Payment Terms & Conditions
Shiphub Enterprise
Payment Terms & Conditions
Last updated: December 2, 2024
3PL Business Inc., a New Jersey corporation d/b/a SPL Group (“Shiphub”, “we” and “us” is the operator of the ordering and payment platform https://shiphub.io/ (“Platform”). The Platform is designed to provide access to users (“User(s)”, “you”) to place orders of shipments and process payments in relation to the orders placed (each, a “Shipment”) and to allow Shiphub and/or its third party carriers (“Third-Party Carriers”) to release your Shipment for delivery. This Platform and our Services (defined below) of the Platform are offered to you on the sole condition of your acceptance without modification of any and all the terms, conditions, and notices set forth below (collectively, the “Payment Terms”). By inputting your credit card information and placing a Shipment order and without limiting the terms and conditions contained in the Terms of Use (defined below), you acknowledge that you have read, understood, and agreed to be bound by the Payment Terms and represent that you have read and understood the same. You further acknowledge and agree to be bound by the terms and conditions, rules, policies and procedures of any Third-Party Carriers (“Third-Party Carrier Terms”) utilized for the Shipment. It is your responsibility to read, review and comply with such Carrier Terms, which are hereby incorporated by reference and form an integral part of these Payment Terms. If you do not wish to agree to any provision of the Payment Terms contained herein, the Third-Party Carrier Terms, the Terms of Use or the Privacy Policy (defined below), you must not access or use the Platform.
This Platform is offered and available to users who are eighteen (18) years or older. By using the Platform, you represent and warrant that you meet all of the foregoing eligibility requirements. If you do not meet these requirements, you must not access or use the Platform.
By consenting to the Payment Terms and placing the order for Shipment, you hereby reaffirm our terms of use contained in https://www.splgroup.com/terms-of-use/ (“Terms of Use”) and our privacy policy contained in https://www.splgroup.com/privacy-policy/(“Privacy Policy”). In the event of conflict between the Payment Terms and the Terms of Use, the Payment Terms shall govern in all respects unless in the event and to the extent that the terms of the Terms of Use explicitly state that they intend to modify the conflicting terms, then the Terms of Use shall supersede and control the Payment Terms.
The Payment Terms represent a legally binding agreement between you (and your client, employer or another entity if you are acting on their behalf) and Shiphub and its direct affiliates or subsidiaries, including the various different entities that Shiphub uses to operate locally in different countries.
- Acceptance of Payment Terms
1.1. If you are entering into these Payment Terms on behalf of a company, business or other legal entity, you represent that you have the authority to bind such entity and its affiliates to these Payment Terms, in which case the Payment Terms “you” or “your” shall refer to such entity and its affiliates. If you do not have such authority, or if you do not agree with these Payment Terms, you shall not accept the Payment Terms on behalf of such entity and you are not authorized to use this Platform or the Services.
1.2. In many cases, you may have already agreed to these Payment Terms while agreeing to the Terms of Use. In addition, you acknowledge and agree that we may change or otherwise modify the Payment Terms from time to time in our sole discretion. All changes are effective immediately upon posting to the Platform. You understand and agree that your continued access or use of this Platform following the posting of revised Payment Terms means that you accept and agree to those changes. Shiphub endeavors to provide you with notice of any meaningful changes to the Payment Terms either through email or notification within the Shiphub platform, but Shiphub’s failure to do so shall not excuse your obligation to comply with any such modified Payment Terms. You agree to review this page from time to time so that you are aware of any changes, as they are binding on you.
1.3. In the event that you commit any breach or violation of any terms and conditions under our Payment Terms, we shall be entitled to immediately terminate our Services, suspend your Account, and/or take other legal action available to us.
1.4. The usage of any services not provided by us directly (including, without limitation, warehousing services) requires you to enter into a separate legally binding service agreement with a third-party service provider. You acknowledge and agree that we do not assume any liability whatsoever for any acts, errors, or omissions (including, without limitation, any negligence or willful misconduct) of any third-party service providers with whom you or any of your affiliates may contract, regardless of the purpose.
- Description of Services
2.1. For the purpose of these Payment Terms, “Services” shall include the functionalities and features of the Platform that allow you to place Shipment orders, input your payment information and track your Shipment. Any new feature added to, or expanding the Services, is also subject to these Payment Terms.
2.2. In these Payment Terms, you will find a list of payment terms and refund policies for all Shipments that you may be charged pursuant to your authorization through these Payment Terms.
- Fees; Payment
3.1. Fees.
You can use Shiphub to generate shipping labels using your account (“Account”). If you generate a shipping label using your Account, you will be charged the shipping cost, which shall include all costs related to the Shipment, quoted by Shiphub, including, but not limited to, transportation cost, fuel surcharge, import tax, import duty, remote area surcharge, residential surcharges, courier tax handling fees, pick-up fees, and any other amount related to the activity of shipping through Shiphub (“Shipping Fees”). You acknowledge and agree that the Shipping Fees do not include any additional fees which may arise out of separate agreements with third-party service providers.
To generate shipping labels using your Account and create a Shipment, you must submit an approved method of payment to Shiphub.
3.2. Carrier Insurance.
You may purchase insurance coverage for your Shipments (“Carrier Insurance”) through the carrier partners of Shiphub (our “Carrier Partners”). All rules, terms and policies related to any Carrier Insurance policies offered through our Carrier Partners Platform shall be governed by the terms and conditions provided by the relevant Carrier Partner.
3.3. Additional Fees.
You may be subject to additional fees related to your purchase from us of any products or services, including, but not limited to, Taxes and Duties (as defined herein), Customs (as defined herein), Hazardous Materials (as defined herein) Shipping Fees Discrepancies (as defined herein), and/or any other additional charges that may arise in connection with your Shipment as may be determined by us and/or our Third-Party Carriers, which may be charged after payments have been made through the Authorized Payment Method.
Shipments may be subject to other additional fees, including, without limitation, prohibited item fees, destination surcharges, delivery reattempts, large package surcharge, address corrections, chargebacks, outside service area fees, and any other additional fees as determined by the Third-Party Carrier Terms, which may be charged after payments have been made through the Authorized Payment Method. It is your responsibility to read the Third-Party Carrier Terms before placing a Shipment.
3.4. Discrepancies.
Quotations for Shipping Fees by Shiphub are based on the information provided by you, including, but not limited to, sender’s address, receiver’s address, weight, dimensions, and value of the items. In the event a shipping label is generated using Shiphub and there is a discrepancy between the Shipping Fees charged by Shiphub at the moment the User purchases a shipping label and the costs for the Shipment charged by Third-Party Carriers to Shiphub due to incorrect information that you provided, including, but not limited to, incorrect weight, dimensions, value of the item(s), addresses, declaration of residential address, or any other information critical to estimate Shipping Fees, you will be responsible for such discrepancy amount (“Shipping Fees Discrepancies“ or “Adjustments“). Shiphub specifically disclaims any liability for any errors in Shipping Fees due to inaccurate or incomplete information. Shiphub is not responsible for any changes or alteration of the Shipping Fees. Shiphub agrees to make reasonable efforts to bill such discrepancy amount to your Account in a timely manner but Shiphub makes no representations or warranties regarding the amount of time needed to complete processing.
3.5. Authorized Payment Methods.
Shiphub currently accepts the following payment methods (collectively, the “Authorized Payment Method”):
- Shiphub currently accepts Visa and MasterCard, and all payments made by credit card will be processed through a third-party service provider, such as Global Pay LLC (https://www.globalpayllc.com). Alternately, you may set up an automated debit from your bank savings or checking account. Acceptable payment methods are subject to change at any time, and all payments processed through third-party payment service providers shall be subject to such third-party payment service providers’ respective Payment Terms and Privacy Policies.
You must include correct information (e.g., the address and phone number the credit card issuer has on file for you) when placing orders. Incorrect information may cause delays in establishing Service.
All information received from you will be treated in accordance with Shiphub’s Privacy Policy. By utilizing our Services, you are consenting to be contacted at the phone number you select to authenticate such phone number, and you will complete the steps required to confirm such authentication. If you select to receive a text message, wireless and text message fees may apply from your carrier.
Shiphub reserves the right to charge you any unpaid fees or other delinquent obligations by your provided payment method including, but not limited to, your credit/debit card or direct debit from a checking account (ACH) if such checking account information has been provided to be debited via ACH by Shiphub or any third-party payment service providers for any purpose. You hereby give Shiphub permission for such payment method charges or debits to your checking account for any overdue fees or other delinquent payments owed. The billing entity for part or all of the Services provided by Shiphub may be that of a subsidiary, affiliate or partner organization of Shiphub and you hereby consent to any such billing, including changes to the billing entity from time to time.
DEBIT NOTICE WAIVER: If you elect to pay Shiphub via a debit card, you hereby waive your rights under 12 C.F.R. 205.10(d) to receive ten days’ advance notice of the amount and date of all varying electronic fund transfers, so long as the transfer falls inside the range of $0.01 and the sum of any amounts you authorize for insurance transactions, mailing and shipping charges, hidden postage labels, reset fees or other non-recurring charges.
- You may elect to pay by invoice, whereby Shiphub shall advance the cost of Shipments on your behalf and issue you an invoice for the amounts due for the Shipment. Shipments will be reconciled on a weekly basis, and Shiphub shall provide you with an invoice reflecting the total amount owed for that payment period. Payment of each invoice shall be made in full to the account designated Shiphub and in accordance with the payment terms provided in such invoice.
3.6. Account Funding.
You may pre-purchase credits (“Credits”) to be used to pay for Shipments through your Account. Please note that you may be required to make payments for your Shipments through Credits, as determined by Shiphub and/or Third-Party Carriers. The minimum purchase (to fund your Account) is $150.00. The balance in your Account at any time is referred to as your “Account Balance”. There are no minimum or maximum Account Balance requirements. You are allowed to print or create labels up to the current balance of pre-funding in your Account. If any Service payment cannot be completed successfully due to an insufficient Account Balance, you will be required to pay the remaining balance necessary to complete your purchase. You may also deposit additional funds to your Account via credit card to cover the remaining balance. If additional fees are incurred after the initial shipment is created (e.g., additional carrier fees for incorrect weight or dimensions, residential delivery fees or duties and taxes, etc.), Shiphub will cause the credit card used to process the initial payment to automatically be charged in the amount necessary to cover such additional fees if your Account Balance is insufficient to cover the total amount owed. You will be notified that the Services are unable to be completed if your payment method is declined or there are insufficient funds in your Account.
You may request for a refund from us of any available and unused Account Balance, that will be refunded on the Authorized Payment Method used to deposit the funds on the Account, subject to payment of payment fees, or transaction fees, or any other related fees. We will refund the available and unused Account Balance within ten (10) days from the time the request by the User is received by us.
3.7. Currency Fluctuations and Exchange Rates
Shiphub reserves the right to adjust its pricing in response to currency fluctuations, including, but not limited to, currency conversion rate changes, conversion fee changes, and/or discount rate changes. Shiphub will indicate which currency a transaction is being billed for, but Shiphub is not responsible for any fee or currency exchange rates charged to you by any third party payment provider.
3.8. Shipping Fee Disputes
In the event that you disagree with any Shipping Fees charged to your Account, you shall submit such complaint to Shiphub within thirty (30) days of the fee being charged (“Dispute Period”). Shiphub will not review customer requests for Shipping Fees adjustments that are received after the Dispute Period.
3.9. Taxes
You acknowledge and agree that all fees, charges and any other rates or amounts charged by Shiphub to you hereunder are exclusive of any applicable value added, sales/use or goods and Services’ taxes (“Transaction Taxes”) which may be levied in connection with the supply by Shiphub of the Services to you. Where applicable, you shall be responsible for paying all Transaction Taxes arising in respect of the Shipping Fees or other amounts charged by Shiphub to you.
Users who incorrectly declare the commodity type and/or value of their shipment(s) will automatically be charged the difference between the declared value and the transactional value, whichever is higher, plus any applicable fees incurred as a result thereof.
3.10. Shipping Fee Refund
Users may cancel any paid and unused shipping label and request for a refund accordingly within ten (10) calendar days from the date on which they placed their order. Shiphub will refund the Shipping Fee to the User, either to the User Account Balance (as defined in the Terms of Use) or to the User Authorized Payment Method, within ten (10) days from the date the User has requested for such cancellation, minus all credit card processing fees or fees Shiphub has incurred as a result of the transaction. In the event that the Shipment has already been shipped and sent over to the courier, such Shipment may not be cancelled and the User shall be billed for the full Shipment Fee and any other related fees thereof. In case a Shipment previously refunded to the User by Shiphub, is shipped by User, Shiphub will bill and charge User for the related Shipment Fees.
3.11. Declaration and Accurate Information
You are responsible for providing complete and accurate information with respect to each Shipment, including, but not limited to, the item category and item value of the Shipment. You shall be responsible for any error, damage, expense or consequence resulting from wrong or incomplete information provided to us. You shall further indemnify Shiphub for and hold Shiphub harmless from any loss or expense resulting as a consequence of any wrong information provided by you. Shiphub shall not be responsible for losses or damages in the event that any item contained in the Shipment is wrongfully declared. Moreover, Shiphub is in no way responsible for any damages or losses due to custom practice. Shiphub shall not be liable for the accuracy and truthfulness of the information provided by you.
3.12. Import Taxes and Duties
When you generate a Shipment using a Third-Party Carrier shipping label, you have the option of choosing between a DDU Shipment or a DDP Shipment. In DDU Shipments, you choose not to pay in advance for any taxes and duties in respect of the Shipment arising in the destination country, of which the receiver will be billed accordingly. By using DDU Shipment, Users acknowledge that any local customs charges, import taxes, import duties, last-mile delivery fee, or in general any extra charge(s) regarding the Shipment (“Taxes and Duties”), will be of the receiver’s sole responsibility.
Shiphub will provide you with an estimate of the Taxes and Duties prior to each Shipment for your reference (“Estimate”). For DDU Shipments, such Estimate shall be for reference only and the Shipment may be subject to other additional charges depending on the local custom practices of the destination country. The Users shall not be liable for any discrepancy between the Shipping Fees by Shiphub and any local fee, or additional delivery fee provided that all information in respect of the Shipment submitted to Shiphub by the User is complete and accurate. Shiphub reserves the right to charge a User using DDP Shipments additional fees in respect of excessive Taxes and Duties resulting from the incomplete and/or inaccurate information provided by the User used to compute the Estimate.
Shiphub is not responsible for any Taxes and Duties, neither for DDU Shipments nor for DDP Shipments.
3.13. Customs
You may be subject to additional fees for customs clearances (“Customs”), and you hereby grant Shiphub to process such additional Customs fees. In no event shall Shiphub be liable for any loss, delay, or damage of items shipped, while in the hands of a local custom. In addition, Shiphub shall not be held responsible in the event that the local custom confiscates, holds, or denies release of the Shipment to the receiver.
3.14. Hazardous Materials
Additional charges for dangerous or hazardous materials, as defined in Title 49 of the United States Code (“Hazardous Materials”), will be imposed on your Shipment. If you fail to select the shipping service applicable to Hazardous Materials, you will be charged at the highest level of service and/or as determined by the Third-Party Carriers. Accordingly, it is your responsibility to determine if a Shipment contains a Hazardous Material and to properly classify, label, mark and package it in accordance with applicable laws, rules and regulations.
3.15. Other Taxes
You are responsible for all applicable taxes that arise from or as a result of your subscription to or purchase of Shiphub Services (“Other Taxes”). To the extent that Shiphub charges these Other Taxes, they are calculated using the tax rates that apply based on the billing address you provide to us. If you are not charged Other Taxes by Shiphub, you are responsible for determining if Other Taxes are payable, and if so, self-remitting Taxes to the appropriate tax authorities in your jurisdiction.
For the avoidance of doubt, all sums payable by you to Shiphub under these Payment Terms shall be paid free and clear of any deductions or withholdings whatsoever. Other than Other Taxes charged by Shiphub to you and remitted to the appropriate tax authorities on your behalf, any deductions or withholdings that are required by law shall be borne by you and paid separately to the relevant taxation authority. Shiphub shall be entitled to charge the full amount of Fees stipulated under these Payment Terms to your Authorized Payment Method ignoring any such deduction or withholding that may be required.
- Governing Law and Venue
All matters relating to the Platform and these Payment Terms, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of New York without giving effect to any choice or conflict of law provision or rule (whether of the State of New York or any other jurisdiction).
Any legal suit, action, or proceeding arising out of, or related to, these Payment Terms or the Platform shall be instituted exclusively in the federal courts of the United States or the courts of the State of New York, in each case located in the City of New York, County of New York, although we retain the right to bring any suit, action, or proceeding against you for breach of these Payment Terms in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
- General Provisions
5.1 No Waiver; Severability
No waiver by Shiphub of any term or condition set out in these Payment Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Shiphub to assert a right or provision under these Payment Terms shall not constitute a waiver of such right or provision.
If any provision of these Payment Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Payment Terms will continue in full force and effect.
5.2 Entire Agreement
These Payment Terms, the Terms of Use and Our Privacy Policy constitute the sole and entire agreement between you and Shiphub and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral.
5.3. Assignment
You may not transfer or assign any rights or obligations you have under this Agreement without Shiphub’s prior written consent and any attempted assignment without that consent will be void. Shiphub reserves the right to transfer or assign this Agreement or any right or obligation under this Agreement at any time. Subject to the foregoing provisions of this Section, these Payment Terms shall be binding on and inure to the benefit of the parties’ successors and assigns.
5.4. Attorneys’ Fees and Costs
Shiphub shall have the right to collect from you its reasonable costs and necessary disbursements and attorneys’ fees incurred in enforcing these Payment Terms.
- Contact Us
If you have any questions about these Payment Terms, you can contact us at any time by sending an email to support@splgroup.com.
