Terms and Conditions for Shipper Registration Application
Mandatory Submission of Tax and Business Documents
To ensure compliance with federal and state regulations and to facilitate a seamless billing and payment process, shippers are required to provide the following essential documents as part of the registration process with LogisX:
a. IRS Form W-9: Taxpayer Identification and Certification
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Purpose: This form is used to accurately match your company's tax identity with all transactions conducted through the LogisX platform.
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Requirement: A fully completed and duly signed IRS Form W-9 must be attached. Please ensure that all information is current and corresponds with IRS records.
b. Business Certifications and Documentation
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Purpose: Additional documentation may be necessary to verify the legal status and operational authority of your business.
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Requirement: Include any pertinent business certifications, licenses, or documentation that substantiates your business's legal standing and qualifications. This may include, but is not limited to, articles of incorporation, business licenses, or industry-specific certifications.
c. Instructions for Submission:
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i. Format: All documents must be submitted in a clear and legible format. Electronic copies should be in PDF or a universally accessible document format.
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ii. Verification: LogisX reserves the right to verify the authenticity of the documents submitted. Any discrepancies may result in delays or the inability to finalize the registration process.
d. Confidential Handling:
All submitted documents will be treated with the utmost confidentiality and in accordance with LogisX's privacy policy and applicable data protection laws.
Acknowledgment of Completion:
By attaching these documents, shippers affirm that all information provided is accurate, truthful, and reflective of their current business operations. The submission of incomplete or inaccurate documentation may result in registration delays or denial.
Section 6: Acceptance of Fees and Payment Terms
1. Financial Agreement:
Upon registration, shippers agree to adhere to the financial obligations as outlined below. These terms are integral to the contractual relationship between LogisX and the shipper and reflect our commitment to transparent and fair billing practices.
2. Tender Fee Structure:
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a. Standard Tender Fee: A fixed fee of $79.99 will be levied for each load tendered through the LogisX platform. This fee is non-negotiable and is applied uniformly to all shippers to maintain a fair and competitive service offering.
3. Comprehensive Payment Terms:
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a. Immediate Payment Obligation: Invoices are generated with the expectation of immediate settlement. Prompt payment ensures the continued efficiency and reliability of the services provided.
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b. Late Payment Consequence: To encourage timely payments, a late payment charge amounting to 5% of the total outstanding invoice amount will be applied to invoices not settled within 10 days following the invoice date. This fee compensates for the administrative and operational costs incurred due to delayed payments.
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c. Good Faith Reminder: LogisX operates on a principle of good faith and fair dealing. We understand that occasional delays can occur and encourage shippers to communicate proactively to avoid incurring late fees.
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d. Invoice Processing and Schedule:
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i. Batch Invoice Delivery: Invoices will be systematically batched and issued on a bi-monthly schedule, specifically on the 1st and 15th of each month. This predictable schedule aids in financial planning and cash flow management for both LogisX and our valued shippers.
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ii. Electronic Invoice Delivery: Invoices will be delivered electronically to the email address provided by the shipper unless an alternative method has been arranged in advance.
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Acknowledgment of Financial Responsibility:
By proceeding with the registration process, shippers confirm their understanding and acceptance of these financial terms. This acknowledgment represents a binding commitment to fulfill all payment obligations in accordance with the schedule and terms detailed above.
Section 7: Legal Provisions
1. Non-Broker Declaration and FMCSA Compliance:
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a. Clarification of Role: LogisX unequivocally states that it is not a freight broker as defined under the regulations of the Federal Motor Carrier Safety Administration (FMCSA). LogisX's operations are confined to the provision of a digital platform designed to facilitate direct interactions between independent shippers and carriers. LogisX does not arrange for the transportation of freight but provides the technological means for shippers and carriers to enter into agreements for the movement of goods.
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b. Regulatory Compliance: In accordance with FMCSA regulations, specifically outlined in 49 CFR § 371.2, LogisX does not perform any brokerage services, does not handle the freight, and does not assume responsibility for the transportation of goods. LogisX is neither an intermediary nor a third-party in the transportation contracts created between shippers and carriers on its platform.
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c. Acknowledgment of Distinction: Shippers and carriers utilizing the LogisX platform acknowledge the distinction between the services provided by LogisX and those typically offered by a freight broker. By registering and engaging with the LogisX platform, users affirm their understanding that LogisX is not assuming the legal responsibilities of a freight broker and is exempt from the associated FMCSA broker registration requirements.
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d. Operational Boundaries: LogisX maintains strict operational boundaries to ensure compliance with FMCSA regulations. The platform is designed to be a passive conduit, offering tools and resources that enable shippers and carriers to make informed decisions independently. LogisX's commitment to regulatory compliance is unwavering, and the platform's functionalities are continually evaluated to align with the evolving landscape of transportation law and technology.
User Agreement:
By using the LogisX platform, all users agree to this declaration and confirm their understanding of LogisX's role as a neutral facilitator in the logistics industry. Users also acknowledge that they are responsible for ensuring their own compliance with all FMCSA regulations and any other applicable laws.
2. Amendments:
Any amendments must be in writing and signed by both parties.
3. Severability:
If any part of this agreement is found unenforceable, the remainder will continue in effect.
4. Confidentiality:
All shipper data will be kept confidential as per our privacy policy.
5. Data Protection:
We comply with all applicable data protection laws.
6. Termination:
Terms under which either party may terminate the agreement.
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a. Voluntary Termination by Shipper: Shippers retain the right to terminate their registration and discontinue the use of the LogisX platform at their discretion, without the imposition of any cancellation fees or penalties. This voluntary termination can be effected at any time, ensuring shippers have full control over their participation in the LogisX service.
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i. Process for Termination: To initiate termination, shippers must provide written notice to LogisX through the designated electronic communication channel or via written correspondence to the LogisX accounts department. The termination will become effective immediately upon LogisX's acknowledgment of the receipt of such notice.
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b. No Financial Penalty: LogisX emphasizes its commitment to flexibility and shipper autonomy by imposing no financial burdens associated with the termination process. There are no hidden fees, no penalties for early termination, and no mandatory notice periods, thereby allowing shippers to make business decisions that best suit their operational needs without concern for additional costs.
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c. Post-Termination Obligations: Upon termination, shippers are obligated to fulfill any outstanding financial obligations to carriers for services rendered prior to the termination date. LogisX will facilitate the completion of any pending transactions and the resolution of outstanding invoices in accordance with the agreed-upon payment terms set forth in Section 6 of this agreement.
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d. Confirmation of Termination: LogisX will provide the shipper with a confirmation of termination, which will serve as formal acknowledgment that the shipper's account has been deactivated and that they are released from any future obligations under the terms of the service agreement, except as noted above.
e. Reactivation of Service:
Shippers wishing to reactivate their account after termination must submit a new registration application, including all required documentation as outlined in Section 5. The reactivation process will be subject to the same verification standards as a new registration.
7. Governing Law:
This agreement shall be governed by and construed in accordance with the laws of the state in which LogisX is incorporated, without regard to its conflict of law principles.
8. Dispute Resolution:
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a. Negotiation: In the event of any dispute arising under this agreement, the parties agree to first attempt to resolve the matter through negotiation in good faith.
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b. Mediation: If negotiation fails, the parties agree to engage in mediation before pursuing any legal action.
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c. Jurisdiction: Any disputes not resolved through negotiation or mediation shall be resolved in the courts of the state where LogisX is incorporated.
9. Entire Agreement:
This document constitutes the entire agreement between LogisX and the shipper regarding the registration process and supersedes all prior agreements or understandings, whether written or oral.
10. Acknowledgment:
By proceeding with the registration process and utilizing the LogisX platform, shippers acknowledge that they have read, understood, and agree to be bound by these terms and conditions.
End of Terms and Conditions
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