Terms of Service

1. Agreement to Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you ("Customer," "you," or "your") and Octojan Logistics ("Octojan," "we," "our," or "us"). By accessing our website, using our services, or creating an account, you agree to be bound by these Terms.

IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE OUR SERVICES.

2. Services Provided

Octojan provides the following logistics services:

• LTL Freight Services: Less-than-truckload shipping for palletized freight
• Parcel & Courier Services: Small package delivery and courier services
• Warehousing: Storage, cross-dock, and distribution services
• Same-Day Delivery: Expedited delivery within service areas
• Real-Time Tracking: GPS tracking and shipment monitoring

3. Account Registration

3.1 Account Creation

• You must be at least 18 years old to create an account
• You must provide accurate, current, and complete information
• You are responsible for maintaining account security
• You must notify us immediately of unauthorized access

3.2 Account Types

• Shipper Accounts: For customers sending shipments
• Driver Accounts: For authorized delivery personnel
• Carrier Partner Accounts: For transportation partners
• Guest Quotes: Available without registration (limited features)

4. Pricing and Payments

4.1 Quotes and Pricing

• Quotes are valid for 5 days unless otherwise specified
• Prices are subject to fuel surcharges (updated weekly)
• Additional charges may apply for accessorial services (tailgate, residential, hazmat, etc.)
• All prices are in Canadian Dollars (CAD) unless otherwise stated
• HST (13%) applies to all shipments within Ontario

4.2 Payment Methods

• Credit Card: Processed securely via Stripe
• Net Terms: Available to approved business customers (Net 15/30/45/60)
• Pay Later: Payment method collected after delivery (for approved accounts)

4.3 Payment Terms

• Payment is due upon shipment creation unless credit terms are approved
• Late payments may incur interest at 2% per month (24% annually)
• Unpaid invoices may result in service suspension
• Returned payment fees: $25 CAD per occurrence

5. Shipment Requirements and Restrictions

5.1 Packaging Requirements

• Freight must be properly packaged to withstand normal handling
• Pallets must be secured with stretch wrap or strapping
• Fragile items must be clearly marked
• Maximum weight per pallet: 4,500 lbs (unless pre-approved)

5.2 Prohibited Items

We do NOT transport:

• Illegal substances or contraband
• Live animals (except with prior approval)
• Human remains
• Firearms and ammunition (except with proper permits)
• Currency or negotiable instruments exceeding $50,000
• Unstable or reactive chemicals

5.3 Hazardous Materials

Hazardous materials (HazMat) require prior approval, proper documentation (SDS sheets), and compliance with Transportation of Dangerous Goods (TDG) regulations. Additional fees apply.

6. Liability and Insurance

6.1 Carrier Liability

Our liability for loss, damage, or delay is LIMITED as follows:

• LTL Freight: $2.00 per pound of damaged goods (industry standard)
• Parcel: $100 maximum per package unless declared value purchased
• Warehousing: $0.50 per pound for stored goods

6.2 Declared Value and Insurance

• Customers may purchase additional insurance for high-value shipments
• Declared value must be stated at time of quote
• Insurance premiums are 1-2% of declared value
• Claims must be filed within 9 months of shipment date

6.3 Exclusions

We are NOT liable for:

• Acts of God (weather, natural disasters)
• Force majeure events
• Delays caused by customer inaction or incorrect information
• Improper packaging by the customer
• Inherent vice of the goods
• Consequential or indirect damages

7. Claims and Disputes

7.1 Filing a Claim

• Claims must be filed in writing within 60 days of delivery (or expected delivery date)
• Claims must include: tracking number, photos of damage, invoice, and proof of value
• Concealed damage must be reported within 5 days of delivery
• Octojan will investigate and respond within 30 days

7.2 Dispute Resolution

• Good faith negotiations are required before litigation
• Disputes will be governed by Ontario law
• Venue for legal proceedings: Courts of Ontario
• Both parties waive trial by jury

8. Cancellations and Refunds

8.1 Customer Cancellations

• Before Pickup: Full refund (up to 2 hours before scheduled pickup)
• After Pickup: No refund (delivery charges apply)
• No-Show Pickups: $50 service fee

8.2 Octojan Cancellations

We reserve the right to cancel shipments that violate these Terms, contain prohibited items, or cannot be safely transported. Full refund provided if cancelled by Octojan.

9. Delivery Terms

9.1 Delivery Attempts

• Standard delivery includes one delivery attempt
• Recipient must be available to receive shipment
• Redelivery fees apply for subsequent attempts ($25-$50)
• Unclaimed shipments after 5 days may incur storage fees

9.2 Proof of Delivery

• Signature capture required for delivery confirmation
• Photo documentation for contactless deliveries
• GPS coordinates recorded for all deliveries
• Delivery receipts available via customer portal

10. Customer Obligations

• Provide accurate shipment information (addresses, weight, dimensions)
• Ensure proper packaging and labeling
• Declare hazardous materials and high-value items
• Be available for scheduled pickups and deliveries
• Comply with all applicable laws and regulations
• Pay invoices on time

11. Indemnification

You agree to indemnify and hold harmless Octojan, its officers, directors, employees, and agents from any claims, damages, losses, or expenses arising from:

• Your breach of these Terms
• Your violation of any laws or regulations
• Your shipment of prohibited or undeclared items
• Inaccurate shipment information provided by you

12. Limitation of Liability

13. Intellectual Property

All content on our website and applications (logos, trademarks, text, graphics, software) is the property of Octojan Logistics and protected by copyright and trademark laws. You may not copy, reproduce, or distribute our content without written permission.

14. Termination

We may suspend or terminate your account for:

• Violation of these Terms
• Non-payment of invoices
• Fraudulent activity
• Abuse of services or personnel

You may terminate your account at any time by contacting us. Outstanding invoices remain due.

15. Modifications to Terms

We reserve the right to modify these Terms at any time. Material changes will be posted on our website with an updated "Last Updated" date. Continued use of our services after changes constitutes acceptance.

16. Governing Law

These Terms are governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein. Any disputes shall be resolved in the courts of Ontario.

17. Severability

If any provision of these Terms is found invalid or unenforceable, the remaining provisions shall remain in full force and effect.

18. Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Octojan Logistics regarding the use of our services.