or other countries. All marks not owned by us are the property of their respective owners.
Royal Mail, names of Royal Mail services featured on the Site, the Royal Mail cruciform, Parcelforce Worldwide and the Parcelforce Worldwide logo are registered trademarks of Royal Mail Group Limited or its related companies in the United Kingdom and other countries.
You may not use, and nothing contained on the Site or in these Terms grants any right to use, any trademark displayed on the Site without our written permission or the respective owner of such trademark.
17. Use of the Site
You agree that content on the Site is protected by copyrights, trademarks and other intellectual and proprietary rights; and these Terms and applicable copyright, trademark and other laws govern your use of content on the Site.
18. LIMITATION OF LIABILITY
To the maximum extent permitted by law, you assume full responsibility for any loss that results from your use of or inability to use the Service and we will not be liable for any such loss. If the waiver of liability in the previous sentence is not permitted by law, the total liability for all claims made relating to your use of or inability to use the Service in any month will be no more than what you paid us for the Service the month before.
We won’t be liable for any (i) loss or damage to profits, sales, business, goodwill or anticipated savings; or (ii) business interruption or lost data; or (iii) punitive, special, consequential, incidental or indirect damages, even if we have been advised of the possibility of such loss or damage.
Nothing in this Agreement shall exclude, limit or restrict our liability for: (i) death or personal injury resulting from our negligence; (ii) fraud or fraudulent misrepresentation; or (iii) any other cause of action which cannot be limited or excluded under applicable law.
You agree to indemnify and hold us harmless from and against any and all losses, costs and expenses (including attorneys’ fees) arising in any way from your use of the Service or related to any breach of these terms by you or any user authorized by you. We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you and, in such case, you agree to cooperate with us in making the defense.
The Service and the content on the Site are provided by us “as is” without warranties and conditions of any kind, either express or implied, including warranties or conditions of merchantability and fitness for a particular purpose, accuracy, reliability and non-infringement, and you waive all warranties from us to the maximum extent provided by law.
LINKS TO THIRD PARTY SITES
21. Third Party Sites
The Site and these Terms may contain links to third party websites, including links to the websites of Royal Mail (“Linked Sites”). The Linked Sites are not under our control and we are not responsible for the contents of any Linked Site, including any link contained in a Linked Site, or any changes or updates to a Linked Site. You should contact the site administrator or webmaster for those Linked Sites if you have any concerns regarding such links or the content located there.
This Section is in addition to our Privacy Statement as referenced above. You have a right to know how we will use your personal information. Personal data provided by you will be processed by us in compliance with UK Data Protection Legislation and may be transferred to other companies within the Pitney Bowes group, subcontractors, assignees, credit reference agencies and other persons who act on our behalf for the purposes of making credit decisions, fraud prevention, tracing of debtors, recovering of our property and providing other products and services to you. We may send you information about Pitney Bowes products and services which may be of interest to you. By agreeing to these Terms, you expressly consent and agree to such transfers, including those made to countries outside the European Economic Area (EEA), including but not limited to the United States for the purpose of these Terms, which provide lesser protection than the laws of the European Union. We remain responsible for data security. You are entitled to exercise the rights of access.
You may not assign any of your rights under these Terms to anyone else. We may assign our rights to any other individual or entity at our discretion.
24. Choice of Law
These Terms will be governed by the laws of England and you and we submit to the exclusive jurisdiction of the English courts.
If any provision of this Agreement, or portion thereof, is held to be invalid, illegal or unenforceable by a court of competent jurisdiction, such provision will be severed and the remaining provisions of this Agreement will remain in full force and effect.
26. Force Majeure
We won’t be liable for any delays or failure in performance of any part of the Service from any cause beyond our control. This includes acts of God, changes to law or regulations, embargoes, war, terrorist acts, riots, strikes, power blackouts, and acts of hackers or third-party internet service providers.
27. Amendments and Waiver
Changes to these Terms won’t be effective until we post revised Terms on the Site. If we don’t immediately take action on a violation of these Terms, we’re not giving up any rights under these Terms, and we may still take action at a later point.
Except as provided in the next sentence: (i) any notice to you will be effective when we send it to the last email or physical address you gave us; and (ii) any notice to us will be effective when delivered to us at Pitney Bowes Limited. – SendPro Team, Building 5 Trident Place, Hatfield Business Park, Mosquito Way, AL10 9UJ. Any notice alleging a breach of these Terms will be in writing and will be sent by overnight courier or delivered in person to: (i) in the case of a notice to you, the physical address you gave us; and (ii) in the case of a notice to us, Attn. Company Secretary, Pitney Bowes Limited, Building 5 Trident Place, Hatfield Business Park, Mosquito Way, AL10 9UJ, or any addresses we may later post on the Site.
29. Entire Agreement
These Terms make up the entire agreement and supersede all prior agreements, representations, and understandings. This does not exclude any liability for fraudulent misrepresentation.