Zonos™ Terms of Service

  1. Introduction
  2. Acceptance of terms
  3. Billing overview
  4. Your Zonos account
  5. Zonos Checkout
  6. Intellectual property
  7. Privacy information
  8. Third-party vendors and services
  9. Indemnification
  10. Warranty disclaimer
  11. Limitations on liability
  12. Dispute resolution
  13. Contact us

Effective as of July 1, 2019

Welcome to the Zonos Terms of Service (“Terms”).

These Terms govern your access to and use of the Zonos website, services, APIs, and products (“Zonos Platform”). We know reading legal terms is not the most enjoyable thing to do, so we tried to make this clear and simple. Please read these Terms carefully, and feel free to reach out to us if you have any questions.

1. Introduction

Thanks for using the Zonos Platform provided by iGlobal Exports, LLC dba Zonos, located at 1664 South Dixie Drive, Suite H-109, St. George, Utah 84770. With the Zonos Platform, you are allowing Zonos to integrate technology into your business that will help manage, maintain, and enhance your cross-border capabilities.

By creating an account with us or by accessing or using the Zonos Platform, you acknowledge that you have read, understood, and agreed to be bound by these Terms, our Privacy Policy, and any other terms referenced in this document.

By agreeing to the Terms, you represent that you are at least the age of majority in your state of residence, or that you are the age of majority in your state of residence, and you have given Zonos your consent to allow any of your minor dependents to use the Zonos Platform. The provisions and conditions of the Terms constitute the entire agreement between you and Zonos related to the use of the Zonos Platform and supersedes any prior agreements or understandings not incorporated in the Terms. Continued use of the Zonos Platform by you after the effective date constitutes your acceptance of the Terms after the effective date.

2. Acceptance of terms

By signing up with the Zonos Platform, you agree to provide and maintain complete, accurate, and most up-to-date information about yourself as prompted by our platform’s registration form. Our collection and processing of your registration and user data are governed by our Privacy Policy.

We may change these Terms from time to time, and the most current version will always be posted on our website. When we revise our Terms, we will do our best to notify you by electronic means, but Zonos’ failure to do so shall not excuse your obligation to comply with the modified Terms. You understand and agree that your continued access or use of the Zonos Platform after revisions become effective constitutes your acceptance of the modified Terms. If you do not wish to continue using the Zonos Platform under the new modified Terms, you may terminate your account by contacting us.

In the event that you commit a breach or violation of terms or conditions under our Terms, we shall be entitled to immediately terminate our services, suspend your Zonos account, and/or potentially take other legal action at our disposal.

3. Billing overview

This section discusses payments made to Zonos for services rendered.

We appreciate your business and know you understand how important it is for you to pay invoices to us in a timely manner. By accepting these Terms, you agree to strictly follow the payment schedule as outlined but may be revised based on further conversations between us.

3.1. Payment methods

You are required to have a valid payment method on file before implementing Zonos software by providing us with your credit card or ACH information. Zonos must receive your initial payment prior to your site going live.

All subscription and API call fees will be billed using the credit card you have vaulted in Stripe. For all merchant, fraud, and access fees, these will be billed as outlined below:

3.1.1. Using Zonos Payments

When using Zonos Payments, your transaction fees will be automatically deducted from the initial amount owed to you. Your subscription fees are billed using the credit card you have vaulted in Stripe.

3.1.2. Using your payment processor

If you are using your payment processor, then the following will occur. On the first day of each month, Zonos creates a statement for all the previous month’s fees based on revenue as outlined in your Zonos Pricing Agreement. Invoices are created and sent by the 5th of each month for all the previous month’s transactions. Invoice fees are automatically collected using either your credit card or ACH information on file. You can find a detailed breakdown of your monthly transactions and fees by viewing the statements on your Zonos account. See section 3.4 below to read our policies for updating your payment information.

3.2. Subscription renewals and termination

Based on your Zonos Pricing Agreement, your subscription with Zonos will be automatically renewed at the end of the appropriate time period.

If your agreement is based on month-to-month pricing, we will automatically renew your subscription service with Zonos on the next designated monthly billing date at the agreed-upon monthly access fee. If your agreement is based on year-to-year pricing, we will automatically renew your subscription service with Zonos on the designated yearly billing date at the agreed-upon yearly access fee. These Terms are effective on the date you first sign the Zonos Pricing Agreement and continue to be in effect until terminated by you or Zonos. You may terminate these Terms by contacting us via electronic means to close your account with thirty (30) days’ notice. There will be no refunds for the prepaid access fees or any fees or charges paid prior to the cancellation. We do not refund prepaid fees on a pro-rated basis, and no refunds shall be given for completed service items.

If you use the Zonos Platform again or register for another account with Zonos, you are consenting to these Terms. We may terminate these Terms or close your account with Zonos at any time for any reason.

3.3. Overdue charges

Any invoiced amount not paid to Zonos by the due date outlined in the Zonos Pricing Agreement may be subject to a late interest fee accrued at the rate of 1.5% of the outstanding balance per month or the maximum rate permitted by law, whichever is lower.

3.4. Failure to make payments

If Zonos does not receive payments on time as specified in your Zonos Pricing Agreement, you will have seven (7) days to resolve this issue. If the card is declined or expired, an invoice will be emailed to you in order to update your payment information. Updates to your payment information will become the new default on your account. If you fail to resolve the non-payment issue within seven (7) days, we may suspend your account due to the unpaid invoice.

In the event your account is placed with a collection agency, you will be liable for, in addition to the original invoice amount and any late fees, all the collection fees and interest associated with collecting the invoice.

4. Your Zonos account

You may need a Zonos account to use and manage services on the Zonos Platform. Your Zonos account can be accessed via https://app.zonos.com. You may create your own Zonos account, or your Zonos account may be created for you by an administrator or individual from your company or institution. To protect your Zonos account, we strongly recommend keeping your password confidential and stored in a secure place. You are responsible for the personal protection and security of any password or username used to access the Zonos Platform. You are obligated to immediately report a lost or stolen password or username to Zonos.

By agreeing to these Terms, you agree to keep the information in your Zonos account current. You must promptly update your Zonos account with any changes affecting you, your business, and any other pertinent information. We may close your Zonos account or terminate these Terms if you fail to keep this information current. You also agree to promptly notify us in writing or by phone no more than three (3) days after any of the following conditions occur: (i) your business goes into bankruptcy; (ii) there is an adverse change in your financial condition; (iii) there is a planned or anticipated liquidation or substantial change pending with your business.

5. Zonos Checkout

5.1. Zonos Payments

This section covers the process for when you (the merchant) choose to use Zonos Payments to process your payments. Payout terms are subject to change based on unusual risk factors or activity.

Statements are generated as outlined in your Zonos Pricing Agreement. If a bank holiday falls on the agreed-upon payment date, this may delay payment until the following business day. You can view your transactions and statements by logging in to your Zonos account.

Store agreements generally include a statement minimum, i.e. the minimum amount your store must sell (net of fees) before we make a payment to you, as outlined in your Zonos Pricing Agreement. Therefore, transactions will only show on the statement if they are seven (7) days old and the total exceeds the statement minimum. If you do not meet the conditions, your transactions will be evaluated each Friday until the conditions are met. In the event your monthly transactions never reach the statement minimum, then the transactions will post on a statement at least every 5th Friday, or the Friday after the oldest transaction becomes thirty (30) days old.

Transactions are valid to show up on a payout statement when the customer payment is successfully processed or if adjustments are made by the accounting department.

If you need to make an inquiry regarding billing issues, please get in touch with us by emailing support@zonos.com or calling Zonos Support at +1 (800) 942-0721.

5.1.1. Zonos Fraud Coverage

Zonos Fraud Coverage (“Fraud Coverage”) protects merchants in the event of an “unauthorized” chargeback. Fraud Coverage does not shift liability in the event of a non-fraudulent chargeback (e.g. lost in transit, damaged/defective, friendly fraud, etc.); however, Zonos will submit evidence to dispute these claims on your behalf. You (the merchant) will be debited upon receipt of a non-fraudulent chargeback; conversely, you will be credited in the event of a chargeback reversal. Chargeback fees are not credited back in the event of a “non-fraudulent” reversal.

When participating in Zonos Payments and Fraud Coverage, chargeback fees are charged on non-fraudulent chargebacks only. The Zonos chargeback fee is in the amount of $25.00.

To ensure that Zonos remains in good standing with our payment processors, we reserve the right to block any risky payments, or request a cancellation after manual review of a completed order.

5.1.2. Opting out of Fraud Coverage

If you elect to opt out of Fraud Coverage while using Zonos Payments, you will be debited the full chargeback amount and fee upon receipt of a chargeback. In the event of a reversal, you shall only be credited back the chargeback amount.

If you have chargebacks in excess of 0.75 percent (by count or amount) for more than two consecutive months, or incur a high-dollar amount of total chargebacks for any given amount of time, you may be required to sign up for Fraud Coverage if you wish to remain on Zonos Payments.

5.2. Using your payment processor

When you (the merchant) choose to use your own payment processor with Zonos Checkout, you are required to have a valid payment method on file. See section 3.1 Payment methods and 3.4. Failure to make payments above to read our policies for providing and updating your payment information.

5.2.1. Zonos Fraud Coverage

The following section covers our fraud protection policy for legacy merchants using Fraud Coverage with their own payment processor.

Zonos’ chargeback fee shall not be applicable for merchants with Fraud Coverage that process their own payments. Chargeback claims shall only be submitted for fraudulent orders. Zonos does not take liability for non-fraudulent chargebacks received by the merchant.

In order to find chargeback documentation, you must find them directly from your payment processor or your customer’s card-issuing bank. If you wish to submit a reimbursement claim to Zonos for a fraudulent chargeback, you must provide the following evidence within thirty (30) days of chargeback dispute closure in order to prevent future losses:

Chargeback date Chargeback reason Transaction date Response date Response deadline A copy of dispute documents provided to the processor, including but not limited to: Order invoice/summary Proof of shipment (if applicable) Proof of delivery (if applicable) Terms and conditions, which would prevent the customer from receiving a refund for the order (i.e. refusal to pay duties and taxes, undeliverable merchandise due to wrong address, restricted items, etc.) Customer communication If eligible, Zonos will issue a credit on your next billing cycle for the disputed order amount and chargeback fee, if applicable, which occurs when the chargeback case has been closed in favor of the buyer. Zonos does not reimburse pending chargeback dispute cases nor are we liable for any additional revenue or fees collected by you (the merchant) beyond the original order amount and chargeback fee, (e.g. foreign exchange revenue, processor merchant fees, etc.).

6. Intellectual property

Our intention is to let you use our technology to enhance your business. You cannot copy, distribute, duplicate, or resell our technology or other intellectual property for any reason. This service is licensed only to your specific business. Zonos retains intellectual property rights and sole ownership to our software, products, ideas, websites, designs, processes, code, technology, copyrights, logos, domain names, patents, trade secrets, trademarks, and materials.

Any text, trademarks, logos, images, graphics, photos, video files, or any other digital media are all subject to patent, copyright, trademark, and other intellectual property protection. The trademarks, trade names, trade dress, logos, and service marks (collectively, the “Trademarks”) displayed on our Zonos Platform (including websites) are the registered and/or unregistered Trademarks of Zonos, or such third-party entity that may own the displayed Trademarks. You do not have the right or permission to use any Trademarks displayed on or contained in the Zonos Platform without the written permission of Zonos or such third-party entity that may own the displayed Trademarks.

6.2. User submissions

While Zonos desires to receive feedback from its customers, please do not send Zonos any unsolicited creative or original concepts, ideas, materials or products, confidential or proprietary information, or the like (“Submission(s)”).

Zonos is under no obligation to use or compensate you for your Submission(s) and will not respond to you regarding said Submission(s). Your Submission(s) will not be returned to you and will not be treated as confidential information.

7. Privacy information

Zonos is committed to protecting the privacy of our users of the Zonos Platform and visitors to sites managed by Zonos.

For information on how data is collected, used, or disclosed by Zonos in connection with your use of the Zonos Platform or Zonos sites, please consult our Privacy Policy.

8. Third-party vendors and services

The Zonos Platform is integrated with or may otherwise interact with third-party vendors, applications, and services (“Third-Party Services”) to provide the required hardware, software, networking, storage, and related technology to operate and maintain the Zonos Platform. Your receipt or use of any Third-Party Services is subject to a separate agreement between you and the third-party provider.

You understand and agree that Zonos does not endorse and is not responsible or liable for the behavior, features, or content of any third-party provider or for any transaction you may enter into with the provider of any such Third-Party Services. We are not responsible for any access to or use of your data by Third-Party Services, or for the security or privacy practices of any Third-Party Services. You are solely responsible for your decision to permit any third-party provider to use your data. It is your responsibility to carefully review the agreement between you and the third-party provider, as provided by the applicable third-party provider.

9. INDEMNIFICATION

YOU AGREE TO INDEMNIFY AND HOLD ZONOS, ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AND AFFILIATES HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, COSTS, LOSSES, LIABILITIES, AND EXPENSES, INCLUDING ATTORNEY FEES AND COSTS, RESULTING FROM OR RELATED TO YOUR USE OF THE ZONOS PLATFORM OR BREACH OF THE TERMS.

10. WARRANTY DISCLAIMER

THE CONTENT PROVIDED ON THE ZONOS PLATFORM IS PROVIDED “AS IS” AND “WITH ALL FAULTS.” ZONOS MAKES NO WARRANTY OR REPRESENTATION, EITHER EXPRESSED OR IMPLIED, AS TO ITS USE, AVAILABILITY, CONTENT, ACCURACY, APPROPRIATENESS, OR PERFORMANCE OF THIS SITE.

AS A USER, YOU ASSUME ALL RISKS AND RESPONSIBILITIES FOR ITS USE OR NON-USE, AND ZONOS MAKES NO REPRESENTATION THAT YOUR USE OF THE ZONOS PLATFORM WILL BE UNINTERRUPTED OR ERROR-FREE, THAT WE WILL REVIEW YOUR DATA FOR ACCURACY, OR THAT WE WILL PRESERVE OR MAINTAIN YOUR DATA WITHOUT LOSS. YOU UNDERSTAND THAT USE OF THE ZONOS PLATFORM NECESSARILY INVOLVES TRANSMISSION OF YOUR DATA OVER NETWORKS THAT WE DO NOT OWN, OPERATE, OR CONTROL, AND WE ARE NOT RESPONSIBLE FOR ANY OF YOUR DATA LOST, ALTERED, INTERCEPTED, OR STORED ACROSS SUCH NETWORKS.

ZONOS CANNOT GUARANTEE THAT OUR SECURITY PROCEDURES WILL BE ERROR-FREE, THAT TRANSMISSIONS OF YOUR DATA WILL ALWAYS BE SECURE, OR THAT UNAUTHORIZED THIRD PARTIES WILL NEVER BE ABLE TO DEFEAT OUR SECURITY MEASURES OR THOSE OF OUR THIRD-PARTY SERVICES. WE WILL NOT BE LIABLE FOR DELAYS, INTERRUPTIONS, SERVICE FAILURES, OR OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS OR OTHER SYSTEMS OUTSIDE OUR REASONABLE CONTROL.

NO ZONOS EMPLOYEE, AGENT, OR REPRESENTATIVE IS AUTHORIZED TO MODIFY OR AMEND THIS WARRANT.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.

ZONOS RESERVES THE RIGHT TO ALTER OR REMOVE CONTENT, OR SUSPEND OR TERMINATE YOUR USE IN ANY WAY, AT ANY TIME, FOR ANY REASON, WITHOUT PRIOR NOTIFICATION, AND ZONOS WILL NOT BE LIABLE IN ANY WAY FOR POSSIBLE CONSEQUENCES OF THAT ACTION.

11. LIMITATIONS ON LIABILITY

YOU ACKNOWLEDGE, BY YOUR USE OF THE ZONOS PLATFORM:

(1) THAT YOUR USE OF THE ZONOS PLATFORM IS AT YOUR SOLE RISK;

(2) THAT YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIRS OF ANY EQUIPMENT THAT YOU USE IN CONNECTION WITH YOUR USE OF THE ZONOS PLATFORM; AND

(3) THAT ZONOS WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND RELATED TO (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE ZONOS PLATFORM, (B) ANY CONDUCT OR CONTENT OF ANY THIRD-PARTY SERVICES, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD-PARTIES; OR (C) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT.

IN NO EVENT WILL ZONOS’ TOTAL LIABILITY FOR ANY CLAIMS EXCEED FIFTY U.S. DOLLARS (U.S. $50.00).

BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, ZONOS’, IT’S AFFILIATES’, AGENTS’, LICENSORS’, AND SUPPLIERS’ DAMAGES IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

12. Dispute resolution

12.1. Informal resolution

If you have a dispute with Zonos, you agree to contact us first in order to try and resolve the dispute informally. If we need to reach out to you, we will do so by using the email address you have on file with your Zonos account. If Zonos is unable to resolve the dispute with you informally within a period of sixty (60) days, either party may pursue relief as may be available under these Terms pursuant to Section 11.2 (Governing law; jurisdiction). All negotiations pursuant to this section 11.1 will be confidential and treated as compromise and settlement negotiations for purposes of all rules and codes of evidence of applicable legislation and jurisdictions.

12.2. Governing law; jurisdiction

These Terms will be governed by and construed in accordance with the applicable laws of the State of Utah, USA, without giving effect to the principles of that State relating to conflicts of laws. Each party irrevocably agrees that any legal action, suit, or proceeding that arises out of or related to these Terms must be brought solely and exclusively in, and will be subject to the service of process and other applicable procedural rules of, the State or Federal court in Utah, USA, and each party irrevocably submits to the sole and exclusive personal jurisdiction and venue of the courts located in Washington County, Utah.

13. Contact us

If you have any questions concerning the Zonos Terms of Service, please contact Zonos Customer Support by visiting the Contact Us section of our website.

Thank you for reading, and congratulations on making to the end of these Terms! We hope you enjoy using the Zonos Platform and our services. Please reach out to us if you have any comments or questions about our company and terms of service.

Contracting entity:

iGlobal Exports, LLC DBA Zonos

1664 Dixie Drive, Suite H-109

St. George, UT 84770