Terms of Service

Version 3.1 — Effective March 2026

Definitions

Throughout these Terms, the following definitions apply:

  • "CB," "we," "our," or "us" refers to Carrier Benchmark LLC, a Georgia limited liability company.
  • "Client," "you," or "your" refers to the independent owner operator or motor carrier engaging CB for dispatch and back-office services.
  • "Services" refers to the dispatch, load searching, rate negotiation, dispatch coordination, invoicing, and other back-office services provided by CB as described in these Terms.
  • "Dispatch Fee" refers to the percentage of gross revenue per load charged by CB for its Services. The Dispatch Fee is 7% for Dispatch services or 10% for Full Service, as selected by the Client at the time of engagement. The applicable tier and rate are confirmed during onboarding.
  • "Load" refers to any freight shipment dispatched through CB's Services and booked under the Client's MC authority.
  • "MC Authority" refers to the Client's motor carrier operating authority issued by the Federal Motor Carrier Safety Administration (FMCSA).
  • "Broker" refers to any third-party freight broker, shipper, or load provider from whom loads are sourced.
  • "Factor" or "Factoring Company" refers to the Client's third-party invoice factoring provider, if any.
  • "Trailer Rental" refers to the optional equipment rental add-on service offered by CB at weekly rates.
  • "Full Service" refers to CB's enhanced service tier that includes all Dispatch services plus compliance calendar and reminders, IFTA tracking assistance, document management and filing, and dedicated back-office support.
  • "Confidential Information" refers to any non-public business information, including but not limited to rates, financial data, customer lists, operational details, and proprietary processes disclosed by either party.

1. Agreement to Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you and Carrier Benchmark LLC ("CB"). By engaging our dispatch and back-office services, you acknowledge that you have read, understood, and agree to be bound by these Terms in their entirety.

If you are entering into these Terms on behalf of a business entity, you represent and warrant that you have the authority to bind that entity to these Terms. If you do not agree to these Terms, do not use our Services.

CB reserves the right to update or modify these Terms at any time. We will provide reasonable notice of material changes via email or through our website. Your continued use of our Services after any such changes constitutes your acceptance of the updated Terms.

2. Description of Services

Carrier Benchmark provides dispatch and back-office services for independent owner operators who maintain their own MC authority and insurance. Our Services include:

Dispatch Services

  • Load searching: We search available load boards and our broker network to identify freight opportunities that match your equipment, lanes, and preferences.
  • Rate negotiation: We negotiate rates with brokers and shippers on your behalf to secure competitive pricing for each load.
  • Dispatch coordination: We coordinate pickup and delivery logistics, communicate with brokers regarding scheduling, and manage load documentation including rate confirmations.

Back-Office Services

  • Invoicing: We prepare and submit invoices and supporting documentation (rate confirmations, bills of lading, proof of delivery) to your factoring company or directly to the broker as applicable.
  • Document management: We organize and maintain load-related paperwork on your behalf.

Optional Add-On Services

  • Trailer rental: CB may offer trailers for rent at weekly rates. Trailer rental terms, rates, availability, and conditions are provided separately and may be subject to additional agreements.

Full Service (10% Tier)

In addition to all Dispatch Services and Back-Office Services described above, Clients who select the Full Service tier receive:

  • Compliance calendar and reminders: We track key compliance dates including insurance renewals, registration deadlines, drug and alcohol testing schedules, and other regulatory deadlines, and provide timely reminders.
  • IFTA tracking assistance: We assist with organizing fuel receipts and mileage data to support your quarterly IFTA filings.
  • Document management and filing: We organize, store, and manage your business documents including driver qualification files, equipment records, and compliance documentation.
  • Dedicated back-office team: Full Service clients receive priority support and a dedicated point of contact for all dispatch and back-office matters.

CB does not provide brokerage services, operate as a freight broker, or hold broker authority. All loads are booked under the Client's own MC authority with the Client's knowledge and approval. CB does not provide legal, tax, accounting, or insurance advisory services.

3. Pricing and Payment

Dispatch Fee

CB charges a Dispatch Fee based on your selected service tier: 7% of gross revenue per load for Dispatch services, or 10% of gross revenue per load for Full Service. Your service tier is confirmed during onboarding and may be changed by mutual written agreement. The gross revenue is the total rate listed on the rate confirmation for each load, before any deductions including but not limited to factoring fees, fuel costs, tolls, or other expenses.

  • There are no monthly fees, setup fees, or minimum volume requirements.
  • There are no long-term contracts. You pay only for loads dispatched through CB.
  • The Dispatch Fee applies to every load that CB dispatches for you, regardless of whether the load is ultimately completed, unless the load is cancelled before pickup with broker consent.

Payment Terms

Dispatch Fees are due within fifteen (15) days of the load delivery date, unless other arrangements have been agreed upon in writing. CB may invoice Dispatch Fees on a weekly or bi-weekly basis at its discretion.

Late payments may be subject to a late fee of 1.5% per month (or the maximum allowed by law, whichever is less) on any outstanding balance past due.

CB reserves the right to suspend Services for any Client with outstanding balances more than thirty (30) days past due.

Trailer Rental Fees

If you utilize CB's optional trailer rental service, rental fees are charged at the agreed-upon weekly rate and are due on the schedule specified in your trailer rental agreement. Trailer rental fees are separate from and in addition to the Dispatch Fee.

No Handling of Freight Revenue

CB does not collect, hold, process, or distribute freight revenue. Your factoring company or the broker pays you directly. CB's only fee is the Dispatch Fee described above.

4. Client Requirements

To use CB's Services, you must meet and maintain the following requirements throughout our engagement:

  • Active MC authority: You must hold a valid, active motor carrier operating authority (MC number) issued by the FMCSA in good standing.
  • Active USDOT number: You must maintain a valid, active USDOT number with no out-of-service orders.
  • Valid insurance: You must maintain all required insurance coverages at the minimum levels required by federal and state law, including but not limited to commercial auto liability, cargo insurance, and any other coverages required for the freight you transport.
  • Operating compliance: You must remain in compliance with all applicable FMCSA regulations, state laws, and industry standards, including but not limited to hours of service, drug and alcohol testing, vehicle maintenance, and driver qualification requirements.
  • Factoring company (recommended): While not strictly required, we strongly recommend that you have an active factoring company to ensure timely payment on invoiced loads. If you do not have a factoring arrangement, you are responsible for collecting payment directly from brokers.
  • Accurate information: You must provide CB with accurate, current documentation including but not limited to your MC authority, USDOT number, insurance certificates, W-9, factoring company details (notice of assignment), and equipment specifications.
  • Timely communication: You must be reasonably available during business hours (Monday through Friday, 7:00 AM to 7:00 PM EST; Saturday, 8:00 AM to 2:00 PM EST) to approve loads, provide updates on load status, and respond to time-sensitive dispatch communications.

Failure to meet or maintain any of these requirements may result in suspension or termination of Services at CB's discretion.

5. Relationship of the Parties

The relationship between CB and you is strictly that of an independent service provider and an independent client. This section clarifies what CB is and what CB is not:

  • CB is not your employer. You are an independent business operating under your own authority. CB does not control how, when, or where you drive. We do not set your schedule, mandate routes, or require you to accept any load. Nothing in these Terms creates an employment, joint employment, or co-employment relationship.
  • CB is not a freight broker. CB does not hold freight broker authority and does not operate as a broker. We act as your dispatch service provider, searching for and presenting load opportunities to you. All loads are booked under your MC authority, not ours.
  • CB is not a motor carrier for your loads. You are the motor carrier of record for all loads you transport. You bear full responsibility for the safe and lawful transportation of freight.
  • CB is not your agent for all purposes. CB's authority is limited to the specific dispatch and back-office functions described in these Terms. CB does not have the authority to bind you to any agreement, obligation, or liability beyond what you expressly authorize.
  • You are an independent business. You maintain your own MC authority, your own insurance, your own equipment, and your own business operations. You are solely responsible for your own taxes, benefits, maintenance, fuel, permits, and all other costs of operating your business.

Neither party has the authority to bind the other party to any contract, obligation, or liability without the other party's express written consent, except as specifically described in Section 6 regarding load booking authorization.

6. Load Approval and Authorization

CB operates on a load-by-load approval basis. The following process governs how loads are booked:

  • Load presentation: CB will present available load opportunities to you, including the rate, pickup and delivery locations, dates, and any other relevant details.
  • Your approval required: No load will be booked without your express approval. You retain full authority to accept or reject any load for any reason.
  • Booking authorization: When you approve a load, you authorize CB to book that specific load under your MC authority. This authorization is limited to the specific load approved and does not constitute a blanket authorization to book future loads without your consent.
  • Rate confirmation: Once a load is booked, CB will provide or facilitate the rate confirmation, which is the binding agreement between you (as the motor carrier) and the broker or shipper.
  • Cancellations: If you need to cancel a load after it has been booked, you must notify CB immediately. You understand that cancelling a booked load may result in penalties from the broker, damage to your carrier reputation, and you will owe the Dispatch Fee if the cancellation occurs after the broker has confirmed the load.

By using CB's Services, you acknowledge that when you approve a load, CB is acting on your behalf and with your authorization to book that load under your MC authority. You are solely responsible for fulfilling any load you approve.

7. Our Responsibilities

CB commits to providing professional, reliable dispatch and back-office services. Specifically, CB will:

  • Search load boards and broker networks diligently to find freight opportunities matching your equipment type, lane preferences, and scheduling needs.
  • Negotiate rates in good faith with the goal of securing competitive pricing for each load.
  • Coordinate dispatch logistics professionally, including communicating with brokers regarding pickup and delivery scheduling.
  • Prepare and submit invoices and required documentation to your factoring company or the broker in a timely manner after load completion.
  • Maintain the confidentiality of your business information as described in Section 11.
  • Communicate transparently regarding load details, rates, and any issues that arise during dispatch.
  • Operate with honesty and integrity in all dealings on your behalf.
  • Be available during business hours (Monday through Friday, 7:00 AM to 7:00 PM EST; Saturday, 8:00 AM to 2:00 PM EST) for dispatch support and communication.

8. Limitations and Disclaimers

While CB strives to provide excellent service, you acknowledge and agree to the following limitations:

  • No guaranteed revenue: CB does not guarantee any specific level of revenue, number of loads, or load frequency. Freight availability depends on market conditions, your equipment type, your location, seasonal demand, and other factors outside CB's control.
  • No guaranteed rates: CB cannot guarantee specific freight rates. Rates are determined by market conditions and broker/shipper pricing. CB will negotiate in good faith but cannot control market pricing.
  • Load outcomes: CB is not responsible for issues that occur during transit, including but not limited to cargo damage, cargo loss, detention, driver delays, mechanical breakdowns, weather delays, accidents, or any other events related to the physical transportation of freight.
  • Broker payment issues: CB is not responsible for a broker's failure to pay, slow payment, disputed charges, or any other payment issues between you and the broker or between you and your factoring company. CB submits invoices and documentation on your behalf but does not guarantee payment from any third party.
  • Your compliance: CB is not responsible for your compliance with FMCSA regulations, state laws, tax obligations, insurance requirements, or any other legal or regulatory obligations. You are solely responsible for maintaining your authority, insurance, and legal compliance.
  • Third-party actions: CB is not responsible for the actions, omissions, or defaults of any third party, including brokers, shippers, receivers, factoring companies, or other service providers.
  • Service availability: While CB will make reasonable efforts to provide consistent service, CB does not guarantee uninterrupted availability of its Services. CB may occasionally be unavailable due to holidays, staffing changes, or other circumstances.

DISCLAIMER: CB'S SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, CB DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. CB DOES NOT WARRANT THAT ITS SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, OR THAT THE RESULTS OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE, RELIABLE, OR SATISFACTORY.

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:

  • CB's total aggregate liability to you for any and all claims arising out of or related to these Terms or the Services, whether in contract, tort (including negligence), strict liability, or any other legal theory, shall not exceed the total Dispatch Fees paid by you to CB during the twelve (12) months immediately preceding the event giving rise to the claim.
  • IN NO EVENT SHALL CB BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF BUSINESS, LOSS OF DATA, LOSS OF GOODWILL, OR ANY OTHER INTANGIBLE LOSSES, EVEN IF CB HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
  • CB shall not be liable for any damages arising from: (a) your failure to maintain required insurance, authority, or compliance; (b) your decision to accept or reject any load; (c) any third party's actions or failure to act, including but not limited to brokers, shippers, receivers, and factoring companies; (d) cargo damage, cargo loss, or any claims related to the physical transportation of freight; or (e) market conditions affecting freight rates or availability.

These limitations apply regardless of whether the damages are based on warranty, contract, tort, statute, or any other legal theory, and whether or not CB has been advised of the possibility of such damages. Some jurisdictions do not allow the exclusion or limitation of certain damages, so the above limitations may not apply to you to the extent prohibited by applicable law.

10. Indemnification

You agree to indemnify, defend, and hold harmless CB, its members, managers, officers, employees, agents, and affiliates from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to:

  • Your operation as a motor carrier, including any claims related to cargo damage, cargo loss, personal injury, property damage, or death.
  • Your breach of any provision of these Terms.
  • Your violation of any applicable law, regulation, or third-party rights.
  • Your failure to maintain required insurance, MC authority, USDOT registration, or regulatory compliance.
  • Any dispute between you and a broker, shipper, receiver, factoring company, or any other third party.
  • Any misrepresentation or inaccuracy in information you provide to CB.
  • Any claim by a government agency related to your operations as a motor carrier.

This indemnification obligation survives the termination of these Terms and your relationship with CB.

11. Confidentiality and Data Security

Confidentiality Obligations

Both parties agree to maintain the confidentiality of Confidential Information received from the other party. Confidential Information includes, but is not limited to:

  • Freight rates and pricing information
  • Broker and customer relationships and contact information
  • Financial information and business records
  • Operational processes and business strategies
  • Any information designated as confidential by the disclosing party

Neither party shall disclose the other party's Confidential Information to any third party without the disclosing party's prior written consent, except as required by law or as necessary to perform the Services described in these Terms (for example, sharing load information with brokers to book freight, or submitting invoices to your factoring company).

Data Security

CB will implement reasonable administrative, technical, and physical safeguards to protect your information from unauthorized access, use, or disclosure. These measures include:

  • Secure storage of business documents and records
  • Access controls limiting who can view your information
  • Encrypted communications where applicable

However, no method of transmission or storage is completely secure, and CB cannot guarantee the absolute security of your information. Please refer to our Privacy Policy for additional details on how we collect, use, and protect your information.

Data Retention

CB will retain your business records for as long as necessary to provide the Services and for a reasonable period after termination to comply with legal obligations and resolve any disputes. Upon termination, you may request copies of your load records and documentation, and CB will provide them within a reasonable timeframe.

12. Termination

Either party may terminate these Terms and the service relationship at any time, for any reason, with or without cause, and without penalty.

  • No contracts: There are no long-term contracts, no minimum commitment periods, and no early termination fees.
  • How to terminate: Either party may terminate by providing written notice (email is sufficient) to the other party. Termination is effective upon receipt of such notice, subject to the obligations below.
  • Outstanding obligations: Termination does not relieve you of the obligation to pay any outstanding Dispatch Fees for loads already dispatched or in transit at the time of termination. All Dispatch Fees accrued prior to the effective date of termination remain due and payable.
  • Loads in transit: If loads are in transit at the time of termination, CB will make reasonable efforts to assist with completion of those loads. You remain responsible for fulfilling any load commitments already made.
  • Trailer returns: If you are renting a trailer from CB, the trailer must be returned in the condition specified in your trailer rental agreement within the timeframe specified upon termination.
  • Immediate termination by CB: CB reserves the right to terminate Services immediately and without notice if: (a) your MC authority is revoked, suspended, or placed out of service; (b) your insurance lapses or is cancelled; (c) you engage in fraudulent, illegal, or unsafe conduct; (d) you materially breach these Terms; or (e) you fail to pay outstanding Dispatch Fees for more than thirty (30) days.

13. Non-Solicitation

During the term of your engagement with CB and for a period of twelve (12) months following termination, you agree not to directly contact, solicit, or book freight with any broker, shipper, or load provider with whom you were first introduced through CB's Services, for the purpose of circumventing CB's dispatch services.

This restriction applies only to broker and shipper relationships that were originated by CB on your behalf. It does not apply to brokers or shippers with whom you had a pre-existing relationship prior to engaging CB, or to brokers and shippers you independently discover after termination through your own efforts unrelated to CB's introductions.

If you breach this provision, you agree to pay CB a fee equal to 7% of the gross revenue of each load booked in violation of this section, in addition to any other remedies available to CB under these Terms or applicable law.

14. Intellectual Property

All intellectual property rights in CB's name, logo, branding, website, processes, systems, and proprietary methods remain the exclusive property of Carrier Benchmark LLC. You may not use CB's name, logo, or branding without our prior written consent.

You retain all rights to your own business name, MC authority, branding, and any proprietary information you provide to CB. CB does not claim any ownership interest in your business or intellectual property.

15. Force Majeure

Neither party shall be liable for any failure or delay in performing its obligations under these Terms to the extent that such failure or delay is caused by circumstances beyond its reasonable control, including but not limited to: natural disasters, acts of God, pandemics, epidemics, government actions or restrictions, embargoes, sanctions, war, terrorism, civil unrest, strikes, labor disputes, utility failures, internet or telecommunications failures, cyberattacks, or any other event beyond the reasonable control of the affected party.

The affected party shall provide prompt notice to the other party and shall use reasonable efforts to mitigate the effects of the force majeure event.

16. Dispute Resolution

The parties agree to resolve any disputes arising out of or related to these Terms through the following process:

Step 1: Informal Resolution

Before initiating any formal dispute resolution proceedings, the parties shall attempt to resolve the dispute informally. The aggrieved party shall provide written notice of the dispute to the other party, and both parties shall make a good faith effort to resolve the matter through direct communication within thirty (30) days of such notice.

Step 2: Mediation

If the dispute cannot be resolved informally within thirty (30) days, either party may initiate mediation. Mediation shall be conducted by a mutually agreed-upon mediator in Baldwin County, Georgia (or remotely by mutual agreement). The costs of mediation shall be shared equally by both parties. Each party shall bear its own attorneys' fees and costs related to the mediation.

Step 3: Binding Arbitration

If mediation is unsuccessful, either party may submit the dispute to binding arbitration. Arbitration shall be conducted in Baldwin County, Georgia, in accordance with the rules of the American Arbitration Association. The arbitrator's decision shall be final and binding on both parties and may be entered as a judgment in any court of competent jurisdiction. Each party shall bear its own attorneys' fees and costs, unless the arbitrator determines otherwise.

Exceptions

Notwithstanding the above, either party may seek injunctive or other equitable relief in a court of competent jurisdiction to prevent irreparable harm, protect intellectual property rights, or enforce confidentiality obligations without first pursuing informal resolution, mediation, or arbitration.

Small Claims

Either party may bring an individual action in small claims court for disputes within the jurisdictional limits of such court.

17. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Georgia, without regard to its conflict of law principles. Any legal action or proceeding not subject to the dispute resolution process in Section 16 shall be brought exclusively in the state or federal courts located in Baldwin County, Georgia, and each party consents to the personal jurisdiction and venue of such courts.

18. General Provisions

Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. The invalid provision shall be modified to the minimum extent necessary to make it valid and enforceable while preserving its original intent.

Entire Agreement

These Terms, together with any applicable trailer rental agreement and our Privacy Policy, constitute the entire agreement between you and CB regarding the subject matter herein and supersede all prior or contemporaneous communications, proposals, and agreements, whether oral or written, between the parties regarding the Services.

No Waiver

The failure of either party to enforce any right or provision of these Terms shall not constitute a waiver of that right or provision. Any waiver of any provision of these Terms shall be effective only if made in writing and signed by the waiving party.

Assignment

You may not assign or transfer these Terms or any rights or obligations hereunder without CB's prior written consent. CB may assign these Terms in connection with a merger, acquisition, reorganization, or sale of all or substantially all of its assets, provided the assignee agrees to be bound by these Terms. Any attempted assignment in violation of this section shall be void.

Notices

All notices under these Terms shall be in writing and shall be deemed given when: (a) delivered personally; (b) sent by email (with confirmation of receipt); or (c) sent by certified mail, return receipt requested, to the addresses provided by each party. Email notice to CB should be sent to contact@carrierbenchmark.com.

Headings

The section headings in these Terms are for convenience only and shall not affect the interpretation of any provision.

Survival

The provisions of these Terms that by their nature should survive termination shall survive, including but not limited to: Sections 3, 5, 8, 9, 10, 11, 13, 14, 16, 17, and 18.

19. Contact Information

If you have any questions, concerns, or inquiries about these Terms of Service, please contact us:

Carrier Benchmark LLC
118 E. Hancock St. Unit 395
Milledgeville, GA 31061
Email: contact@carrierbenchmark.com
Phone: (912) 712-2036

Business Hours: Monday through Friday, 7:00 AM to 7:00 PM EST; Saturday, 8:00 AM to 2:00 PM EST