Services to be rendered by the Contractor
The Contractor agrees to perform the following as defined:
Facilitate a request from Shipper for freight shipping quotes from the Client and introduce Client to Shipper.
The Contractor agrees to perform sales and marketing activities for new business development purposes for and on behalf of the Client, as a representative of the Client.
The Contractor will not be responsible for any tasks other than those specified in the previous section of this contract unless agreed upon by mutual consent with the Client.
Responsibilities of the Client
The Client shall provide access to all information required by the Contractor to complete the Work specified in the previous section.
The Client shall ensure that this cooperation takes place by: appointing a Client Representative with the necessary authority to approve or make decisions if the Client is unavailable.
The Client agrees and acknowledges that the information presented by the Contractor is for informational purposes only. Any issues arising from the use of said information shall hold Contractor harmless.
The Client agrees and acknowledges that while every effort has been made by the Contractor to verify information presented as being valid and current, due to the ever-changing and volatile nature of the transportation industry there may or may not be errors, omissions or inaccuracies in the information provided, from time to time. In the event of any discrepancies it is the Client's responsibility to make aware the Contractor of such discrepancies to seek to remedy the situation immediately.
The Client acknowledges and agrees that sales lead contact information purchased is information transmitted as a “digital product”. Client recognizes and fully understands digital/information products are non returnable and therefore, nonrefundable. All sales/transactions are final. Absolutely no refunds. Any attempts to fraudulently chargeback transactions with issuing credit card processor subsequent to delivery/download of information product shall result in administrative and collections charges and fees totaling not less than a minimum of $1,000.00 USD (One Thousand United States Dollars), not including any associated legal/attorneys' fees. In the event of any fraudulent claims, collections procedures shall commence immediately. Any third parties including, but not limited to, credit card processors, financial institutions and the like, involved in aiding and abetting the Client to fraudulently chargeback transactions, can be held liable to the fullest extent of the law for partaking in and/or enabling such criminal activities.
Be advised that electronic transmission of this digital information to your electronic device(s) associated with and connected to the IP address from which this information was accessed constitutes as evidence of successful fulfillment of our services to the Client’s satisfaction.
All chargebacks and reversals and any fraudulent claims, including but not limited to, “product not shipped/delivered” made with a credit card issuer or financial institution is construed as FRAUD, GRAND LARCENY and as THEFT OF SERVICES and is punishable by law. Any such instances will be reported immediately to the Authorities and legal actions will be taken. Your personal information, including but not limited to, your name, contact phone number, physical address, billing information, IP address, email address, social media profiles, etc. can and will be made available to any legal and/or collections parties, should it be deemed necessary.
Charges, payment & basis of fee calculation
All charges in United States Dollars (USD). Payment to be received prior to services being rendered. Service flat fee = $5,000 USD per qualified sales lead (a.k.a. Shipper) who actively engages with the Client with the intention of allowing the Client an opportunity to arrange transportation of commercial goods for and/or on behalf of Shipper in accordance with the regulations set forth by the USDOT, as per the assigned Motor Carrier Authority granted to the Client.
The Contractor retains ownership of all work performed, including all relevant intellectual property rights.
The Contractor agrees to execute to the best of their abilities any and all sales and marketing activities which shall reasonably expeditiously result in the Shipper genuinely being interested in considering and actively engaging with the Client for the purposes of allowing the Client opportunities to quote on and possibly subsequently move or arrange for the transportation of freight for and/or on behalf of the Shipper.
The service shall be deemed rendered in full when the Shipper initiates contact with the Client for the purposes of requesting freight transportation rates from the Client.
All correspondence will be in English. Unless specified in a written appendix to this contract, no information covered by this contract will be considered confidential.
The Contractor shall use discretion to the best of their ability to protect such information, but shall be held blameless for the release of any information not explicitly declared confidential in this section or an appendix to the contract.
The Client shall hold the Contractor blameless for any unanticipated consequences of accepting the Contractor’s work, and agrees to indemnify and save harmless the Contractor from any and all claims or demands, without limitation, arising out of any alleged libel or copyright infringement or other problem committed by the Client in creating the work.
The Contractor shall make every effort to bring questionable information to the attention of the Client, but shall not be held responsible for any failure to identify such Information.
This contract and any attached Appendices represent the entire contract between the Contractor and the Client.
The terms of this contract shall be interpreted according to applicable laws and intellectual property laws of the Province of British Columbia, Canada.
Special clauses or instructions
This contract may be changed and/or amended by the Contractor with or without notice.
All such changes shall be attached in the form of a signed and dated appendix.