This agreement is concluded between Courier Manager Software SRL, with the registered office in Bucuresti, Sector 5, Str Telita nr 15 camera 2, BL 120, SC 3, ET 2, AP 40, having the tax identification number RO39598512, Trade Register Number J40/9775/2018, email contact@couriermanager.com, represented by Radu FLORICICA, as Proxy, hereinafter referred to as PROVIDER, and yourself (either as a natural or legal person).
By creating an account on www.couriermanager.com (”Platform”) and/or by using the CourierManager web services ("Service"), you are agreeing to be bound by the following terms and conditions ("Terms of Service"). If you do not agree with this Terms of Service, you shall immediately: a) stop using the Service; or b) do not create an account.
If you are accepting these terms on behalf of another person or company or other legal entity, you represent and warrant that you have full authority to bind that person, company or legal entity to these terms.
The Provider reserves the right to update and change the Terms of Service. Any modification to these terms will be mentioned on www.couriermanager.com and/or will be communicated to you by email. The modified version of terms of Service will become effective no sooner than 15 days after it is communicated to you. However, changes addressing new functions for the Service or changes made for legal reasons will be effective immediately. If you do not agree to the modified Terms of Service, you should stop using Service and delete your Account.
Any new features that augment or enhance the current Service, including the release of new tools and resources, shall be subject to the Terms of Service. Continued use of the Service after any such changes shall constitute your consent to such changes.
Violation of any of the terms of this document will result in the termination of your Account.
2.1. When used in this Agreement, the following terms shall have the respective meanings indicated, such meanings to be applicable to both the singular and plural forms of the terms defined:
"Account" means the account created and used by you on the Platform in order to use the Service;
"Content" means any information provided by you on the Platform such as but not limited to any information regarding the office locations, courier names, delivery addresses and packages etc.; any personal data provided by you on the Platform. The Content will be available only to you and other users that you have shared the Content with;
"CourierManager" (CM) is a concept of the Provider which is presented as a software platform for courier companies and / or other companies with tangential courier activities. The project is based on facilitating the activity and business processes through shipping management, includes a mobile app to send and receive real-time field information, to photograph the receipt confirmation, etc., organizational and task planning features, and other tools that facilitate the activities and processes within a courier company.
"CM Software" is a program that contains instructions for your computer to run the software. In order to avoid any misunderstandings regarding the use of the CM, the CM Software also includes the source code and / or object code and / or any component part and / or any expression of the Software. By transferring the right of using the CM, one shall not transfer the real copyrights over the CM Software, nor over the source code and / or the object code and / or any other expression of the program, as said rights shall remain in the Provider's property, even in the situation in which the software will be tailored to the Beneficiary's requirements.
"Intellectual Property Rights" means all intellectual property rights wherever in the world, whether registrable or unregistrable, registered or unregistered, including any application or right of application for such rights (and these "intellectual property rights" include copyright and related rights, database rights, confidential information, trade secrets, know-how, business names, trade names, trademarks, service marks, passing off rights, unfair competition rights, patents, petty patents, utility models, rights in designs);
"Platform" means the website www.couriermanager.com and any subdomain of the couriermanager.eu domain where the Software can be accessed and used;
"Service" means the services provided in relation with the Software, namely the right to use the Software;
"Software" means the courier management software available at www.couriermanager.com;
"Terms of service" means this document, the Privacy Policy and any other related document available on the Platform;
"User" and/or "You" means the person who accesses and uses the Service, in the conditions stipulated under the Terms of Service.
3.1. By this agreement, the Provider undertakes to provide the right to use CM for the period and territory provided for in this Agreement, as well as hosting for the CM, CM application, maintenance services and backup facilities.
3.2. The right of use (license) provided for in art. 3.1. above does not equate with the transfer of copyright to CM or the CM application as defined in this Agreement and its appendices, pursuant to Law no. 8/1996. Nothing in this agreement shall limit in any way the Provider’s right to develop, use, license, create derivative works of, or otherwise exploit the Software, or to permit third parties to do so.
3.3. Maintenance services consist in, but not limited to, inspecting software products for maintenance, remedying errors, bugs found, configurations / reconfigurations to make them more efficient, and providing daily backups for the database in return for payment of a price by the User.
3.4. The above mentioned right of use does not have an exclusive character, as the right to use the same version of the CM will also be given to other users / courier companies by the Provider pursuant to Art. 75 of the Law no. 8/1996 on copyright and related rights.
3.5. In order to use the Service, you need to create an Account on the Platform and to be logged in when using the Service. In this respect:
a) You must be 18 years or older to create an Account and to use this Service;
b) You must be a human. Accounts registered by "bots" or other automated methods are not permitted and can be deleted without any prior notice,
c) You must provide your legal full name, a valid email address, and any other information requested in order to complete the sign up process. Any Account created using fake information will be deleted without any prior notice;
d) You are not allowed to create an account using personal information of third parties (natural or legal persons) unless you are empowered by that person to open an Account;
e) Your login may only be used by one person – a single login shared by multiple people is not permitted.
3.6. You are responsible for maintaining the security of your account and password. The Provider cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
3.7. You are responsible for all Content posted and activity that occurs under your account (even when Content is posted by others who have accounts under your account).
3.8. You may not use the Service for any illegal or unauthorized purpose and/or activity. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
3.9. You must not modify, adapt or hack the Service or modify another website so as to falsely imply that it is associated with the Service.
3.10. Activities such as phishing, cracking, hacking etc. which endanger the Platform and its Users, the server, and data security are strictly prohibited.
3.11. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service,
use of the Service, or access to the Service without the express written permission of the Provider.
3.12. You must not use the Software in order to create a product, service or software that is, directly or indirectly competitive with or in any way a substitute for any product, services, features and/or software offered by the Provider.
3.13. You must not upload, post, host, or transmit unsolicited email, SMSs, or "spam" messages by using the Service.
3.14. You must not transmit any worms or viruses or any code of a destructive nature.
3.15. Verbal, physical, written or other abuse (including threats of abuse or retribution) of any providers, customer, employee, member, or officer will result in immediate account termination.
3.16. The provider does not pre-screen Content, but the provider and its designee have the right (but not the obligation) in their sole discretion to refuse or remove any Content that is available via the Service.
3.17. Also, we may, but have no obligation to, remove Content and Accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property, the law, or these Terms of Service.
4.1. The Service is billed on a monthly basis, the price depending on the selected package from the ones provided at https://www.couriermanager.com.
4.2. Renewal invoices are issued automatically unless the account owner does not explicitly terminate the service.
4.3. The credit card on file is charged automatically by our billing system one day after an invoice is issued.
4.4. Users agree to pay all the costs that may incur in order to use the Platform and all financial loss resulted from the unauthorized use of the Account for operations on the Platform. You must pay any applicable taxes, and any applicable third-party fees (including, for example data plan charges, credit card fees or foreign exchange fees). We are not responsible for these fees.
4.5. There are no refunds.
5.1. By this Agreement, the Provider undertakes to provide the Beneficiary with:
a) the right to use the platform for the period of account validity;
b) providing maintenance services and backup facilities.
5.2. The right of use (license) provided above does not equate with the transfer of copyright to platform or the CM application as defined in this Agreement and its appendices, pursuant to Romanian Law no. 8/1996.
5.3. The agreement is concluded for the period of account validity from the date of creating the account.
6.1. The price is calculated according to the rates published on the site. The price can be adjusted monthly based on inflation and provider cost. Price may include costs for services used by the user and provided by third parties, such as sms messages or geocoding.
6.2. For each monthly amount due, the Provider will issue an invoice to the Beneficiary and send it to the e-mail address assigned to the account. The Beneficiary undertakes to pay on the basis of the invoices issued by the Provider the sum corresponding to the services, within 7 calendar days from the date of transmission of each invoice by e-mail.
6.3. Invoices are deemed to have been received at the time of the transmission of the email provided in art. 6.2. In the absence of a complaint sent by email within 4 business days of the invoice being sent, the invoiced amount is considered fully accepted.
6.4. Amounts invoiced and unpaid by the Beneficiary will be subject to late payment penalties of 0.3% per day of delay, calculated on the invoiced and unpaid amount. At the end of the due date, penalties begin to run as of right, and the debtor is legally given notice of default, no further notification being required.
6.5. As a means of payment, the price will be paid by bank transfer, to the Provider's account, indicated in this agreement.
6.6. No payment made by payment order (bank transfer) will be deemed to have been received until it has reached the Provider's bank account. If the payment date coincides with a Saturday or Sunday or a public holiday, the Beneficiary will take all necessary measures to ensure that payment is received by the Provider on the business day preceding that non-working day. If, for various reasons (e.g. malfunctions of the banking system, etc.), the Provider has not received in his account the amounts paid by the Beneficiary, the obligation to pay the respective amounts does not disappear, the latter being obliged to take care of the extinguishment of these obligations, with all that this implies.
6.7. If the Beneficiary delays the payment of an outstanding invoice with at least 30 (thirty) days from the due date, the Provider has the right to partially or totally suspend the operation until the remaining debt is paid.
6.8 Certain subscription levels allow for custom development. The Provider is in now way obligated to implement features requested by the Beneficiary. If implemented, the Provider may chose to charge the Beneficiary for the development of said features - that is, it is not obligated to develop custom features for free.
6.9. Features developed by the Provider at the request and indication of the Beneficiary are owned by the Provider. They can be made available to some or all users of the Software.
7.1. The service is provided on an "as is" and "as available" basis. Therefore, you acknowledge that your use of the Service is at your sole risk.
7.2. The Provider does not warrant that (i) the service will meet your specific requirements; (ii) the service will be uninterrupted, timely, secure, or error-free; (iii) the results that may be obtained from the use of the service will be accurate or reliable; (iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations; and (v) any errors in the Service will be corrected.
7.3. Also, the Provider does not warrant that the Content will be always available, always synchronized and updated and error free. Also, you understand that in extraordinary circumstances the Content can be lost, therefore we recommend you to always backup the Content you provide on the Platform.
7.4. Technical support is only provided to paying account holders with the appropriate subscription level, and is available via email, meanger and/or video call.
7.5. You will get answers to technical questions within one (1) week. Support shall refer only to Software's features, integration questions related to the Software's API and documentation clarification. Support does not include questions related to other programming languages or frameworks. Under no circumstances is the Provider compelled to fix Software's bugs, to perform custom development or to write code for the User.
7.6. You understand and acknowledge that Provider uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service.
7.7. You understand that the access to the Platform may be, from time to time, restricted because of the maintenance works, system updates or because we are adding new features.
7.8. You expressly understand and agree that the provider shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if the provider has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; (v) or any other matter relating to the service.
7.9. Exclusive remedy: In case of any breach of the above limited warranty, Provider will repair the prejudice, meaning that it will refund you the price paid for the Service in the month when the breach occurred. You acknowledge that the above warranties are your exclusive warranties and replace all other warranties or conditions, expressed or implied, including but not limited to warranties or conditions of merchantability, satisfactory quality, fitness for a particular purpose, title and non-infringement.
7.10. You declare that you will use the CM only for the purposes permitted by law and that you have all the necessary legal authorizations for data collection and processing as well as any necessary authorizations required by the legislation in force and that you are not insolvent, fiscally inactive or have any other fiscal problems.
7.11. You are directly responsible for the manner in which the CM will be used, and the Provider may not be held responsible for the manner in which it is used or for any damage caused to third parties through its use or applications, including the online payment processing tool.
7.12. By accepting the Terms of Service you declare that you agree to defend, warrant and indemnify the Provider and his partner in case of litigation (including IP and data protection claims/litigation) in which their civil or criminal liability may be held, also by supporting the litigation costs and legal fees, in case these claims are related to the use of the Platform, the infringement of the Terms of Service, Privacy Policy or any other binding document or breaking the law. Users agree that the Provider will not be held liable by any claims of third parties (including authorities) made regarding the use of the information and/or the content provided by the Users to the Platform.
8.1. The Provider reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice, including to delete and/or to add new functionalities to the Service and/or to the Software.
8.2. Prices of all Services, including but not limited to monthly subscription plan fees to the Service, are subject to change upon 30 days’ notice from us. Such notice may be provided at any time by posting the changes to the www.couriermanager.com site or contacting you by email.
8.3. The Provider shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.
9.1. Termination of the Account grants that no future charges will be executed on your credit card, unless you have any unpaid amount in relation with the use of the Service. Additionally, if the Account will be terminated you will not be allowed any more to use the Service. Any information available on your Account and all the Content attached to your Account will be deleted when the Account will be terminated.
9.2. The Provider, in its sole discretion, has the right to suspend and/or terminate your account and refuse any and all current or future use of the Service, or any other Provider service, for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all Content in your Account. The Provider reserves the right to refuse service to anyone for any reason at any time.
9.3. In the situation you breach any obligation stipulated under this Agreement and/or stipulated by the law (including you intend to fraud the Provider) the termination will be effective immediately without any prior notice. In any other situation, you will receive a 30 days’ prior notification by email before the termination of the Account. The termination will be effective when the 30 days’ term is met.
9.4. You are allowed to terminate your account anytime, by giving a 5 days’ written prior notification to the Provider. In this respect, if you want to terminate this Agreement you shall notify the Provider by email. The termination will be effective when the 30 days’ term is met.
10.1. Provider and/or his partners own all the intellectual Property Rights regarding the Software and the Service. Nothing in this Agreement shall operate to assign or transfer any Intellectual Property Rights to you.
10.2. The structure, organization and code of the Software are valuable trade secrets and confidential information of the Provider and/or his partners. The Software, including the Software`s logos and trademarks, are proprietary to the Provider and/or his partners and protected by applicable laws and by international treaties provisions.
10.3. You shall respect the Provider and/or his partners Intellectual Property Rights, as stipulated under this Agreement and the applicable laws and you shall not: a) make any modification, adaptation, improvement, enhancement, translation and/or derivative work from the Software; b) decompile, disassemble, reverse engineer, or attempt to decompile, disassemble or reverse engineer, the Software.
10.4. The User and its affiliates may not transfer, rent, lease, lend, sell, copy, redistribute or sublicense the Software to third parties. Any attempt to do so is considered a substantial breach of this agreement.
10.5. If you upload to the Platform content that is subject to copyright law, you agree to grant to the Provider a non-exclusive free licence, unlimited in time and space for all the royalties published on the Platform. By uploading the content you understand and agree that you grant this right to the Provider. Also, I warrant that you are the author and/or owner of the rights over the published content and that you have the right to publish it and you agree to waive all liability of the owner of the Provider regarding any complaints made by third parties regarding the content that you uploaded on the Platform.
11.1. The User undertakes to keep the confidentiality towards third parties and not to disclose in any form or by any means, in any way, by any method, either directly or indirectly, for its own benefit or for the benefit of another, materials, documents, data, information resulting from / afferent to / in relation to the following:
a) the content of these terms of service;
b) the concept and content of the Provider's development projects, including the CM;
c) the activity, the way of organization, the economic-financial situation, the production procedures, etc. of the parties;
d) the activity developed by the Provider in connection with the CM implementation and the maintenance of CM for the User;
e) contractual or other kind of relations of the Provider with third parties;
f) documents, transactions, data, business plans, work plans, projects, etc. which belong to the Provider and / or partners of the Provider.
11.2. The obligation undertaken by the User according to Art. 9.1. takes effect for the entire duration of this agreement as well as for a period of 3 years from the date of its termination for any reason.
11.3 The relatives, the spouse, the concubine, the friends, any other persons in the User's entourage are included in the category of third parties, in the sense of the obligation undertaken by them, according to art. 9.1.
12.1. The failure of the provider to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision.
12.2. Provider may assign its rights and obligations under this Agreement to any party for any reason whatsoever.
12.3. Any dispute arising under or in connection with this Agreement will be judged in accordance with Romanian laws. Any dispute arising under or in connection with this Agreement will be deferred to the competent courts.
12.4. The Terms of Service constitutes the entire agreement between you and the provider and govern your use of the Service, superseding any prior agreements between you and the provider (including, but not limited to, any prior versions of the Terms of Service).
12.5. You can contact the Provider at the following email address: contact@couriermanager.com.