The following terms apply to you only if you opt to use the bNd HS Code classification services:
reconciliation with international orders on your behalf. Notwithstanding
your enrollment in the bNd customs services, you are solely
responsible for and waive any claim against bNd for any of the following:
1- As part of the use of SaaS Products, personal data may be processed as part of the conclusion of a contract and the creation of a user account (e.g. contact name, company, address, business email address, business phone, merchant VAT identification number). The processing of this personal data is necessary to provide the service to the merchant. The data will be deleted as soon as it is no longer necessary to fulfill the purpose and there are no corresponding retention periods. The legal basis for this data processing is the performance of a contract in accordance with Article 6 Paragraph 1 Subparagraph 1-b GDPR.
2- Each time SaaS Products are called, our system automatically collects data and information from the connected computer system (the user's operating system, the user's IP address, date and time of access, information about the browser type and version used). Appropriate order processing agreements are concluded with the service providers, and appropriate safeguards are in place for any transfer to a third country, e.g. By concluding the Standard Contractual Clauses in accordance with Article 46(2) Subparagraph C GDPR. Server locations are mainly located in the Middle East and North Africa region. The address and GDPR are cached for the purpose of delivering the SaaS product to the user. For this purpose, the IP address must be stored for the duration of the session or use of the Platform or Services. Log files are stored for the purpose of ensuring the functionality of the SaaS product and to ensure the security of the systems. Data is deleted as soon as it is no longer needed to fulfill the purpose and there are no retention periods to the contrary. The legal basis for this data processing is our legitimate interest in accordance with Article 6(1) subparagraph 1 and the GDPR. Our legitimate interest is to ensure the functionality and security of the software.
3- The accuracy of the HS codes supplied, as bNd shall not be held liable for any
additional fees or expenses that result from inaccurate HS codes or an audit.
4- The verification of the commodities and documentation that you supply for a
shipment, ensuring such information matches the information originally supplied
for the landed cost quote. bNd will not be held liable for any costs incurred
for commodities that were not included in the landed cost quote.
5- Any additional duty and tax amount charged due to customs deeming the value of
goods to be higher than the value placed on the commercial invoice.
6- Any additional clearance fees billed to bNd due to your failure to supply and
provide appropriate documentation with your international shipment.
7- Any charges related to transactions that are not covered by the bNd HS Code classification services. A handling fee may be charged by bNd in connection with any such uncovered transaction.
8- bNd Classification allows bNd to propose classifications of your products using
HTS codes (of the Harmonized Tariff Code System). While bNd takes
reasonable commercial efforts in proposing the classifications, such
classifications are provided to you for informational purposes and bNd makes
no representation as to the accuracy, reliability or completeness of any proposed
HTS code(s). Accordingly, you are solely responsible to ensure the accuracy of
any HTS code(s) prior to any reliance on the codes proposed by bNd services.
09- bNd’s fee for providing classification services on an order is charged at the
time of the request. Amounts owed for duties, taxes, and fees on an order are
charged when the order is shipped and the tracking number submitted. Failure to
timely pay bNd’s fee or any of the other amounts due in connection with the classification services order will result in the suspension of your access to bNd Platform.
10- Although bNd has made reasonable efforts to ensure that outputs and data
provided through the Services are materially correct, accurate and reliable, bNd
makes no warranty as to such correctness, accuracy, or reliability, it being agreed
and understood that such information and/or data is being provided on an “as is”
and “as available” basis. Thus, in the event of error or omission, bNd shall not
be liable to you in any way, and you hereby release bNd from any and all
liability with respect to such information and data even if you contend that bNd
knew or should have known of the existence of any such inaccuracy.
11- You are solely and entirely responsible for the results of your use of the bNd
Platform and the Services. bNd shall have no responsibility for the accuracy of
the information provided by or to you through the bNd Platform or the Services.
12- You understand that we cannot and do not guarantee or warrant that any files
available for downloading from the internet or the website will be free of viruses
or other destructive code. You are responsible for implementing sufficient
procedures and checkpoints to satisfy your particular requirements for anti-virus
protection and accuracy of data input and output, and for maintaining a means
external to our site for any reconstruction of any lost data. TO THE FULLEST
EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY
LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE
ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL
MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT,
COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL
DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS
OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF
ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
13- YOUR USE OF THE bNd PLATFORM, CONTENT, AND ANY
SERVICES OR ITEMS OBTAINED THROUGH THE bNd PLATFORM IS
AT YOUR OWN RISK. THE bNd PLATFORM, CONTENT, AND ANY
SERVICES OR ITEMS OBTAINED THROUGH THE bNd PLATFORM
ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS,
WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR
IMPLIED. NEITHER WE NOR ANY PERSON ASSOCIATED WITH US
MAKE ANY WARRANTY OR REPRESENTATION WITH RESPECT TO
THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY,
ACCURACY, OR AVAILABILITY OF THE bNd PLATFORM OR THE
SERVICES.
Service Level Agreement (SLA)
1- In the event bNd does not meet 99.9% uptime over a month but is
better than 99.5% uptime, the Merchant will be eligible to receive a
credit of 10% off the API charges from bNd.
2- In the event that bNd is unable to meet an uptime of 99.5%, the
Merchant will be eligible to receive a credit of 30% off the API
charges.
3- bNd guarantees that the 95th percentile of requests will be within
one (1) second. If the percentile response time exceeds the guaranteed
amount, bNd will provide a credit equal to the amount of the percent
overage, multiplied by 100 as a percent. For example, if the average
over the month is 1.21 seconds, that is 0.21 seconds over the
guarantee and would equal a credit of 21% to the merchant.
4- The total amount of credits is not to exceed 50% of the monthly API
charges.
bNd will make an honest effort to provide service to our merchants
with 100% uptime. There will be times when bNd may experience
an outage; after all, we are only human. Since many of our Merchants
are under no obligation to continue interacting with us, we promise
that as long as you are a bNd customer, we will do our best to meet
your expectations. If you feel at any time that we’re not meeting the
needs of your company, we are happy to discuss ways we can
improve to meet those needs and help you achieve success with us.
bNd will constantly strive to provide the best performance and
highest uptime possible.