InPost Terms & Conditions

InPost Platform Addendum Terms Supplementary Terms to the Sendcloud Terms & Conditions 

1. Scope and applicability 

1.1. These Supplementary Terms (“Supplementary Terms”) apply in addition to the Terms & Conditions of Sendcloud (“T&C”). In the event of conflict between the T&C and these Supplementary Terms, the Supplementary Terms shall prevail. 

1.2. These Supplementary Terms apply only to InPost customers, who subscribed for a Sendcloud account on [hyperlink to be added].   

1.3. Any capitalized terms or definitions used in these Supplementary Terms shall have the meaning ascribed to them in the T&C, unless explicitly stated otherwise herein. 

2. Payment 

2.1. For a specified period of time following the Customer’s registration on the Platform and selection of the applicable Subscription, the Subscription Fees and any fee charged by Sendcloud for creating a shipping label for services provided by the InPost (“InPost Label Fees”) shall be paid by InPost on behalf of the Customer, in accordance with the InPost Subsidy Terms [hyperlink to be added]. 

2.2. All other fees payable for the Services shall be borne by the Customer. Sendcloud shall invoice the Customer directly for such fees. 

2.3. Upon expiry of the period as mentioned in Article 2.1, the Customer expressly agrees that the Subscription Fees and InPost Label Fees shall become payable by the Customer, and Sendcloud shall invoice the Customer directly for the Subscription Fees and InPost Label Fees from that point onward. 

3. Data sharing 

3.1. The Customer acknowledges and agrees that Sendcloud may share the following data with InPost for the purposes of service improvement, platform optimisation, and analytics: (i) the Customer’s shipment volume information via InPost, (ii) the Customer’s total aggregated shipment volume information via other shipping methods, excluding identification of specific carriers, and (iii) the integration source used for the Customer’s orders. 

4. Compliance Carrier regulations and Dangerous Goods prohibition 

4.1. The Customer guarantees compliance with the Carrier instructions, terms and guidelines. More specifically, the Customer guarantees that it will not ship Dangerous Goods and that it will adhere to standards set forth by international regulations, such as the International Air Transport Association (IATA) Dangerous Goods Regulations and the International Maritime Dangerous Goods (IMDG) Code. Shipments containing unauthorized Dangerous Goods may result in penalties, delays, or refusal by the Carrier, for which Sendcloud assumes no liability.    

Appendix G – InPost Subsidy Terms  

• These Subsidy Terms apply between the Customer and InPost S.A., a company incorporated under the laws of Luxembourg, having its registered office at 7 0, route d’Esch, L 1470 Luxembourg, Grand Duchy of Luxembourg, and registered with the trade register of the Register of Commerce and Companies (R.C.S. Luxembourg) under number B248669 or any other InPost group company designated by InPost from time to time as the subsidizing entity (“InPost”). Any such designation may be made by InPost at its sole discretion and shall be effective immediately without the need for any amendment to these Subsidy Terms and without any requirement for notice to the Customer.

• Unless otherwise defined, any definition used in these Subsidy Terms shall have the same meaning as in the Terms & Conditions of Sendcloud. 

1. Scope of the Subsidy 

• InPost will pay, on the Customer’s behalf, the following Sendcloud fees during the Subsidy Period: (a) Subscription Fees; and (b) any fee charged by Sendcloud (“InPost Label Fee”) for creating a shipping label for services provided by InPost (“InPost Label”) subject always to paragraph 6 below. 

• The Customer’s contract for Sendcloud Services (including the Platform) remains exclusively with Sendcloud pursuant to the Terms & Conditions of Sendcloud and the Supplementary Terms (“Sendcloud Terms”). 

2. Duration of Subsidy 

• The Subsidy Period lasts 12 months from the date the Customer’s registers on the Sendcloud Platform. 

• The subsidy is a temporary fee support arrangement. InPost may, in its sole discretion and at any time, extend or reduce the Subsidy Period. InPost is under no obligation to maintain or extend the subsidy or Subsidy Period. 

• If extended, Sendcloud will be notified by InPost and whether the Subscription Fees and/or InPost Label Fees will be subsidised during any extended period. 

3.Subsidised Plan Level  

• InPost will subsidise the Sendcloud Subscription Plan that InPost considers suitable for the Customer’s actual shipping volumes. This means InPost covers the Platform Subscription Fee and InPost Label Fees that apply to that plan only. 

• If the Customer chooses to upgrade to a higher‑tier Sendcloud Subscription Plan, or use features or services that are part of a higher Subscription Plan, any extra costs or higher label fees linked to that upgraded Subscription Plan will be the Customer’s responsibility and will be charged to the Customer directly by Sendcloud. InPost will not cover or subsidise any additional amounts resulting from an upgraded or higher Subscription Plan.
  3.1 What Happens When the Subsidy Ends

• At the end of the Subsidy Period:

  • the Customer will be liable to Sendcloud directly for Platform Subscription Fees and

  • InPost Label Fees; and o

  • the Customer’s Sendcloud account will remain active and continue under the Sendcloud Terms.

4. What Is Not Subsidised 

• For the avoidance of doubt, the subsidy does not cover: 

  • any Sendcloud fees or charges for creating shipping labels for any parcel services other than InPost; 

  • any other fees or charges for the provision of InPost services (other than the InPost Label Fees);

  • any fees or charges for the provision of third-party carrier services;

  • any optional Sendcloud add ons, additional or premium features; and/or

  • any other fees or charges generated by the Customer using the Platform or the Sendcloud Services other than the Platform Fees and the InPost Label Fees.

The Customer always remains liable to pay these fees and charges to Sencloud pursuant to the Sendcloud Terms.

5. InPost Services 

• If the Customer does not have a separate parcel services contract with an InPost group company, the Customer will use the delivery services and rates made available to the Customer by Sendcloud. This means: 

  • InPost is not providing delivery services to the Customer directly;

  • InPost’s role is only to subsidise part of the Customer’s Sendcloud fees under these Subsidy Terms; and

  • all delivery services (including InPost delivery services) are provided to the Customer by Sendcloud or the relevant carrier under the Sendcloud Terms.

• If the Customer does have a separate parcel service contract with an InPost group company, the Customer acknowledges and agrees that:

  • these Subsidy Terms do not amend or affect that InPost Services Agreement;

  • all delivery services continue under the terms of that InPost Services Agreement with the applicable InPost group company; and 

  • these Subsidy Terms relate only to the subsidy of the Subscription Fees and InPost Label Fees. 

6. Exceeding Subscription Plan Limits 

• If, in any calendar month during the Subsidy Period, the Customer generates any labels in excess of the maximum monthly label allowance applicable to the Customer’s selected Subscription Plan, and the Customer has not obtained prior written consent from InPost to (i) exceed such allowance or (ii) upgrade to a higher Subscription Plan, then: 

  • The Customer shall be liable to pay InPost an additional surcharge for each InPost Label generated in excess of the permitted monthly limit (the “Excess Label Surcharge”).

  • The Excess Label Surcharge shall be equal to the additional amount that InPost is required to pay to Sendcloud for the excess InPost Labels. 

  • InPost will invoice the Customer directly for all Excess Label Surcharges incurred in that month. o The Customer must pay all Excess Label Surcharges within seven (7) days of the invoice date. Failure to pay within this timeframe constitutes a material breach of these Subsidy Terms. 

  • InPost’s failure to enforce this paragraph in any month does not constitute a waiver of its rights (including in respect of any subsequent month). 

7. Liability 

• The subsidy provided by InPost under these Subsidy Terms is a temporary fee support arrangement and does not create any obligation or responsibility on the part of InPost in relation to the Sendcloud Platform or any Sendcloud Services.

• To the fullest extent permitted by applicable law, InPost and its group of companies shall have no liability whatsoever to the Customer for: 

  • the performance, availability, security, functionality or use of the Platform;

  • any Sendcloud Services, including the creation, transmission or use of shipping labels; 

  • any carrier services purchased by the Customer through the Platform (unless these are services provided by InPost and the Customer has an InPost Services Agreement in which case the InPost Services Agreement applies);

  • any errors, delays, losses, interruptions, failures or issues arising from the Platform or Sendcloud Services; or

  • any acts or omissions of Sendcloud or any third‑party carrier integrated into the Platform.

• For the avoidance of doubt, all contractual and statutory responsibilities relating to the Platform and Sendcloud Services (including service levels, security, data processing, billing, and customer support) rest exclusively with Sendcloud and the Customer under the Sendcloud Terms.

• The subsidy is offered by InPost strictly as a temporary fee support arrangement. Accordingly, InPost shall not be liable, whether in contract, tort (including negligence), misrepresentation, breach of statutory duty or otherwise, for any direct, indirect, special, incidental or consequential loss arising out of or in connection with these Subsidy Terms, the Customer’s use of the Platform, any Sendcloud Services or the Customer’s relationship with Sendcloud.

• Any and all risks associated with the Customer’s use of the Platform or Sendcloud Services remain solely between the Customer and Sendcloud pursuant to the Sendcloud Terms. 

8. Applicable Law & Jurisdiction 

These Subsidy Terms and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation shall be governed by and construed in accordance with the law of Luxembourg. InPost and the Customer irrevocably agrees that the courts of Luxembourg shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with these Subsidy Terms or their subject matter or formation.