Terms of Service
The use of services from TECK USA Inc. [hereafter referred to as "TUI"] constitutes agreement to these terms. You may view our Privacy Policy here.
The use of services provided by TUI constitutes agreement to these terms. BY ACTIVATING OR USING THE SERVICE, YOU REPRESENT THAT YOU ARE OF LEGAL AGE TO ENTER INTO THIS AGREEMENT AND THAT YOU HAVE READ AND UNDERSTAND FULLY THE TERMS AND CONDITIONS OF THIS AGREEMENT.
Account Setup / Email on file
We will setup your account after we have received payment and we and/or our payment partner(s) have screened the order(s) in case of fraud. It is your responsibility to provide us a verifiable email. If there is ever an abuse issue found or we need to contact you, the primary email address or phone number on file will be used for this purpose. It is your responsibility to ensure the email address and phone number on file is current and up to date at all times. If you need to verify or change this information, you should contact our sales team via email/phone. Providing false contact information of any kind may result in the termination of your account. It may be necessary to provide government issued identification and or possibly a scan of the credit card used for the purchase. If you fail to meet these requirements, the order may be considered fraudulent in nature and be denied.
Content
All services provided by TUI may only be used for lawful purposes. The laws of the State of Indiana, United States of America apply. The Dispatch program is use only for trucking companies. This program or part of this program cannot be copied/manuplated for any reason. By creating the account on TUI Network does not provide the rights to you to own any part of service. We do not gurantee for any unintruption for services due to unforeseen resons. The customer agrees to indemnify and hold harmless TUI from any claims resulting from the use of our services.Use of our services to infringe upon any copyright or trademark is prohibited. A list of required information may be found here. If the request is of a licensing issue, we may require further documentation.
Money back Guarantee
TUI reserves the right to refuse to provide service to anyone at its sole discretion with or without reason. TUI also reserves the right to terminate accounts with or without reason at its sole discretion. If TUI terminates service for any reason other than a Terms of Service violation, the customer will receive a full prorated refund for any prepaid service. If TUI terminates service for Terms of Service violation.
Cancellations and Refunds
TUI reserves the right to cancel, suspend, or otherwise restrict access to the account at any time with or without notice. All refunds are processed in U.S. dollars Customers may cancel at any time via a cancellation form the early termination fee $200 will require after initial 15 days money back guarantee. TUI gives you an unconditional 15 day money back guarantee on Dispatch Program who paid the first invoice with a credit card. Cancellations requested after the initial 15 days for Dispatch Program will go into effect on the renewal date i.e. 24 months from setup date. Unless specifically requested, the account will remain active until the period expires. If the account is eligible, any request for a refund will be given on a prorated basis with any previous extended term discount withheld. Refunds are to be determined once the account has been canceled. Only first-time accounts are eligible for a refund. For example, if you've had an account with us before, canceled and signed up again, you will not be eligible for a refund or if you have opened a second account with us.
Backups and Data Loss
Your use of this service is at your sole risk. Our backup service runs once a week, overwrites any of our previous backups made, and only one week of backups are kept. This service is provided to you as a courtesy. TUI is not responsible for files and/or data residing on your account. You agree to take full responsibility for files and data transferred and to maintain all appropriate backup of files and data stored on TUI Network.
Cancellations
All cancellations must be made by cancellation form provided.
For more information regarding cancellation procedure, please email cancel@trkdispatch.com.
Payment Information
You agree to supply appropriate payment for the services received from TUI, in advance of the time period during which such services are provided. Subject to all applicable laws, rules, and regulations, all payments will apply to the oldest invoice(s) in your billing account. You agree that until and unless you notify TUI of your desire to cancel any or all services received, those services will be billed on a recurring basis. Cancellations must be done in writing via the cancellation form provided. Once we receive your cancellation and have confirmed all necessary information with you via e-mail, we will inform you in writing (typically email) that your account has been canceled. Your cancellation confirmation will contain a ticket/tracking number in the subject for your reference, and for verification purposes. You should receive an e-mail "Your request has been received..." email with a tracking number. An employee will confirm your request (and process your cancellation) shortly thereafter. If you do not hear back from us, or do not receive the automatic confirmation email after submitting your cancellation, please contact us via phone. We require that cancellations of service are done through the online form to (a) confirm your identity, (b) confirm in writing you are prepared for all files/emails to be removed, and (c) document the request. This process reduces the likelihood of mistakes, fraudulent/malicious requests, and ensures you are aware that the files, emails, and account may be removed immediately after a cancellation request is processed. As a client of TUI, it is your responsibility to ensure that your payment information is up to date, and that all invoices are paid on time. You agree that until and unless you notify TUI of your desire to cancel any or all services received, those services will be billed on a recurring basis, unless otherwise stated in writing by TUI. TUI reserves the right to bill your credit card or billing information on file with us. TUI provides a 10 day grace period from the time the invoice is generated and when it must be paid. Any invoice that is outstanding for 10 days and not paid will result in a $25 late fee and/or an account suspension until account balance has been paid in full. The $25 late fee is applied in addition to whatever else is owed to TUI for services rendered. Access to the account will not be restored until payment has been received. If you require assistance with this provision, please contact sales@trkdispatch.com. TUI reserves the right to change the monthly payment amount and any other charges at anytime, but will inform you at least 1 month in advance
Right to Refuse Service
TUI reserves the right to refuse to provide service to anyone at its sole discretion with or without reason. TUI also reserves the right to terminate accounts with or without reason at its sole discretion. If TUI terminates service for any reason other than a Terms of Service violation, the customer will receive a full prorated refund for any prepaid service. If TUI terminates service for Terms of Service violation, the user is not entitled to any refund.
Price Change
The amount you pay for Dispatch Program will never increase from the date of contract. We reserve the right to change prices listed on trkdispatch.com, and the right to increase the amount of resources given to plans at any time.
Privacy
TUI utilizes, in whole or in part, the public Internet and third party networks to transmit voice, data and other communications. TUI makes no claims with regards to the privacy of voice packets / data transmitted over public networks.
Indemnification
Customer agrees that it shall defend, indemnify, save and hold TUI harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against TUI , its agents, its customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by customer, its agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless TUI against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with TUI ; (2) any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party;
Binding Arbitration
By using any TUI service, you agree to submit to binding arbitration. If any disputes or claims arise against TUI or its subsidiaries, its agents, its employees, its officers, or its owners, such disputes will be handled by an arbitrator of TUI's choosing. An arbitrator from the American Arbitration Association or the National Arbitration Forum will be selected in the state of Texas. Arbitrators shall be attorneys or retired judges and shall be selected pursuant to the applicable rules. All decisions rendered by the arbitrator will be binding and final. The arbitrator's award is final and binding on all parties. The Federal Arbitration Act, and not any state arbitration law, governs all arbitration under this Arbitration Clause.
Disclaimer
TUI shall not be responsible for any damages you or your business may suffer. TUI makes no warranties of any kind, expressed or implied for services we provide. TUI disclaims any warranty or merchantability or fitness for a particular purpose. Since we use the public internet to delivery service, we cannot guarantee uptime or availability of service.
Change of Terms
We may change the terms and conditions of this Agreement from time to time. Notices will be considered given and effective on the date posted on our website. These changes will become binding and effective the date they are posted to our website. No further notice by us is required upon your continued use of the Service. The Agreement as and when posted supersedes all previously agreed to electronic and written terms of service.
Disclosure to law enforcement
TUI may disclose any subscriber information to law enforcement agencies without further consent or notification to the subscriber upon lawful request from such agencies. We will cooperate fully with law enforcement agencies.