Terms of Service

1. Definitions

In these terms, the following words have the meanings given below unless the context clearly requires otherwise.

• The Company, we, us and our mean Abundant Ascent LLC, its employees, agents and subcontracted partners acting in the course of the business.
• Client and you mean the person or organisation that accesses the website or engages the services, including any employee, contractor or agent acting on that person behalf.
• Services means the dispatch, same-day runs, route planning, warehousing, cross-docking, last-mile delivery, returns handling, reverse logistics and fleet coordination work that the Company performs.
• Platform means the websites, portals, courier applications, dispatch tools and application programming interfaces operated by the Company.
• Consignment means any parcel, pallet, package, document or other item accepted by the Company for handling, storage or transport.
• Written Agreement means a signed contract, statement of work, service schedule or order confirmation issued by the Company.

2. Acceptance of These Terms

You accept these terms by any of the following acts: visiting the website, submitting a form, requesting a quotation, opening an account, accepting a written agreement, or instructing the Company to move, store or deliver a consignment. Acceptance is effective on the date of the first such act.

If you accept these terms on behalf of an organisation, you confirm that you have authority to bind that organisation and that the organisation agrees to be responsible for compliance with these terms. If you do not have that authority, you must not accept these terms and you must not use the services.

Where a Written Agreement exists, the order of precedence is the Written Agreement first, then any service schedule issued under it, then these terms, and finally any other document referenced by the parties. A conflict between documents is resolved in that order, and the remaining provisions continue in full force.

3. Eligibility and Account Registration

The services are intended for businesses and professionals. By using the services you confirm that you are at least eighteen years of age and that you are legally capable of entering into a binding contract.

Where the Platform requires an account, you must provide accurate, current and complete information and keep it up to date. You are responsible for maintaining the confidentiality of your credentials and for every activity that occurs under your account. You must notify the Company promptly if you suspect unauthorised access or any other security incident affecting your account.

The Company may refuse to open an account, or may suspend or close an account, where information cannot be verified, where the requested work falls outside the Company capability, where a legal or regulatory restriction applies, or where there is a genuine risk of fraud, misuse or harm. Where an account is refused or closed, the Company will explain the reason to the extent the law allows.

You must not share account credentials between individuals, and you must not permit a third party to access the Platform using your credentials except where that party acts on your behalf under your supervision and you remain responsible for the activity.

4. Scope of Services

The Company provides six core service lines, each of which may be engaged separately or as part of an integrated programme. The services are same-day dispatch runs, route planning and scheduling, warehousing and cross-docking, last-mile delivery programmes, returns and reverse logistics, and fleet coordination services.

The specific services to be provided, the volume to be handled, the geographic coverage, the service windows, the reporting requirements and the applicable rates are set out in the relevant quotation, order confirmation or Written Agreement. Any work outside that scope requires a separate agreement, and the Company is not obliged to perform it until agreement is reached.

The Company may use employees, subcontracted carriers, depot partners and software providers to perform the services. The use of a subcontractor does not relieve the Company of its obligations under these terms, and the Company remains responsible for the acts and omissions of its subcontractors as if they were its own.

Where the Company provides software as part of a service, the licence terms in the software section below apply. Where the Company provides only software, the software section alone governs that element, together with the general provisions of these terms that are capable of applying to a software arrangement.

5. Service Standards and Scheduling

The Company plans its operations against published service standards and agreed delivery windows. For same-day runs, the cut-off time stated in the relevant schedule applies, and an order received after the cut-off is handled on the next available cycle unless a different arrangement is agreed in writing.

Route planning is performed using a combination of automated optimisation and planner judgement. The Company may adjust a route, resequence stops, change the assigned vehicle or hand a leg to a partner where conditions require it. The Company will notify the client of any material change that affects an agreed service window.

Delivery windows are estimates unless a Written Agreement makes them guaranteed. Traffic, weather, road closures, access restrictions, failed contact attempts and events outside the Company control can affect timing. Where a window cannot be met, the Company will use reasonable efforts to inform the affected client or consignee and to arrange an alternative.

Where a programme includes defined performance targets, the measurement method, the reporting period and any service credits are set out in the Written Agreement. Service credits, where offered, are the agreed remedy for a missed target and are applied as a credit against future charges rather than as a cash payment.

6. Client Obligations

The Company can only deliver reliable performance when the client provides accurate and timely information. You agree to do the following.

• Provide complete and accurate order details, including correct addresses, consignee names, contact numbers, dimensions, weights and any special handling requirements.
• Provide any access codes, security details or site induction information needed to complete a collection or delivery.
• Ensure that consignments are properly packaged, labelled and ready for collection at the agreed time.
• Ensure that you have the legal right to send every item you hand to the Company and that all required customs, safety and transport documentation accompanies it.
• Respond promptly to requests for information, approvals and exception decisions.
• Pay all charges when they fall due and keep your account details current.
• Comply with all applicable laws, including transport, export control, product safety, environmental and data protection rules.

Where a delay, failed delivery, additional charge or operational disruption results from inaccurate information or a failure by the client, the client remains responsible for the resulting costs, including reasonable additional handling, storage, redelivery and administration charges.

7. Fees, Invoicing and Payment

Fees are set out in the relevant quotation, rate card or Written Agreement. Unless stated otherwise, fees are quoted exclusive of applicable taxes and are based on the information available at the time of quotation.

Where the actual consignment differs materially from the information provided, the Company may adjust the fee to reflect the actual weight, dimensions, handling requirements, number of stops or special services performed. The Company will provide reasonable supporting detail for any adjustment.

Invoices are issued according to the billing cycle stated in the applicable agreement. Unless a different period is agreed, invoices are payable within thirty days of the invoice date. Payment must be made in the currency stated on the invoice, and bank charges are borne by the payer.

Late payment may result in interest at the rate stated in the Written Agreement, or where no rate is stated, at the maximum rate permitted by applicable law. The Company may suspend services, withhold collection or delivery of consignments in its possession, or require prepayment where invoices remain unpaid beyond the agreed period. The Company may also recover reasonable costs of collection.

The client must raise any good faith dispute about an invoice within twenty days of the invoice date, giving enough detail for the Company to investigate. Undisputed amounts remain payable in full while a dispute is investigated, and the parties will work in good faith toward prompt resolution.

8. Taxes and Government Charges

You are responsible for all taxes, duties, levies, tolls and government charges that apply to the services, other than taxes on the Company net income. Where the Company is required by law to collect a tax, it will add the amount to the invoice and remit it to the relevant authority.

Where cross border movement is involved, you are responsible for import and export duties, clearance fees, inspection charges and any penalties arising from inaccurate or incomplete declaration. The Company may advance such amounts where it agrees to do so, and will invoice them for reimbursement together with an administration charge where permitted.

If a withholding tax applies, you must gross up the payment so that the Company receives the full amount invoiced, and you must provide the documentation required to support the withheld amount. Each party will cooperate reasonably to claim any available exemption or reduced rate.

9. Freight, Handling and Prohibited Items

The Company accepts general commercial goods within its published capability. Certain items require prior written approval, including dangerous goods, temperature controlled items, high value electronics, live animals, perishable food, human remains, cash and negotiable instruments, and any item subject to special transport rules.

The following items are prohibited unless the Company gives specific written authorisation and the applicable legal requirements are met: unlawful goods, weapons and ammunition, narcotics, counterfeit items, hazardous waste, items that emit hazardous radiation, and anything that could endanger people, property or the environment.

You must declare the nature of every consignment accurately and provide safety data sheets, handling instructions and any required permits. The Company may open, inspect, refuse, quarantine, return or lawfully dispose of a consignment where it reasonably believes the item is prohibited, unsafe, unlawfully described or a risk to safety, and you are responsible for the resulting costs.

Where a consignment requires specialist handling, the agreed procedures are recorded in the operational schedule, and both parties will follow them. Any deviation must be reported immediately so that the risk can be assessed and managed.

10. Delivery, Risk and Title

Unless a Written Agreement states otherwise, risk in a consignment remains with the client until the consignment is delivered and the delivery is confirmed through the Company proof of delivery process. Title does not pass to the Company at any time.

Delivery is confirmed by a signature, a photograph, a geolocation note or another method recorded in the Platform. Where the client has instructed a safe place delivery, confirmation of delivery at that location completes the delivery for the purposes of these terms, and the client accepts the risk associated with that instruction.

Where a consignee refuses delivery, cannot be contacted after reasonable attempts, or provides an address that cannot be found, the Company will record the attempt and treat the consignment as an exception. The Company may return the item to the sender, hold it for collection, or store it, and the client remains responsible for the resulting charges.

Where a delivery requires an age, identity or licence check, the courier will complete the required verification and record the outcome. A failed check is treated as an exception, and the consignment returns through the reverse logistics process.

11. Claims, Loss and Damage

Claims for loss or damage must be submitted in writing with supporting evidence, including photographs, the consignment reference and the declared value. Claims for visible damage must be raised within seven days of delivery, and claims for loss must be raised within thirty days of the expected delivery date, unless a Written Agreement sets a different period.

The Company will investigate every claim promptly and will share its findings with the client. Where the Company accepts liability, compensation is calculated according to the applicable Written Agreement, the declared value of the consignment and any limitations agreed by the parties. Where no value is declared, compensation may be limited to a standard amount stated in the applicable rate card.

The Company is not liable for loss or damage caused by inadequate packaging, inaccurate labelling, the inherent nature of the goods, a lawful act of a public authority, or an event outside the Company reasonable control. The Company is also not liable for indirect or consequential loss, including lost profit, lost goodwill or lost opportunity, except where such loss cannot lawfully be excluded.

You must cooperate with the Company investigation and preserve the packaging and the damaged item until the claim is resolved. Where a claim is paid, the Company may take ownership of the damaged or lost item to the extent of the payment made.

12. Returns and Reverse Logistics

Where the Company handles returns, it will receive, inspect, grade and process returned items according to the agreed workflow. The client is responsible for the return policy that applies to its own customers, including the return window, the condition requirements and any restocking terms.

Returned items are graded against the criteria agreed with the client, and the outcome is recorded as restock, refurbish, recycle or dispose. Where an item is to be disposed of, the Company will follow the applicable environmental rules and will provide documentation of disposal on request.

The Company may consolidate returns and process them in batches to reduce cost. Where a client requires same day processing of a return, that requirement must be stated in the operational schedule so that the necessary capacity can be reserved.

Credit notes and refunds are issued by the client, not by the Company, unless the Written Agreement expressly makes the Company responsible for that step. The Company will provide the supporting records the client needs to complete its own financial process.

13. Fleet and Equipment Coordination

Where the Company coordinates fleet assets, it will manage availability, servicing intervals, inspections, driver qualifications and route assignment within the scope agreed by the parties. Ownership of vehicles and employment of drivers remain with the client unless a Written Agreement expressly transfers those responsibilities to the Company.

The Company will maintain records that demonstrate compliance with the relevant maintenance and inspection obligations, and will make those records available to the client on reasonable request. The client must report any defect, incident or change in the condition of an asset that could affect safety or availability.

Where a client supplies vehicles or equipment for use in a programme, the client confirms that the assets are roadworthy, properly insured and legally compliant, and that all necessary documentation is current. The Company may decline to use an asset that it reasonably considers unsafe or non compliant until the issue is resolved.

Telematics, fuel and utilisation data collected in the course of fleet coordination is used to plan work, calculate cost and improve performance. The parties will agree the retention period for that data and the access rights that apply to each party.

14. Software, Portals and Licence

Where the Company provides access to a portal, application or interface, it grants the client a limited, non exclusive, non transferable and revocable licence to use that software for the duration of the service relationship and solely for the purpose of the agreed services.

The client must not copy, modify, distribute, sell, sublicense, reverse engineer or attempt to derive the source code of the software, except to the extent that such a restriction is prohibited by applicable law. The client must not remove or obscure any proprietary notice, and must not use the software to provide services to a third party without written permission.

The Company may update, modify or replace the software at any time to improve performance, address a security issue or meet a legal requirement. Where an update materially changes a workflow the client relies on, the Company will give reasonable advance notice and will provide documentation or training where needed.

Account access may be suspended where the Company reasonably believes there is a security risk, a payment default or a breach of these terms. Suspension is applied for as short a period as the circumstances permit, and the Company will restore access promptly once the issue is resolved.

15. Intellectual Property

All intellectual property rights in the Platform, the Company software, its documentation, its designs, its trade marks and its know how belong to the Company or its licensors. Nothing in these terms transfers ownership of those rights to the client.

Where the Company develops custom configuration, reports, integrations or deliverables for a client, ownership is determined by the Written Agreement. Where the agreement is silent, the Company retains ownership and grants the client a licence to use the deliverable for its internal business purposes for the duration of the service relationship.

The client grants the Company a limited licence to use the client name, logo and trade marks solely to identify the client as a customer in operational materials and, where the client has given permission, in case studies and marketing content. That permission may be withdrawn at any time by written notice, and the Company will cease the relevant use within a reasonable period.

Neither party may use the other party intellectual property in a way that suggests endorsement, partnership or agency beyond the actual relationship without prior written consent.

16. Data Protection and Confidentiality

Each party will comply with the data protection laws that apply to it. Where the Company processes personal information on behalf of a client, the Company acts as a processor and the client acts as the controller, and the parties will put in place the terms required by applicable law, including the subject matter of the processing, its duration, its purpose and the security measures that apply.

The Company will process personal information only on the documented instructions of the client, will apply appropriate technical and organisational security measures, will assist the client with individual rights requests and impact assessments, and will notify the client without undue delay if it becomes aware of a personal data breach that affects the client data.

Each party will keep confidential the non public information of the other party that it receives in the course of the relationship. Confidential information may be used only for the purpose of performing the agreement, and it may be disclosed only to personnel and advisers who need it and who are bound by confidentiality obligations. These obligations do not apply to information that is public through no fault of the receiving party, was already lawfully held, or must be disclosed by law or a competent authority.

Confidentiality obligations survive the end of the service relationship for the period stated in the Written Agreement or, where no period is stated, for three years after termination. Trade secrets remain protected for as long as they qualify as trade secrets under applicable law.

17. Acceptable Use

You agree to use the website, the Platform and the services lawfully, honestly and in a way that does not harm the Company, other users or the public.

• Do not attempt to gain unauthorised access to any account, system or network.
• Do not introduce malware, conduct denial of service attacks or interfere with the normal operation of the Platform.
• Do not scrape, harvest or bulk extract data from the Platform except through a documented interface that the Company has authorised.
• Do not submit false orders, fraudulent claims or misleading information.
• Do not use the services to move prohibited goods or to facilitate unlawful activity.
• Do not impersonate another person or organisation, or misrepresent your authority to act.
• Do not use the services in a way that endangers drivers, couriers, warehouse staff or the public.

Where the Company reasonably believes that a breach of this section has occurred, it may suspend access, preserve evidence, notify the relevant authority and cooperate with any investigation. Serious or repeated breaches may result in termination of the service relationship.

18. Third Party Services and Integrations

The Platform may connect to third party software, mapping services, payment processors, messaging providers and address validation tools. Those services are provided under their own terms, and the Company does not control their availability, accuracy or security.

Where the Company integrates a third party service at the request of a client, the client is responsible for confirming that it has the right to use that service and to share the relevant data with it. The Company will transmit only the data that the integration technically requires and will follow the configuration agreed with the client.

Where a third party service fails, changes its interface, changes its pricing or withdraws a feature, the Company will make reasonable efforts to restore the integration or to propose an alternative. The Company is not liable for a loss caused solely by the act or omission of a third party provider, although it will cooperate with the client to reduce the impact.

19. Service Availability and Maintenance

The Company aims to keep the Platform available and performing well, but it does not guarantee uninterrupted availability. Planned maintenance is scheduled where possible outside peak operating hours. Emergency maintenance may be performed without advance notice where a security or stability issue requires immediate action.

Where a Written Agreement includes a service level for availability or response time, the measurement method and any exclusions are set out in that agreement. Exclusions typically include scheduled maintenance, emergency maintenance, failures of a third party network or service, and events outside the Company reasonable control.

The Company will notify affected clients of a material outage within a reasonable time and will provide updates until the service is restored. After a significant incident, the Company will review the cause and take steps to reduce the chance of recurrence.

20. Suspension and Termination

Either party may terminate the service relationship according to the notice period stated in the Written Agreement. Where no period is stated, either party may terminate on thirty days written notice.

The Company may suspend or terminate immediately where the client fails to pay an undisputed invoice after a reasonable reminder, breaches a material term and does not remedy the breach within the period allowed, provides false information, requests work that is unlawful or unsafe, or becomes insolvent or subject to an insolvency proceeding.

On termination, the client must pay all charges for services performed up to the termination date, including work in progress, storage and return costs. The Company will return or dispose of any consignments in its possession according to the client instructions and will provide a final reconciliation within a reasonable period. Access to the Platform ends on the termination date unless the Company agrees to a short transition period.

Provisions that by their nature should survive termination continue in force, including provisions on payment, confidentiality, intellectual property, liability, indemnity and dispute resolution.

21. Warranties and Disclaimers

The Company warrants that it will perform the services with reasonable skill and care, using suitably qualified personnel and appropriate equipment, and that it will comply with the laws that apply to its own business.

Except for that express warranty, and to the fullest extent permitted by applicable law, the services and the Platform are provided as available and without any other warranty, whether express, implied or statutory. The Company disclaims implied warranties of merchantability, fitness for a particular purpose, title and non infringement.

The Company does not warrant that the Platform will be error free, that every defect will be corrected, or that the Platform will operate with any particular third party system. The Company does not warrant any outcome that depends on information supplied by the client or on the acts of a third party. Any sample, demonstration or estimate is illustrative and does not form part of the agreement.

Nothing in these terms excludes or limits a warranty or right that cannot lawfully be excluded or limited, including any statutory consumer right where it applies.

22. Limitation of Liability

To the fullest extent permitted by applicable law, the total aggregate liability of the Company arising out of or in connection with the services is limited to the total fees paid by the client to the Company for the services giving rise to the claim during the twelve months preceding the event that gave rise to the claim.

The Company is not liable for indirect, incidental, special, punitive or consequential loss, including loss of profit, loss of revenue, loss of business, loss of goodwill, loss of data, business interruption or the cost of substitute services, whether the claim is based in contract, tort, strict liability or otherwise, and whether or not the possibility of such loss was known.

The limitations in this section do not apply to fraud, wilful misconduct, gross negligence where exclusion is prohibited, death or personal injury caused by negligence where exclusion is prohibited, or any other liability that cannot lawfully be limited or excluded.

Each provision of this section operates separately. If any part is found unenforceable, the remaining parts continue to apply, and the parties acknowledge that the fees reflect the allocation of risk set out in these terms.

23. Indemnity

You agree to indemnify and hold harmless the Company and its officers, employees and agents against claims, losses, liabilities, damages, costs and reasonable legal fees arising from your breach of these terms, your unlawful use of the services, the content or nature of a consignment you provide, your failure to obtain a required licence or permit, or your infringement of a third party right.

Where the Company receives a claim that may be covered by this indemnity, it will notify you promptly and will give you the opportunity to participate in the defence. The Company will not settle a claim in a way that imposes an admission or an obligation on you without your consent, which must not be unreasonably withheld.

The Company will indemnify you against a claim that the Platform, used as permitted under these terms, infringes a third party intellectual property right, provided that you notify the Company promptly, allow the Company to control the defence and cooperate reasonably. Where such a claim is made, the Company may modify the Platform, procure a licence or, if neither option is reasonably available, terminate the affected service and refund prepaid fees for the unused period.

24. Force Majeure

Neither party is liable for a failure or delay in performance caused by an event outside its reasonable control. Such events include severe weather, flooding, wildfire, earthquake, epidemic or pandemic, war, civil unrest, terrorism, industrial action, cyber attack, failure of a public utility or telecommunications network, government action, and a shortage of fuel, parts or labour that could not reasonably have been avoided.

The affected party must notify the other party promptly, describe the event and its expected impact, and use reasonable efforts to mitigate the effects and resume performance. Where the event continues for a prolonged period, either party may terminate the affected part of the service by written notice without liability for the unperformed portion, and the client remains responsible for charges for work already performed.

Where a force majeure event prevents a delivery, the Company may hold the consignment in safe storage or return it to the sender, and reasonable additional charges may apply.

25. Insurance

The Company maintains insurance cover that is appropriate to its operations, including general liability cover, motor cover for vehicles it operates, and cover for goods in its care, custody and control within the limits stated in the applicable certificate. Details of current cover are available on request.

Insurance cover is subject to policy terms, conditions, exclusions and limits, and it does not replace the risk allocation agreed in these terms. The existence of insurance does not create an admission of liability and does not extend the Company liability beyond the limits set out in these terms.

Where a client sends high value or unusual goods, the client should arrange additional cover in its own name and should declare the value in writing before dispatch. The Company will cooperate with a client insurer in the investigation of a claim to the extent reasonably requested.

26. Compliance with Laws

Each party will comply with the laws and regulations that apply to its business and to the services. This includes transport and vehicle safety rules, packaging and dangerous goods rules, export and import control rules, sanctions, anti bribery and anti corruption laws, product safety rules, employment law and data protection law.

You confirm that you are not subject to sanctions that would prohibit the Company from providing the services, and that no consignment is destined for a person or entity subject to such sanctions. The Company may decline or stop a service where it reasonably believes that providing it would breach a legal restriction.

The Company maintains policies that prohibit bribery, corruption, forced labour and human trafficking in its operations and in its supply chain. Suppliers and partners are expected to meet equivalent standards, and the Company may terminate a relationship where a serious breach is established.

27. Dispute Resolution

The parties will attempt to resolve any dispute arising out of or in connection with these terms through good faith negotiation. A party raising a dispute must give written notice describing the issue, the outcome sought and the supporting facts.

If the dispute is not resolved within thirty days of that notice, the parties will refer the matter to a senior representative of each party who has authority to settle it. If the matter remains unresolved, the parties may proceed to mediation before a mutually acceptable mediator. Mediation is conducted in good faith, and the costs are shared equally unless the mediator decides otherwise.

If mediation does not resolve the dispute, either party may bring proceedings in the courts of the jurisdiction stated in the applicable Written Agreement or, where none is stated, in the courts serving the location of the Company principal place of business in the United States. Nothing in this section prevents a party from seeking urgent injunctive relief where necessary to protect its rights or the safety of people and property.

These terms are governed by the laws of the jurisdiction stated in the applicable Written Agreement or, where none is stated, by the laws of the State of Utah in the United States, without regard to conflict of law principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

28. Changes to These Terms

The Company may update these terms from time to time to reflect changes in the services, the Platform, the law or the way the business operates. The effective date at the top of the page shows when the current version took effect, and the last updated line shows the most recent revision.

Where a change is material, the Company will provide reasonable advance notice. Notice may be given by a prominent website notice, an email to the account contact or a message inside the Platform. Where the change requires consent under applicable law, the Company will request that consent before the change takes effect.

Continuing to use the website or the services after an update takes effect indicates acceptance of the revised terms. If you do not agree with a change, you may terminate the service relationship according to the notice provisions, and any charges for work already performed remain payable. The terms that applied before the update continue to govern activity that occurred while they were in force.

29. How to Contact Us

If you have a question about these terms, a notice to give, or a dispute to raise, please contact us through the details below. Written notices are effective on the date they are received at the address or email shown here.

Abundant Ascent LLC
286 N Crestline Cir
St George - 84790-1106
United States (US)

Email: orders@abundantascent.autos
Phone: +13048328090
Website: abundantascent.autos

Please include the words terms enquiry in the subject line so that your message reaches the correct queue. If your message relates to a specific order, delivery or invoice, include the relevant reference so that the team can locate the record quickly. The Company welcomes questions about these terms and will respond promptly during normal business hours.

Thank you for taking the time to read these terms, and for choosing Abundant Ascent LLC for your fulfilment and delivery work.