FedEx “Back for More” Campaign Agreement

 

1. Agreement ("Agreement")

i. I (hereinafter referred to as "I", "Me", "Customer," or "My") acknowledge that clicking the "I Accept" button constitutes My signature and My acceptance of and agreement to the terms and conditions of the FedEx “Back for More” Program ("Program") as set out in this Agreement, on My behalf and the entity on behalf of which I am acting in an official capacity, if any. I further acknowledge that My clicking the "I Accept" button below does not automatically render Me eligible for the Program, and that My eligibility to participate in the Program will be determined solely by FedEx ("FedEx") as provided in this Agreement.

ii. I acknowledge that once I am deemed eligible for the Program, this Agreement governs My participation in the Program. I acknowledge that those persons (including Me), who are declared eligible will be referred to throughout this Agreement as "Participant". When used in this Agreement, the name "FedEx" shall mean and include Federal Express Corporation and any and all of its affiliate and subsidiary companies providing certain transportation services pursuant to this Agreement, any of which may exercise the rights and privileges afforded FedEx under this Agreement.

2. Campaign Period

The Campaign shall commence on the date as stated on the Campaign Invitation email and will end on a date to be determined by FedEx. Note that all customers who enroll within the enrolment period stated in the invitation email qualify for the discounts mentioned for the duration that their account remains open.

3. Entry to Campaign

i. Entry into this Campaign is open to existing FedEx Express account holders who receive the Invitation Email (“Participants”).

ii. To enter this Campaign, Customer must successfully enroll by clicking the “I Accept” and “Activate Discount” buttons during the Campaign enrolment period as stated on the Campaign invitation email.

iii. Persons under the age of majority in the applicable jurisdiction of this Campaign must obtain the prior permission of a parent or guardian over the age of majority to enter.

iv. FedEx accepts no responsibility for any late, lost or misdirected entries including delays in the delivery of the entry due to technical disruptions, network congestion or for any other reason.

v. If a Participant’s account changes to cash-only after enrollment in the Campaign, Campaign discounts will not apply until the Participant’s account has been reinstated to normal credit terms.

4. Promotional Discount

i. A Participant who has successfully enrolled in this Campaign according to paragraph 3 above will enjoy a 55% discount (the “Promotional Discount”), for 3 months (calculated on a thirteen (13) week-basis) from the date the account is enrolled (the “Initial Period”), off the list-priced basic freight charge of each Eligible Shipment (as specified below in paragraph (iii)). No other charges, including but not limited to fuel surcharge, duty and tax surcharges and other surcharges, are subject to the discount.

ii. The Promotional Discount cannot be used in conjunction with any other shipping discount(s) or offer(s) provided by FedEx.

iii. “Eligible Shipments” must meet all of the following requirements:

  • Shipments must be invoiced to, and settled by, the new FedEx account specified upon enrolment in order to enjoy the Promotional Discount, the Automation Bonus and the Earned Discount;
  • Pooling of shipments from multiple accounts is not permitted and such pooled shipments are not eligible to receive the Promotional Discount, the Automation Bonus and the Earned Discount;
  • The number of Eligible Shipments is determined based on the number of air waybills. One air waybill equals one shipment and a single shipment with multiple pieces will be considered as one shipment;
  • Shipments must be imports or exports using FedEx International Priority Express (IPE), FedEx International Priority (IP), FedEx International Economy (IE), FedEx International Priority Freight (IPF), or FedEx International Economy Freight (IEF) services;
  • Shipments must not be any of the following services: FedEx 10kg and 25kg Box, spot rate, FedEx International Priority Direct Distribution (IPD), FedEx International Economy Direct Distribution (IED) or FedEx International First (INF).

iv. The Promotional Discount is applied automatically to the new FedEx account displayed on the confirmation page after enrolment and cannot be transferred to another account held by the same person or entity.

5. Automation Bonus

i. A Participant who has successfully entered this Campaign in accordance with paragraph 3 above qualifies for the Automation Bonus when shipments are made through an eligible FedEx digital shipping solution, including but not limited to FedEx Ship Manager™ at fedex.com. Upon request of the Participant, FedEx will provide a list of eligible digital shipping solutions. (Note: Under this Campaign, FedEx® Quick Form is not eligible for the Automation Bonus.) The Automation Bonus for using eligible digital shipping solutions is subject to change by FedEx.

ii. The Automation Bonus is 5% off the list-priced basic freight charge of each Eligible Shipment for the Campaign Period when meeting the requirements stated herein. No other charges, including but not limited to fuel surcharges, duty and tax, ancillary service fees, special handling fees or any other surcharges, are eligible for the Automation Bonus.

iii. When a Participant qualifies for an Automation Bonus by making a shipment using an eligible digital shipping solution, the Participant’s Earned Discount (as specified below in paragraph 6), if any, shall be applied to such Eligible Shipments in addition to the Automation Bonus. The Automation Bonus may be applied separately from the Earned Discount, as defined below.

6. Earned Discount

i. At the end of the Initial Period, Participants who have an active FedEx account during the last month of the Initial period, as determined by FedEx, may receive an earned discount (“Earned Discount”) of 45%, 50%, 55%, 60% or 65% depending on the Participant’s Average Monthly Spend (as defined below).

ii. The Earned Discount will be calculated by totaling the Participant’s Average Monthly Spend (as defined below) on invoiced total gross transportation charges (“Transportation Charges”) of all Eligible Shipments (as defined above). The Earned Discount will be taken off FedEx list prices in effect on the date Eligible Shipments are tendered to FedEx.

iii. The Transportation Charges used in the calculation of the Participant’s Average Monthly Spend (as defined below) are before discounts are applied, and do not include ancillary service fees, surcharges, special handling fees or other charges, duties and taxes, or sales tax/VAT.

iv. The “Average Monthly Spend” will be calculated as follows:

a. In the month immediately following the Initial Period, the Average Monthly Spend is calculated based on the gross customer spend on Transportation Charges in the preceding one (1) month, being the last full month of the Participant’s Initial Period; and

b. Thereafter, the Average Monthly Spend is calculated based on the cumulative gross customer spend on Transportation Charges in the preceding months (commencing from the last month of the customer’s Initial Period), up to and including the customer’s cumulative gross spend on Transportation Charges over the preceding twelve (12) months.

c. Please see below paragraph (v) for an example of the calculation of the Earned Discount.

v. The amount of the Earned Discount to be applied to the relevant invoices will be calculated each month as follows:

Earned Discount Tiers:

Tier

Minimum Average Monthly Spend on Transportation Charges with FedEx
(Singapore Dollars)

Discount to be Enjoyed in the Following Month

1

< $640

45%

2

≥ $640

50%

3

≥ $780

55%

4

≥ $1,340

60%

5

≥ $2,480

65%

vi. The Earned Discount can only be applied to export or import shipments using the following FedEx services:

a. Priority Letter

b. Priority PAK

c. International Priority Express

d. International Priority

e. International Economy

f. International Priority Freight

g. International Economy Freight

vii. Earned Discount Example: If a Participant enrolls for the Campaign on 1st October 2024, the Participant’s Initial Period will be three (3) months, commencing on 1st October 2024 and ending on 31st December 2024. During that Initial Period, the Participant will be eligible to receive the 55% Promotional Discount. The Participant’s account will then be placed on the Earned Discount Tier starting 1st January 2025. The Earned Discount for January 2025 will be calculated based on the Transportation Charges from the last full calendar month of the Initial Period (which is December 2024 in this example). If the participant spends S$300 on transportation charges during the month of December 2024 (being the last full month of the Participant’s Initial Period), the Participant’s Earned Discount in January 2025 (i.e., the first month following the Initial Period) will be 45% (based on the Earned Discount Tiers table as set out above). If the Participant then spends S$700 on transportation charges in January 2025, the Participant’s Earned Discount in February 2025 (i.e., the following month) will be 45% which is based on the transportation charges incurred in December 2024 and January 2025, divided by 2 months (i.e., S$300 + S$700 = S$1000; S$1000/2 months = S$500). This pattern of calculation will continue over the life of the Participant’s account, aggregating up to a maximum of the last twelve (12) months spend on gross transportation charges.

Examples of Earned Discount Based on Customer’s Billing Cycle:

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Note: The Earned Discount may vary slightly from that shown above, depending on the billing cycle of the individual Participant’s account. For the avoidance of doubt, the same discount principles will apply as set out under “Earned Discount” above.

viii. The Participant may view the Earned Discount applied to their shipment by referring to their FedEx invoice and/or referring to the FedEx Rate Sheet tool for detail.

7. Confidentiality

Both FedEx and Customer agree that the terms of this Agreement, including the Discount and pricing, are confidential and shall be held in strict confidence by both parties and may not be disclosed unless required by law. Customer agrees not to post or publicly display the terms or the pricing. FedEx and Customer also agree that any discussions or negotiations regarding the pricing, the Discount or any changes thereto (including but not limited to future pricing offerings) are also confidential and are subject to this provision of confidentiality. Notwithstanding the foregoing, disclosure by FedEx to any of its subsidiaries, affiliates, related entities, subcontractors, agents and/or representatives is permitted without notice or consent. Furthermore, disclosure by Customer of this Agreement or any terms to any third party without consent by FedEx and execution of a mutually agreeable non-disclosure agreement between FedEx and such third party shall be considered a breach by Customer.

8. Indemnity

Participant shall indemnify, defend and hold harmless FedEx and its parent(s) and affiliates, and its and their directors, officers, employees, representatives, subcontractors and agents, from and against any and all claims, demands, causes of action, losses, damages, judgments, injuries and liabilities, including the payment of related legal fees (collectively, "Claims"), by/from third parties, arising out of or in any way related to the offer, sale, distribution and/or use of Participant's products and/or services, including without limitation violations of any applicable federal, provincial or local law, regulation, rule or ordinance by Customer. Furthermore, Participant acknowledges and agrees the pricing under this Agreement are exclusive of any penalty, customs duties and other relevant taxes imposed by the destination authorities. If any such penalties, duties and taxes are levied on a shipment and FedEx pays them on behalf of the party responsible for payment, FedEx will bill back to Customer. This provision shall survive the expiration or termination of this Agreement.

9. Termination

Notwithstanding anything in this Agreement, either party may terminate this Agreement immediately upon notice due to the other party's noncompliance with its terms. Either party may terminate this Agreement at any time without cause and without fees unless otherwise stated in the Agreement or the pricing attachment, upon 30 days’ prior written notice to the other party.

10. Controlling Law and Severability

This Agreement shall be governed by and construed in accordance with the laws of the country where the applicable FedEx operating company is registered. If for any reason a court of competent jurisdiction finds any provision of this Agreement, or a portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the parties and the remainder of this Agreement shall remain in full force and effect.

11. Complete Agreement

This Agreement constitutes the entire agreement with respect to the Program and supersedes any prior or contemporaneous understandings, representations, statements or agreements, written or oral. No amendment to, modification of, or waiver of any provision of, this Agreement will be binding on FedEx without FedEx's written consent which must be identified as an amendment, modification or waiver.

12. General

i. FedEx shall not be liable for any loss or damage (including but not limited to indirect or consequential loss) which is suffered by a Participant or other parties in connection with this Campaign, including but not limited to personal injury and tax obligations that may arise from accepting any of the rewards, except for any liability which cannot be excluded by law.

ii. Eligibility excludes the directors, management and employees (and their immediate families) of FedEx, its related entities, printers, suppliers, providers and agencies associated with the Campaign stated herein as well as employees, agents, officers, and representatives of any government department, government owned entity, juristic person funded by any government department, political party or public international organisation, or any candidates for political office.

iii. Unless otherwise approved in writing by FedEx, all discounts offered under this Campaign are for the exclusive use and benefit of a Participant only and are not transferrable. FedEx reserves the right, at its sole discretion, to suspend and/or terminate the Participant’s account when a Participant is found to be in violation of this restriction.

iv. FedEx reserves the right to require the Participant(s) to execute a certificate of eligibility prior to awarding the promotional discount to the Participant(s), confirming that the Participant is not excluded from entry into this Campaign pursuant to these Terms and Conditions and that the Participant has complied fully with these Terms and Conditions. If so required by FedEx, truthful completion of this certificate is a precondition to the award of the discount.

v. By entering this Campaign, unless otherwise advised by the Participant, each Participant consents to the information the Participant submits being entered into a database which may be used by FedEx in any media for future promotional and publicity purposes, in accordance with the FedEx Privacy Policy.

vi. If this Campaign is not capable of running as planned for any reason, including tampering, unauthorized intervention, fraud, technical failures and any other causes beyond the control of FedEx, which corrupt or affect the administration security, fairness, integrity or proper conduct of the promotion, FedEx reserves the right in its sole discretion to cancel, terminate, modify or suspend this Campaign.

vii. In the event of any inconsistency between these Terms and Conditions and any brochure, marketing or promotional material relating to this Campaign, these Terms and Conditions will prevail.

viii. The terms and conditions of carriage in the applicable FedEx Express Air Waybill, in effect on the day of any shipment, shall apply to the shipment. If there is a conflict between the terms of the FedEx Express Air Waybill and these Terms and Conditions, the former will control.

ix. In the event of any discrepancies with respect to this Campaign, the decision of FedEx is final and no other further correspondence will be accepted. FedEx will not be obliged to award the rewards if it is contrary to any applicable laws or regulations.

x. FedEx reserves the right to amend these Terms and Conditions at any time without notice. Subject to regulatory approval.

xi. Modifications. FedEx reserves the right to issue new discounts, modify FedEx's List Rates, impose surcharges (including fuel surcharge) and amend, modify, or discontinue the Program at any time. FedEx will provide not less than thirty (30) calendar days' prior notice to participants of any change in the discounts or a discontinuance of the Program either by mail or a message sent by an electronic transmission. Any amendment or modification to FedEx List Rates, surcharges (including fuel surcharge), or other terms and conditions of the Program, will be posted on fedex.com/en-sg/home.html and will also be available from FedEx Customer Service.

xii. Payment Terms. Payment is due at the time Services are rendered. The invoice date begins the credit term cycle, and payment is due within the number of days specified on the pricing attachments from the invoice date. However, invoices for duties and taxes are payable on receipt. Customer agrees that remaining current on all payables is a condition to the extension of credit and pricing. Failure to comply with payment terms may result in denial of credit or removal of applicable pricing, in FedEx sole discretion.

xiii. Reservations. Services under the Program are subject to availability of aircraft space as determined by FedEx. Participants using FedEx service under the Program shall, for any shipment above 300 kg in actual weight, contact and receive a confirmation of aircraft space availability from FedEx. FedEx is not liable in any way if space is not available. FedEx determination of aircraft space availability for any particular shipment shall be conclusive.

xiv. Surges. Participants shall notify FedEx in writing at least twenty-four (24) hours in advance of any known or anticipated package volume surges. There is a package volume surge for an account when the participant tenders packages that substantially exceed the number, type, size, and/or weight of packages tendered on average by the participant throughout the year. When such surges occur, FedEx may, in its sole discretion, either: accept such packages while waiving the Money Back Guarantee (if any) and commitment times; or decline to accept such packages without further obligation of any kind to the participant.