The Tow Dispatch Service is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the Tow Dispatch Service constitutes your agreement to all such terms, conditions, and notices.
MODIFICATION OF THESE TERMS OF USE
Tow Dispatch Service reserves the right to change the terms, conditions, and notices under which the Tow Dispatch Service is offered, including but not limited to the charges associated with the use of the Tow Dispatch Service.
ACCEPTANCE OF THESE TERMS AND CONDITIONS
You can accept our Terms and Conditions by taking any of the following actions: (1) by providing your electronic signature accepting these Terms and Conditions on our website at towdispatchservice.com; or (2) by registering for our Services via telephone; or (3) by requesting a paper copy of our Terms and Conditions through our Website or over the telephone and returning a signed copy to our offices. By accepting our Terms and Conditions you have placed an order for our services (your “Order”) and you are agreeing to be bound, without limitation or qualification, by the terms of this Agreement.
By accepting our Terms and Conditions, you represent and warrant that you are at least 18 years of age or the applicable state age of majority and that you possess the legal right and ability to enter into this Agreement. If you are entering this Agreement on behalf of a partnership, corporation, LLC or other similar business entity, you represent and warrant that you possess the power, authority and capacity to enter into and perform this Agreement, and further that you have taken all proper and necessary actions to authorize the execution, delivery and performance of this Agreement.
ORDER ACCEPTANCE
After we receive your electronic signature or after you have registered for our Services over the phone, we will send you an email, confirming your Free Trial Period or Service. We will also confirm the date on which we will begin to provide you with Services.
Tow Dispatch Service reserves the right to contact you and re-confirm your order and the provision of service in order to avoid fraud. In the event Tow Dispatch Service suspects a fraudulent activity, we may suspend or terminate your service plan.
TERM OF THIS AGREEMENT
The initial term of this Agreement begins on the date we activate Services for your Free Trial period or your Service Plan. This Agreement will continue in full force and effect from month to month until terminated in writing with thirty (30) days’ notice by either party pursuant to the terms of this Agreement. Your Free Trial Plan and your Service Plan end pursuant to the terms of the Free Trial Plan and the terms of the Service Plan respectively. Tow Dispatch Service will attempt to notify you via email and/or telephone to give you notice that your service is being terminated. Tow Dispatch Service is not responsible for business disruption or damages to your business because your Free Trial Plan ends or your Service Plan terminates.
DEDICATED CUSTOMER SERVICE/ ANSWERING SERVICE
Upon subscription, Tow Dispatch Service will provide a dedicated agent during the service hours to (1) answer calls on behalf of your company, (2) dispatch jobs by using your dispatching platform, (3) follow up with your staff and vendors through the completion of towing/ roadside assistance jobs.
TELEPHONE NUMBERS ASSIGNED
In order to perform the service, Tow Dispatch Service requires the client to transfer the calls to the assigned phone number during the hours of Service. However, the assigned phone number is the property of Tow Dispatch Service.
FORCE MAJEURE
In the event of a Force Majeure event, including but not limited to an act or acts of God, acts of the public enemy, acts or omissions of other parties (including litigation by third parties), flood, fire, epidemics, quarantine restrictions, embargoes, earthquake, explosion, the elements, unusually severe weather, or other casualty, war, terrorism, blockade, security problems, insurrections, riots, mob violence or civil disturbance, acts of the Federal government, acts of other parties, inability to procure or a general shortage of labor, equipment or facilities, energy, freight, materials or supplies in the open market, failure of transportation, strikes, walkouts, boycotts, picketing, slow-downs, work stoppages or other labor actions, or delays due to any of the foregoing such causes, and actions or inactions by any Federal, State or Governmental Body with respect to the Service or Material, both you and Tow Dispatch Service are excused from our obligations under this Agreement, except for the obligation to pay money.
DISPUTES
If you have a problem with our service or have a dispute with us we ask you to contact us immediately. By accepting these terms and conditions you agree that you must contact us in a good faith attempt to resolve any dispute before advising your bank or card company of a disputed or disagreement regarding a bill. You agree that you will promptly bring any dispute or problem to our attention within fifteen (15) days of the problem or issue occurring. You agree that if you fail to bring any problem or dispute to our attention within fifteen (15) days, you waive the right to bring a dispute or complaint through your credit card company, bank or other electronic payment source.
Governing Law: You agree that this Agreement shall be governed by and construed in accordance with the laws of the State of Texas.
Jurisdiction and Venue: You and Tow Dispatch Service agree that any suit, action or proceeding arising out of or relating to this Agreement shall be instituted only in a Texas state and Collin County or federal court with jurisdiction sitting in Collin County, Texas, United States of America. You and Tow Dispatch Service each waive any objection you or Tow Dispatch Service may have now or hereafter to the laying of the venue of any such suit, action or proceeding, and irrevocably submit to the jurisdiction of any such court in any such suit, action or proceeding.
Jury Trial: You waive your right to have trial by jury.
PRIVACY POLICIES
The nature of services requires our staff to receive, store, relay and monitor telephone and electronic communications on your behalf. We realize that keeping this information confidential is an important part of the service we provide to you. We release and share information to your designated personnel, law enforcement agencies and government regulatory institutes, if required.
NO WARRANTIES
The inherent challenges in interpersonal verbal, oral and other communication, including but not limited to poor telephonic connections, language barriers, differences in speech dialects, hearing and speech impediments make it impossible to guarantee that all messages that we receive will be perfectly transmitted to you and otherwise limit the effectiveness of the services we provide. In light of these challenges we make absolutely no warranties regarding the services we provide. Human or technical errors may impact your business, messages may not be accurately transmitted, and information relayed may not be accurate or timely. By accepting these Terms and entering into this Agreement you understand that Tow Dispatch Service is not responsible to you for any damage, liabilities or loss that you suffer arising out of a failure of services.
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of the Tow Dispatch Service, you warrant to Tow Dispatch Service that you will not use the Tow Dispatch Service for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Tow Dispatch Service in any manner which could damage, disable, overburden, or impair the Tow Dispatch Service or interfere with any other party’s use and enjoyment of the Tow Dispatch Service. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Tow Dispatch Service.
NON-SOLICITATION
During the period commencing on the date of the agreement and ending three years following the termination of service, you shall not, directly or indirectly; (i) solicit or encourage any affiliate/employee to leave the company (ii) hire, any person who has left the affiliation/employment within the three year period following termination of person’s affiliation/employment with Tow Dispatch Service LLC. During the period commencing on the date hereof through and ending three year following the Termination Date, you will not whether for your own account or for the account of any other person, intentionally interfere the relationship of Tow Dispatch Service LLC and affiliates/employees, or endeavor to entice away from Tow Dispatch Service LLC.
BILLING AND PAYMENTS
This is a month to month agreement and Tow Dispatch Service requires the monthly invoice to be paid in full within five business days of the receipt. You can make a payment by (1) check, (1) credit/ debit card and/ or ACH. You can opt in for recurring payments by providing credit/ debit card info or setting up ACH. Interruption of service will be experienced in the event if the invoice is not paid in five business days.
SOFTWARE USE, BACK UP POLICY
We do our best to provide you with call recordings however, recordings are usually available for 2-3 days but it depends on the call volume on the VOIP platform that we use.
We are not responsible for backups on third party software systems that we will use on your behalf.