You are on page 1of 2

DriverPhysicals.

com

SERVICE AGREEMENT
Business Information Client Name:_______________________________________ Business Name:_______________________________ Business Address:_______________________________________________________________________________ Business Phone:_____________________________________ Business Fax:________________________________ Email Address:______________________________________ Website Address:_____________________________ Payment Information Visa / MasterCard / Amex: _______________________________________ Exp. Date (mo/yr): ____/____ Name on card:__________________________________________ 3 or 4 digit Ver. #:__________________ Card Billing Address:_______________________________________________________________________
I authorize DriverPhysicals.com (Driver Physicals LLC) to charge my credit card for the totals listed below.

MONTHLY SERVICE FEES


___ Listing only.$29.00 ___ Listing + map, link to your website, hours, prices & services.$39.00 ___ Same as above + zip code exclusivity....$49.00 Zip code________ ___ Additional zip code at $10.00/month: ___________ SA SAVE 10% - Prepay the above listing for 12 months SAVE 15% - Prepay the above listing for 24 months
This agreement may only be cancelled by either party with a 30-day written notice. All fees including previously processed fees are non-refundable. If agreement is not cancelled prior to the end of the paid subscription months previously listed, this agreement will auto-renew every 12 months for 12- month periods. Client understands that subscription fees will commence upon Driver Physicals LLC posting the client information online. Failure of client to provide Driver Physicals LLC with the requested information does not relieve the client from the responsibility of paying the service fees or from allowing Driver Physicals LLC to initiate billing for this service. All other terms governing this agreement between the client listed on this Service Agreement and Driver Physicals LLC is covered in detail in the additional Driver Physicals LLC Service Agreement attached. By signing below, the client listed on this form acknowledges that they have read this Service Agreement and the above stated additional Service Agreement Form and that they fully agree to the terms contained within each.

Authorized Signature:_______________________________________ Date:________________________________

FAX COMPLETED SERVICE AGREEMENT TO 407-332-1206


Driver Physicals, LLC 499 E. Central Pkwy. Suite 215 Altamonte Springs, FL 32701 407-332-****

DRIVER PHYSICALS LLC SERVICE AGREEMENT INTRODUCTION. In this service agreement (Agreement), you and your refer to each

client (Client) and DP, we, our and us refer to Driver Physicals LLC. Application Form refers to the Application Form completed by the client At the time of joining DP service(s) as well as any subsequent Application Forms signed by the Client after signing the original Application Form. This Agreement explains our obligations to you, and your obligations to us in relation to your use of our service(s). By selecting DP service(s) you have agreed to establish an account with us for such service(s). When you use your account or permit someone else to use our account to purchase or otherwise acquire access to additional DP service(s) or to modify or cancel your DP service(S) (even if we were not notified of such authorization), this Agreement covers any such service or actions. Any acceptance of your application for our service(s) and the performance of our service(s) will occur at our office in Altamonte Spring, Florida, USA, the location of our principal place of business.

pursue legal action against Client for unauthorized use/copyright infringement. Client will be responsible for any and all legal fees incurred by DP in order to obtain monetary settlement for copyright infringement and any potential harm to DP resulting from such illegal and/or unauthorized use of DP content.

COPYRIGHT and CONTENT OWNERSHIP. Any and all text information, pictures,
video, audio, layout, look and feel, or similar supplied by DP in DP service(s), whether pre-existing at the time of service(s) or initiated and added in the future, is and will permanently remain the copyright and ownership of DP and/or its appropriate owner and/or copyright holder. Client assumes absolutely no ownership or similar copyright to content, in any way, at any time, even if Client slightly or completely modifies such content. Any content will remain copyright and ownership of Client or the appropriate developer and/or owner. DP will assume no ownership or copyright to this content. Any Client content which is placed into DP service(s) which then takes the look and feel and/or layout of DP service(s), will not provide Client any rights to use content in this manner outside of DP service(s). To use Client content outside DP service(s), Client agrees to modify presentation of content (look and fell and/or layout) so that it does not reflect look and feel and/or layout similarities to DP services(s).

ASSIGNMENTS. Client shall not assign, sub-contract, sublet or transfer and service(s) provided
by DP to any other entity or individual. DP, at our discretion, may allow Client to do so under certain circumstances, but DP is under no obligation to do so and will make final decision. This Agreement will transfer through to DPs successors, affiliates, subsidiaries or similar who assume DP provided service(s). Such transfer(s) of service9S) by DP to another party will not alter Agreement and/or Application Form existing with the Client and terms will remain fully and completely in effect and valid, fully transferred to newly assigned party which has assumed DP service(s). This Agreement and its terms can be enforced by DP and by DPs subsidiaries, affiliates, successors and assigns.

DISPUTES and LITIGATION. Failure to pay any outstanding balances in accordance with
the terms of this Agreement and/or Application form may result in legal action being brought against you. In this event, Client agrees to be responsible and liable for all legal fees (attorney fees, court filing fees, and other associated fees and expenses) incurred by DP in order to collect such outstanding monies. Client agrees that any legal disputes related to DP service(s), Agreement, Application Form, or any other dispute types brought against DP by Client or Client affiliations and/or associations, or, disputes brought against Client and/or Client affiliations and/or associations by DP will be conducted in Altamonte Springs, FL. USA. Client and/or Client affiliations will be responsible for all associated legal expenses as well as travelling expenses.

BILLNG ISSUES, BILLING DISPUTES and COLLECTIONS. Client agrees to fully

and completely fulfill financial agreements made to DP as set out in Agreement and Application Form. Failure to pay account in full on set due dates as indicated in Agreement and/or Application Form, will be deemed as a breach of contract on the part of the Client. Client understands that failure to pay DP according to the Agreement and/or Application Form may result in DP, at our discretion, taking legal action against Client for which Client agrees to financially reimburse DP for any and all such charges and expenses, including but not limited to legal and attorney fees, incurred in order to collect such monies due to DP by Client. Client agrees to not charge any credit card chargebacks without first attempting to resolve disputes with DP in writing, sent by US Certified Mail. Should a chargeback be filed that is not permitted by Agreement, Client agrees to pay and be liable for a $100.00 chargeback fee paid to DP to cover DP expenses and time to deal with the dispute. Additionally, Client will be liable for any and all monies obtained from DP due to chargeback that may be issued back by the Clients credit card company. All monies collected and/or paid by Client and/or reimbursed or credited back to Client by DP shall be in US dollars. DP will not responsible for the differences in international exchange rates or monies lost by Client due to fluctuations in currency exchange rates.

ENFORCEABILITY. If any provisions of this Agreement are held or deemed to be unenforceable

or too broad to permit enforcement of such provision to its full extent, then such provision shall be enforced to the maximum extent permitted by law. If any of the provision of this Agreement shall be construed to be illegal or invalid, the validity of any other provision hereof shall not be affected thereby.

GOVERNING LAW and DISPUTE RESOLUTION. This Agreement is governed by


Florida law. All disputes between Clients and DP shall be finally resolved through arbitration within 20 miles of DPs current office location at 499 E. Central Pkwy. Suite 215, Altamonte Springs, FL 32701. Service(s) are controlled by DP from its office within Florida, USA. DP makes no representation that materials in the website or service(s) are appropriate or available for use in all states within the USA or other international locations and access to them from territories where their content is illegal is prohibited. Those who choose to access the website, utilize DPs service(s) from other locations do so on their own initiative and are responsible for compliance with applicable local laws.

CANCELLATIONS. Client may cancel service9S) within this Agreement by providing a 30-day

written notice, sent US Certified Mail, clearly stating cancellation wishes. The length and/or number of paid subscription months is stated the Application Form completed at the time of joining DP service(s). This Application Form may be overridden or amended by any future Application Form signed by the Client at a date later to the date of the original Application Form. Client may request the DP initiate service(s) even if Agreement is not fully completed. However, Client is responsible for payment of all service(s) until terms of Agreement have been fulfilled. Inactivating service(s), putting service(s) on hold, or similar, does not relieve Client financial responsibilities as set by Agreement and Application Form and does not enable to Client to delay payment for such service(s). Should a dispute arise between DP and Client as to specific cancellation date, Client agrees to provide valid means of cancellation proof. Valid proof will be deems as a fully completed US Certified Mail Receipt with current DP address. Copies of letters, faxes and emails as well as Certified Mail sent to an incorrect address are not considered valid proof and/or proper notification of Client cancellation. Should Client be unable to provide DP with valid proof as stated above, cancellation date will be deemed as date DP has record of receiving first such cancellation notice directly from Client, and not those acting on behalf of Client. Cancellation notices must be sent form the Client and not those acting on behalf of Client, and must explicitly express Clients wishes to cancel service(s) with the wording cancel, terminate, discontinue or similar clearly stated wording of Clients wishes to cancel service(s).

LIMITATIONS OF DP LIABILITY. Should client attempt to seek monetary or other


damages from DP in any manner and for any reason, Client agrees that the maximum liability and responsibility of DP shall be absolutely limited to the total amount of monies paid to DP by Client for the current Agreement related to the dispute. DPs total liability n any disputes will therefore be absolutely limited to the total amount of monies paid to DP by Client under the specific Agreement in dispute.

PAYMENT.

CHANGES AND AMMENDMENTS. From time to time, at our discretion, DP may


modify Agreement. The most current Agreement will be provided to Client upon Client request. Changes and amendments to Agreement will not relieve Client from fulfilling financial terms of contract.

Payment for service(s) will be due immediately upon joining up or adding service(s).Subscription fees will be paid at he beginning of each recurring payment schedule. If payment ins monthly, payment will be due on the first business day of the beginning of said month. If payment is annually, payment is due on the first day of the Agreement term and thereafter on the first day of each subsequent 12-month renewal period. Should Client account be outstanding, Client understands that late fee charges may be applied by DP and/or due to DP by Client. Late fees are $20 per month.

REVISION. DP may revise these Terms at any time by updating this Agreement. Client may
contact DP at any time to request the current Terms as they are binding upon you. Certain provisions of these Terms may be superseded by expressly designated legal notices or terms.

CLIENT SUPPLIED CONTENT. Text information, pictures, images, graphics, video, audio
and all other information supplied to DP by Client as well as those acting on behalf of Client agree that said contact is either, (1) the sole copyright/ownership of Client, or (2) the full, appropriate and complete permission has been received by Client to have such content included with DP service(s). Furthermore, Client agrees to indemnify DP against any content ownership legal disputes, payment and/or fines for the unauthorized or improperly used authorized usage, as well s accept all financial and legal responsibility for any disputes that arise over Client added and/or provided content. Should DP be notified, by Client or any party, that a copyright or ownership disputes exists with Client supplied content which is contained, accessed through or affiliated with DP service(s) DP may, at our discretion, remove such content from DP service(s) until such dispute(s) is resolved to our satisfaction. Removing such content or having such disputes arise in no way relieves Client from financial responsibilities as stated in Agreement and/or Application Form. Client agrees and understands that Client will maintain proper and adequate copies of any and all supplied and/or added content within DP service(s) and/or sent to DP in order to be added to DP service(s).

TERM AND FEES. All fees are non-refundable. The length of time and/or number of months of
Agreement and Terms is stated in Application Form completed at time of Client joining DP service(s). These terms may be amended or superseded by any future Application Form signed by Client at a date later than the date of the original Application form.

CONTENT USAGE: Client is not permitted to use DP content or content based on DP content,

from any DP service(s), including but not limited to DP content which was edited, changed adjusted, or similar by Client or those working on behalf of Client, unless DP provides Client wit written, signed authorization to do so. Verbal authorization is not valid. If Client does not receive written authorization specifically describing permitted DP content usage, Client is not authorized to use said content in any manner, other than within DP service(s) as permitted in Agreement. Written permission must be provided by DP for use of any DP content ( text information, pictures, images, video etc.) , including DP content which was modified by Client in any way and to any degree, prior to it use outside of DP website or other DP service(s). Client understands that failure to receive proper written authorization or failure to strictly abide by exact usage terms provided in such authorization is both illegal and is deemed as copyright infringement, a federal offense. At our discretion, DP may or may not grant usage of DP content to Client, and is under no obligation to do so. Content usage by DP will be granted on a case by case basis, at our discretion. Should Client use any DP content ore related content as described above, in any manner not approved by DP, or, use outside of DPs service(s), SP may, at our discretion

Clients Authorized Signature:______________________________ Clients Name printed:_________________________________ Date Signed:_________________________________________


Driver Physicals LLC Service Agreement. 07/12/13.

You might also like