Terms of Service

ACCEPTABLE USE POLICY

The Acceptable Use Policy covers all shipments made from Asco Fulfillment facilities or on Asco Fulfillment shipping accounts whether through a user’s own web site, the Asco Fulfillment application, any online marketplace, or any other forum.

Asco Fulfillment reserves the right to take preventative or corrective actions to protect itself and its users at any time. Any user violating this policy voids any implied or express warranties and violates the Asco Fulfillment Terms. Violating this policy may also result in temporary or permanent limitation of a user’s Account, a held Account, termination of an account with 30 days’ notice, or immediate termination. This includes the inability to ship merchandise, to remove financial information from an account, and for users to close their Accounts as a way of evading the policy. Additionally, users whose Accounts are permanently limited for violating this policy are barred from future use of Asco Fulfillment and its services, and such users are not permitted to directly or indirectly open new or additional Asco Fulfillment Accounts on behalf of themselves or others. Please note, additional information on held Accounts and termination is provided in the Support section of this site. If you encounter violations of this policy, please report them to Asco Fulfillment immediately.

FULFILLMENT SERVICES AGREEMENT (U.S.)

THIS FULFILLMENT SERVICES AGREEMENT (“Agreement”) is entered into by and between Asco Global LLC, a Texas Limited Liability Company doing business as Asco Fulfillment and Company (“Company”). (“Company,” together with Asco Fulfillment, the “Parties,” and each a “Party”).

RECITALS

WHEREAS, the Company is in the business of selling and/or manufacturing certain Products; and

WHEREAS, Asco Fulfillment provides to various retailers and manufacturers direct-to-customer order fulfillment services, pursuant to which Asco Fulfillment provides storage, packing and shipping products to the retailer’s customers; and

WHEREAS, Company desires to retain Asco Fulfillment's services, and Asco Fulfillment desires to provide services to Company, subject to the terms and conditions of this Agreement; and

NOW, THEREFORE, in consideration of the mutual covenants, terms and conditions set out herein, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows:

1. APPOINTMENT

The Company hereby engages Asco Fulfillment to provide, and Asco Fulfillment hereby agrees, upon the terms and subject to the conditions set forth in this Agreement, to provide the Services (as defined below) to the Company for the duration of the Term and the Renewal Term described in Section 2. During the Term, and any Renewal Terms, the conduct of the Parties shall be subject to the terms and conditions of this Agreement, including conformance with the various ShipMonk policies www.ascofulfillment.com/pricing (“Pricing” or “Exhibit A”).

2. TERM

2.1 Term.  The term of this Agreement commences on the Effective Date and continues for the initial period of one (1) year, unless and until earlier terminated as provided under this Agreement or applicable law (“Term”). On expiration of the Term, this Agreement automatically renews for additional successive one (1) year terms unless and until either Party provides written Notice of termination at least thirty (30) days before the end of the then-current term, or unless and until earlier terminated as provided under this Agreement or applicable Law (each a “Renewal Term“). If the Term is renewed for any Renewal Term(s) pursuant to this Section, the terms and conditions of this Agreement, and any Exhibits attached hereto, during each such Renewal Term are the same as the terms in effect immediately prior to such renewal.

3.ASCO FULFILLMENT SERVICES

3.1 Services.  Asco Fulfillment shall provide the following services to the Company (collectively, the “Services”):

  1. Receive shipments from the Company of the Product

  2. Provide storage facilities for the Inventory in Asco Fulfillment’s warehousing facilities (“Warehouse”).

  3. Upon notification by the Company of a purchase of Products by a customer, Asco Fulfillment will pick and package the Products from the available Inventory, and ship such Products directly to the customer (“End-User”).

  4. Asco Fulfillment will use appropriate packaging material (i.e. bubble wrap, boxes with void fill, etc.) at its discretion.

  5. Upon request by the Company, Asco Fulfillment will include a Company packing slip, and/or other Company marketing materials concerning the Product, to be provided by Company.

  6. Asco Fulfillment will process, package and ship all Product orders in accordance with Asco Fulfillment Policies.

  7. Asco Fulfillment will maintain monthly ledger summaries of all orders shipped and received, which shall be made available to the Company through Asco Fulfillment billing.

  8. Asco Fulfillment will facilitate any Product returns from the End-User to the Company using Shipstation. 

  9. In addition to the above described Services, Asco Fulfillment shall perform any additional services, including special projects, that the Company desires Asco Fulfillment to perform, as more fully described on the attached Exhibit A, to be amended from time to time as agreed upon by the Parties.