Legal Agreement

Terms of Service

Effective Date: January 1, 2025 | Last Updated: January 17, 2025

1. Introduction

These Terms of Service ("Terms") govern your use of Gateway' services, operated by Gateway, a Delaware limited liability company ("Company," "we," "us," or "our"). By accessing or using our services, you agree to be bound by these Terms. If you disagree with any part of these terms, you may not access our services.

2. Services Description

Gateway provides international freight forwarding and logistics services, including but not limited to:

  • Ocean freight forwarding (FCL and LCL)
  • Non-Vessel Operating Common Carrier (NVOCC) services
  • Customs clearance and documentation
  • Container tracking and monitoring
  • Rate quotation and booking
  • Supply chain consultation

3. Shipping Terms & Conditions

3.1 Quotations

All quotations are subject to change without notice and are valid for 30 days unless otherwise specified. Rates quoted do not include unforeseen charges such as detention, demurrage, storage, or customs examination fees.

3.2 Booking Confirmation

Bookings are not confirmed until you receive written confirmation from us. We reserve the right to refuse or cancel bookings at our discretion.

3.3 Documentation

You are responsible for providing accurate and complete documentation. Any delays or costs arising from incorrect documentation will be your responsibility.

3.4 Bills of Lading & Payment Collection

As a licensed Non-Vessel Operating Common Carrier (NVOCC), Gateway issues House Bills of Lading (HBL) to customers while maintaining control of the Master Bill of Lading (MBL) issued by the ocean carrier. This is standard industry practice for cargo control and payment security.

  • House Bill of Lading (HBL): Gateway issues an HBL to the customer as proof of shipment and contract of carriage
  • Master Bill of Lading (MBL): Gateway holds the MBL issued by the ocean carrier and retains control of cargo release

Payment Terms & Cargo Release:

  • Standard Payment Terms: By default, Gateway does NOT collect payment upfront. Payment timing will be determined by Gateway and communicated at booking, which may include: (1) payment upon cargo arrival at destination terminal, (2) payment once vessel has sailed, (3) payment when cargo reaches certain nautical miles at sea, or (4) other mutually agreed terms. Gateway will hold the MBL until payment is received as per agreed terms.
  • Approved Credit Accounts (Net 30/60/90): Customers with approved credit terms may receive cargo release before payment. Credit limits and payment terms are determined by Gateway's credit department based on business credit history and financial standing. Standard payment terms may still apply to initial invoices while credit is being established.
  • Prepayment Required (Specific Cases): Gateway reserves the right to require prepayment BEFORE cargo moves in cases of: (1) new customers without established credit history, (2) customers with poor payment history, (3) high-risk shipments, or (4) promotional arrangements. Prepayment requirements will be clearly communicated at booking confirmation.
  • Cargo Hold Rights: The customer acknowledges that Gateway has the right to hold cargo at destination until full payment is received (unless credit terms have been approved), even if the shipment has physically arrived. Payment terms are specified on each booking confirmation and invoice.
  • Storage Fees: Any storage, demurrage, detention, or per diem charges incurred due to delayed payment beyond agreed terms are the customer's responsibility. These charges begin accruing per the applicable tariff and terminal rules.

Important: This payment control mechanism is industry-standard NVOCC practice. In most cases, payment is NOT collected upfront. Specific payment timing will be confirmed at booking and clearly stated on your invoice. Credit terms are available to qualified customers upon approval.

4. Limitation of Liability

Our liability for any loss or damage to goods shall be limited according to the applicable international conventions and our standard trading conditions:

  • For ocean freight: Limited to $500 per package or customary freight unit
  • We are not liable for indirect, consequential, or special damages
  • Force majeure events exempt us from liability

5. Payment Terms

Payment terms are as agreed upon in your credit application or as specified on invoices:

  • Standard terms: Payment due upon receipt of invoice
  • Credit accounts: Net 30/60/90 days as approved
  • Late payments subject to 1.5% monthly interest
  • All payments in USD unless otherwise agreed
  • Customer responsible for all collection costs

6. Rewards Program & Gift Cards

6.1 Environmental Value Sharing Program

Gateway calculates the environmental benefit created when customers choose ocean freight over air freight. As a licensed Ocean Transportation Intermediary (OTI), Gateway actively selects and partners with carriers that prioritize CO₂ reduction and sustainable shipping practices. Based on verified CO₂ emissions reductions and established carbon offset market prices ($20/ton), we share 10% of this environmental value with our customers as reward credits. This program recognizes your contribution to reducing global carbon emissions through sustainable carrier selection and ocean freight transportation.

By participating, you agree to the following:

  • Payment Required: Credits are earned only when shipment invoices are fully paid. Credits are NOT earned for booked, pending, or in-transit shipments until payment is received
  • Credits have no cash value and cannot be transferred, sold, or exchanged for cash
  • Gateway reserves the right to modify, suspend, or terminate the Program at any time
  • Credits earned through fraud, error, or abuse will be forfeited
  • Credits expire 12 months from date of earning if account is inactive

6.2 Credit Redemption Options

Reward credits may be redeemed in two ways:

A. Shipment Credit (Unlimited)

  • Apply unlimited credits towards future shipments
  • No maximum limit - use all available credits on any invoice
  • Credits applied automatically reduce invoice balance

B. Gift Card Redemption (Limited for Fraud Protection)

  • Maximum 4 Gift Cards Per Week: Customers may redeem up to 4 digital gift cards per 7-day period for fraud protection and account verification purposes. Each redemption triggers an administrative review.
  • No Refunds: Gift card redemptions are final and non-refundable
  • Third-Party Terms: Gift cards are subject to the terms and conditions of the issuing merchant
  • Delivery: Digital gift cards are delivered via email within 24-48 hours
  • Verification Required: Gateway may require identity verification before processing gift card redemptions
  • Fraud Prevention: Suspicious redemptions may be delayed or denied. The 4-gift-card-per-week limit helps protect against fraudulent activity. Weekly limits reset every 7 days from first redemption.
  • No Liability: Gateway is not responsible for lost, stolen, or misused gift cards after delivery

6.3 Account Suspension Protection

Gateway reserves the right to suspend or terminate accounts and forfeit all rewards if:

  • Outstanding unpaid invoices exceed 90 days
  • Fraudulent activity or Terms violation is detected
  • Chargebacks are filed against Gateway for legitimate charges
  • Account is used to abuse or manipulate the rewards program

Important: By redeeming gift cards, you acknowledge that Gateway acts only as an intermediary between you and third-party gift card providers. Gateway makes no warranties regarding gift card availability, validity, or merchant acceptance.

7. Indemnification

You agree to indemnify, defend, and hold harmless Gateway, its officers, directors, employees, and agents from any claims, damages, losses, or expenses (including legal fees) arising from your use of our services, violation of these Terms, infringement of any third-party rights, or misuse of the rewards program including gift card redemptions.

8. Governing Law & Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict of law provisions. Any disputes arising under these Terms shall be subject to the exclusive jurisdiction of the courts in Delaware.

9. Modifications to Terms

We reserve the right to modify these Terms at any time. Changes will be effective immediately upon posting on our website. Your continued use of our services following any changes constitutes acceptance of those changes.

10. Contact Information

For questions about these Terms of Service, please contact us at:

Company: Gateway

Email: sales@gatewaylines.com

Phone: 24/7 Available

Location: USA Headquarters

By using Gateway services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.