These Terms of Service ("Terms") govern your access to and use of the websites, software, applications, and services (collectively, the "Services") provided by Logistek, Inc. ("Logistek", "we", "us", or "our"). By using the Services, you agree to be bound by these Terms.
1. Services
Logistek provides logistics technology and supply chain services, including but not limited to first-mile consolidation, export documentation and clearance, international freight (sea and air), customs brokerage in the United States and European Union, air recovery, last-mile delivery, warehousing, and fulfillment. Specific scope, rates, and service levels for any engagement are set out in a separate written agreement, statement of work, or rate sheet between you and Logistek.
2. Eligibility and Account
The Services are intended for business use. You represent that you are at least 18 years old and have the authority to bind the entity on whose behalf you are using the Services. You are responsible for maintaining the confidentiality of any login credentials and for all activities that occur under your account.
3. Customer Obligations
- Provide accurate and complete shipment, commodity, and recipient information.
- Ensure goods tendered for shipment are lawful and properly described, packaged, labeled, and documented.
- Comply with all applicable export, import, customs, sanctions, and product-safety laws.
- Pay all invoiced fees, duties, taxes, and lawful surcharges in accordance with the agreed payment terms.
4. Prohibited Shipments
You may not tender to Logistek any shipment that is prohibited or restricted under applicable law, including hazardous materials not declared and accepted in writing, controlled substances, currency, live animals (except as expressly agreed), human remains, weapons or ammunition not lawfully permitted, or any item subject to sanctions or export controls without proper authorization.
5. Rates, Invoicing, and Payment
Fees are set out in the applicable rate sheet or statement of work. Unless otherwise agreed, invoices are payable within thirty (30) days of the invoice date. Late payments may accrue interest at the lesser of 1.5% per month or the maximum rate permitted by law. Disputes regarding invoices must be raised in writing within thirty (30) days of receipt.
6. Liability
Except as otherwise agreed in a written contract or as required by mandatory international convention (including the Montreal Convention, the Warsaw Convention, COGSA, or CMR as applicable), Logistek's liability for loss, damage, delay, mis-delivery, or non-delivery is limited as set out in the applicable transport-mode conventions and Logistek's standard trading conditions. Cargo insurance is available upon request and is strongly recommended.
7. Limitation of Liability
To the maximum extent permitted by law, Logistek shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or for any loss of profits, revenue, data, or business opportunities, arising out of or related to the Services, even if Logistek has been advised of the possibility of such damages.
8. Indemnification
You agree to defend, indemnify, and hold harmless Logistek, its affiliates, officers, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising out of or related to your breach of these Terms, your shipments, or your violation of any law.
9. Confidentiality
Each party agrees to keep confidential any non-public information disclosed by the other in connection with the Services, and to use such information solely for the purposes of performing or receiving the Services.
10. Termination
Either party may terminate an engagement for convenience on thirty (30) days' written notice, unless otherwise agreed in writing. Logistek may suspend the Services immediately for non-payment, material breach, or to comply with applicable law.
11. Governing Law
These Terms are governed by the laws of the State of Delaware, United States, without regard to its conflict of laws provisions. The parties consent to the exclusive jurisdiction of the state and federal courts located in Delaware for any dispute arising out of or related to these Terms.
12. Changes
We may update these Terms from time to time. Material changes will be posted on this page with a revised "Last updated" date. Continued use of the Services after changes take effect constitutes acceptance of the revised Terms.
13. Contact
Questions about these Terms can be sent to paul@logistek.io.