Last updated: December 28th 2017
Welcome to SOVA Systems. Please read on to learn the rules and restrictions that govern your use of our website(s), products, services and applications (the “Services”). If you have any questions, comments, or concerns regarding these terms or the Services, please contact us at info@sovasystems.com.
These Terms of Use governing shipping through use of the Services (the “Terms”) are a binding contract between you and SOVA Systems. (herein referred to in this document as "SOVA Systems", “SOVA”, “we” and “us”). You must agree to and accept all of the Terms, or you don’t have the right to use the Services. Your use of the Services in any way means that you agree to all of these Terms, and these Terms will remain in effect while you use the Services. These Terms include the provisions in this document, as well as those in the Privacy Policy which can be found on our website.
SOVA is engaged in the service of providing online courier solutions. SOVA as a courier solutions provider has engaged the services of “Shippo” as an intermediary for finding the lowest shipping rates available.
Shippo Services allow you to find, compare, select and buy courier services for shipping documents and goods nationally and internationally. You may use the Services of Shippo to purchase postage from a third-party mail service or courier (“Courier”). Shippo serves as an intermediary between you and your selected Courier. Shippo does not transport or deliver shipments and Shippo is not a party to any contract you form with a Courier to pick up, transport, or deliver your shipments.
SOVA, Shippo, or its subsidiaries as service links are not liable for any service failure incurred by the courier(s) who’s services are made available to you. We have provided the terms and conditions of service for the courier as a reference service to our customers, and by the use of this site/indicating your agreement to be bound by the terms and conditions of this Agreement, you have entered into a legal binding agreement with SOVA.
You represent and warrant that you are of legal age to form a binding contract (or if not, you’ve received your parent’s or guardian’s permission to use the Services and gotten your parent or guardian to agree to these Terms on your behalf). If you’re agreeing to these Terms on behalf of an organization or entity, you represent and warrant that you are authorized to agree to these Terms on that organization or entity’s behalf and bind them to these Terms (in which case, the references to “you” and “your” in these Terms, except for in this sentence, refer to that organization or entity).
You will only use the Services for your own internal, personal, use, and not on behalf of or for the benefit of any third party, and only in a manner that complies with all laws that apply to you. You will ensure that the information you supply to us in connection with purchasing postage or otherwise ordering Courier services is complete and accurate. If your use of the Services is prohibited by applicable laws, then you aren’t authorized to use the Services. We can’t and won’t be responsible for your using the Services in a way that breaks the law.
All dollar amounts shown in this document are in United States dollars unless otherwise indicated.
What do I need to know about interacting with Couriers and other third parties through the SOVA website, and specifically the Shippo interface?
The Services may contain links or connections to Couriers or other third party websites or services that are not owned or controlled by Shippo. Our display on or through the Services of delivery service options offered by third parties does not in any way imply, suggest, or constitute any sponsorship or approval of us by any such Courier or any affiliation between any such Courier and us. Our display of specific options does not suggest a recommendation by us of the Courier or its delivery options. You agree that we are in no way responsible for the accuracy, timeliness or completeness of information it may obtain from these Couriers. Your interaction with any Courier or other third party found on or through our Services, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, is solely at your own risk. You agree that SOVA and Shippo will have no liability with respect to the acts, omissions, errors, representations, warranties, breaches or negligence of any Courier or other third party or for any personal injuries, death, property damage, or other damages or expenses resulting in any manner from your interactions with any Courier.
You agree to abide by the terms or conditions of purchase imposed by any Courier with whom you elect to deal. The circumvention of a Courier’s rules is prohibited. The use of prohibited practices may result in the termination of your account on the Services, the Courier taking actions including the cancellation of a service order, denied delivery, additional charges to your credit card, additional charges collected at the delivery or collection, or future invoicing.
If there is a dispute between participants on this website, or between users and Couriers or any other third party, you agree that SOVA, Shippo or any other third party used in the fulfillment of these courier services is under no obligation to become involved. In the event that you have a dispute with one or more other users, you release SOVA , Shippo, its officers, employees, agents, and successors from claims, demands, and damages of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and/or our Services. If you are a California resident, you shall and hereby do waive California Civil Code Section 1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which, if known by him or her must have materially affected his or her settlement with the debtor."
International refers to all worldwide destinations, including the Canada and Mexico, unless otherwise stated. Package refers to any single container or envelope accepted by the courier for delivery. Receiver or Consignee refers to the person to whom a Shipment is being sent. Shipment refers to one or more Packages moving under a single, shipping document. Customer refers to the party contracting with SOVA for services. Source Document means a computer document provided by SOVA for the purpose of shipping a Package. Rates refers to the online published rates of shipping for SOVA Systems Services
Commodities Handled and Restrictions upon Service
The courier offers transportation of general commodities subject to the following restrictions:
Maximum Weight and Size
SOVA may, in its sole and absolute discretion, not accept or may refuse to provide service in respect to any Package or article:
Maximum Declared Value
Subject to the limitations set out below, the maximum Declared Value for Carriage that a Shipper may make is:
If no Declared Value for Carriage amount is entered by the customer for a Package or Shipment, then the couriers’ maximum liability for that Package or Shipment is $100
Any effort by the customer to declare a value in excess of the maximum amounts stated above shall be null and void. The acceptance for carriage by SOVA or the designated courier of any Shipment bearing a Declared Value in excess of the maximum amounts does not constitute a waiver of this provision.
Any Declared Value must be declared in US currency (USD). For international Shipments, the Declared Value for Carriage cannot exceed the Declared Value for Customs.
Prohibited Articles
The following articles are prohibited by SOVA . In the event that any such prohibited article enters the SOVA database, this does not constitute a waiver on the part of SOVA and the designated courier shall have no liability whatsoever for delay, loss or damage to any such article, even if the customer has entered a Declared Value on the computer shipping document.
Articles Prohibited by SOVA for Shipping within the United States and Internationally. Customers are prohibited from shipping articles of unusual value by the designated courier. Articles of unusual value shall be deemed to include, but are not limited to:
Additional Articles Prohibited by SOVA and the designated courier for Shipping Internationally:
Articles Requiring Pre-approval for Shipping within the United States, Internationally or Both
Dangerous Goods
Dangerous Goods that are regulated by the International Civil Aviation Organization (ICAO) as published in the International Air Transport Association (IATA) Dangerous Goods Regulations and the Canadian Transportation of Dangerous Goods Act and Regulations are accepted for transportation only as a pre-arranged, separately contracted service. Restrictions apply on commodities carried, quantities and available transportation services. Road and rail shipments originating in the United States can be prepared in accordance with the 49 Code of Federal Regulations (CFR), Hazardous Materials Regulations. The 49 CFR Hazardous Materials Regulations have similar provisions for road and rail shipments originating in Canada that are destined to the United States (see part 171 for more details). The 49 CFR must be consulted for the conditions and limitations.
Parts 9 and 10 of the Canadian TDG Regulations state that dangerous goods that originate in the United States and are transported by road or rail to a destination in Canada or to a destination in the United States through Canada may comply with the classification, marking, labeling, placarding and documentation requirements of 49 CFR.
Firearms
Shipments containing firearms will be not be accepted for transportation.
Prohibited by Law
No service shall be rendered by SOVA or its designated courier in the transportation of any Shipment that is prohibited by law or regulation of any federal, state, provincial, or local government in the origin country or destination country.
Right of Inspection
The designated courier reserves the right to open and inspect any Package tendered to it for transportation, but is not obligated to do so.
Refusal of Packages
SOVA or its designated courier reserves the right to refuse any Package that by reason of the dangerous nature or any other character of its contents is liable, in the judgment of SOVA Systems, to soil, taint, or otherwise damage other merchandise or equipment, or that is economically or operationally impractical to transport, or that is improperly packaged, wrapped or labeled.
Providing Address information
Every item to be returned must have complete location of left items and delivery details including postal code or Zip code, contact names, telephone numbers.
The courier cannot deliver to a P.O. Box number. Designated addressing requires a street address including apartment/suite/unit number and the receiver's telephone number.
A Rural Route number is acceptable if the receiver's full name and telephone number are clearly indicated.
Special Handling of Undeliverable Domestic or International Packages
If the requested returned Package is refused by the designated customer, the courier will retain the Package for a period of time determined at its sole discretion, but no less than thirty (30) days, and the courier reserves the right to dispose of the Package thereafter.
Agent for Customs Clearance
When a Shipment is imported into Canada, the courier may act as the agent for customs clearance, where allowed by law. In effect, the courier is specified as the nominal Consignee for the purpose of designating a customs broker to perform customs clearance. Local authorities may require documentation confirming that the designated courier has been requested as the nominal Consignee.
Three Delivery Attempts
If the designated courier is unable to complete the delivery of a Shipment, a notice will be left at the customers address stating that a delivery has been attempted. On the second business day and, if necessary, on the third business day, the courier may attempt to deliver the Shipment without additional charge. If a signature is required on a Package, the designated courier’s service provider is otherwise unable to Driver Release a Package, it may be delivered to a neighboring address. The service provider will obtain a signature from the neighbor when completing an indirect delivery.
Proof of Delivery
The customer will be notified of the progress of the shipment at various points in the delivery process. SOVA Systems will make every effort possible to provide any information available to the customer for the satisfactory delivery of the returned item.
Customs clearance must be performed by the courier or its designee.
Responsibility for Loss or Damage
SOVA automatically protects against loss or damage of a Package or Shipment up to a value of $100. If the customer wishes to declare a value greater than $100 for a Package, the greater Declared Value must be entered on the SOVA computer shipping documentation and insurance purchased from a third party from the SOVA website. The rules relating to liability established by the Convention for the Unification of Certain Rules Relating to International Carriage by Air signed at Warsaw, Poland, on October 12, 1929, and any amendments thereto, may apply to the carriage of international Shipments. In connection with a damaged Shipment, the customer must retain the original packaging until an inspection can be completed by the courier or its agent.
Warranty Disclaimer
Neither Shippo nor its licensors or suppliers makes any representations or warranties concerning any content contained in or accessed through the Services, and we will not be responsible or liable for (i) the accuracy, copyright compliance, legality, or decency of material contained in or accessed through the Services, (ii) any failure or delay in purchasing postage or delivering shipments (including, without limitation, any failure or delay arising from the use of or inability to use any part of the Services), or (iii) the performance or non-performance by a Courier or any other provider of postage or delivery services arranged through the Services. We (and our licensors and suppliers) make no representations or warranties regarding suggestions or recommendations of services or products offered or purchased through the Services. Products and services purchased or offered (whether or not following such recommendations and suggestions) through the Services are provided “AS IS” and without any warranty of any kind from Shippo or others (unless, with respect to such others only, provided expressly and unambiguously in writing by a designated third party for a specific product). THE SERVICES AND CONTENT ARE PROVIDED BY SHIPPO (AND ITS LICENSORS AND SUPPLIERS) ON AN “AS-IS” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Limitation of Liability
SOVA or the designated courier shall not be liable for any special, indirect, incidental, consequential, or punitive damages (collectively, the "Consequential Damages") including, but not limited to, loss of profit or revenue incurred by the customer as a result of the couriers acts or omissions, including but not limited to, gross negligence, negligence causing damage, failure to deliver, loss or theft of or damage to the Shipment, or late or delayed Shipment.
In any such event, SOVA ’ liability shall be limited to a refund of the shipping charges. This limitation of liability applies to all Shipments, notwithstanding that the customer has completed the Declared Value section on the SOVA web form.
In no event shall SOVA or the courier be liable for any Consequential Damages even if SOVA or the courier or its employees are advised in advance of the possibility of such damages.
SOVA or the courier will not be responsible for the loss or damage to perishable commodities or commodities requiring protection from the heat or cold to the extent that the loss or damage results from exposure to heat or cold or the perishable nature of the items.
Interruption of Service
Without limiting the generality of the limitations of liability herein, SOVA or the courier shall not be liable for any interruption of delivery service due to a cause beyond the courier’s control, or due to strikes, lockouts, or labor disputes.
Sales Tax
All applicable federal and state sales tax as required by law will be included on all charges.
Currency Conversion Rate
Charges to the payer's account in a foreign currency will be converted to the payer's currency using a weekly exchange rate secured through major banks, plus an exchange fee percentage of the amount converted, applicable at the time of shipping.