SellerBench Terms of Service
Last updated: April 15, 2019
AGREEMENT TO TERMSThese Terms of Service (these "Terms") represent a legally binding agreement between you and and Novel Central LLC, the owner of the SellerBench trademark and intellectual property, and Webtech Greenhouse, Inc, the MWS developers who operate and created SellerBench data services (collectively both owners and operators will be referred to as “SellerBench”). This agreement contains the terms and conditions governing your use of and access to: (1) our website at www.sellerbench.com, including any subdomains thereof, and any other websites to which these Terms are posted (collectively, the "Site"); and (2) any products, services, and applications made available through the Site (the “Services”). The Site and Services together are hereinafter referred to as the “SellerBench Platform.”
Please read these Terms carefully. By using or accessing the SellerBench Platform, you represent that you have read, understand, and agree to be bound by these Terms.
If you disagree with any part of the Terms, then you do not have permission to access or use the SellerBench Platform.
1. THE SELLERBENCH PLATFORMThe SellerBench Platform provides its Services for persons who sell on Amazon.com using Fulfillment By Amazon ("FBA", "FBA Sellers").
The SellerBench Reimbursement Recovery Services help FBA Sellers claim reimbursements owed to them by Amazon (“SellerBench Reimbursement Recovery Service”) to Amazon Seller Support. FBA Sellers are owed reimbursements in the form of cash or inventory when Amazon makes mistakes, including, but not limited to: mishandling refunds or returns; incorrectly charging fulfillment or referral fees; losing or damaging inventory in their fulfillment centers; and/or incorrectly receiving shipments and their contents.
In the future, the SellerBench Platform may offer additional services for FBA Sellers, including and not limited to: fee monitoring services to notify FBA Sellers when Amazon makes changes to certain types of fees. SellerBench Services is a term meant to encapsulate all present and future services offered on the SellerBench Platform for FBA Sellers.
Typically, for FBA Sellers who are actively subscribed to the SellerBench Reimbursement Recovery Service, a member of SellerBench’s Team ("Case Manager"), will regularly review their account for potential reimbursement claims based on the findings of SellerBench’s internal analysis process, and submit requests for reimbursement to Amazon Seller Support on the FBA Seller's behalf.
FBA Sellers who sign up for the SellerBench Platform (collectively referred to herein as "Users" or individually “User”) shall create a User account that enables access to the SellerBench Platform. Each person may only create one User account per Amazon Selling Account, and SellerBench reserves the right to shut down any duplicate accounts. As a User, you authorize SellerBench to match you with a Case Manager, and accept that SellerBench reserves the right to change your Case Manager at any time.
For the purposes of this Agreement, all services provided by SellerBench through the SellerBench Platform shall be referred to collectively as “SellerBench Services."
2. MODIFICATION OF THESE TERMSSellerBench reserves the right to modify these Terms or any information referenced in the hyperlinks from this Agreement at any time in accordance with this provision. If we make changes to these Terms, we will post the revised Terms on the Site and update the “Last Updated” date at the top of these Terms, and such modifications shall become effective upon posting. Continued use of the SellerBench Platform or Services after any such changes are posted shall constitute your consent to such changes.
In the event that the modifications materially alter your rights or obligations hereunder, we will make reasonable efforts to notify you of the change. For example, we may send a message to your email address or generate a pop-up or similar notification when you access the Service for the first time after such material changes are made. Your continued use of the Service after the revised Terms of Service has been effective indicates that you have read, understood, and agreed to the current version of these Terms.
3. ELIGIBILITYThe SellerBench Platform may only be used by individuals who can form legally binding contracts under applicable law. The SellerBench Platform is not available to children (persons under the age of 18). By becoming a User, you represent and warrant that you are at least 18 years old and that you have the right, authority and capacity to enter into and abide by the terms and conditions of this Agreement. You may not allow other persons to use your User account, and you agree that you are the sole authorized user of your account. You are responsible for maintaining the confidentiality and security of your SellerBench Account credentials and may not disclose your credentials to any third party.
4. CHARGES AND FEESPay-as-you-go. SellerBench Reimbursement Recovery Services are made available on a pay-as-you-go basis. SellerBench charges for a commission for recovery of reimbursements (“Commissions”). More information about the percentage for Commissions can be found on our FAQ.
Subscription Fees. SellerBench FBA Fee Monitoring Services will require a monthly or annual subscription to access its features. A clear description of the amount due, and time of the subscription charge will be available during the onboarding process, as well as on the User’s Billing Profile. Pricing for the FBA Fee Monitoring Services are dynamically calculated based on the previous month’s volume of orders, and will determine the pricing for a particular User when it is time for the monthly or annual plan to renew. In the future, SellerBench may choose to launch new features that may also require Users to opt into a subscription to gain access to additional features of our Site.
Your Billing Rate and Subscription Fees. Users can find their current rate for Commissions (also, “Billing Rate”) and Subscription Fees on their User Profile. Commissions and Subscription Fees will be outlined in each relevant SellerBench Invoice (sent to the User via email and posted in their Billing History).
When to expect Charges. Commissions will typically be charged to the active payment method associated with the User three to five business days after an invoice has been posted. Typically, invoices are sent to Users on Monday following a week of active reimbursement recovery, and Charges are initiated on that following Friday. In the event of a holiday, or by SellerBench’s sole discretion, the billing schedule may be subject to changes without prior notice, as long as reasonable time (three to five business days) is given for all Users to review each bill prior to a Charge.
Changes to Billing Rates. SellerBench reserves the right to change the billing rate of any user. If there are any billing rate changes that may affect any existing Users, SellerBench will clearly communicate such changes by publishing the changes to the SellerBench FAQ and providing a notice to the User at the email they provided on their account.
Facilitation of Charges. All Charges are facilitated through a third-party payment processing service (e.g., Stripe, Inc., or PayPal, Inc.). SellerBench may replace its third-party payment processing services without notice to you.
Payment Method Authorization. Upon addition of a new payment method (debit card, credit card or ACH/bank account), SellerBench may seek authorization of your selected payment method to verify the payment method and protect against unauthorized behavior. The authorization is not a charge, however, it may reduce your available credit by the authorization amount until your bank’s next processing cycle (usually, $1 or less). Should the amount of our authorization exceed the total funds on deposit on your account, you may be subject to overdraft of NSF charges by the bank issuing your debit or prepaid card. We cannot be held responsible for these charges and are unable to assist you in recovering from your issuing bank.
Taxes. Unless otherwise stated, our Charges do not include any taxes, levies, or similar governmental assessments, including value-added, sales, use or withholding taxes assessable by any local, state, provincial or foreign jurisdiction (collectively, “Taxes”). You are responsible for paying Taxes except those assessable against SellerBench based on our income. We will invoice you for such Taxes if we believe we have a legal obligation to do so.
5. SELLERBENCH COMMUNICATIONSBy entering into this Agreement or using the Platform, you agree to receive communications from us, including via e-mail and push notifications. Communications from SellerBench, its affiliated companies and/or employees, may include but are not limited to: operational communications concerning your User account or use of the SellerBench Platform or Services, updates concerning new and existing features on the SellerBench Platform, communications concerning promotions run by us or our third-party partners, and news concerning SellerBench and industry developments.
If you wish to opt out of promotional emails, you can unsubscribe from our promotional email list by following the unsubscribe options in the promotional email itself.
6. YOUR PERSONAL INFORMATIONYour Personal Information is any information you provide, publish, post, or give access to or through the SellerBench Platform (including any profile information you provide or storefront data you provide access to) or send to other Users (including via in-application feedback, any email feature, or through any SellerBench-related Facebook, Twitter, or other social media posting)(your “Information”). You consent to us using your Information to create a User account that will allow you to use the SellerBench Platform and provide SellerBench Services.
7. PROMOTIONSSellerBench, at its sole discretion, may make available promotions with different features to any Users or prospective Users. These promotions, unless made to you, shall have no bearing whatsoever on your Agreement or relationship with SellerBench. SellerBench reserves the right to withhold or deduct credits or benefits obtained through a promotion in the event at any time and for any reason. Reasons include and are not limited to: credit or benefit was in error, fraudulent, illegal, or in violation of the application promotion terms or this Agreement.
8. RESTRICTED ACTIVITIESWith respect to your use of the SellerBench Platform or SellerBench Services, you agree that you will not:
• impersonate any person or entity;
• stalk, threaten, or otherwise harass any person, or carry any weapons;
• violate any law, statute, rule, permit, ordinance or regulation;
• interfere with or disrupt the SellerBench Platform or the servers or networks connected to the SellerBench Platform;
• post Information or interact on the SellerBench Platform or Services in a manner which is fraudulent, libelous, abusive, obscene, profane, sexually oriented, harassing, or illegal;
• use the SellerBench Platform in any way that infringes any third party’s rights, including: intellectual property rights, copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;
• post, email or otherwise transmit any malicious code, files or programs designed to interrupt, damage, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or surreptitiously intercept or expropriate any system, data or personal information;
• forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted through the SellerBench Platform;
• “frame” or “mirror” any part of the SellerBench Platform, without our prior written authorization or use meta tags or code or other devices containing any reference to us in order to direct any person to any other website for any purpose;
• modify, adapt, translate, reverse engineer, decipher, decompile or otherwise disassemble any portion of the SellerBench Platform or any software used on or for the SellerBench Platform;
• rent, lease, lend, sell, redistribute, license or sublicense the SellerBench Platform or access to any portion of the SellerBench Platform;
• use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, scrape, “data mine”, or in any way reproduce or circumvent the navigational structure or presentation of the SellerBench Platform or its contents;
• transfer or sell your User account, password and/or identification to any other party
• discriminate against or harass anyone on the basis of race, national origin, religion, gender, gender identity, physical or mental disability, medical condition, marital status, age or sexual orientation, or
• cause any third party to engage in the restricted activities above.
Additional details are outlined in the SellerBench Acceptable Use Policy.
9. INTELLECTUAL PROPERTYAll intellectual property rights in the SellerBench Platform shall be owned by SellerBench absolutely and in their entirety. These rights include database rights, copyright, design rights (whether registered or unregistered), trademarks (whether registered or unregistered) and other similar rights wherever existing in the world together with the right to apply for protection of the same. All other trademarks, logos, service marks, company or product names set forth in the SellerBench Platform are the property of their respective owners. You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information (“Submissions”) provided by you to us are non-confidential and shall become the sole property of SellerBench. SellerBench shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
10. DISCLAIMERSThe following disclaimers are made on behalf of SellerBench, our affiliates, subsidiaries, parents, successors and assigns, and each of our respective officers, directors, employees, agents, and shareholders.
SellerBench does not issue reimbursements directly to you for mistakes made by Amazon. The SellerBench Service submits requests to Amazon on your behalf, to have Amazon research potentially missing reimbursements, and to have Amazon disburse reimbursements directly to your Amazon Seller account.
The SellerBench Platform is provided on an “as is” basis and without any warranty or condition, express, implied or statutory. We do not guarantee and do not promise any specific results from use of the SellerBench Platform and/or the Services, including the ability to provide or receive Services at any given location or time. To the fullest extent permitted by the law, we specifically disclaim any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you.
We do not warrant that your use of the SellerBench Platform or Services will be accurate, complete, reliable, current, secure, uninterrupted, always available, or error-free, or will meet your requirements, that any defects in the SellerBench Platform will be corrected, or that the SellerBench Platform is free of viruses or other harmful components. We disclaim liability for, and no warrant is made with respect to, connectivity and availability of the SellerBench Platform or Services.
SellerBench is not responsible for the conduct, whether online or offline, of any User of the SellerBench Platform or Services. You are solely responsible for your interactions with other Users. By using the SellerBench Platform and participating in the Services, you agree to accept that SellerBench is not responsible for the acts or omissions of Users of the SellerBench Platform or participating in the Services.
You are responsible for the user of your User account and SellerBench expressly disclaims any liability arising from the unauthorized use of your User account. Should you suspect that any unauthorized party may be using your User account or you suspect any other breach of security, you agree to notify us immediately.
We are not responsible for the use of any personal information that you disclose to other Users on the SellerBench Platform or through the Services. Please carefully select the type of information that you post on the SellerBench Platform or through the Services or release to others. We disclaim all liability, regardless of the form of action, for the acts or omissions of other Users (including unauthorized users, or “hackers”).
11. INDEMNITYYou will defend, indemnify, and hold SellerBench including our affiliates, subsidiaries, parents, successors and assigns, and each of our respective officers, directors, employees, agents, or shareholders, harmless from any claims, actions, suits, losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of your use of the SellerBench Platform and participation in the Services, including: (1) your breach of this Agreement or the documents it incorporates by reference; (2) your violation of any law or the rights of a third party, as a result of your own interaction with such third party; (3) any allegation that any materials that you submit to us or transmit through the SellerBench Platform or to us infringe or otherwise violate the copyright, trademark, trade secret or other intellectual property or other rights of any third party; and/or (4) any other activities in connection with the Services. This indemnity shall be applicable without regard to the negligence of any party, including any indemnified person.
12. LIMITATION OF LIABILITYIN NO EVENT WILL SELLERBENCH, INCLUDING OUR AFFILIATES, SUBSIDIARIES, PARENTS, SUCCESSORS AND ASSIGNS, AND EACH OF OUR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR SHAREHOLDERS (COLLECTIVELY “SELLERBENCH” FOR PURPOSES OF THIS SECTION), BE LIABLE TO YOU FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING DAMAGES FOR DELETION, CORRUPTION, LOSS OF DATA, LOSS OF PROGRAMS, FAILURE TO STORE ANY INFORMATION OR OTHER CONTENT MAINTAINED OR TRANSMITTED BY THE SELLERBENCH PLATFORM, SERVICE INTERRUPTIONS, OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES) ARISING OUT OF OR IN CONNECTION WITH THE SELLERBENCH PLATFORM, THE SERVICES, OR THIS AGREEMENT, HOWEVER ARISING INCLUDING NEGLIGENCE, EVEN IF WE OR OUR AGENTS OR REPRESENTATIVES KNOW OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. CERTAIN JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
13. LIMITATION OF DAMAGESIN NO EVENT SHALL SELLERBENCH’S LIABILITY TO USER EXCEED THE AMOUNT PAID BY USER TO SELLERBENCH DURING THE SIX MONTH PERIOD BEFORE SUCH LIABILITY ACCRUES.
14. CANCELLATIONS AND TERMINATIONCancellations. Users are responsible for account cancellations, and may initiate a cancellation by emailing email@example.com. There are no other means of cancelling your SellerBench Account. In addition to cancelling the account, Users may also request to delete their data at any time, though SellerBench reserves the right to delete related content in the normal course of business. The deletion of content may 7 to 10 business days. This action is irreversible, and once a User’s data has been deleted, this content cannot be recovered.
Termination. SellerBench reserves the right to: (i) modify or discontinue, temporarily or permanently, the SellerBench Platform (or any part thereof) and (ii) refuse any or all current and future use of the SellerBench Platform, and remove or delete any or all User content on the SellerBench Platform if we believe that the User has violated these Terms.
SellerBench will use all reasonable efforts to contact the User via the email provided during registration, with given notice of the potential or actual termination and an opportunity to attempt to cure the issue to SellerBench’s reasonable satisfaction prior to SellerBench permanently terminating the Agreement. If the breach is cured in a timely manner and to SellerBench’s satisfaction, this Agreement will not be permanently terminated. Sections 2, 5, 6 (with respect to the license), 9, 10, 11-17, and 19 shall survive any termination or expiration of this Agreement.
15. CONFIDENTIALITYThe User agrees to keep confidential any information provided by SellerBench that is identified verbally or in writing as confidential, to use such information only for purposes related to these Terms, and to disclose such information to no other person or party.
16. GENERALThis Agreement shall be governed by the laws of the State of New York, United States of America, without regard to choice of law principles. This choice of law provision is only intended to specify the use of New York law to interpret this Agreement and is not intended to create any other substantive right to non- New Yorkers to assert claims under New York law whether by statute, common law, or otherwise. If any provision of this Agreement is or becomes invalid or non- binding, the parties shall remain bound by all other provisions of this Agreement. In that event, the parties shall replace the invalid or non-binding provision with provisions that are valid and binding and that have, to the greatest extent possible, a similar effect as the invalid or non-binding provision, given the contents and purpose of this Agreement. You agree that this Agreement and all incorporated agreements may be automatically assigned by SellerBench, in our sole discretion by providing notice to you. Except as explicitly stated otherwise, any notices to SellerBench shall be given by certified mail, postage prepaid and return receipt requested to Novel Central LLC (SellerBench), 44-70 21st Street #1004, Long Island City, NY 11101. Any notices to you shall be provided to you through the SellerBench Platform or given to you via the email address or physical you provide to SellerBench during the registration process. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. The words “include”, “includes” and “including” are deemed to be followed by the words “without limitation”. A party’s failure to act with respect to a breach by the other party does not constitute a waiver of the party’s right to act with respect to subsequent or similar breaches. This Agreement sets forth the entire understanding and agreement between you and SellerBench with respect to the subject matter hereof and supersedes all previous understandings and agreements between the parties, whether oral or written.
17. LANGUAGEThese Terms were written in English. If there are any other versions of these Terms in any other languages, the latest English version of the agreement as published on the SellerBench Site shall supersede any and all other versions.
18. NOTICES AND HOW TO CONTACT USFor any notices of errors or problems related to the SellerBench Platform, or any questions about these Terms, please contact us at firstname.lastname@example.org.
You can also write to us at:
Novel Central LLC ℅ SellerBench
44-70 21st Street #1004
Long Island City, NY 11101
These Terms of Service are effective as of the Last Updated date found at the beginning of this policy.
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