These Terms and Conditions (“Terms and Conditions”) apply to all services provided to You the Shipper by Shyft and are effective as of July 31, 2018:
You the Shipper (“You“, “Shipper”) are entering into an Agreement for the provision of services by the legal entity Move Genius LLC, dba Shyft (“Shyft”, “We”, “Us”) ( US DOT# 3165347 / MC#114116-B ), a Delaware Corporation with offices at 1400 Valley House Dr. #264 Rohnert Park, CA 94928. Shyft operates under authority of the Federal Motor Carrier Safety Administration (“FMCSA”) as a Broker of services for the transportation of household goods (and related services) by third parties. Shyft is not a Motor Carrier (“MC”) or Transportation Service Provider (“TSP”) under FMCSA regulations. Shyft does not own equipment or facilities designed to transport or store household goods, and Shyft will not transport or store household goods for You the Shipper. Shyft acts as the agent for You the Shipper to obtain price estimates and provide information about other relocation-related services from third parties, including TSPs. You the Shipper may elect to contract for such services directly with such third parties. Shyft does not hire or subcontract such third parties on behalf of You the Shipper.
In connection with any and all services provided by Shyft, You the Shipper agree that by utilizing the Shyft website and other Shyft services You are bound by the Terms and Conditions described here.
Broker. A person who, for compensation, arranges, or offers to arrange, the transportation of goods by an authorized motor carrier.
Motor Carrier. A company licensed with the FMCSA to provide transportation of goods for compensation.
Shipper. A person or company that arranges to have goods shipped on their own behalf by any type of conveyance. The shipper might be the consignee (recipient of the shipment) or the consignor (sender of the shipment), or a 3rd party that is neither.
Transportation Service Provider (TSP). Any party, person, agent, or carrier that provides freight (or passenger) transportation and related services to a shipper or agency. For the transportation of goods, this includes carriers, brokers, freight forwarders, and third party logistics providers (“3PL”).
Shyft acts as the Brokering agent of the Shipper by:
- Providing information to the Shipper about services related to moving or transporting the Shipper’s household goods, including packaging, storing and other moving-related services (all such services referred to generally as “Moving Services”).
- Providing information regarding the Shipper’s legal rights and responsibilities during the move. All Shippers of household goods interstate in the USA are encouraged to read and understand the following FMCSA booklets and You agree that Shyft has provided You direct access to:
- Researching and pre-qualifying licensed and insured MCs and/or TSPs in Shyft’s network to provide the Moving Services.
- Generating honest and accurate estimates for the You Shipper for Moving Services based on accurate and complete details provided by You of the intended move as well as the availability of licensed MCs and/or TSPs in Shyft’s network.
- Acting as the Shipper’s advocate, serving as the liaison with the MC, TSP and/or Moving Service providers on issues of pricing, special services and claims resolution, among others.
You agree to provide Shyft, through the Shyft website or other documented means, complete and accurate information regarding the shipment of all of the household goods You intend to include in your move, including a complete inventory of all included household goods and other belongings and including all other relevant and necessary information to allow us to provide an accurate description of available Moving Services and pricing for Moving Services. Based upon the information you provide, Shyft will deliver to You a detailed inventory of the property You have identified to be moved. You understand and acknowledge that a detailed inventory is necessary to receive an accurate quote and a reliable written estimate. The contract for the moving services between the Shipper and the service provider providing Moving Services is the Bill of Lading. In accordance with the Terms and Conditions, each shipment accepted for transportation shall move (a) on a Uniform Household Goods Bill of Lading and Freight Bill or (b) such other document as the parties may agree to use. In the event that there shall be any contradiction or inconsistency between terms printed on such Bill of Lading or other documentation and these Terms and Conditions, these Terms and Conditions shall control. When the Shipper hires a MC and/or TSP, the Shipper and MC and/or TSP are entering into a direct contract for the provision of Moving Services. Shyft is limited as an agent to the Shipper and is not liable for the negligent acts and omissions of the MC and/or TSP, nor is Shyft liable for the value of the goods involved in the move.
Moving deposits are taken by service providers to secure space on an available transportation vehicle, so if you must cancel your move, you must do so as soon as possible. This deposit is credited to the Shipper’s total move balance, and the Shipper pays the remaining balance prior to delivery of their shipment. You have the right to cancel your move for a full refund within the first 24 hours of completing your booking with Shyft. Shippers may send cancellation requests by email or text to the Shyft representative that secured their booking. All charges are non-refundable in the event of a completed shipment. If Shyft cancels a Shipper’s move due to carrier unavailability or other circumstances beyond its reasonable control, Shyft will also refund the amount of any prepayment (deposit). This is the full extent of Shyft’s liability when it cancels a move.
In no event will Shyft have any liability to You in excess of actual compensatory damages for which Shyft may be shown to be responsible by documentary evidence. You irrevocably waive any claim to consequential, punitive or exemplary damages.
You agree to indemnify and hold Shyft and our officers, directors, agents, advisors, attorneys, accountants, and employees harmless from any claim or demand, including your attorneys’ fees, made by any third party due to or arising out of your negligence, breach of these Terms and Conditions, misuse of Shyft’s Moving Services, or violation of any law or the rights of a third party. You release Shyft, its officers, directors, agents, advisors, attorneys, accountants, and employees from all claims, demands, and damages (actual and consequential) of any kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes and/or this User Agreement.
You agree that it is your responsibility to maintain a valid credit card on file with Shyft in order to allow us to arrange for Moving Services for You. Shyft reserves the right to charge You by means of the payment method on file with Shyft for the balance(s) associated with Moving Services provided to You. You agree that if You do not maintain a valid credit card or bank account on file with us during any billing attempt, You may be subject to interest and penalties according to standard Syft policies for collection. You expressly authorize Shyft to withhold any monies and/or debit any monies from any account that You have identified to Shyft for any chargebacks, fees, costs, deductions, adjustments, and any other amounts owed to Shyft. We reserve our rights to all actions and remedies in connection with any monies owed to Shyft.
Payment processing services for Shippers and Service Providers are provided to Shyft by Stripe and are subject to the Stripe Connected Account Agreement, which includes the Stripe Terms of Service (collectively, the “Stripe Services Agreement”). By agreeing to these Terms and Conditions, You agree to be bound by the Stripe Services Agreement, as the same may be modified by Stripe from time to time. As a condition of Shyft enabling payment processing services through Stripe, You agree to provide Shyft with accurate and complete information about You and you authorize Shyft to share such transaction information related to Your use of the payment processing services provided by Stripe.
You are responsible for reading these Terms and Conditions and all other terms, conditions, and tariffs published by the MC and/or TSP when booking shipments through Shyft. By entering into an agreement for Moving Services You are agreeing to these Terms and Conditions and the MC and/or TSP’s terms, conditions, and tariffs and You are entering into a legally binding agreement with the MC and/or TSP. You acknowledge that, unless otherwise documented by the MC and/or TSP, the pick-up dates, delivery dates, and transit times are good faith estimates only and are not guaranteed. Cancellations may be requested by either party prior to Moving Services being rendered (see Cancelation Policy Section of this Agreement for additional details). A MC and/or TSP reserves the right to inspect your shipment before accepting it and to refuse to transport any item prohibited by the service provider agreement or by law.
You acknowledge and agree that You are solely are responsible for any information You provide to Shyft and/or Providers of Moving Services whether in the initial registration of your information, or at any other time during or after the shipping and transportation process, or during any other time of use of Moving Services. All information You provide must be truthful, complete, accurate and non-fraudulent. You authorize Shyft to use any information provided by You supply in connection with the Moving Services and in accordance with these Terms and Conditions.
Shipper acknowledges and agrees that it is Shippers responsibility to provide complete and accurate details regarding all matters related to the shipping of Shipper’s household goods. In general the Shipper shall be responsible for all additional costs incurred by Shyft and/or service providers if Shipper fails to provide accurate and complete details about the Shipper’s shipment. Shipper acknowledges that Shyft bases all quotes and offers for Moving Services to exclusively on the information provided by the Shipper, and Shyft relies on such information to be accurate and all-inclusive. If the actual shipment characteristics are materially different than those originally described or specified by the Shipper and such characteristics result in changes in: a) the Shipper’s inventory list, b) the dimensions of inventory items, c) the weight of the shipment, d) the equipment required, e) the space required for transportation or storage, f) any and all accessorial services required, and g) any and all duties, customs assessments, governmental penalties and fines, taxes, and/or legal costs allocable to the shipment, then Shipper authorizes Shyft to charge Shipper such additional amounts over and above the original quote for Moving Services. In the event that Shipper adds items to the shipment originally described or fails to include all items to be moved, Shyft will notify Shipper of any price changes or new fees that are required and Shipper authorizes Shyft to charge the Shipper’s payment method accordingly.
Shyft does not set the terms and conditions relating to MC and/or TSP cargo liability. Any claims for damage, loss or theft from any cause shall be determined under the terms and conditions included in the agreement between Shipper and the provider of Moving Services and applicable law. Shipper shall immediately submit any claim for damages to the MC and/or TSP that provided the related Moving Services and shall provide Shyft with a copy of the claim. The Shipper may not offset freight or other charges collectible by Shyft against claims by Shipper for any loss, damage, misdelivery, or non-delivery by service providers of Moving Services. Where provided by the carrier through Shyft, the liability for cargo loss offered will be determined by the individual carrier’s governing General Rules Tariff or terms and conditions in effect at the time of shipment. If a shipment contains freight with a predetermined exception value, as determined by the selected carrier, the maximum exception liability will override the otherwise standard liability for cargo loss. The maximum amount that a Shipper may recover on a cargo claim will be that which is recoverable under the carrier’s published liability limits and/or tariffs. The Shipper agrees that by booking a shipment on Shyft they have been afforded a choice of reasonable liability rates for the protection of all freight shipped, and has voluntarily chosen the released rates and limits published by carriers through the platform.
You may not ship any of the prohibited items listed here, or any other item that violates any applicable law, statute, ordinance, regulation. Prohibited items are hazardous or dangerous goods that may pose a danger to health, safety, or property while being transported. You may also not ship items considered restricted or perishable by the U.S. Postal Service which generally do not pose a danger to health, safety, or property while being transported, but their transport is regulated or banned for public policy reasons. Generally, restricted or perishable items that can lawfully be transported by mail or commercial carrier are permitted on Shyft (see U.S. Postal Service Publication 52 for additional details). Full responsibility rests with the Shipper to determine the lawfulness of shipping any item as part of the Moving Services. Anyone who sends, or causes to be sent, a hazardous material can be subject to legal penalties (i.e., fines and/or imprisonment), including but not limited to those specified in 18 U.S.C.
The FMCSA administers laws and regulations for the protection of shippers of household goods. You can determine the FMCSA registration and safety status of your MC and/or TSP, review the FMCSA regulations for household goods moves and obtain other helpful information at on the FMCSA website.
The FMCSA requires that all MCs and/or TSPs handling interstate shipments register with it and provide certain information to the public. You can determine the registration and safety status of your TSP at www.fmcsa.dot.gov. Certain transportation services may involve movements only within one state. Individual states have statutes and regulations pertaining to such intrastate transportation. We suggest You check with your state Department of Transportation if your service is entirely within one state.
You shall comply with all applicable domestic and international laws, statutes, ordinances, and regulations regarding your use of Shyft.
You acknowledge and agree that we have the sole discretion to set forth and post additional terms and conditions for your use of the Shyft website. You agree that any additional terms and conditions that apply to your use of our Services shall be considered an effective amendment to these Terms and Conditions and said terms and conditions shall be thereafter incorporated herein. Furthermore, You expressly agree that if there is any conflict between those additional terms and conditions and the Terms and Conditions, the terms and conditions set forth in those additional terms shall govern.
These Terms and Conditions may not be modified, supplemented, qualified, or interpreted by any trade usage or prior course of dealing not made a part of these Terms and Conditions. The invalidity or unenforceability of any provision of these Terms and Conditions shall not affect the validity of any other provision of these Terms and Conditions or the Terms and Conditions as a whole, and any such remaining provisions should be interpreted and enforced to apply to the maximum extent allowable under applicable law. The failure by either party to enforce at any time any of the provisions of these Terms and Conditions, to exercise any election or option provided herein, or to require at any time the performance of the other of any of the provisions herein will not in any way be construed as a waiver of such provisions. Reasonable attorneys’ fees and costs will be awarded to the prevailing party in the event of litigation or arbitration involving the enforcement or interpretation of these Terms and Conditions. The section headings used herein are for convenience only and shall not be given any legal import. Nothing in these Terms and Conditions shall be construed in favor of or against Shyft by virtue of its role in drafting these Terms and Conditions. Users are encouraged to read this document in its entirety and consult with independent legal counsel regarding questions.
If any part, term, or provision of these Terms and Conditions is determined unlawful or unenforceable, the remainder shall remain in full force and effect.
These Terms and Conditions, and all rights and obligations hereunder, including matters of construction, validity, and performance, shall be governed and construed in accordance with the laws of the State of California.
All notices sent to Shyft shall be sent by physical mail to:Shyft, 1400 Valley House Dr. #264 Rohnert Park, CA 94928. All notices will be sent to You using the contact information you provide, and may be sent via regular mail, email, text, phone call, or fax.