TransIT Terms of Service
Welcome to TransIT, a transportation management system that enables trucking companies, owner operators to manage their trucking operation. We value you as a customer. In order to avoid conflict of interest and protect everyone, we require anyone using any of our service thru this site or other means need to follow and agree to the terms and conditions listed herein. Further, you confirm that by using our websites or services, you are agreeing to our terms and conditions as listed here.
This Agreement is an electronic contract that establishes the legally binding terms you must accept to use the Website or any services provided by TransIT. By accessing the Website or using the Service, you accept this Agreement and agree to the terms, conditions, and notices contained or referenced herein and consent to have this Agreement and all notices provided to you in electronic form. Further, using the Service, you consent to receive this Agreement in electronic form by using the Service. To withdraw this consent, you must cease using the Service and terminate your account.
- You must be 18 years old to use this service
- You must provide Your Full Legal Name, Legal Company Name, DBA Name, Official Address, Phone Numbers, Email Address, DOT Number, MC Number, EIN/SSN, etc to sign up for the service and you agree that you will update any changes in these information promptly.
- You are responsible for maintaining the security and confidentiality of your account in terms of protecting your username and password. TransIT cannot and will not be liable for any loss or damage from your failure to comply with this security obligation
- You are responsible for all activity that occurs under your account
- You may not use the Service for any illegal or unauthorized purposes. You must comply with all laws in your jurisdiction including copyright laws.
- You are solely responsible for all the contents posted to any service/website that TransIT provided under this agreement and further you are solely responsible for downloading and backing up the data you stored in any service TransIT provided.
- TransIT shall have no responsibility for lost, stolen, inaccurate or misleading data or other information stored on or provided through the Service.
- You agree and aware that for the purpose of the agreement the governing law will be based on the Dallas County, Texas, USA Judicial Courts and in any event, the venue will be only in the courts available in the Dallas County, TX, USA.
Subscription Payment, Downgrade, Upgrade, Refund Terms
- A valid Credit Card is required for the service
- Your service will be billed on a monthly basis in advance of the month.
- All fees are non-refundable once charged. Your monthly fees will be deducted no later than 3rd of each month. There will be no refunds or credit for partial months of service or months unused.
- By signing up for the service, you authorize us to charge your credit card on a monthly basis for the fees for services you signed up until your subscription is terminated properly.
- You understand TransIT has the right to make changes to services and fees and at times we evaluate our services and fees, and subject to changes in the services and fees as required. In such event, you will be informed of the service changes or fee increases thru the website. Your services will be updated to reflect such changes and if any billing rate increase, then the new rate will be billed the effective following month.
- If we offer free trial you are not charged any fees for the trial period. After trial period if you continue to use the service you will be charged then current monthly subscription. Therefore, it is your responsibility to cancel the service prior to the end of the trial period. You must cancel in your Online account and in PayPal account the subscription if you decided to end the subscription at any time. Email or Phone cancellations will not unsubscribe you from the service.
- If you downgrade your service, you may lose data, features or capacity of your account. TransIT does not accept any liability for such loss.
- Our fees do not include taxes, levies, or duties imposed by taxing authorities and you will be responsible for the payment of all such taxes, levies, or duties.
- You understand and agree that as a trucker you are legally able to transport the shipments you bid through TransIT Freight located at freight.transittms.com.
- You understand and agree that it is your responsibility to comply with all rules, laws, statutes, and regulations including all licensing requirements.
- You understand and agree that by awarding and accepting freight you are getting into a legally binding contract.
- You understand and agree that the freights posted are totally owned by and or responsible of the shipper and TransIT has no control over the freight.
- You understand and agree that the TransIT only provides the tools necessary to make the freight transportation possible but such tools may or may not be sufficient in all scenarios.
- You understand and agree that Payments for freights are the responsibility of each party engaged in the transaction, and TransIT is not one of the parties.
- You understand and agree that freight deposits made by a shipper cannot be released by TransIT, and the only shipper can release it when a satisfied service is provided and uploaded proof of delivery (legitimately signed BOL, delivery confirmation, etc) by the provider/trucker.
- You understand and agree that posting of freight is free of charge but we may charge other fees, which may be displayed prior to processing the payment.
- You understand as a shipper your deposit cannot be withdrawn without mutual agreement between agreed parties for the concerned freight, and TransIT is not one of the parties.
- You understand any mutual agreement between parties must be communicated through an internal mechanism within the TransIT Freight system such as chat, messages, etc.
- You understand and agree that we need your bank account and a credit card on file in order to process your payment online and you give us full permission to do the credits and debits on each account.
- You understand and agree at anytime TransIT has the right to stop, modify, reorganize the service as it may deem fit with or without notice.
Cancellation and Terminations
You are solely responsible for properly canceling your account. A written or phone request to cancel your account is not considered cancellation. You can cancel your account at any time and for any reason by logging in to your account at transittms.com.
- Once canceled all of your data will be permanently deleted from the service 30 days after cancellation, and you will not be able to recover any of your information. If you wish to have records of the information stored you must either print, download, save/backup such data prior to termination.
- If you cancel the service in the middle of the paid month you will not be charged next month.
- TransIT, in its sole discretion, has the right to suspend or terminate any account and refuse any and all current or future use of the Service, or any other TransIT service, at any time and for any reason or no reason, including, but not limited to, by reason of your nonpayment of any amount when due. Such suspension or termination of the Service may result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all data in your Account.
- Add on service such as website are all required paid subscriptions. If you terminate subscription add on services also discontinue.
- It is your responsibility to update Expired Cards. In the event expired cards, we will terminate your account after 30 days.
Changes to services and Prices
- TransIT reserves the right and at any time and from time to time to modify or discontinue. temporarily or permanently, the service with or without notice
- Prices of the service including subscription plan fees to the service are subject to change. If any such changes occurs the new fee will updated on our website and your next monthly billing will reflect the change.
- TransIT will not be held liable to anyone in the event such as price modification, suspension, or discontinuance of the service.
- TransIT services are web oriented, and web technologies continuously evolve on a daily basis. We try our best to keep up to the evolution however we do not guarantee new features released will be free of bugs or will give any specific results.
- TransIT is compatible with latest versions of the browsers however it may not be compatible with all or may display slightly differently in different browsers.
Copyrighted Data and Ownership
All the content you posted to the site or services must be totally your own. Copyrighted materials of other people should not be posted to the site. Liability for anything you post is totally on you. However if any such claim appear from outside person or entity we may remove such content.
The Content, look, and feel of the TransIT service and websites are copyrighted © , TransIT TMS, All Rights Reserved. You should not duplicate, copy, distribute, public display, commercially exploit, scrape, data mine, use data gathering tools, reuse any portion of the service including the sources code, design elements, our service marks etc without express written permission from TransIT.
In any event, we find that you are using methods to exploit or copy such copyrighted materials from our services, TransIT at its sole discretion, limit access to the site and/or terminate their account.
You may suggest ideas to improve our service but giving such an idea does not entitle you any compensation. Please note that by giving such ideas to us you giving us full permission to incorporate such features without compensation or approval.
- You understand and agree that TransIT is only able to offer such pricing based on the Terms of Service and Refund Policy. The services would have been priced very higher if Terms of Service and Refund Policy did not contain exclusions and limitations.
- You understand and agree that TransIT offers service on as “AS IS” and “AS AVAILABLE” basis. You use TransIT at your sole risk. TransIT provides No warranty, expressed or implied, including but not limited to the implied warranties of merchantability, fitness for particular purpose, competent manner or non-infringement. Therefore, if you desire protection against business interruption or other risks of loss, you may need to purchase insurance from an insurance provider.
- Although TransIT may have features that can be used for transportation purpose by no means we warrant that it is adequate for any laws and regulation that federal, state DOT and other authorities legal requirements. Therefore, it is solely your responsibility to ensure you are adequately following all regulations and as such.
- TransIT provides technical support to paying account holders and is available thru chat, email and online forum. All support requests will be responded on a first-come, first served basis.
- You understand TransIT uses third party vendors to provide the necessary hardware, software, networking, storage, and related technology required to run the service and may not be able to solve all the technical issues immediately.
- You agree that you will not modify, adapt, hack, or reverse engineer, reproduce, duplicate, copy, sell, resell, or exploit any portion of the TransIT service without the express written permission from TransIT
- You agree you will not post any information unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or other objectionable or violate any party’s rights or this terms of service. Further, you agree TransIT has the right to remove any information from any site but have no obligation of such removal.
- You understand that verbal, physical, written or other abuse (including threats of abuse or retribution) of any TransIT customer, employee, member, or officer will result in immediate account termination.
- You understand that the technical processing and transmission of the Service, including your data, may be transferred unencrypted and involve (a) transmission over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
- You agree that you will not upload, host, or transmit unsolicited email, SMSs, or spam messages, worms, viruses, or any malicious codes. Further, if we determine your actions causing issues to our services we at TransIT reserves the right to shut down, cancel, terminate your account without notice or refund.
- Any linked sites we provided in our services are solely for the convenience to users. Such linked sites are not under our control and TransIT is not responsible and do not endorse any content on those sites provides. Your independent judgment is advised on this matter.
- YOU EXPRESSLY UNDERSTAND AND AGREE THAT NEITHER TRANSIT NOR ITS VENDORS SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF TRANSIT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR LOSS OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.
- YOU UNDERSTAND AND AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY AGAINST TRANSIT ARISING OUT OF YOUR ACCESS TO OR USE OF THE WEBSITE AND THE SERVICE, INCLUDING, WITHOUT LIMITATION, WITH RESPECT TO ANY BREACH, ACT OR OMISSION ON THE PART OF TRANSIT OR ITS VENDORS, SHALL BE YOUR RIGHT TO CANCEL THE SERVICE AT ANY TIME AND RECEIVE A REFUND IN ACCORDANCE WITH AND TO THE EXTENT PROVIDED BY THE REFUND POLICY.
- TransIT has the right to make public reference and use your name in promotional materials as required. Information TransIT collects is not shared or distributed to third parties or other companies. TransIT also has the right to promote our services through advertisements, links and or text boxes in the header and footer sections of all websites hosted on our server.
- You agree to indemnify and hold TransIT and its affiliates and vendors harmless from and against any and all claims, demands, suits, proceedings, liabilities, damages, costs,expenses, awards and losses, including reasonable attorneys fees, suffered or incurred by TransIT or any of its affiliates or vendors on account of any breach by you of any of the these Terms of Service or otherwise arising out of your use of the website or the Service.
- In the event any provision of these Terms of Service is held invalid, illegal or unenforceable, the remainder of the provisions of these Terms of Service will in no way be affected, impaired or invalidated, and to the extent permitted by applicable law, any such provision shall be restricted in applicability or reformed to the minimum extent required for such provision to be enforceable.