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Terms & Conditions

A legal disclaimer

Welcome to Arcship (the "Company," "we," "us," or "our"). These Terms and Conditions ("Terms") govern your access to and use of our website, products, and services (collectively, the "Website" or "Services"). By accessing or using this Website, you agree to be bound by these Terms. If you do not agree, please do not use the Website.

Terms & Conditions - the basics

1. Services


Arcship agrees to provide the following services as selected by the Customer (collectively, the "Services"):


•    Shipping refund identification and recovery for shipments that qualify under the money-back guarantee policy as stated by UPS and/or FEDEX
•    Proactive package tracking, monitoring, and notifications
•    Carrier claims identification, filing, and management for claims


Arcship will access Customer’s shipping data solely for the purpose of performing the selected Services.

2. Free Trial


Customer will receive a thirty (30) day free trial beginning on the Effective Date (the "Trial Period"). During the Trial Period:


•    No service fees will be charged
•    Arcship may perform the Services as outlined in this Agreement


Upon expiration of the Trial Period, this Agreement will automatically continue under the pricing terms in Section 3 unless terminated in accordance with this Agreement.

3. Fees and Pricing


Customer agrees to compensate Arcship as follows:


Service Fee:

a. Shipping Refund Recovery: Arcship shall receive 25% of successfully refunded shipping charges recovered on behalf of Customer. No fees shall be owed for refunds not successfully recovered.
b. Proactive Package Tracking: Arcship shall receive $0.75 (Cents) of every package tracked. 
c. Carrier Claims Management: Arcship shall receive 25% of successfully filed claims with the carrier, up to the carrier liability of $25 per package.  

4. Access to Shipping Accounts


Customer authorizes Arcship to access Customer’s shipping carrier accounts, credentials, tracking numbers, billing data, and related information strictly as necessary to perform the Services. Customer represents that it has the legal right to grant such access.

5. Confidentiality and Data Protection


5.1 Confidential Information
"Confidential Information" includes, but is not limited to:
•    Shipping account credentials
•    Tracking data
•    Billing and invoice data
•    Claims information
•    Business, operational, or financial information


5.2 Non-Disclosure
Arcship agrees that it shall:
•    Not sell, disclose, share, or distribute Customer’s Confidential Information to any third party
•    Not use Customer’s data for any purpose other than providing the Services
•    Implement reasonable administrative, technical, and physical safeguards to protect Customer’s data


5.3 Exceptions
Confidential Information does not include information that:
•    Is publicly available through no fault of Arcship
•    Is required to be disclosed by law or legal process (with prior notice to Customer where legally permitted)

6. Term and Termination


6.1 Term
This Agreement shall commence on the Effective Date and continue on a month-to-month basis following the Trial Period unless terminated.


6.2 Termination
Either Party may terminate this Agreement with written notice at any time. Upon termination:
•    Arcship will cease accessing Customer’s shipping accounts
•    Any outstanding fees for successfully recovered refunds prior to termination shall remain payable

7. Limitation of Liability
To the maximum extent permitted by law, Arcship shall not be liable for indirect, incidental, consequential, or special damages arising out of or related to this Agreement.

8. Independent Contractor
Arcship is an independent contractor and not an employee, partner, or joint venturer of Customer.

9. Governing Law
This Agreement shall be governed by and construed in accordance with the laws of the State of California, without regard to conflict of law principles.

10. Entire Agreement
This Agreement constitutes the entire agreement between the Parties and supersedes all prior agreements or understandings, whether written or oral.
 

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