Terms of Service

1. Acceptance of Terms

By accessing or using HELVIA Fulfillment Center's website and services, you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, do not use our services. These Terms constitute a legally binding agreement between you and HELVIA.

2. Services Description

HELVIA provides third-party logistics (3PL) and fulfillment services, including but not limited to:

• Warehousing and storage
• Order fulfillment and shipping
• Inventory management
• Returns processing
• Value-added services (kitting, custom packaging, etc.)
• Technology integration and support

Specific service details, pricing, and terms are outlined in individual Service Agreements with clients.

3. Client Obligations

As a client of HELVIA, you agree to:

• Provide accurate and complete information about your products and business
• Ensure products comply with all applicable laws and regulations
• Maintain adequate insurance coverage for your inventory
• Pay all fees and charges in accordance with your Service Agreement
• Provide timely notice of inventory shipments and changes
• Respond promptly to communications and requests for information
• Not store prohibited, hazardous, or illegal items without proper authorization

4. Fees and Payment

Fees for services are specified in your Service Agreement. Standard terms include:

• Storage fees calculated monthly based on space utilization
• Pick and pack fees charged per order
• Receiving fees charged per shipment or pallet
• Value-added service fees as applicable
• Payment due within 30 days of invoice date unless otherwise agreed
• Late payment subject to interest charges

We reserve the right to modify fees with 30 days' written notice. Continued use of services after fee changes constitutes acceptance.

5. Liability and Insurance

Our Liability

HELVIA maintains insurance coverage for stored inventory. Our liability is limited to:

• Loss or damage to inventory while in our possession due to our negligence
• Maximum liability of $0.60 per pound per article unless higher value declared and paid for
• Reasonable care and diligence in handling products

Limitation of Liability

HELVIA is not liable for:

• Acts of God, natural disasters, or events beyond our control
• Losses resulting from product defects or deterioration
• Consequential, indirect, or special damages
• Lost profits or business interruption
• Carrier errors or delays after shipment
• Errors in information provided by the client

Client Insurance

Clients are strongly encouraged to maintain their own insurance coverage for inventory. HELVIA's liability limits may not fully cover the value of your goods.

6. Prohibited Items

Without prior written authorization and proper documentation, you may not store:

• Hazardous materials or dangerous goods
• Illegal substances or contraband
• Perishable goods without climate-controlled storage arrangement
• Live animals or plants
• Weapons, ammunition, or explosives
• Stolen goods or items of questionable origin
• Items that violate intellectual property rights

HELVIA reserves the right to refuse storage of any items at our discretion.

7. Service Standards and Performance

HELVIA commits to providing services with reasonable care and professional standards. Our performance standards include:

• 99.5%+ order accuracy rate
• Same-day processing for orders received before cutoff time
• Real-time inventory tracking and reporting
• Secure facility with 24/7 monitoring
• Compliance with applicable regulations and certifications

Specific service level agreements (SLAs) may be outlined in individual Service Agreements.

8. Term and Termination

Service Agreement Term

Service Agreements typically have a 30-day initial term with month-to-month renewal unless otherwise specified.

Termination

Either party may terminate the Service Agreement with:

• 30 days' written notice
• Immediate termination for material breach
• Immediate termination for non-payment

Upon Termination

Upon termination, client must:

• Remove all inventory within 30 days
• Pay all outstanding fees and charges
• Provide shipping instructions for remaining inventory

HELVIA may charge storage fees for inventory not removed within the specified timeframe.

9. Intellectual Property

All content on the HELVIA website, including text, graphics, logos, and software, is the property of HELVIA or its licensors and is protected by intellectual property laws. You may not use, reproduce, or distribute our content without permission.

Client retains all rights to their products, branding, and intellectual property. HELVIA may use client logos for marketing purposes with permission.

10. Confidentiality

Both parties agree to maintain confidentiality of proprietary information, including:

• Business operations and strategies
• Pricing and financial information
• Customer data and order information
• Technical systems and processes

Confidential information may only be disclosed as required by law or with written consent.

11. Indemnification

Client agrees to indemnify and hold harmless HELVIA from claims, damages, or expenses arising from:

• Client's products or product defects
• Violations of laws or regulations by client
• Intellectual property infringement
• Inaccurate or incomplete information provided by client
• Client's violation of these Terms

12. Dispute Resolution

In the event of a dispute:

• Parties will first attempt to resolve through good-faith negotiation
• If unresolved, disputes will be settled through binding arbitration in Barrie, Ontario
• Arbitration conducted under the rules of the ADR Institute of Canada
• Each party bears their own costs unless arbitrator decides otherwise

13. Governing Law

These Terms are governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard to conflict of law principles.

14. Changes to Terms

HELVIA reserves the right to modify these Terms at any time. Material changes will be communicated via email or website notice. Continued use of services after changes constitutes acceptance of modified Terms.

15. Contact Information

For questions about these Terms, contact: