Terms and Conditions:
Endicia Global Service

Endicia Internet Postage includes both a software component and a postage service component, and thus the terms and conditions will cover each appropriately.

The software used with Windows software is called DAZzle, and software used with the Apple Mac version is named Endicia for Mac. Additional software is supplied with Endicia Professional, Endicia Global Service, Endicia Professional Multi-Rate Service™ and Endicia Platinum Shipper plans, described below, as well as a no-monthly fee service named DYMO Stamps. All of these programs may be referred to herein as “Endicia Software”. A link to the Endicia Software License Agreement is available at here.

Unless where noted, all previously approved terms and conditions between your and Endicia still apply and are in addition to the set of terms outlined specifically for the Endicia Global Service.

ENDICIA GLOBAL SERVICE

You are agreeing to terms for service directly provided by Endicia for Brazil and Latin America. This service aims to improve service performance and allow for the ability to pre-pay duties and taxes. The services is picked up a delivered to Miami by the U.S. Postal Service and our agent SkyPostal will transport the goods out of the U.S., clear customs, and be responsible for delivery to the recipient in Brazil or Latin America. The carrier terms and conditions of carriage are specifically between you and our agent SkyPostal

RETURNS

Endicia shall provide a returns solution for items that cannot be delivered due to insufficient addressing or refused by recipient. The following options are available and subject to return fees:

1. Return to sender address in the U.S.
2. Abandon

In all cases, parcels subject to the returns process will be safely and securely stored by Endicia and packaged and loaded correctly for return as applicable. A charge of $5.00 per parcel returned plus line haul charge of $4.00 per consolidated kilo will apply on returns.

DUTIES AND TAXES

For Duties & Taxes Prepaid (DDP) funds will be collected at label print and sent on to foreign customs for processing. For Duties Unpaid (DDU) we require addressee’s email address & mobile number and we will contact addressee to arrange for duty/taxes payment through our secure import web portal. All duties and taxes must be collected prior to the shipment leaving Miami within 72 hours of the package receipt in Miami or all shipments will be returned to sender.

AVERAGE TRANSIT TIMES

Depending on where your shipment originates in the U.S. we expect end-to-end delivery of your shipment in eight days or less. Weekend days, public holidays, bank holidays, delays caused by customs, delays attributable to compliance with mandatory local security requirements or other events beyond our control are not included when we quote door to door delivery times in our published literature. The route and the method by which we transport your shipment shall be at our sole discretion.

SHIPMENT PREPARATION REQUIREMENTS

Each shipment will be prepared using an Endicia Global Service shipping label. This shipping label will be a USPS domestic First Class Parcel shipment if under 13 ounces or USPS domestic Priority Mail shipment if over 13 ounces. Each label will include a unique EGS reference number above the USPS tracking barcode to signify the service.

INSURANCE

Endicia Global Service offers Endicia Parcel Insurance as the only insurance option with this service. USPS Insurance and Third-Party Insurance options are not available for EGS customers. For additional details on all the insurance products offered by Endicia, please see insurance products.

COUNTRIES SERVED

Towards the bottom of this document you will find a list of countries approved to ship to under this agreement. We reserve the right to add or remove countries from this list at anytime.

RATES AND PAYMENT

All rates are final at the time of label print and do not include other surcharges or fees. The weight provided will be used for postage fees, however, items found to heavier than the weight provided will be recalculated and charged based on the heavier weight.

As a matter of course all import duties, value added taxes on goods and all other charges levied on the shipment in the destination country shall be payable to us by Endicia prior to delivery of the shipment.

Items found to be not as described and assessed high duty / tax rates will be billed to you for payment.

Carrier Terms and Conditions of Carriage

The following document is SkyPostal Terms and Conditions of Carriage, subject to the variations set out in the table above, and subject to modification upon mutual agreement between SkyPostal and Endicia. Endicia shall display a modified version of SkyPostal Carrier Terms and Conditions of Carriage to all Customers with a method to record the Customer’s acknowledgement and acceptance of these terms, passing the liability of the T&Cs to the customer.

TERMS AND CONDITIONS OF CARRIAGE AND OTHER SERVICES

DEFINITIONS

The following definitions apply to the terms and conditions set out below that govern the contract of carriage and other services between you and us.

“we”, “us”, “our” and SkyPostal means SkyPostal, Inc. and its group companies (“SkyPostal”) and SkyPostal’s employees, agents and independent contractors;

“you” and “your” means the sender or consignor;

“carriage” means and includes the whole of the operations and services undertaken by us in connection with the transportation of the shipment;

“other services” means all services not being services for the carriage of shipments that are performed by us, including, but not limited to, storage, sorting, kitting, merging, packing, installation, value added- and transportation management services;

“shipment” means goods or documents of whatever nature (whether in bulk or in one or more packages) which we have accepted for carriage from one address to another or regarding which we have accepted to perform other services, whether under our consignment note or not;

“prohibited items” means any goods or materials the carriage of which is prohibited by any law, rule or regulation of any country in or over which the shipment travels;

THE PARTY WITH WHOM YOU ARE CONTRACTING

Your contract of carriage and of other services is with the SKYPOSTAL company or the subsidiary or affiliate of SKYPOSTAL that accepts from you the shipment for carriage or, as the case may be, the performance of other services. You agree that we may subcontract the whole or any part of the contract of carriage or of other services on any terms and conditions we decide.

YOUR ACCEPTANCE OF OUR TERMS AND CONDITIONS

By giving us your shipment you accept our terms and conditions set out in the consignment note and/or the contract of carriage and/or the contract for the performance of other services on behalf of yourself and/or anyone else who has an interest in the shipment or the performance of other services irrespective of whether you have signed the front of our consignment note or not. Our terms and conditions also cover and can be invoked by anyone we use or sub-contract to collect, transport, deliver your shipment or perform other services as well as our employees, directors and agents. Only our authorized officers may agree to a variation of these terms and conditions in writing. When you give us the shipment with oral or written instructions that conflict with our terms and conditions we shall not be bound by such instructions.

SCOPE OF THE CONTRACT

Even if the carriage of the shipment forms part of another type of contract between you and us, these terms and conditions apply to the contract agreed between you and us in respect of any carriage of goods pursuant to the contract.

By concluding any type of contract with us that involves the carriage of goods you agree that:

1. the contract is a contract of carriage of goods by road if the carriage of the shipment actually takes place by road;
2. the contract is a contract of carriage of goods by air if the carriage of the shipment actually takes place by air;
3. the contract is a contract of carriage of goods by sea if the carriage of the shipment actually takes place by sea;
4. the contract is a contract for the performance of other services if related to non-carriage services.

DANGEROUS GOODS & SECURITY

Except in the circumstances shown above, we do not carry, nor perform other services regarding, goods which are, or are in our sole opinion, dangerous goods including, but not limited to, those specified in the International Civil Aviation Organization (ICAO) Technical Instructions, the International Air Transport Association (IATA) Dangerous Goods Regulations, the International Maritime Dangerous Goods (IMDG) code, the European Agreement Concerning the International Carriage of Dangerous Goods by Road (ADR) regulations or any other national or international rules applicable to the transport of, or the performance of other services regarding, dangerous goods.

We may at our discretion accept some dangerous goods for carriage, or for the performance of other services, in some countries if you have been accorded the status of an approved customer and this must be given by us in writing before your shipment can be accepted. Your dangerous goods will only be accepted if they comply with the applicable regulations (as referred to in Clause 5.1) and our requirements. Details of our requirements together with the procedure for applying for approved customer status are available from our nearest office and a dangerous goods surcharge will be invoiced to you upon acceptance of your shipment.

Certain dangerous goods are exempt from the above approved customer requirements. Details can be obtained from our nearest SKYPOSTAL office.

You must ensure and you certify by completing our consignment note or tendering a shipment to us that your shipment does not contain a prohibited article as specified in ICAO Annex 17 or other national or international regulations that govern aviation security. You must give us a full description of the contents of the shipment on the consignment note, or other accompanying document, and your responsibilities and liabilities are not extinguished by providing this information.

Shipments carried, or handled, by us may be subject to security screening which could include the use of x-ray, explosive trace detection and other security screening methods and you accept that your shipment may be opened and the contents of your shipment may be examined in transit.

You declare that you have prepared the shipment for carriage, or for the performance by us of other services, in secure premises using reliable staff employed by you and that the shipment has been safeguarded against unauthorized interference during preparation, storage and transportation immediately prior to acceptance for carriage of the shipment by us or for the performance by us of other services.

We do not accept shipments that contain prohibited items.

We may be required to share information, including your personal data for your shipment with the shipment destination country authorities or transit country authorities for customs and / or security reasons.

EXPORT CONTROLS

You assume responsibility for and guarantee compliance with all applicable export controls laws, including but not limited to regulations and rules that prohibit unauthorized trade in military and other strategic goods and services with, as well as financial or commercial dealings with named individuals and entities in countries to, from, through or over which your shipment may be carried, or regulations and rules that impose conditions under which certain technologies, information, and commodities can be transported to, from, through or over any country which your shipment may be carried.

You also guarantee that you will not tender any shipment to us if you or any of the parties involved in the shipment are listed on any of the United Nations sanctions programs, regional and national programs implementing and/or supplementing those, as well as parties listed on autonomous measures regulations.

You agree to identify shipments subject to pre-export regulatory controls, and provide us with information and all necessary documentation to comply with applicable regulations.

You are responsible at your expense for determining export and import licensing or permitting requirements for a shipment, obtaining any required licenses and permits, and ensuring that the consignee is authorized by the laws of the origin, destination countries and any country(s) asserting jurisdiction over the goods.

We assume no liability to you or to any other person for your acts of non-compliance with export control laws, sanctions, restrictive measures and embargoes.

RIGHT OF INSPECTION

You agree that we or any governmental authority including customs and security may open and inspect your shipment at any time.

CUSTOMS CLEARANCE

You appoint us as your agent solely for the purpose of clearing and entering the shipment through customs. If we subcontract this work, you certify that we are the consignee for the purpose of designating a customs broker to perform customs clearances and entries. If any customs authority requires additional documentation for the purpose of confirming the import/export declaration or our customs clearance status it is your responsibility to provide the required documentation at your expense.

You certify that all statements and information you provide relating to the exportation and importation of the shipment will be true and correct. You acknowledge that in the event that you make untrue or fraudulent statements about the shipment or any of its contents you risk a civil claim and/or criminal prosecution the penalties for which include forfeiture and sale of your shipment. To the extent that we may voluntarily assist you in completing the required customs and other formalities such assistance will be rendered at your sole risk. You agree to indemnify us and hold us harmless from any claims that may be brought against us arising from the information you provide to us and any costs we will incur regarding this, and pay any administration fee we may charge you for providing the services described in this condition.

Any customs duties, taxes (including but not limited to VAT if applicable), penalties, storage charges or other expenses we incur as a result of the actions of customs or other governmental authorities or your failure and/or the receiver‘s failure to provide proper documentation and/or to obtain the required license or permit will be charged to you or the receiver of the shipment. In the event that we decide to charge the receiver and the receiver refuses to pay the incurred charges you agree to pay them to us together with our fee for the administration involved as well as any extra costs we will incur. Upon our first request you will provide a proper guarantee for any of the duties, taxes, penalties, storage charges or any other expenses set out in this condition.

We will endeavor to expedite all customs clearance formalities for your shipment but are not liable for any delays, losses or damage caused by interference from customs officers or other governmental authorities.

INCORRECT ADDRESS AND P.O. BOX NUMBERS

If we are unable to deliver a shipment because of incorrect address we will make all reasonable efforts to find the correct address. We will notify you of the correction and deliver or attempt to deliver the shipment to correct address although additional charges may apply.

Deliveries to post office box numbers are not accepted except in a limited number of countries (the list of which is available from the subsidiary or affiliate or branch of SKYPOSTAL that accepts your shipment for carriage) and further provided that the telephone number of the consignee is provided. In the event we are unable to deliver the shipment at the first attempt then you agree that we may post the shipment to the consignee and proof of posting is sufficient proof of delivery.

DELIVERY OF YOUR SHIPMENT

Where we are unable to complete the delivery of a shipment for whatever reason we will try to leave a notice at the receiver’s address stating that delivery has been attempted and the whereabouts of the shipment. If delivery has not been made after a second attempt by us, or the receiver refuses to accept delivery, we will try to contact you and agree the appropriate next action. You agree to pay us any costs we incur in forwarding, disposing of or returning the shipment and our charges (if any) for making a third or more delivery attempt and for the agreed appropriate next action.

Special Delivery Instructions

You or the receiver of a shipment may give special instructions to us (by means of a SKYPOSTAL website or any other medium) to deliver the shipment to another location/person (being for example a neighbor and/or neighboring address) or the receiver may indicate its wish to collect the shipment from a location approved by us. Where you request and we agree to enable this special delivery instructions service, the following provisions shall apply:

We shall not be liable for any loss or damage in any way as a result of our performance of your special delivery instructions;

You shall indemnify us and hold us harmless from and against all claims, costs, liability and expenses (including reasonable lawyers’ fees and expenses) arising by reason of loss or damage to any shipments as a result of providing this special delivery instructions service. We also reserve the right to charge you an administration fee for providing this special delivery instructions service.

YOUR OBLIGATIONS

You warrant, represent and guarantee to us that:

The contents of the shipment (including but not limited to weight and number of items) have been properly described on our consignment note, have been correctly labelled and the label or labels have been securely fixed by you in a prominent position on the outer surface of the shipment that can be clearly seen by us;

The consignee’s contact details have been fully, accurately and legibly entered on our consignment note and on an address label securely fixed by you to a prominent position on the outer surface of the shipment that can be clearly seen by us;

The contents of the shipment have been prepared and packed safely and carefully by you to protect against the ordinary risks of transport, or the performance by us of other services, including any associated sortation and/or handling process;

You have declared the correct weight of the shipment and you will provide any special equipment we may need to load or unload the shipment on or off our vehicles;

You have securely fixed a heavy weight label in a prominent position on the outer surface of the shipment that can clearly be seen by us for any item weighing 30 kilos or more;

The contents of the shipment are not restricted by IATA, ICAO, IMDG or ADR and are not prohibited items, and neither you nor the consignee is a person or organization with whom we or you may not legally trade under any applicable laws or regulations;

When you have asked us to charge the receiver or a third party and the receiver or third party does not pay us you will promptly settle our invoice together with an administration fee in full within 7 days of us sending you the invoice;

All applicable laws and regulations have been complied with;

You have included in the shipment the correct commercial invoice related to the shipment (mentioning correct “bill to” address with applicable VAT number, correct and clear description of the commodity, and when required, the first 6 digits of the Harmonized System (“HS”) code;

You have taken all reasonable precautions to comply with all conventions, directives and legislation relating to the protection of personal data including if practicable encryption of the personal data to ensure the safety of the personal data in the event of loss or mis-delivery of a shipment;

The value of any shipment does not exceed US$ 3,000 dollars.

EXTENT OF OUR LIABILITY - Liability for Transportation Services

Subject to Clause 14 below, we limit our liability for any loss, damage or delay of your shipment or any part of it arising from carriage as follows:

If the carriage of your shipment is solely or partly by air and involves an ultimate destination or a stop in a country other than the country of departure the Warsaw Convention (1929), or the Warsaw Convention as amended by the Hague Protocol (1955) and/or Montreal Protocol No. 4 (1975), or the Montreal Convention (1999), whichever is compulsorily applicable, will apply. These international treaties govern and limit our liability for loss, damage or delay to your shipment to 19 special drawing rights (SDRs) per kilo.

If we carry your shipment by road within, to or from a country that is a party to the convention on the contract for the international carriage of goods by road 1956 (CMR) our liability for loss or damage to your shipment shall be governed by the CMR and thus limited to 8.33 special drawing rights (SDRs) per kilo. In the case of delay where you can show to us you have suffered loss our liability is limited to refunding to you the charge you paid us for carriage in respect of that shipment or the part which was delayed.

If we carry your shipment by road within a country that is not party to the CMR or between two countries neither of which is a party to the CMR, our liability for loss or damage to your shipment shall be deemed to be governed by the CMR and thus limited to 8.33 special drawing rights (SDRs) per kilo. In the case of delay where you can show to us you have suffered loss our liability is limited to refunding to you the charge you paid us for carriage in respect of that shipment or the part which was delayed.

If none of Clauses above apply and we have a liability to you for whatever reason for transportation services performed by us, including without limitation breach of contract, negligence, willful act or default, our liability to you for loss, damage, mis-delivery or non-delivery of your shipment or the part affected is at all times limited to the lower of the market value of the shipment at the time of carriage or the cost of repairing the shipment or the part affected with in each case an upper limit that does not exceed USD $15.00 per kilo limited to a maximum of USD $2,000 per shipment. In the case of delay where you can show to us you have suffered loss our liability is limited to refunding to you the charge you paid us for carriage in respect of that shipment or the part which was delayed.

Liability for Other Services

Subject to Clause 14 below, if we have a liability relating to other services for whatever reason, including without limitation breach of contract, negligence, willful act or default, our liability to you is at all times limited to USD$5,000 per event or series of events with one and the same cause of damage or, in case of the loss of or damage to a shipment, to the lower of the market value of the shipment or the cost of repairing the shipment or the part affected with in every case an upper limit that does not exceed USD$3.40 per kilo with a maximum of USD$5,000 per event or series of connected events.

EXCLUSIONS OF LIABILITY

We will not be liable for any loss of income, loss of profits, loss of markets, loss of reputation, loss of customers, loss of use, loss of an opportunity even if we had knowledge that such damages or loss might arise or for any indirect, incidental, special or consequential damages or loss howsoever arising including without limitation breach of contract, negligence, willful act or default.

We are not liable if we do not fulfill any obligations towards you at all as a result of:

Circumstances beyond our control such as (but not limited to):

• Acts of god including earthquakes, cyclones, storms, flooding, fire, disease, fog, snow or frost;
• Force majeure including (but not limited to) war, accidents, acts of public enemies, strikes, embargoes, perils of the air, local disputes or civil commotions;
• National or local disruptions in air or ground transportation networks and mechanical problems to modes of transport or machinery;
• Latent defects or inherent vice in the contents of the shipment;
• Criminal acts of third parties such as theft and arson.

Your acts or omissions or those of third parties such as:

• You being in breach of (or any other party claiming an interest in the shipment causing you to breach) your obligations under these terms and conditions and in particular those warranties set out in Clause 12;
• An act or omission of any customs, security, airline, airport or government Official.

The contents of the shipment consisting of any article that is a prohibited item even though we may have accepted the shipment by mistake.

Our refusal to make any illegal payments on your behalf.

We are not a common carrier and do not accept any liabilities of a common carrier.

VALUABLE GOODS

Valuable goods such as precious stones, precious metals, jewelry, money, negotiable instruments, unprotected furniture, glass or china, objects of art, antiques and important documents that include passports, tenders, share and option certificates should not be sent through our network delivery system because it involves the use of mechanical handling and automated sortation equipment together with multiple transshipments on and off vehicles which could result in loss and/or damage. If you nevertheless send, or cause us to send, such goods through our network delivery system it shall at all times limited to the lower of the market value of the shipment at the time of carriage or the cost of repairing the shipment or the part affected to a maximum of USD$5,000 per event or series of events with one and the same cause.

CLAIMS BROUGHT BY THIRD PARTIES

You undertake to us that you shall not permit any other person who has an interest in the shipment to bring a claim or action against us even though we may have been negligent or in default and if a claim or action is made you will indemnify us against the consequences of the claim or action and the costs and expenses we incur in defending it.

CLAIMS PROCEDURE

If you wish to claim for a lost, damaged or delayed shipment, or for any other damages, you must comply with any applicable convention and with the following procedure otherwise we reserve the right to reject your claim:

You must notify us in writing about the loss, damage or delay within 21 days of the later of: (i) after delivery of the shipment, (ii) from the date the shipment should have been delivered or (iii) from the date you reasonably should have become aware of the loss, damage or delay in the event the claim relates to other services.

You must document your claim by sending us all relevant information about the shipment and/or the loss, damage or delay suffered within 21 days of notifying us of your claim.

We are not obliged to act on any claim until our charges have been paid nor are you entitled to deduct the amount of your claim from our charges;

We will assume the shipment was delivered in good condition unless the receiver has noted any damage on our delivery record when he or she accepted the shipment. In order for us to consider a claim for damage, the contents of your shipment and the original packaging must be made available to us for inspection;

Save as otherwise provided by any applicable convention and or law, your right to claim damages against us shall be extinguished unless an action is brought in a court of law within 1 year from the date of delivery of the shipment or from the date on which the shipment should have been delivered or from the date on which the carriage ended or if the claim relates to other services within 1 year from the date you ought reasonably to have become aware of the loss, damage or delay;

In case of acceptance by us of part or all of your claim, you warrant to us that your insurers or any other third party having an interest in the shipment shall have waived any rights, remedies or relief to which they might become entitled by subrogation or otherwise;

The shipment shall not be deemed to be lost until at least 15 days have elapsed since the date you notified us of the non-delivery. We may agree with you in writing to shorten this period.

RATES AND PAYMENT

Our charges are calculated in accordance with the rates applicable to your shipment as set out in the Endicia contract rate card. Our current rate card is available on request from any of our offices in the country from which the shipment is invoiced.

Endicia will be charged based on the weight and destination of the package. There are no volume based discounts or charges (if minimums are not met) and there are no dimensional charges for the size of the package. We may check the weight and/or the number of items within your shipment and if we find that there is a discrepancy between your declared weight and/or number of items you agree that the weight and/or the number of items that we determine may be used for the purpose of our calculation.

As a matter of course all import duties, value added taxes on goods and all other charges levied on the shipment in the destination country shall be payable to us by Endicia prior to delivery of the shipment.

The door to door delivery rates shown on the Endicia negotiated rate card include provision for simple customs clearance formalities and we reserve the right to charge an extra administration fee where time-consuming excessive customs clearance work is needed to enable us to deliver your shipment to the receiver. Additional charges may therefore be applied in some countries for complex customs clearance activities and these include but are not limited to shipments that require:

Formal customs entries involving more than three different commodities;

Customs bonds, import license or the need to deliver goods under a customs bond;

Temporary import facilities or drawback;

Clearances involving a government department other than the customs authority. We may in some countries make advance payments of import duty, taxes, penalties or have to post bond on behalf of the importer and where this additional service is provided a local administration fee will be charged to the receiver and you will be liable for this charge if the receiver does not pay us.

Our invoice does not include a copy of the Proof of Delivery (POD), which you agree may be validly obtained or provided in a digital or electronic format, or any other additional documents for an additional nominal charge.

Where permitted by law, our standard invoice presentation method is electronic invoicing. Where you request, or we are required, to use paper invoicing we reserve the right to charge you an administration fee for providing this service.

Our invoices must be paid in the currency stated in the invoice.

You shall be liable for the payment of all duties, taxes and charges including stamp duties as applicable on the carriage and other services as well as on all documents including the consignment note.

YOUR INDEMNITY IN RESPECT OF EMPLOYEES

You agree to indemnify us against and keep us harmless from all costs, claims, liabilities and demands of any nature arising directly or indirectly from the redundancy selective re-employment or transfer of any of:

Our employees assigned or solely dedicated to the services we provide to you; or

Employee or former employee of yours; or

Any supplier or former supplier to you; or

Any third party which may in any way arise from the commercial relationship between us and you including but not limited to any liability arising under the European Community Acquired Rights Directive (77/187/EEC, as amended by Directive 2001/23/EC) or national implementing legislation thereof or under any other applicable employment legislation.

LAW AND JURISDICTION

In the event that any term or condition is declared invalid or unenforceable such a determination shall not affect other provisions of this contract all of which remain in force.

Service Levels

KPI Transit Time means the period from when the Direct Injection Parcel is made available from receipt by SkyPostal in Miami if Duties are Prepaid (DDP-Duties collected by Endicia) or in case of DDU (Duties collected by SkyPostal) when SkyPostal has collected duties/taxes from the addressee of the parcel and until SkyPostal has achieved delivery ‘success’ as described in Schedule 1 and communicated this to Endicia.