Terms and Conditions
1. PRICING AND PROMOTION
PRICING: Your service fee will be calculated based on the service plan that you select. Customers are responsible for the cost of the postage itself. A monthly billing cycle ends one month after you sign up. For example, if you sign up on March 8 the first billing cycle ends April 7, and the second billing cycle begins on April 8. If you sign up on the 29th, 30th, or 31st the beginning of your second and future billing cycles will be on the 1st, 2nd, and 3rd respectively.
PROMOTIONAL TERMS: Some plans include a promotional offer. If the plan that you select includes a promotional offer (for example, a free scale or free postage), you are limited to one such promotional offer, which may consist of a single or multiple items. You understand that any promotional item may be provided by either Stamps.com itself or, in Stamps.com's sole discretion, its vendor(s). You further understand that you may receive, in lieu of any actual promotional item, a voucher that you can redeem to receive such promotional item. After registration, Stamps.com may send you an email, prompting you to have a promotional item sent to you. The promotional offer that you have received may not be combined with any other offer or promotion, and is not transferable and cannot be exchanged or redeemed for cash. Limit: one (1) promotional offer per customer.
FREE POSTAGE OFFERS: Free postage offers that you may earn in any Stamps.com promotion will be granted and shall expire pursuant to the terms of that applicable promotion. All free postage shall expire and be deemed forfeited upon cancellation of your Stamps.com account. Under no circumstances will you be entitled to a credit, cash refund, or other reimbursement for unused or expired free postage. Other than as set forth in any free postage offer you may receive, customers are responsible for the cost of the postage itself.
TERMINATION TERMS: So long as you have at least $1.00 in postage remaining in your account, postage you have purchased will be refunded in accordance with our procedure to maintain your postage balance for a period not to exceed 15 months. You may also request an immediate refund of your postage balance when you call to end your account. However, if you have unpaid service fees, the postage refund will not be provided immediately (see Unused and Misprinted Postage below). The free postage and, if applicable, monthly service fee credit you received from Stamps.com may not be redeemed for cash, and such free postage and credit shall be null and void. In addition, the following terms shall apply as applicable to your service plan:
TRIAL OFFERS: If the plan that you select includes a Trial Offer (e.g., the "4 week No-Risk Trial"), this offer allows you to use our service without charge during the period of time specified in your trial, beginning from your commencement date, before incurring any responsibility to pay the usual service fee.
FOR THE MONTHLY SERVICE PLAN AND THE TERM PLAN, THE FIRST MONTH IS NOT A FREE MONTH AND SUCH MONTH IS BILLED TO YOU. TO AVOID THE SERVICE FEE FOR THE FIRST MONTH, YOU MUST CANCEL YOUR ACCOUNT WITHIN YOUR TRIAL PERIOD. TO AVOID THE SERVICE FEE GENERALLY FOR YOUR SERVICE PLAN, AS APPLICABLE, YOU MUST CANCEL YOUR STAMPS.COM ACCOUNT BEFORE THE END OF THE TRIAL PERIOD, AS DEFINED IN YOUR OFFER.
2. PURCHASING AND BILLING
BILLING: The service fee and any additional fees will automatically be charged to the customer's credit card, debit card or collected via Direct Account Withdrawal from the Customer's bank account at the end of each billing cycle (unless the customer is entitled to a monthly service fee credit). At account registration, Stamps.com may check to verify that your credit card is valid for the service fees associated with your account. Actual service charges shall occur on the date for your monthly billing cycle. Please note that Stamps.com may receive updated billing information regarding your credit card account, debit card account or bank account from your financial institution and by accepting this Service Agreement you are consenting to such updating. Postage and product purchases as well as fees related to such purchases shall be applied to the customer's credit card at the time of purchase. A customer is allowed to print up to the amount of postage in his or her account that has successfully cleared, as long as all service fees have been paid. If any service fee payments cannot be completed successfully, the customer will be notified that his or her service will be temporarily suspended until all past balances have been paid.
If your payment method is a debit card, you are also opting to waive your rights under 12 C.F.R. 205.10(d) to receive ten days advance notice of the amount and date of all varying electronic fund transfers, so long as the transfer falls inside the range of $0.01 and the sum of any amounts you authorize for insurance, hidden postage labels or reset fees.
ACCOUNT DELINQUENCY: In the event your service fees are delinquent for three months or longer, your account may be subject to closure or suspension by Stamps.com, in its discretion. In the event of any closure of your account as a result of unpaid service fees, Stamps.com shall charge a $25.00 processing fee related to this account closure.
3. OTHER CUSTOMER EVENTS
UNUSED AND MISPRINTED POSTAGE: Stamps.com will credit an active customer's account equal to 100% of the value of the applicable postage face value unused and/or misprinted postage, as determined valid at Stamps.com's sole discretion in accordance with applicable USPS policies. Valid unused and/or misprinted postage shall be defined as an envelope, label, or label stock containing valid postage with full, intact Indicium which is scanable and unused. Postage handled and/or returned to sender shall not be considered valid unused and/or misprinted postage. In order for a customer to receive reimbursement for the unused and/or misprinted postage, they must submit an electronic request via the Web, complete the applicable USPS form, and mail the complete and original physical proof required to Stamps.com. Upon confirmation of the validity of the unused and/or expired postage and adherence to applicable Stamps.com and USPS policies, Stamps.com will credit the active customer's account. Customers whose service has been cancelled will be ineligible for reimbursement. Further, customers who have an outstanding balance of fees due Stamps.com will not receive their reimbursement until they have paid those outstanding service fees, termination fees and any other charges, as applicable. In addition, in the event you have outstanding fees owed to Stamps.com at the time of cancellation, Stamps.com may, at its discretion, deduct such unpaid fees against your postage balance.
ORDER ACCEPTANCE: Stamps.com reserves the right at any time after receipt of an order for products or services to accept or decline the order for any reason.
4. OTHER TERMS AND CONDITIONS
LOCATION, USER AND SIZE LIMITATIONS. The Stamps.com service governed by this service agreement may only be used at a single address, building or campus that is identifiable with a single 9 digit zip code. In addition, each authorized and unique service User ID is limited to one person in any given month and may not be shared by multiple persons. Finally, this service may not be used if your business has greater than 100 employees. In the event you have violated these Location, User or Size Limitations, a Stamps.com representative will attempt to contact you to reach agreement on an appropriate Corporate Account. Please visit the Stamps.com Corporate Accounts site for more information on services available for you.
Stamps.com may audit your use of the Stamps.com service governed by this service agreement to ensure that you are in compliance with the Location, User and Size Limitations. If Stamps.com ultimately determines, in its sole discretion, that you have violated the foregoing limitations, Stamps.com reserves the right to immediately suspend or terminate your service and collect from you the amount that you would have been required to pay under a Stamps.com Corporate Account.
CHANGE IN BILLING, PRICES/PROMOTIONS AND POLICIES: Stamps.com may change billing procedures prices/promotions and/or policies at any time or from time to time without advance notice. All such changes will be posted on the Stamps.com website, and customers' continued use of the Stamps.com website and/or service constitutes their affirmation that they have read and understood such notices and agree to the termscontained therein.
OTHER CONDITIONS ON USE: Use of the Stamps.com service is subject to the terms and conditions of an end-user license agreement that will be agreed to as part of the registration process. The Stamps.com service may not be used in violation of any law or in any way that interferes unreasonably with others' use of the service. Stamps.com reserves the right to verify the credit of all customers applying for the service. All transactions originating from a customer's account are the responsibility of such customer. By completing the registration process for the Stamps.com service, the customer agrees to pay all fees in accordance with the terms of the service plan selected by the customer. If a customer changes service plans, the customer agrees to be bound by the payment terms of the new plan. If the account is established for a business or other entity, the person establishing the account represents that he or she has all necessary authority to establish an account with Stamps.com on behalf of the business or other entity.
5. POSTAL POSTAGE ACCOUNT REQUIREMENTS
By entering into these PC Postage Terms and Conditions with Stamps.com, you acknowledge you are also entering into an Agreement with the United States Postal Service (USPS) in accordance with the Domestic Mail Manual (DMM) 604.4, Postage Payment Methods, Postage Meters and PC Postage Products (Postage Evidencing Systems or "PES") and you accept responsibility for control and use of the PES contained therein.
You also acknowledge you have read the Domestic Mail Manual 604.4, Postage Payment Methods, Postage Meters and PC Postage Products (Postage Evidencing Systems) and agree to abide by all rules and regulations governing its use.
Failure to comply with the rules and regulations contained in the DMM or use of the PES in any fraudulent or unlawful scheme or enterprise may result in the revocation of this agreement.
You further acknowledge that any use of this PES that fraudulently deprives the USPS of revenue can cause you to be subject to civil and criminal penalties applicable to fraud and/or false claims against the United States. The submission of a false, fictitious or fraudulent statement can result in imprisonment of up to five (5) years and fines of up to $10,000 (18 U.S.C. 1001). In addition, a civil penalty of up to $5,000 and an additional assessment of twice the amount falsely claimed may be imposed (3 U.S.C. 3802).
You further understand that the rules and regulations regarding the use of this PES as documented in the DMM may be updated from time to time by the USPS and it is your obligation to comply with any current and future rules and regulations regarding its use.
6. LEGAL DISCLAIMER
THE STAMPS.COM WEBSITE, THE STAMPS.COM SERVICE, THE STAMPS.COM SOFTWARE, INCLUDING ANY VARIATIONS THEREOF, ANY SITE LINKS AND ALL OTHER DOCUMENTATION ARE PROVIDED BY STAMPS.COM "AS IS". STAMPS.COM MAKES NO PROMISES, WARRANTIES, OR REPRESENTATIONS OF ANY KIND, AND STAMPS.COM SPECIFICALLY DISCLAIMS ALL WARRANTIES AND CONDITIONS, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, WITH RESPECT TO THE SUBJECT MATTER HEREOF, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. STAMPS.COM MAKES NO REPRESENTATION OR WARRANTY THAT THE OPERATION OF THE STAMPS.COM WEBSITE OR SERVICE WILL BE UNINTERRUPTED OR ERROR FREE OR THAT STAMPS.COM PRODUCTS AND SERVICES WILL BE AVAILABLE FOR PURCHASE FROM THE STAMPS.COM WEBSITE. WITHOUT LIMITING THE FOREGOING, STAMPS.COM ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY OF THE FOLLOWING: (I) ERRORS OR OMISSIONS IN THE CONTENT DELIVERED BY STAMPS.COM OR ON THE STAMPS.COM WEBSITE OR USER INTERFACES; (II) RECOMMENDATIONS OR ADVICE OF CUSTOMER SERVICE; (III) ANY FAILURE OR INTERRUPTION IN THE AVAILABILITY OF THE STAMPS.COM SERVICE AND/OR WEBSITE OR USER INTERFACES, (IV) DELIVERY AND OR DISPLAY OF ANY CONTENT CONTAINED ON THE STAMPS.COM WEBSITE, USER INTERFACES, OR OTHERWISE THROUGH THE STAMPS.COM SERVICE; AND (VII) ANY LOSSES OR DAMAGES ARISING FROM THE USE OF THE CONTENT PROVIDED ON THE STAMPS.COM WEBSITE, USER INTERFACES, OR OTHERWISE THROUGH THE STAMPS.COM SERVICE ITSELF, INCLUDING ANY LOSSES OR DAMAGES ARISING FROM DOWNLOADING OF RELATED SOFTWARE, DOWNLOADING AND/OR USE OF ANY OTHER SOFTWARE, OR ANY CONDUCT BY USERS OF THE STAMPS.COM SERVICE, WEBSITE OR USER INTERFACES.
7. DISPUTE RESOLUTION AND ARBITRATION AGREEMENT
For all disputes, you must first send to Stamps.com, by certified mail, a written Notice of your claim ("Notice"). The Notice to Stamps.com should be addressed to: Legal Department - Dispute Resolution, Stamps.com Inc., 1990 E Grand Ave., El Segundo, CA 90245 ("Notice Address"). If Stamps.com elects to seek arbitration, it will send, by certified mail, a written Notice to the address used for your membership account. A Notice, whether sent by you or by Stamps.com, must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought.
Following receipt of the Notice, we each agree to negotiate with each other in good faith about your claim provided in the Notice. If we do not resolve the claim within sixty (60) days after we receive the Notice, you may pursue your claim in arbitration or file a claim in small claims court. We each agree that if you fail to timely pay amounts due, we may pursue the claim directly or assign your account for collection, and the collection agency may pursue the collection of the past due amounts and any interest or cost of collection permitted by law or these Stamps.com PC Postage Terms and Conditions.
During the arbitration, the amount of any settlement offer made by Stamps.com or you shall not be disclosed to the arbitrator. You may download or copy a form Notice and a form to initiate arbitration at www.adr.org. If you are required to pay a filing fee, after Stamps.com receives notice at the Notice Address that you have commenced arbitration, it will promptly reimburse you for your payment of the filing fee, unless your claim is for greater than US$10,000. The arbitration will be governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (collectively, "AAA Rules") of the American Arbitration Association ("AAA"), as modified by this Agreement, and will be administered by the AAA. The AAA Rules and Forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by writing to the Notice Address. The arbitrator is bound by the terms of this Agreement. All issues are for the arbitrator to decide, including issues relating to the scope and enforceability of this arbitration agreement. Unless Stamps.com and you agree otherwise, any arbitration hearings will take place in the county (or parish) of your billing address. (If you reside outside of the United States, any arbitration hearings will take place in your country of residence at a location reasonably convenient to you, but will remain subject to the AAA Rules including the AAA rules regarding the selection of an arbitrator). If your claim is for US$10,000 or less, we agree that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds US$10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based. If the arbitrator issues you an award that is greater than the value of Stamps.com's last written settlement offer made before an arbitrator was selected (or if Stamps.com did not make a settlement offer before an arbitrator was selected), then Stamps.com will pay you the amount of the award or US$1,000, whichever is greater. Except as expressly set forth herein, the payment of all filing, administration and arbitrator fees will be governed by the AAA Rules.
YOU AND STAMPS.COM AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Stamps.com agree otherwise, the arbitrator may not consolidate more than one person's claims with your claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this arbitration provision shall be null and void. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim.