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Terms & Conditions

Services Agreement (“Agreement”) is made by and between: Ultralus, LLC, 681 smoky hills ln Erie Colorado 80516 (“Provider”) and my company the (“Client”). For good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows:

Description of Services and Deliverables: The Client has engaged the Provider to provide the following services:

Onboarding - Qualify Drivers

Electronic DOT application
	Pre-Screening – Motor Vehicle Record (MVR), DOT Pre-employment screening (PSP), the FMCSA Pre-employment clearinghouse query
	DQ file creation

DOT Compliance

Assistance in setting up DOT, CSA, and FMCSA Clearinghouse portals.
	Keeping DQ file maintenance up to date with: 
	
		Driver’s license and DOT physical
		Annual MVR reviews
		Annual FMCSA clearinghouse queries
	
	
	MCS 150 update assistance
	CSA monitoring
	DOT audit support

Training

Drivers’ safety policy manual
	Monthly driver safety training for all drivers and supervisors
	Training completion reporting

Accident Reporting

Accident report forms
	DOT accident register
	Access to discounted professional accident investigators.

Drug And Alcohol Consortium

DOT-compliant drug and alcohol policy
	Pre-Employment drug testing
	DOT random pool testing
	DOT post-accident testing
	Reasonable suspicion testing

Fees. All fee amounts are listed on the client payment page and will not change during the current term. Monthly recurring service fees are due in advance of services and will be automatically charged based on the active driver count on the 1st of each month. Fees for adding a driver will be charged immediately when the driver is added.    
	Payments: The client will pay all service fees to the Provider in US Dollars by (EFT) electronic funds transfer or credit card. For credit card transactions I understand and accept that a fee of $5 per driver for a new driver and $2 a month per active driver will be added to each transaction. These credit card fees are used to pay a third party, so they are non-refundable. Should Client fail to pay any service fees within the terms, Provider may consider Client in breach and suspend all performance under this Agreement until all service fees are paid in full.
	Active Drivers: It is the responsibility of the Client to communicate to the Provider in writing any changes to the active driver count prior to each billing cycle.   
	Agreement Term:  Upon execution of this Agreement by the Provider and Client, this Agreement will continue for a term of one (1) year. The Agreement will be renewed automatically at the end of each term for an additional one (1) year term unless either party Client or Provider provides the other party with written notice of intent to terminate the Agreement at least thirty (30) days prior to the end of any term. Each renewal term will be subject to all the terms set forth in this Agreement and payment of all service fees.
	Termination: This Agreement may be terminated by mutual written agreement of the parties at any time during the term described in Section 4. Either party may terminate this Agreement if the other party breaches the Agreement, and the breach is not substantially cured within ten (10) days of written notice of the breach. The Client shall be obligated to pay to the Provider all outstanding invoices as well as the full monthly amounts that would have been due until the end of the current term if they breach the contract.
	Ownership of Data: It is mutually agreed that all materials prepared by the Provider during this shall be the property of the Provider. Upon termination and full payment of all service fees, the provider shall deliver to the Client all driver qualification, accident, and training records to that date. Once that data is delivered the Provider shall delete all that data from their systems.  
	Confidentiality Obligation: Client acknowledges that Provider may have access to confidential or proprietary information belonging to Client.  Accordingly, Provider acknowledges and agrees they will not, without the prior written approval from an authorized representative of Client, use or disclose to any person, corporation, firm, or other entity whatsoever.
	Text Messaging & Email Client authorizes the provider, its assigns, successors, or servicing agents to send SMS/MMS (text messages) and Email notifications to any phone numbers or addresses provided to the Provider, their assigns, successors, or service agents in connection with services provided from this Agreement. The client may withdraw consent for any associate by notifying the Provider by email with the name, email, and phone number of the person to remove. The provider will not impose any fee to process the withdrawal of consent. Any withdrawal of consent will be effective only after the Provider has a reasonable period of time to process the withdrawal. The client is responsible for all charges to their company or associates, for text messaging or data, resulting from this service imposed by their communications service provider.
	Limitation of Warranty and Liability: This consulting service is continually under development and is advisory in nature, informational in content, and intended to assist the Client in improving their overall safety performance. The service does not create a standard or regulation, and it creates no new legal obligations. The provider assumes no legal liability for the accuracy, completeness, or use of any information, apparatus, product, or process disclosed. The Client must comply with all Federal, State, and Local laws and requirements and any other legal requirements. In addition, it is up to the Client to select and maintain training, policies, and processes that assure their employees work safely and comply with all laws and regulations. In no event shall the Provider and its trustees, officers, and employees be liable for any liability, loss, injury, or risk (including, without limitation, incidental and consequential damages, personal injury/wrongful death, lost profits or damages) which is incurred or suffered as a direct or indirect result of the use of any of the material, advice, guidance or services given, whether based on warranty, contract, tort, or any other legal theory and whether or not the Provider or any of its trustees, officers or employees is advised of the possibility of such damages. THE PROVIDER WILL NOT BE LIABLE TO THE CLIENT, OR ANY THIRD PARTY FOR SPECIAL, EXEMPLARY, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY NATURE OR KIND. 
	Modification:  This Agreement may not be modified other than by a written amendment executed by each of the parties hereto.
	Governing Law:  This Agreement will be construed in accordance with, and be governed by, the internal laws of the State of Colorado.
	Enforcement:  The successful party in any litigation brought under this Agreement shall be entitled to reimbursement from the unsuccessful party of all attorneys’ fees and costs incurred in the matter.
	Severability:  If any provision or part thereof in this Agreement is held invalid, illegal, or unenforceable for any reason, the remainder of this Agreement will nonetheless remain in full force and effect.
	Binding Agreement:  This Agreement will benefit and be binding upon the parties hereto and their respective heirs, representatives, successors, and permitted assigns.
	Entire Agreement:  This Agreement constitutes the entire understanding and agreement between the parties concerning the subject matter covered herein and supersedes all prior agreements and understandings, written or oral, among any of the parties with respect to such subject matter.

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