Terms of Service

TERMS OF SERVICE

Customer Terms of Service

This is a legally binding agreement between you (the Customer) and us (Network Gates LLC). It outlines the services we will provide you, as well as how we will collaborate and other aspects of our business relationship. Since these conditions are so significant, we will not be able to offer these services to
you unless you agree to them. You agree to these terms by using the Subscription Service or receiving Consulting Services. “Agreement” means these Customer Terms of Service and all materials referred
or linked to in here. “We”, “us” or “our” means Network Gates LLC. “You”, “your” or “Customer” means the person or entity using the Subscription Service or receiving the Consulting Services and identified in the applicable billing statement, Order Form or Statement of Work as the customer.

1-) Acceptance of Terms

1.1 Network Gates LLC is a Illinois Limited Liability Company doing business as Shipitsellit, provides its Services to you that are governed by these Terms & Conditions (“Agreement”). By accepting this Agreement, by accessing or using the Services, or clicking through on our website, you acknowledge that you have read, understood, have the authority to, and agree to be bound by this Agreement.

By accepting the terms you certify that you are 18 years of age or older. If you are entering into this Agreement on behalf of your customer “you” or “your” shall also refer to such entity and its affiliates.

1.2 We may change this Agreement at any time. If any change or revision to this Agreement is not acceptable to you, please stop using the Services and send a cancellation email to “[email protected]”. ShipitSellit may change this Agreement from time to time by providing a notice either by emailing the email address associated with your account or posting a notice on the website at www.shipitsellit.com or by providing notice on the ShipitSellit Platform (as defined below) (“Notice”). You can review the most current version of this Agreement at any time at www.shipitsellit.com. 

1.3 Any user violating this policy voids any implied or express warranties and violates the ShipitSellit Terms.

2-) Sign-Up

You must sign-up for the Services through www.shipitsellit.com. You may only use ShipitSellit services by signing up. Upon signing up you will identify an username and password for your account.

3-) Our services

Our Services are the receipt, counting, storage, packaging, and shipment of physical goods.

4-) Fees and Payments

You will keep your contact information, billing information and credit card information (where applicable) up to date. Changes may be made on your Billing Page within your ShipItSellIt.com portal. All payment obligations are non-cancelable and all amounts paid are non-refundable, except as specifically provided for in this Agreement. All fees are due and payable in advance throughout the Subscription Term.

4.1 Payment processing for Services are provided by Stripe and are subject to the Stripe Connected Account Agreement which includes the Stripe Terms of Service https://stripe.com/ssa. As a condition of ShipitSellit enabling payment processing Service through Stripe, you agree to provide ShipitSellit complete information about you and your business, and you authorize us to share it and transaction information related to your use of the payment processing Service provided by Stripe.

4.2 Stripe will collect payment from you via credit card. ShipitSellit can not control any fees that may be charged to you by your bank related to Stripe’s collection or disbursement of such payment, and ShipitSellit disclaims all liability in this regard.

4.3 Auto-Pay When you use the Services, all charges for the Services and monthly storage usage fees to ShipitSellit will be immediately charged to the credit card associated with your Stripe account. Company agrees that ShipitSellit will have the right to auto-charge a saved credit card.

4.4 Late Payment Fee, If ShipitSellit fails to receive payment from the Company by processing your saved credit card ; a late payment fee of 5% (minimum of $20) will be applied to the invoice, unless the invoice is currently being disputed.

5-) Ownership, RISK OF LOSS AND INSURANCE

5.1 Inventory ownership Products that are held by ShipitSellit as Inventory in our facilities, ShipitSellit will NOT hold any ownership of the inventory.

5.2 Risk of Loss Company hereby agrees that at no time during the period that Products are held by ShipitSellit as Inventory in the Warehouse will ShipitSellit carry the risk of loss in the Inventory. Risk of Loss in Inventory will continue to be held by the Company until such time as the Products are delivered to the End-User.

5.3 Insurance COMPANY HEREBY AGREES THAT IT IS COMPANY’S RESPONSIBILITY, AT ALL TIMES, TO MAINTAIN AN INSURANCE POLICY THAT COVERS THE COST OF THE PRODUCTS HELD IN INVENTORY. Company has the option of adding the Warehouse as a designated storage location to Company’s general inventory policy. If requested by Company, ShipitSellit shall allow premises inspection in order to assist Company in obtaining coverage. If you wish to have no insurance, ShipitSellit will, under no circumstances, be liable for any loss or damage to the inventory stored at ShipitSellit facilities. These events include, but are not limited to, theft, misuse, fire, natural disaster or any other event.

6-) Abandoned and Liquidation

If any account remains unpaid for 30 days then ShipitSellit has the right to classify Company’s account as Abandoned Account. If an account has been unpaid for 60 days, it will automatically be considered as an Abandoned account. Once your account is abandoned Company immediately forfeits its rights of ownership of such Company’s Inventory up to the cumulative amount necessary for payment of all the Fees as well as any reasonable expenses incurred by ShipitSellit for the preservation and storage of the Inventory or its sale Inventory will become immediately unavailable to the Company, and liquidation proceedings would begin. 

Company agrees that all Inventory liquidated shall be sold at the absolute discretion of ShipitSellit and would be free and clear of liability, and that Company assumes any liability therefore. Company has no rights to any liquidation proceeds arising from an Abandoned Account unless the amounts recovered through liquidation exceed the cumulative amount necessary for payment as stated above. Should the amounts recovered through liquidation be insufficient to cover the cumulative amounts above, the Company would remain liable for any pending Usage Fees and 3rd Party Fees above and beyond the liquidation proceeds.

7-) Assignment

You will not assign or transfer this Agreement, including any assignment or transfer by reason of merger, reorganization, sale of all or substantially all of its assets, change of control or operation of law, without our prior written consent, which will not be unreasonably withheld. We may assign this Agreement to any affiliate or in the event of merger, reorganization, sale of all or substantially all of our assets, change of control or operation of law.

8 -) Customer Responsibilities

Your participation and effort are needed to get the most out of the Subscription Service and Consulting Services.

9-) Publicity

You give us permission to use your name and company logo in our customer database and on our website.

10-) Authority

Each party represents and warrants to the other that it has full power and authority to enter into this Agreement and that it is binding upon such party and enforceable in accordance with its terms.