GENERAL TERMS AND CONDITIONS

TERMS OF USE:

Drivergent, Inc. (“Drivergent”) consists of Drivergent Transportation, Drivergent Logistics, Drivergent Staffing, and Drivergent Management Services, each offering differing services. Drivergent’s web site consists of various Web pages operated by Drivergent including but not limited to drivergent.com.

Agreement Between User and/or Customer’s and Drivergent

Drivergent’s Web Sites and all Drivergent services are offered to you conditioned on your acceptance without modification of the terms and conditions, and notices contained herein. Your use of Drivergent Web Sites and/or Drivergent services constitutes your agreement to all terms, conditions and notices contained herein.

Information Collection, Use, and Sharing

We are the sole owners of the information collected on this site. We only have access to/collect information that you voluntarily give us via email or other direct contact from you. We will not sell or rent this information to anyone.

We will use your information to respond to you, regarding the reason you contacted us. We will not share your information with any third party outside of our organization, other than as necessary to fulfill your request, e.g. to ship an order.

Unless you ask us not to, we may contact you via email in the future to tell you about specials, new products or services, or changes to this privacy policy.

Modification of Terms and Conditions

Drivergent reserves the right to modify its Web Site(s) and any and all Terms, Conditions and Notices contained herein at any time without notice.

Payment

Reservation of charter service requires a 10% deposit, minimum of $100.00., within 2 weeks of booking to hold reservation. Deposit is non-refundable if cancellation is made within 7 days of departure. Deposit is 50% refundable if cancellation is made within 8-14 days of departure. Final payment for charter service is due and payable at least fifteen (15) days in advance of the date of departure of the charter (the “Charter Date”) or at time of booking depending on the date and type of order. Review your proposal for deposit information. When making payment Customer should indicate on its check or other mode of payment the Invoice/Contract number to insure proper credit. Customers will be billed an administrative and handling charge of three (3%); however, this fee will be waived for payments made by check, certified funds, money order or wire transfer. The chartering party will be responsible and charged for any returned check fees or bank fees of any kind incurred by Drivergent.

Cancellation

The Chartering Party must notify Drivergent of cancellations via fax, phone or email. There is no cancellation fee if the cancellation is made at least fifteen (15) days prior to the Departure Date. Cancellations made within fourteen (14) days prior to departure to eight (8) days prior to departure will forfeit 50% of the deposit. Any Service cancelled within seven (7) days of departure, the Chartering Party will forfeit to Drivergent the full amount of the deposit.

Additional Charges

When, at the request of the Chartering Party, any change in service resulting in additional miles or hours to that specified on the charter service order produced, an additional charge shall be made for such additional service. Where alcohol is involved, an alcohol deposit may be required. Alcohol and other security deposits may vary. Tolls, highway fees, parking fees, etc. will be separate and additional elements in the determination of any additional charges. Drivergent will notify the Chartering Party of any additional charges that may be expected to be incurred at the time of the original order. Any additional fees unforeseen prior to the departure of the charter are the responsibility of the Chartering Party.

Extended Day Trips

The Chartering Party is responsible for reserving and paying for a room for each driver. A thorough itinerary is required for extended day trips at least two (2) weeks prior to departure and the final itinerary must be received at least one (1) week prior to departure. Prices are subject to change based on the final itinerary.

Driver Hours

U.S. Federal Department of Transportation (DOT) safety regulations prohibit drivers to be on duty more than fifteen (15) hours per day, ten (10) of which are for driving. The driver must be given eight (8) consecutive hours off before resuming duties. A one day charter includes one driver and their hours are limited by the Federal Safety Regulations. In the event your transportation needs require a driver for service in excess of the Federal Safety Regulations per day the chartering party is responsible for any and all additional costs of furnishing a second driver (“bump driver”) for each day the additional services are required.

Damages to Buses

The cost of repairing damage to buses resulting from acts of members of the Chartering Party shall be charged to the Chartering Party and is payable as soon as such cost is determined.

Arrival Time

The time of arrival at starting point, stop-over point, destination, or return to point of origin cannot be guaranteed. The Operators are pre-selected and have instructions to drive at all times in compliance to all governing laws. Unusual road, traffic and weather conditions are beyond the control of Drivergent and the Operator, and delays occasioned by same will not be the responsibility of Drivergent or the Operator. Late arrivals due to these and other occurrences out of the control of Drivergent or the Operator are not grounds for cancellation of the charter.

Equipment

Equipment furnished by Drivergent or the service provider is inspected before being assigned to the charter service to insure uninterrupted service. If for some reason beyond the control of Drivergent or the service provider, a mechanical failure makes necessary the replacement of a bus originally assigned to the charter service, the replacement bus may be of a different type. DVD equipment is installed on some of the over the road motor coaches. Request for DVD equipped coaches will be honored to the best of our ability, but is not guaranteed. Only non-copyrighted DVD’s are permitted. The following is important information from a Summary Statement prepared by the Film Security Office of the Motion Picture Association of America Inc. provided for your information: “By law the prerecorded video cassettes available in stores throughout the United States are for HOME USE ONLY”. The U.S. Copyright Act grants to the copyright owner the EXCLUSIVE right among others, “to perform the copyrighted work publicly,” (U.S. Code Title 17, Sections 101 and 106). “Even performances in semipublic places such as clubs, lodges, factories, summer camps, and schools are public performances subject to copyright control.” Companies, organizations and individuals who wish to publicly exhibit copyrighted motion pictures and audiovisual works MUST secure a license to do so. DRIVERGENT AND ITS SERVICE PROVIDERS DISCLAIM ANY AND ALL LIABILITY FOR THE SHOWING OF COPYRIGHTED VIDEO. This requirement applies EQUALLY to profit making organizations and non-profit institutions. Purchases of prerecorded videocassettes and videodiscs do not change their obligations. In addition, public performance of videotape recordings made from televised motion pictures is a multiple copyright infringement. Equipment size is not guaranteed and is only an estimate based on information at time of booking. What is guaranteed is that the vehicles provided will accommodate the number of passengers specified in the reservation confirmation.

Baggage

Neither Drivergent, nor the service provider, assumes any responsibility whatsoever for any personal property. Baggage and all other personal property will be processed only at passengers’ own risk. Passengers’ baggage shall be carried subject to the available accommodations (as determined solely by Drivergent or the service provider) provided by interior and/or exterior racks. A fifteen percent (15%) luggage handling charge may be applied to airport transfers.

Objectionable Persons

Drivergent and its service providers reserve the right to refuse to transport persons under the influence of intoxicating liquor or drugs, or who are, or are likely to become, objectionable to other persons or if the driver feels threatened in any way. Passenger Conduct Passengers shall not in any way obstruct the bus driver in the discharge of his/her duty nor tamper with any apparatus or appliance on the bus.

Fireworks, Explosives and Fire Arms

Possession of firearms, explosives and fireworks (whether in baggage or on the person) are strictly forbidden on our vehicles.

Cleaning Beyond Normal Wear & Tear

In the event that the charter trip’s activities require greater than normal amount of time and material necessary to clean bus properly upon its return to garage, Drivergent, in its sole option, may require an additional cost to cover such additional time and materials.

LIMITATION OF LIABILITY

NEITHER DRIVERGENT AND/OR THE SERVICE PROVIDER, SHALL BE LIABLE IN ANY EVENT OR FOR ANY REASON, INCLUDING BREACH OF THIS AGREEMENT, EITHER DIRECTLY OR INDIRECTLY, TO THE OTHER PARTY OR ANY THIRD PARTY FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES OR LOSS OF PROFITS ARISING OUT OF THIS AGREEMENT, EVEN IF SUCH DAMAGES WERE FORESEEABLE OR DRIVERGENT OR THE SERVICE PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IT IS EXPRESSLY AGREED THAT NEITHER DRIVERGENT, NOR THE SERVICE PROVIDER, SHALL, UNDER ANY CIRCUMSTANCES, BE LIABLE TO ANY PARTY FOR AN AMOUNT GREATER THAN THE SINGLE BUS CHARTER FEE FOR THE DAY IN QUESTION.

Force Majeure

Neither party shall be liable for failure or delay in performing obligations set forth in this agreement, and neither party shall be deemed in breach of its obligations, if such failure or delay is due to natural disasters, strike, lock-out, or other industrial or transportation disturbances, law, regulation or ordinance, or any causes reasonably beyond the control of such party.

Prices Subject To Change

All prices quoted in the confirmation are subject to change under the circumstances described (a.) If the price of diesel fuel increases by more than fifteen percent (15%) between the date of the confirmation and the date of the charter, Drivergent may charge a fuel surcharge; (b.) If there is a change in the federal, state or local laws or regulations or market conditions between the date of the confirmation and the date of the charter that (i.) Require material modifications be made to the motor coach chartered under the confirmation prior to the date of the charter; (ii.) Cause Drivergent to incur material additional or increased expenses in providing the charter services; (c) If due to market conditions or order discrepancies the estimated cost of the trip is higher than the initial estimate.

Entire Agreement

This Agreement constitutes the entire agreement between the parties and supersedes any and all other agreements, either oral or written with respect to the subject matter hereof. Drivergent employees are without authority to modify the Terms and Conditions contained herein.

Assignment

The Chartering Party may not assign this Agreement or any of their respective rights, interests, duties or obligations hereunder without the prior written consent of Drivergent. Drivergent may assign this Agreement and any of its rights, interests, duties or obligations hereunder without the prior written consent of the Chartering Party.

Prohibited Items

The following items and activities are prohibited without the written consent of Drivergent Transportation: (i.) Decorations; (ii.) Alcoholic Beverages (a fee, per bus, may be required if alcoholic beverages are allowed by Drivergent and/or the service provider); (iii.) Smoking; (iv.) Glass containers; (v.) Golf shoes or other shoes with spikes; (vi.) Fuel containers; (vii.) Generators. No tap beer is allowed on any bus.

ADA/SPAB NOTICE

Any group that requires an ADA accessible or SPAB Certified bus & driver is requested to inform Drivergent in writing at the time of the reservation.

Copyright and Trademark Notices

Miscellaneous

Governing Law

The rights and obligations of the parties hereto shall be interpreted, construed and enforced in accordance with the laws of the State of Michigan. Customer irrevocably consents to jurisdiction of the state and federal courts of the State of Michigan, County of Macomb, City of Fraser and in any disputes arising out of these Terms and Conditions agrees to waive the defense that such court lacks personal jurisdiction over Customer.

No trial By Jury

Drivergent and its Customer each agrees to waive all rights to trial by jury in any claim, action, proceeding or counterclaim by either party against the other on any matters arising out of or in any way connected with the Event or these Terms and Conditions.

Collection

Customer agrees to pay all costs, expenses and attorney fees without limitation either expected or incurred by Drivergent due to any breach or default by Customer of any Terms and Conditions contained herein.

Severability

If any part of these Terms and Conditions or Agreement with Drivergent is declared invalid for any reason, this ruling shall not affect the validity of the rest of the Agreement. The other parts of the Agreement, Terms and Conditions shall remain in effect as if the as if it had been executed without the invalid part.

Open Accounts

Full payment is due according the dates set forth in these Terms and Conditions. However, in the event payment is not made as specified on the due date interest will accrue on the unpaid balance at the rate of 1 ½% per month.

Counterparts, Facsimile, E-mail Acknowledgement

These Terms and Conditions may be executed and/or acknowledged in separate counterparts, each of which shall be deemed an original and both of which shall together constitute one and the same instrument. These Terms and Conditions are hereby incorporated by reference to all bookings through Drivergent. For purposes of this Agreement, facsimile signatures, e-mail acknowledgement shall constitute an electronic signature, use of the Drivergent Web Site and/or Drivergent services shall be treated as consent to the Terms and Conditions contained herein.

Terms and Conditions