Terms of Service

Agreement of Terms of Service

This Agreement of Terms of Service (henceforth called as Agreement) is entered between you or the organization you represent ("You"), and Tier-2 Systems LLC ("We"). This Agreement governs the terms of service provided under the brand name Tier2.FreightForwarder (hereafter referred as "Services") offered by Tier-2 Systems LLC at the website tier2systems.com.

By using Tier2.FreightForwarder services, you are explicitly agreeing to the terms of service mentioned in this Agreement below.

Trademark

Tier2.FreightForwarder name and Tier-2 logo are trademark property of Tier-2 Systems LLC. You agree to use this Trademark only after receiving explicit written permission from Tier-2 Systems LLC.

Description of Services

Tier-2 Systems LLC offers a variety of Services on tier2systems.com website. These Services may be accessed online using an Internet browser supported by these Services. These Services include Sales, Operation, Demurrage & Detention, Reports and Setup modules, all of them are features for Freight Forwarder business line. Tier-2 Systems LLC reserves the right to add or remove additional service modules, or even add or remove features in these modules, in the future.

You may use these services for personal and professional use. To use these services, you need to request an account on tier2systems.com website. You may create, edit or remove content within your account that you are authorized to use.

You may use one or more of the modules offered under these Services. The terms of this Agreement will apply to any of the modules you may choose to use.

Acceptance of the Terms

You must be of legal age in order to accept the Terms of this agreement. You may accept the Terms by clicking on a button indicating your acceptance of the terms or by payment of first subscription monthly invoice. Further, you are explicitly agreeing to the terms of this Agreement once you start using the Services.

User Account

For accessing the services offered at tier2systems.com, you need to sign up and create a user account. During the user sign up process, you agree to provide accurate information about yourself and your organization. We will be using your email address to verify your account and establish your identity as well as send you account access credentials such as passwords. You agree to provide a valid email address that will help in the account verification process.

Each user will be required to create their separate user account for using the services at tier2systems.com.

Each account will be allocated 1 GB space that can be used for uploading images, documents and other account related content. In case of several users these limits would be shared. If you need to use more than 1 GB space, please contact support@tier2systems.com.

Fees and Payments

Tier-2 Systems LLC will charge you for the services that you may use at tier2systems.com. The pricing details of these services are published at monthly invoices and sales proposals sent to you via e-mail. Once you sign up for our services and choose to purchase our services, you agree to make payments using a credit card. You will be required to submit information about a valid Credit Card that you want to use to make payments to Tier-2 Systems LLC.

For services offered in the SaaS (Software as a Service) form factor, you may be charged on a monthly basis as per the features and payment plan (nominated users) you choose. Your billing cycle starts on the day you sign up for our services. You agree to make these payments on a regular basis. Your credit card will automatically be charged as per your payment plan.

For any queries on fees and payments, please contact support@tier2systems.com.

Refund Policy

All Sales are final. If you choose to cancel our services at any time, you will not be refunded the amount corresponding to time left in your billing cycle.

Scheduled Maintenance

The services available at tier2systems.com will not be available between 0:30 am to 4:00 am (US EST) on every Saturday for scheduled maintenance.

Acceptable Use

You agree to use the services in a fair manner for your personal or professional use. You shall not transfer our services to another user or third party. You shall not resell our Services to other users without prior written permission from Tier-2 Systems LLC. You shall not provide additional services on top of our Services without prior written permission from Tier-2 Systems LLC. You shall not post links to third party websites without agreeing to their terms and conditions.

Spamming and Illegal Activities

You are solely responsible for contents that you upload, create or edit at tier2systems.com. You agree not to violate intellectual property rights of another user. You shall not use tier2systems.com for spamming or phishing activities. You shall not upload or create any material that is illegal, abusive, obscene, racist, or harmful in any way to other users of tier2systems.com. Tier-2 Systems LLC reserves the right to terminate your account and access to our services if we believe that you are using our website for any illegal activities.

Personal Information and Privacy

Please refer to our Privacy Policy on how we handle your personal information that you declare at tier2systems.com. Your user account and access credentials are private information that belongs to you. You are responsible for keeping this information private and confidential. We are not liable for any harm or monetary damage arising from theft or accidental loss of your account access information.

Designation of Technical Contacts (Key Users)

The Customer agrees to designate technical contacts, also referred to as "Key Users," at a ratio of 1 (one) technical contact for every 15 (fifteen) full users contracted. These contacts will be the only individuals authorized to contact our Help Desk for technical support. Key Users will be considered by Tier-2 Systems LLC as individuals with full powers assigned by the Customer to make requests on their behalf, except for contract termination, which will be the exclusive responsibility of the financial contact already designated in the Billing section. Tier-2 Systems LLC will respond to or instruct the execution of requests made exclusively by these contacts, ensuring authenticity, authority, and security in customer service.

Beta Program

Tier-2 Systems LLC may offer certain services under a Beta Program for market trials and customer evaluation purposes. For such Beta Programs, we have the sole authority to decide the nature and period of the Beta Programs. We reserve the right to convert the service under a Beta Program to a regular commercial service. If we decide not to convert the Beta program service into a regular commercial service, then you agree that we are not liable for any harm or monetary damage arising from discontinuing that service.

Your Feedback to Us

You assign all rights, title and interest in any Feedback You provide the Company. If for any reason such assignment is ineffective, You agree to grant the Company a non-exclusive, perpetual, irrevocable, royalty free, worldwide right and license to use, reproduce, disclose, sub-license, distribute, modify and exploit such Feedback without restriction.

Account Related Communications

Tier-2 Systems LLC will send out regular communications about your account status and the services that you may choose. This communication will be typically delivered via email. All administrative and account related communications are compulsory and you shall not opt-out of such communications.

Data Handling

During the course of using our Services, you may create, upload or edit content on our application environment, specifically in your tenant. This content will be considered as data owned by you. While you are the owner of this data, Tier-2 Systems LLC shall have the right to transmit, store, retrieve, archive or backup such data for efficiency and business continuity of our application environment.

Copyright

You may upload content to tier2systems.com that you hold copyrights for. You agree not to violate any copyrights in any form including plagiarism, posting other people's content without written permission from them, citations without due credit to sources, uploading documents without permission from document owners, and revealing other people's confidential information such as passwords, personal profiles and credit card information. In case of violation of copyright, Tier-2 Systems LLC reserves the right to terminate the user account and access to Services.

Disclaimer of Warranties

You understand and agree that you are using services from tier2systems.com at your own risk. The Services offered at tier2systems.com are on an as-is basis. Tier-2 Systems LLC does not make any warranty that our services will be continuous or uninterrupted. Tier-2 Systems LLC disclaims warranties of any kind arising from downloading any material from tier2systems.com including damages to your computer or mobile phone that you use to access these Services.

Limitation of Liability

You agree that Tier-2 Systems LLC shall not be liable for any losses or damages related to loss of business profits, interruption of business, loss of information or any other type of direct or indirect losses arising from use of our Services. Further Tier-2 Systems LLC shall not be liable for any losses or damages arising from prolonged non-availability of our Services due to whatever reasons. In such cases, you may choose to cancel our services. In all such cases, our liability will be limited to the fees that you have paid towards our services during the current month period.

For European Union (EU) Users

If You are a European Union consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident in.

United States Federal Government End Use Provisions

If You are a U.S. federal government end user, our Service is a "Commercial Item" as that term is defined at 48 C.F.R. §2.101.

United States Legal Compliance

You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a "terrorist supporting" country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.

Indemnification

You agree to indemnify and hold harmless Tier-2 Systems LLC, its officers, directors, and employees, from and against any losses and damages arising out of or relating to any claims that you have used the Services in violation of another party's rights as per terms in this Agreement.

Arbitration

Any controversy arising out of terms of this Agreement shall be settled in Delaware and in accordance with arbitration rules of the American Arbitration Association.

Suspension and Termination

We may suspend or terminate your account due to non-payment of fees. We may also suspend or terminate your account if we believe that you have violated terms of this Agreement related to Acceptable Use, Copyright, Spamming and Illegal Activities. We may suspend or terminate accounts that have been inactive for 3 months or more.

Modification of Terms of Service

We may modify the Terms from time to time. We will notify you of any such modifications to our terms of service. If you do not accept the modified terms of service, you may choose to discontinue with our services. If you choose to continue using our services, then you are explicitly agreeing to our new, modified terms of service.

Translation Interpretation

These Terms and Conditions may have been translated if We have made them available to You on our Service. You agree that the original English text shall prevail in the case of a dispute.

Changes to These Terms and Conditions

We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material We will make reasonable efforts to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion. By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the website and the Service.

Contact Us

If you have any questions about these Terms and Conditions, You can contact us by email: support@tier2systems.com.