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Terms and Conditions
This Services Agreement is entered into by DOT Compliance Help, Inc. (DCH), at 543 East Main St., Ste. B, East Dundee, IL 60118 and the Customer (“Customer”).
If the Customer has not lapsed in the payment of the Fees, DCH shall provide customer service to Level-Billing Customers via e-mail and phone to answer questions about our Services. Normal customer service hours are 10:00am – 3:00pm CST.
E-mail Communication. The Customer agrees that all agreements, notices, disclosures and other communications can be provided to the Customer electronically and will satisfy any legal requirement that such communications be in writing. The Customer agrees to keep DCH updated on any change to the preferred e-mail address.
Phone Number Policy. When providing a wireless, land, business, or personal phone number to DCH, the Customer expressly gives DCH consent to call them at this phone number.
Prices and Payment
Prices. Prices for the Services shall be the prices agreed upon in invoices. No refunds will be made except with the exception of cancellation on the part of DCH. DCH may be required to collect and remit taxes from Customer, unless Customer provides DCH with a valid tax exemption certificate. In no event will either Party be responsible for any taxes levied against the other Party’s net income.
Payment.Payment is due on the date agreed upon in individual invoices and agreements. Preferred method of payment is credit card. Invoicing will occur via email. DCH may decline to make any shipments or provide the Offering if in DCH’s reasonable opinion, circumstances exist which raise doubt as to the Customer’s ability or willingness to pay as provided herein. If a Customer defaults, DCH shall have other rights and remedies as may be provided by law.
Credit Card Authorization. For Customers utilizing credit card for payment, the Customer authorizes DCH to charge the credit card indicated on this authorization form according to the terms outlined in this agreement for the initial sale as well as for additional sales and annual renewal fees unless otherwise instructed. If the noted payment date(s) fall on a weekend or holiday, Customer understands that the payment may be executed on the next business day. The Customer understands that this authorization will remain in effect until the debt is fully discharged or the Customer cancels this authorization in writing, whichever comes first, and the Customer agrees to promptly notify the business in writing of any changes in credit card account information or termination of this authorization at least 15 days prior to the next billing date. The Customer provides authorization to DCH to obtain updated credit card information through the Customer’s bank or third party resources in the event of card re-issue or expiration. The Customer certifies that he/she is an authorized user of this credit card and will not dispute the payments with Customer’s credit card company, so long as the transaction corresponds to the terms indicated in this Agreement.
Credit Card or Check Failure: Customers are responsible for any and all fees associated with a refund, failed credit card transaction, bounced electronic or physical check, or any other failure of payment method.
Lapsed Fees.If the Customer has lapsed in the payment of Fees due, all such payments must be paid in full prior to the recommencement of Services and/or Support Service by DCH. Customer will be responsible for paying all fees associated with back Service and/or Support Services from the date that such Service and/or Support Services were stopped through to the then-current date.
Price Changes.A change in pricing of any product may be proposed by DCH and agreed to by the Customer. If the customer pays the invoice reflecting the price change, the customer agrees to accept services at the updated price by way of paying the invoice. If the customer does not agree to the price change, the customer should not pay the invoice and services will be terminated at the expiration of the current term.
Limitations of Liabilities
DCH shall not be liable for any loss or damage that the customer suffers, or claims to have suffered, (including without limitation any loss or damage to Customer data or the protected data). The parties agree that DCH assumes no liability whatsoever for the Customer data or the protected data that is modified or deleted by the Customer.
In no event shall either party be liable to the other for any third party claim for any consequential, indirect, special, punitive and/or incidental damages, including but not limited to, damages for loss of profits, loss of data, business interruption, or other commercial damages or losses, arising out of or in connection with this agreement, even if such party has been advised of the possibility of such potential losses or damages.
Distribution of Service. The Services are not fail-safe and are not designed or intended for use in situations requiring fail-safe performance or in which an error or interruption in the Services could lead to severe injury to business, persons or property. DCH shall not be liable for any inconvenience, loss, liability or damage resulting from any interruption of Services.
“Confidential Information” means any proprietary, confidential and/or trade secret information of the Party disclosing such information relating to, among other things, the Offering, technology, specifications, manufacturing methods, know-how, business or marketing plans, business relationships, and the terms of this Agreement. Confidential Information shall not include information that: (i) was in the public domain when disclosed; (ii) becomes public domain after disclosure, other than as a result of the violation of this Agreement; (iii) was in the receiving Party’s possession when disclosed and was not acquired directly or indirectly from the disclosing Party; (iv) is shown by written evidence to have been developed by the receiving Party independently after disclosure without benefit of the Confidential Information; or (v) was received after disclosure from a third party who did not require it to be held in confidence and who did not acquire it directly or indirectly from the disclosing Party. Confidential Information shall be used only in the manner contemplated by this Agreement and shall not be intentionally disclosed to third parties without the disclosing Party’s written consent. The receiving Party will use at least the same degree of care to safeguard Confidential Information that it uses to protect its own confidential and proprietary information, but in no event less than reasonable care under the circumstances.