Terms of Service - Carrier Benchmark

1. AGREEMENT TO TERMS

By accessing our website, using our services, or subscribing to a paid plan, you agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree to these terms, please do not use our services.

Formation of Contract

When you provide payment information and click "Subscribe" or similar button on our payment processor's website, you are entering into a legally binding contract with Carrier Benchmark LLC. Your subscription and use of our services constitutes acceptance of these terms, even if you have not separately signed a written agreement.

2. DESCRIPTION OF SERVICES

Carrier Benchmark LLC provides comprehensive back-office management services for motor carriers, including:

Bookkeeping and Financial Reporting - Complete income and expense tracking, monthly P&L statements, balance sheets, and tax-ready reports
IFTA Quarterly Filing - Fuel tax calculations and filings for all 48 states
Driver Qualification File Management - Complete DQ file setup, ongoing monitoring, and expiration tracking
Truck File Management - Maintenance records, annual inspections, registration tracking
DOT Compliance Documentation - Accident register, required safety policies, procedures, and training documentation
Proactive Monitoring - Automated alerts for expiring documents and upcoming compliance deadlines

3. SERVICE PLANS AND PRICING

Monthly Service Plans

Solo Operator - $349/month

Best for: 1-2 trucks
Full bookkeeping & monthly financial reports
IFTA quarterly filing (all 48 states)
Complete DQ file setup & monitoring (up to 2 drivers)
Truck file setup & management (up to 2 trucks)
Accident register & compliance policies
Proactive expiration monitoring
Email support (replies within 24 business hours)
Initial file setup completed within 30 days

Growing Fleet - $499/month

Best for: 3-5 trucks
Everything in Solo Operator, plus:
Cash flow analysis & growth insights
DQ files for up to 5 drivers
Truck files for up to 5 trucks
Priority email support (replies within 12 business hours)
Quarterly business review calls
Initial file setup completed within 30 days

Established Fleet - $799/month

Best for: 6-10 trucks
Everything in Growing Fleet, plus:
Monthly performance dashboard with key trucking metrics
DQ files for up to 10 drivers
Truck files for up to 10 trucks
Priority phone & email support (same-day response)
Monthly business review calls
Dedicated account manager
Initial file setup completed within 30 days

Custom Plans: Custom pricing is available for fleets of 11+ trucks. Contact us at contact@carrierbenchmark.com for a quote.

Service Level Commitments

We commit to the following service levels for each plan tier:

Solo Operator:

Monthly financial reports by the 15th of following month
Email responses within 24 business hours
IFTA filings submitted 5+ business days before deadline
Expiration alerts 30+ days before expiration

Growing Fleet:

Monthly financial reports by the 10th of following month
Email responses within 12 business hours
IFTA filings submitted 7+ business days before deadline
Expiration alerts 45+ days before expiration
Quarterly business reviews within 90 days of quarter end
Priority handling of urgent matters

Established Fleet:

Monthly financial reports by the 5th of following month
Same-day email and phone responses
IFTA filings submitted 10+ business days before deadline
Expiration alerts 60+ days before expiration
Monthly business reviews within 30 days of month end
Dedicated account manager assigned within 7 days

Conditions: Service level commitments are contingent upon timely receipt of accurate, complete information and documentation from you, plus read-only access to necessary accounts and systems.

Service Level Failures: If we fail to meet service level commitments due to our own error (not missing client information):

Monthly report delays: $25 credit per business day (max $100/month)
Missed filing deadlines: Cover late filing penalties up to $500
Missed expiration alerts: Cover inspection citation fees up to $200

To claim a service level credit, notify us in writing within 30 days. Credits applied to your next invoice.

4. PAYMENT AND BILLING

Automatic Recurring Billing

Authorization: By enrolling in our services, you authorize Carrier Benchmark LLC to automatically charge your payment method on file for:

Monthly service fees on the 1st of each month
Any authorized add-on services
Late fees for past-due amounts
Reactivation fees if service is suspended and reinstated

Your Responsibilities:

Provide a valid credit card, debit card, or ACH bank account
Maintain valid payment method on file at all times during active service
Notify us immediately if payment method changes, expires, or is cancelled
Update payment information via client portal or by emailing contact@carrierbenchmark.com

Automatic Charge Process:

Payment method automatically charged on the 1st of each month
Email invoice sent after each successful charge
Charges process between 12:00 AM - 6:00 AM Eastern Time
We retry failed payments up to 3 times over 10 days

Failed Payment Process:

First Attempt (Day 1):

Automatic retry within 24 hours
Email notification sent immediately

Second Attempt (Day 5):

Automatic retry on 5th day after failure
Second email notification sent
$25 late fee assessed

Third Attempt (Day 10):

Final automatic retry on 10th day
Final notice email sent
Service suspension warning issued
Late fee increases to $50 total

After Third Failed Attempt:

Automatic billing suspended
You must contact us to update payment method
Service may be suspended after 5 business days' written notice
You remain responsible for all fees including late fees

Returned Payments: If a payment is returned or declined:

$35 returned payment fee assessed
We attempt to process payment again with same method
If second attempt fails, you must provide alternative payment method
Repeated failures may require prepayment

Critical Deadline Protection: We will not suspend service within 15 days of an IFTA filing deadline or critical document expiration we are actively monitoring. Late fees continue to accrue, and immediate payment is required after the deadline passes.

Service Reinstatement: To reinstate suspended services:

Pay all past due amounts in full
Pay all accrued late fees
Pay $50 service reactivation fee
Update payment information if previous method failed
Allow 3-5 business days for full service restoration

Updating Payment Information: You may update your payment method anytime via secure client portal or by contacting us. Changes take effect for next billing cycle. No fees for updating payment information.

Payment Processor: We use Stripe (or other PCI-compliant payment processor) to securely process and store payment information. We do not store your full card number. All payment data is encrypted and stored securely in compliance with PCI-DSS standards.

Payment Security:

Payment information encrypted using SSL/TLS
We are PCI-DSS compliant through our payment processor
We never see or store your full card number
Only last 4 digits visible for identification
Card security codes (CVV) never stored

Receipts:

Email receipts sent automatically after each charge
Payment history available in client portal 24/7
Annual payment summary provided each January

Chargebacks and Disputes: If you dispute or chargeback a payment:

We suspend service immediately pending resolution
Legitimate billing errors corrected and credited promptly
Fraudulent chargebacks may result in service termination
You are responsible for chargeback fees assessed to us ($15-25)

Excessive Payment Failures: If you have more than 3 failed payments in a 12-month period, we may require:

Prepayment or alternative payment method
Payment by check or ACH instead of card
$10 payment processing surcharge per transaction

5. SERVICE AGREEMENT TERMS

No Long-Term Contracts

Our services are provided month-to-month. No long-term contracts required.

Cancellation Policy

You may cancel anytime with 30 days' written notice
Notice must be sent to contact@carrierbenchmark.com
You are responsible for payment through the 30-day notice period
No refunds for partial months of service
Upon cancellation, we provide copies of all your records (see Section 10)
You cannot cancel automatic billing while remaining an active client
Final payment charged at end of 30-day notice period

Service Modifications

Upgrades: Take effect immediately with prorated billing adjustments
Downgrades: Take effect at the next billing cycle

Price Changes

We reserve the right to modify pricing with 30 days' advance notice
Notice provided via email to address on file
Continued use of services after 30 days constitutes acceptance of new pricing

6. CLIENT RESPONSIBILITIES

To receive our services, you agree to:

Provide accurate and complete information
Provide timely access to financial records and documents
Connect business bank account to QuickBooks Online for automatic transaction syncing
Provide ELD data for IFTA calculations at least 30 days before filing deadline
Provide driver documentation (licenses, medical cards, applications, MVRs)
Provide vehicle documentation (registrations, inspections, maintenance records)
Respond promptly to requests for additional information
Notify us immediately of any changes to your business operations (new drivers, vehicles, incidents)
Review and approve monthly financial statements within 30 days of delivery
Review and approve IFTA returns within 5 business days of our submission
Notify us of any errors, omissions, or concerns promptly

Your approval of financial statements or IFTA filings constitutes acceptance of accuracy. If you fail to review and notify us of errors within the timeframes above, you accept the work as accurate and complete.

7. OUR RESPONSIBILITIES

Carrier Benchmark agrees to:

Provide services in a professional and timely manner
Maintain confidentiality of your information (see Section 11)
Use commercially reasonable efforts to ensure data security (see Section 11A)
Provide monthly financial reports per your plan
File IFTA returns on time with at least 5-10 business days' advance margin (per your plan)
Maintain organized, audit-ready compliance files
Provide proactive alerts for expiring documents and upcoming deadlines
Provide DOT audit support as described in Section 7A

7A. DOT AUDIT SUPPORT

What Our Audit Support Includes

As part of your monthly service:

Maintaining organized, audit-ready driver qualification files
Maintaining organized, audit-ready truck files and maintenance records
Maintaining DOT-compliant accident register
Ensuring all required compliance policies and procedures are in your files
Responding to your questions about file organization and compliance requirements
Providing file access and organization assistance during an audit
Post-audit file remediation support (up to 4 hours for correcting deficiencies identified by auditor; additional hours billed at $125/hour)

What Our Audit Support Does NOT Include

Legal representation during DOT audits
Physical presence at audit appointments (unless separately arranged and billed)
Communicating directly with DOT auditors on your behalf (you are the carrier representative)
Guaranteeing audit passage or specific audit outcomes
Preparing responses to DOT findings or violation notices (this is legal advice)

Your Audit Responsibilities

You remain ultimately responsible for:

Ensuring compliance with all DOT and FMCSA regulations
Responding to auditor questions and requests
Operating your motor carrier business in compliance with federal and state laws
Making final decisions about compliance strategies and risk management

Audit Success Factors

Your likelihood of passing a DOT audit depends on many factors including:

The accuracy and completeness of information you provide to us
Your actual operational compliance (driver behaviors, maintenance practices, hours of service adherence)
The timeliness with which you notify us of new drivers, vehicles, or incidents
Your responsiveness to our compliance alerts and recommendations

While we work diligently to keep your files audit-ready, we cannot guarantee audit outcomes as they depend significantly on factors outside our control.

8. LIMITATIONS AND DISCLAIMERS

Not Tax or Legal Advice

Our services do not constitute tax, legal, financial, or investment advice. We provide bookkeeping, compliance documentation, and administrative services only.

You should consult qualified professionals for:

Tax planning and tax return preparation (CPA or tax attorney)
Legal advice regarding compliance, contracts, or disputes (attorney)
Financial planning and investment advice (financial advisor)
Insurance decisions (insurance broker or agent)

Tax Preparation

We provide tax-ready financial statements (income statements, balance sheets, general ledger) that can be used by your tax preparer. We do not:

Prepare or file federal or state income tax returns
Prepare or file employment tax returns
Provide tax planning or strategy advice
Represent you before the IRS or state tax authorities

We can refer you to qualified CPAs and tax professionals who specialize in trucking industry taxation.

IFTA Filing Scope

Our IFTA filing service includes:

Calculating quarterly fuel tax liability based on ELD mileage data you provide
Completing and submitting IFTA returns to appropriate states
Maintaining quarterly IFTA records

Our IFTA filing service does NOT include:

Disputing IFTA assessments or audits on your behalf (requires tax professional or attorney)
Reconciling discrepancies in your ELD data (you are responsible for data accuracy)
Advising on fuel tax minimization strategies (this is tax advice)

Accuracy of Information

The accuracy of our work depends entirely on the accuracy, completeness, and timeliness of information you provide. We are not responsible for errors resulting from:

Incomplete transaction data or missing receipts
Inaccurate ELD mileage reports
Failure to notify us of new drivers, vehicles, or incidents
Untimely provision of driver documents or vehicle maintenance records
Changes to your business operations that you do not promptly communicate to us

However: We will make reasonable efforts to identify obvious errors or inconsistencies in your data and alert you before filing. We are not auditors and do not guarantee we will catch all errors in your data.

Regulatory Changes

DOT, FMCSA, and tax regulations are subject to change. While we make commercially reasonable efforts to stay current with regulatory changes through ongoing industry education, subscriptions to regulatory update services, and participation in industry associations, you are ultimately responsible for ensuring your operations comply with all applicable federal and state laws.

We document compliance; you must achieve it.

8A. SERVICE ERRORS AND PENALTY REIMBURSEMENT

We take responsibility for our work. If we make an error that results in penalties or fines, we will make it right within the limitations described below.

IFTA Filing Errors

If we file your IFTA return late due solely to our error (not due to your delayed provision of ELD data or failure to approve the filing within 5 business days), and you incur late filing penalties as a result, we will:

Reimburse you for actual late filing penalties up to $500 per quarter
Refile the return correctly at no additional charge

Conditions:

You provided complete and accurate ELD data at least 30 days before filing deadline
You approved or failed to review the filing within 5 business days of our submission
You notified us of the late filing penalty within 30 days of receiving notice from the state
You provide documentation of actual penalty amount charged

Compliance Alert Failures

If we fail to alert you about an expiring driver qualification document (CDL, medical card) or vehicle registration at least 30 days before expiration (per your plan's SLA), and you receive a citation during roadside inspection or DOT audit as a direct result, we will:

Reimburse you for reasonable inspection citation fees up to $200 per incident
Cover administrative costs associated with correcting the violation (up to $100)

Conditions:

You provided us with the original document and expiration date in a timely manner
The expiration date had not changed since you provided it to us
You notified us of the citation within 30 days of receiving it
The citation was issued solely due to the expired document (not other violations)
You provide documentation of actual citation and fees charged

Bookkeeping Errors

If we make a material error (affecting net income by more than 5% or $1,000, whichever is greater) in your financial statements that results in incorrect tax filings or business decisions, we will:

Correct the error and provide restated financial statements at no charge
Reimburse you for reasonable accounting fees to correct the error (up to $500)
Reimburse you for IRS or state tax penalties directly attributable to our error (up to $1,000)

Conditions:

You provided accurate and complete transaction data
You reviewed monthly financial statements within 30 days of delivery
The error was material as defined above
You provide documentation of penalties or accounting fees

Claim Process

To claim reimbursement for service errors:

Notify us in writing within 30 days of discovering the error or receiving the penalty
Provide complete documentation of the error and resulting penalties/fees
Demonstrate that the error was solely due to our mistake (not inaccurate client information)
Allow us reasonable opportunity to investigate and verify the claim

Approved reimbursements issued within 30 days via check or account credit at our discretion.

Maximum Annual Reimbursement

Our total reimbursement liability for all service errors in any 12-month period shall not exceed the lesser of:

$2,500, or
12 months of your monthly service fees

This cap is separate from and in addition to service level credits in Section 3.

Errors & Omissions Insurance

We maintain professional Errors & Omissions insurance with minimum coverage of $1,000,000 per occurrence and $2,000,000 aggregate. Proof of insurance available upon request.

9. LIMITATION OF LIABILITY

General Liability Cap

Except as specifically provided in Section 8A (Service Errors), Carrier Benchmark's total liability for any claim arising from our services shall not exceed the amount you paid us in the 12 months preceding the claim.

Service Error Liability

For specific service errors covered in Section 8A:

For calculation or filing errors: The greater of (a) actual documented penalties and direct damages caused by our error, or (b) 24 months of your monthly service fees, up to maximum of $15,000 per incident
For all service errors combined: Maximum annual liability of $2,500 or 12 months of fees, whichever is greater

Excluded Damages

To the fullest extent permitted by law, we are not liable for:

Indirect, incidental, consequential, or punitive damages
Loss of profits, revenue, or business opportunities
Loss of data (except as required by law)
Cost of procurement of substitute services
Damages resulting from your failure to provide accurate, complete, or timely information
Damages resulting from your failure to review and approve filings or reports within requested timeframes
Actions or business decisions you make based on information we provide
Failures caused by circumstances beyond our reasonable control (force majeure)
Violations of law or regulation by your drivers, vehicles, or operations
DOT audit failures due to operational non-compliance (as opposed to file organization)

Time Limit for Claims

Any claim arising from our services must be brought within one (1) year of the date you discovered or should have discovered the facts giving rise to the claim. After one year, the claim is permanently barred.

Insurance Coverage

We maintain the following insurance:

Professional Errors & Omissions: $1,000,000 per occurrence, $2,000,000 aggregate
Cyber Liability: $500,000 per occurrence
General Commercial Liability: $1,000,000 per occurrence

These insurance policies do not increase our liability limits but may be available as a source of recovery for covered claims.

10. INDEMNIFICATION

You agree to indemnify and hold harmless Carrier Benchmark LLC, its officers, employees, and agents from any claims, damages, or expenses (including reasonable attorneys' fees) arising from:

Your breach of these Terms of Service
Your violation of any law or regulation
Your provision of inaccurate or incomplete information
Your operation of your motor carrier business

11. CONFIDENTIALITY

Both parties agree to maintain confidentiality of all information shared during the course of our business relationship. We will not disclose your information to third parties except as necessary to provide our services (e.g., to accounting software providers, cloud storage providers) or as required by law.

11A. DATA SECURITY AND PRIVACY

Security Measures

We implement industry-standard security measures to protect your data:

Technical Security:

All client data encrypted in transit using TLS 1.2 or higher
All client data encrypted at rest using AES-256 encryption
Secure, password-protected cloud storage with multi-factor authentication
Regular security updates and patches to all systems
Secure, encrypted backups performed daily
Firewall protection and intrusion detection systems

Administrative Security:

Access to client data restricted to authorized personnel only on need-to-know basis
Background checks conducted on all employees with data access
Mandatory security awareness training for all staff
Confidentiality agreements signed by all employees and contractors
Regular security audits and vulnerability assessments
Documented information security policies and procedures

Physical Security:

Secure office facilities with restricted access
Locked storage for any physical documents
Secure disposal procedures for sensitive documents (shredding)

Data Breach Notification

In the event of a data breach involving unauthorized access to your data:

We will notify you within 72 hours of discovering the breach
Notification will include: (a) nature of breach, (b) types of data affected, (c) steps we are taking to remediate, (d) steps you should take to protect yourself
We will cooperate with you in any required notifications to regulatory authorities or affected individuals
We will take immediate corrective action to prevent future breaches

Your Security Responsibilities

You are responsible for:

Maintaining security of your login credentials
Not sharing your account access with unauthorized individuals
Using secure methods when transmitting sensitive information to us
Notifying us immediately if you suspect unauthorized access to your account
Implementing appropriate security measures for data you maintain independently

Third-Party Service Providers

We may use third-party service providers (cloud storage, accounting software, etc.) to deliver our services. We ensure that all third-party providers:

Maintain appropriate security standards
Sign confidentiality and data protection agreements
Comply with applicable data protection laws
Are reputable, established companies with strong security track records

Current third-party providers include Google Workspace, QuickBooks Online, and Stripe. Full list available upon request.

Cyber Liability Insurance

We maintain cyber liability insurance with minimum coverage of $500,000 per occurrence to protect against data breaches and cyber incidents.

12. DATA OWNERSHIP AND RECORDS ACCESS

Your Ownership

You retain full ownership of:

All financial data, transaction records, and receipts you provide
All driver and vehicle documents you provide
All information and data about your business operations
All proprietary business information

We are merely the custodian and organizer of your records.

Ongoing Access

During active service:

You have full access to your records via client portal 24/7
You may request copies of any records at any time
Standard record requests fulfilled within 5 business days at no charge
Large bulk exports (3+ years of data) may take up to 10 business days

Records Upon Termination

Upon cancellation or termination of service:

We provide complete copies of all your records within 15 business days
Records provided in commonly accessible formats (PDF, Excel, CSV) suitable for transition
One complete records transfer included at no additional charge
You are responsible for securely storing and backing up records we provide

Record Format

Records provided in the following formats:

Financial records: PDF monthly statements + Excel/CSV general ledger exports
IFTA records: PDF quarterly returns + Excel/CSV mileage and tax calculation worksheets
Driver files: PDF scans of all documents, organized by driver
Truck files: PDF scans of all documents, organized by vehicle
Policies and procedures: PDF documents

Additional Record Requests

After receiving your complete records transfer:

First additional request (within 90 days): No charge
Subsequent requests: $50 per request
Extensive research or reconstruction of records: $125 per hour

Emergency Access

If you need records urgently (e.g., for immediate DOT audit, legal proceeding, financing application):

Notify us with "URGENT" in subject line
Specify exactly which records are needed
We will provide within 48 business hours at no additional charge (one-time courtesy)
Subsequent urgent requests may incur expedite fees

Our Retention

We retain copies of all records for:

Compliance with professional standards and industry best practices (typically 7 years)
Compliance with applicable accounting and bookkeeping regulations
Protection in case of future disputes or claims
Backup and disaster recovery purposes

After our retention period (7 years), we securely destroy physical records by shredding and securely delete electronic records. We will notify you 90 days before destruction if you wish to request final copies.

13. INTELLECTUAL PROPERTY

All content on our website, including text, graphics, logos, and software, is the property of Carrier Benchmark LLC and is protected by copyright and trademark laws. You may not use our intellectual property without our written permission.

14. FORCE MAJEURE

We are not liable for any failure to perform our obligations due to circumstances beyond our reasonable control, including but not limited to: natural disasters, acts of God, war, terrorism, labor disputes, government actions, pandemics, power outages, internet service disruptions, or technical failures.

15. PROFESSIONAL STANDARDS

Industry Standards

Carrier Benchmark commits to performing all services in accordance with recognized industry standards and applicable regulations:

Bookkeeping Standards:

We follow Generally Accepted Accounting Principles (GAAP) appropriate for small businesses
We maintain internal quality control procedures to ensure accuracy
We use professional accounting software (QuickBooks Online) meeting industry standards

IFTA Compliance:

We follow current International Fuel Tax Agreement regulations and procedures
We file with all applicable member jurisdictions
We maintain required quarterly records and documentation
We stay current with IFTA regulatory changes

DOT Compliance:

We organize files according to Federal Motor Carrier Safety Administration (FMCSA) regulations
Our driver qualification files follow 49 CFR Part 391 requirements
Our vehicle maintenance files follow 49 CFR Part 396 requirements
We maintain required accident register per 49 CFR Part 390.15
We include required policies and procedures per applicable FMCSA regulations

Continuing Education

Our team maintains current knowledge through:

Regular attendance at industry conferences and webinars
Subscriptions to professional publications and regulatory update services
Ongoing training on accounting software and compliance systems
Active participation in trucking industry associations
Regular review of FMCSA and IRS guidance updates

Quality Control

We maintain quality control procedures including:

Supervisory review of work performed by staff
Monthly reconciliation procedures for bookkeeping
Double-check review of IFTA calculations before submission
Document expiration monitoring systems with automated alerts
Client review and approval process for all filings
Regular internal audits of file completeness and accuracy

Ethical Standards

We commit to:

Honesty and transparency in all client communications
Confidentiality of all client information
Conflicts of interest avoidance
Professional conduct and courtesy
Timely response to client inquiries and concerns

Limitations on Services

We are not:

Certified Public Accountants (CPAs) - we do not provide audit, review, or attest services
Attorneys - we do not provide legal advice or representation
Financial advisors - we do not provide investment advice
DOT auditors or inspectors - we organize files but do not conduct audits

For services requiring professional licenses, we will refer you to qualified professionals.

16. DISPUTE RESOLUTION

We value our relationship with you and want to resolve any concerns quickly and fairly. Before resorting to formal legal proceedings, we require the following escalation process:

Step 1: Informal Resolution (Required First Step)

If you have any concern, complaint, or dispute regarding our services:

Contact us in writing at contact@carrierbenchmark.com
Describe the issue in detail with specific dates, documents, and concerns
Specify what outcome or resolution you are seeking
We will respond with our investigation findings and proposed resolution within 5 business days
Most issues are resolved at this stage through good-faith communication

Step 2: Management Review (If Step 1 Unsuccessful)

If you are not satisfied with the initial response:

Request escalation to management in writing within 10 days
Include all previous correspondence and any additional information
Management will review the entire matter independently
Management will respond with findings and proposed resolution within 10 business days
A phone call may be scheduled to discuss the matter if helpful

Step 3: Mediation (If Step 2 Unsuccessful)

If management review does not resolve the dispute:

Either party may request non-binding mediation
We agree to participate in good-faith mediation before pursuing arbitration or litigation
Mediation to be conducted by a mutually agreed neutral mediator
Mediation to take place in Chatham County, Georgia (or virtually if agreed)
Each party bears their own costs; mediator fees split 50/50
Mediation must be attempted within 60 days of written mediation request

Step 4: Arbitration (Final Step)

Only after completing Steps 1-3, either party may pursue binding arbitration per Section 17.

Good Faith Requirement

Both parties agree to participate in each step in good faith, meaning:

Timely responses to communications
Honest and complete disclosure of relevant information
Reasonable consideration of proposed resolutions
Professional and courteous conduct throughout
Genuine attempt to reach mutually acceptable resolution

Time Limit for Raising Disputes

You must initiate Step 1 within 90 days of discovering the facts giving rise to the dispute. After 90 days, you waive the right to dispute the matter (except for claims of fraud or intentional misconduct).

Exceptions to Required Process

This escalation process is not required for:

Emergency injunctive relief to prevent immediate, irreparable harm
Intellectual property disputes requiring immediate court action
Collection of undisputed past-due amounts
Statutory claims that cannot be arbitrated by law

17. BINDING ARBITRATION

Agreement to Arbitrate

After completing the Dispute Resolution Process in Section 16, any remaining dispute arising from these Terms of Service or our services shall be resolved through binding arbitration rather than in court.

Arbitration Rules

Arbitration conducted under the Commercial Arbitration Rules of the American Arbitration Association (AAA)
Single arbitrator selected according to AAA rules
Arbitrator's decision is final and binding
Judgment on arbitration award may be entered in any court with jurisdiction

Location

Arbitration hearings to be held in Chatham County, Georgia
Virtual/remote hearings permitted by mutual agreement or arbitrator's determination

Costs

Each party pays their own attorneys' fees and costs
Arbitration filing fees and arbitrator compensation split 50/50 between parties
Arbitrator may award fees and costs to prevailing party if appropriate under applicable law

Discovery

Limited discovery permitted as determined by arbitrator
Generally limited to document exchange and depositions of key witnesses
Designed to keep process efficient and cost-effective

Class Action Waiver

You agree that disputes will be arbitrated on an individual basis only. You waive any right to participate in class action lawsuits or class-wide arbitration. Each party may bring claims against the other only in an individual capacity.

Exceptions to Arbitration

The following disputes are NOT subject to arbitration and may be brought in court:

Claims for injunctive or equitable relief to prevent immediate, irreparable harm
Intellectual property disputes (trademark, copyright infringement)
Collection actions for undisputed past-due amounts under $5,000
Small claims court actions within jurisdictional limits

30-Day Right to Opt-Out

You may opt out of this arbitration agreement by sending written notice to us within 30 days of first using our services. Your notice must include your name, business name, and a clear statement that you wish to opt out of the arbitration agreement. If you opt out, all disputes will be resolved in court per Section 18 (Governing Law).

Send opt-out notice to: Carrier Benchmark LLC, PO Box 91, Pooler, GA 31322, or contact@carrierbenchmark.com

Survival

This arbitration agreement survives termination of your service agreement.

18. GOVERNING LAW AND VENUE

Applicable Law

These Terms of Service shall be governed by the laws of the State of Georgia, without regard to its conflict of law provisions
Federal Arbitration Act governs interpretation and enforcement of arbitration agreement
Federal law applies to IFTA, FMCSA, and other federal regulatory matters

Venue for Non-Arbitrated Claims

For any claims not subject to arbitration:

Exclusive venue shall be the state or federal courts located in Chatham County, Georgia
Both parties consent to personal jurisdiction in Georgia courts
Both parties waive any objection to venue in Georgia

Choice of Law

If any provision of these Terms conflicts with applicable law:

The provision shall be interpreted to comply with law to maximum extent possible
If a provision cannot be made lawful, it shall be severed and remaining provisions remain in effect
Georgia law applies except where federal law preempts state law

19. GENERAL PROVISIONS

Severability

If any provision of these Terms of Service is found to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.

Entire Agreement

These Terms of Service, together with our Privacy Policy, constitute the entire agreement between you and Carrier Benchmark LLC regarding our services and supersede all prior agreements and understandings.

Changes to Terms

We reserve the right to modify these Terms of Service at any time. We will notify you of material changes by email or by posting a notice on our website at least 30 days before the changes take effect. Your continued use of our services after such modifications constitutes your acceptance of the updated terms.

No Waiver

Our failure to enforce any provision of these terms shall not constitute a waiver of that provision or our right to enforce it in the future.

Assignment

You may not assign or transfer your rights or obligations under these terms without our written consent. We may assign our rights and obligations to any successor or affiliate with notice to you.

20. DEFINITIONS

For purposes of these Terms of Service:

"Business Day" means Monday through Friday, 9:00 AM to 5:00 PM Eastern Time, excluding federal holidays observed by Carrier Benchmark.
"Complete Information" means all data, documents, and access necessary for us to perform our services, provided in the format and timeframe we reasonably request.
"DOT" means the U.S. Department of Transportation and includes FMCSA (Federal Motor Carrier Safety Administration).
"Due to Our Error" means an error caused solely by our mistake, negligence, or oversight, not caused or contributed to by inaccurate, incomplete, or late information from you.
"ELD" means Electronic Logging Device, used to track vehicle mileage and hours of service.
"IFTA" means International Fuel Tax Agreement, the system for reporting and paying fuel taxes across multiple jurisdictions.
"Material Error" means an error in financial statements that affects net income by more than 5% or $1,000, whichever is greater, or that results in regulatory penalties.
"Service Level Failure" means our failure to meet a specific service level commitment defined in Section 3, where the failure is due to our error and not caused by late or incomplete information from you.
"Timely" or "Timeliness" means within the timeframes reasonably requested by us or within industry-standard timeframes if no specific deadline is stated.
"We," "Us," "Our" refers to Carrier Benchmark LLC.
"You," "Your" refers to the client motor carrier company and its authorized representatives.

21. CONTACT INFORMATION

If you have questions about these Terms of Service, please contact us:

Carrier Benchmark LLC
PO Box 91
Pooler, GA 31322

Email: contact@carrierbenchmark.com
Phone: (912) 712-2036

Business Hours:
Monday - Friday: 9:00 AM - 5:00 PM EST
Saturday - Sunday: Closed

22. ACKNOWLEDGMENT

By using our services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service and our Privacy Policy.

END OF TERMS OF SERVICE

Version 2.0 - Last Updated: January 2025