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AGREEMENT FOR SERVICES

Welcome to the Logistics For Hire (and/or “L4H”) Experience. Take control and streamline all your merchant fulfillment needs and more. Please read these Terms of Service carefully as they are binding. Logistics For Hire makes being a web merchant a simple and exciting experience. We look forward to helping your company maximize profits and navigate the dynamic world of e­commerce. As you are likely aware, Logistics For Hire offers many products and services. We at Logistics For Hire will take the time necessary to tailor the right product for your needs. As such, individual services may require another agreement.

TERMS OF SERVICE

  1. Account Terms
    • 1.1 Setup Fee
      • Merchant is required to pay a one-time setup fee as indicated in Appendix A.
      • This one-time setup fee is nonrefundable.
      • The setup fee must be paid in full prior to L4H commencing any work for the Merchant.
    • 1.2 Monthly Fee
      • Merchant is required to pay a monthly fee as indicated in Appendix A.
      • Merchant must leave a valid credit card on file with L4H at all times during the life of this agreement.
      • Merchant agrees that Logistics for Hire will auto-renew at the agreed-upon monthly rate on the first of every month for the duration of this agreement unless otherwise canceled in accordance with the terms of section two.
  1. Cancellation
    • 2.1 Cancelation procedure
      • Cancelation must be made in writing to L4H.
      • Cancelation must be made thirty (30) days prior to the auto renewal or billing date.
      • Any cancellation received within thirty (30) days of the auto renewal date will be cancelled on the next renewal date or billing cycle. Notification of cancelation can be submitted by email to support@logisticsforhore.com or via email to Logistics for Hire, 1167 US Highway 22 Mountainside, NJ 07092.
      • L4H will maintain Merchant account data for 120 days.
      • Following the 120-day period L4H may, in its sole discretion, permanently delete Merchant’s account, including any data, which will require another setup fee should Merchant wish to reinstate the account.
  1. Reinstatement
    • 3.1 Terms & Conditions
      • For any reason whatsoever, if payment is not received by L4H within ten (10) days of the auto renewal date, Merchant’s account will enter default status.
      • Upon entering default status, Merchant must pay all monies due to reinstate the account.
      • In addition, if Merchant account enters default status, there will be a reinstatement fee of $99.99, which must be paid in full prior to reinstatement.
      • After 120 days in default, L4H may, in its sole discretion, permanently delete Merchant’s account, including any data.
      • L4H is not liable for any actions or consequences resulting in the deletion of data pursuant to these Terms of Service. Merchant agrees to indemnify L4H for any and all liabilities arising out of or related to the deletion of Merchant’s data if Merchant data is deleted pursuant to this agreement.
  1. Account Freeze
    • 4.1 Terms & Conditions
      • Merchant may voluntarily elect to freeze their account for a period of up to six (6) months.
      • During the period in which the account is frozen, Merchant is not required to pay the monthly fees associated with the account.
      • Merchant must pay a reinstatement fee of $99.99 in full to unfreeze the account prior to the unfreeze date set by the Merchant. Requests for reinstatement can be submitted by email to support@logisticsforhire.com or via mail to Logistics for Hire, 1167 US Highway 22 Mountainside, NJ 07092.
      • Merchant may only invoke this clause once every three (3) years.
  1. Merchant Responsibilities
    • Merchant must fully respond in a timely manner to all of L4H or its agent’s questions and directives. Merchant fully agrees to provide the necessary cooperation with L4H.
    • Merchant agrees that any failure to abide by L4H directives or any failure to fully cooperate will waive any and all claims against L4H, its agents, successors, and/or any affiliated entity.
    • Logins and Passwords must be stored by Merchant in a secure manner. This information should only be shared with parties that are trusted and necessary. L4H is not responsible for any unauthorized access or security breaches due to Merchant’s failure to properly secure this information.
    • Merchant must change their password every three months and use every reasonable effort to safeguard this information.
    • L4H will take every reasonable precaution to prevent any security breaches, however, L4H cannot guarantee complete security due to the nature of the internet and e­commerce. As such, L4H is not responsible for any security breaches. In the event of a breach L4H will make every reasonable effort to correct and cure the breach as quickly as possible.
    • L4H software is only intended for uses permitted by law. L4H is not responsible if Merchant uses L4H’s services  in a manner not permitted by law, this includes but is not limited to the sale of counterfeit merchandise, violation of tax laws, selling of illegal arms or products and illegal distribution or products to minors. L4H does not condone nor approve of any such actions and reserves the right to cancel Merchant’s service in the event Merchant breaches this provision.
    • All agents, employees, or successors of Merchant are bound by this agreement.
  1. L4H’s Responsibilities
    • Upon receipt of necessary and full payment, L4H will fully setup, install, and coordinate Merchant’s Logistics For Hire package.
    • L4H will provide 24 hour customer support and make every reasonable effort to assist Merchant.
    • L4H will ensure that all platforms agreed to in this agreement will be set up and working within a 60 day period.
    • L4H will not be responsible for failing to timely address a Merchant’s issue, if Merchant is in non­compliance with any of the terms and conditions of this agreement and/or if Merchant fails to fully cooperate with L4H, its agents, and the like.
    • L4H reserves the right to cancel or modify Merchant’s service at any time if L4H determines at their sole discretion that Merchant is in violation of any provision in the Terms of Service.
  1. Full Disclaimer
    • Logistics For Hire is provided without any guarantees or warranty. L4H makes no warranties of any kind, either expressed or implied, including but not limited to the warranties of Merchantability, fitness for a particular purpose, of title, or of non­infringement of third party rights. Use of the product by a user is at the user’s risk.
    • Due to the rapidly changing technology of internet sales, web marketplaces, information technology, SEO development, etc., sales and performance results cannot be guaranteed.
    • L4H is not liable for any direct, indirect, incidental, consequential or exemplary damages, relating to the use or inability to properly use L4H’s services. This includes the Merchant and any and all third party suppliers, affiliates, agents, partners but not limited to said parties.
  1. Futher Assurances
    • Each of the parties, from time to time, at the request of the other, shall execute, acknowledge and deliver to the other any and all further instruments and take such steps which may be reasonably required to give full force and effect to the provisions of this agreement.
  1. Entire Understanding
    • This Agreement contains the entire understanding of the parties. There are no representations, warranties, covenants or undertakings other than those as expressly set forth herein.
  1. Entire Understanding
    • A modification or waiver of any of the provisions of this Agreement shall be effective when and only if made in writing and executed with the same formalities as this Agreement. The failure of either party to insist upon strict performance of any of the provisions of this Agreement shall not be construed as a waiver of any subsequent default of the same or similar nature.
  1. Sites and Exclusive Jurisdiction
    • The place(s) of execution of this Agreement shall have no bearing on the law governing its interpretation; Merchant hereby also agrees and stipulates that should any further or additional proceedings be required or instituted toward this Agreement or the enforcement thereof that same shall be filed and litigated in the Superior Court of New Jersey, Union County and pursuant to the law of the State of New Jersey.
  1. Intellectual Property
    • Any information, know­how, data, results, and inventions, and any associated intellectual property, that is made, discovered, created, invented or generated by L4H, its agents, or affiliates in any activities or work under this Agreement shall be owned by L4H and may not be used or distributed by Merchant without express written permission.
  1. Article and Sub-Part Headings
    • The headings of the several articles and sub divisions of this Agreement are inserted solely for the convenience of reference and shall have no further meaning, force or effect.
  1. Severability
    • If any provision contained in this Agreement, either in whole or in part, is deemed or held to be invalid or unenforceable by any court of competent jurisdiction, the remainder of any partially declared invalid or unenforceable provision and all other provisions of the Agreement shall, nonetheless, remain and continue in full force and effect.