In consideration for any refund given to the CLIENT by COMPANY, the PreviousCLIENT agrees to the following:
1. CLIENTagrees that prior to hiring COMPANY, it had submitted the United States Department of Transportation Federal Motor Carrier SafetyAdministration Applicant’s Oath (hereafter referred to as the FMCSA “Oath”). Which CLIENT signed and submitted to United States Department of Transportation Federal Motor Carrier SafetyAdministration
1b. CLIENT understands That by processing and requesting a refund from COMPANY, they are in violation of the FMCSA Applicant’s Oath and are choosing to continue operations regardless.
2. CLIENT acknowledges that after they request a refund, any chargeback or bank dispute filed against COMPANY will be sent to a third-party collection agency. And any additional merchant fees occurred by COMPANY will be added to any chargeback amount.
3. CLIENT understands that the COMPANY’S 30-day Return Policy is only applicable if there was no state or government fees. If there was, the 30day Refund is inapplicable for any state or government fees.
4. CLIENT agrees that COMPANY is not liable for any services COMPANY completed on CLIENT’S behalf. Specifically, CLIENT agrees to HOLD HARMLESS, WAIVE, INDEMNIFY, AND RELEASE the company Purcell Compliance ServicesLLC, Alex Purcell, or any of its officers, agents, employees, organizers, representatives, and successors from any responsibility, liabilities, demands, or claims of any kind involving any work provided to or on behalf of CLIENT by COMPANY.
5. CLIENT agrees and acknowledges that it will normally take between 3-10 business days, depending upon their banking institution, for a refund to be fully processed and re-credited to their account.
6. CLIENT also agrees that during this 3-10 business day waiting period not to file any type of dispute or chargeback with their banking or financial institution.
7. CLIENT acknowledges that although the waiting period is normally 3-10 business days, COMPANY cannot guarantee that the refund will be processed within the normal timeframe.
8. CLIENT agrees not to leave any false or defamatory reviews on COMPANYS' google page or any of the company's social media pages. In the event CLIENT does leave any false or defamatory reviews about COMPANY, CLIENT also agrees to automatically pay COMPANY a sum of $10,000.00 (USD) and any additional attorney or court fees occurred by default.
9. If a chargeback is filed by CLIENT or any of its employees or authorized cardholders that will void the refund process. Purcell Compliance Services will send any amount disputed or charged back to a third-party collection company. CLIENT also agrees that if deemed necessaryPurcell will seek civil suit in which CLIENT will be fully liable. CLIENT agrees after (1) one year after this agreement is executed any chargebacks filed by CLIENT will automatically allow COMPANY to pursue CLIENT through collections any civil suits for any remaining monies still owed including any associated attorney, court fees, or extra merchant fees by COMPANY.
10. CLIENT will declare and acknowledge that COMPANY will not continue to handle or complete any state and federal DOT Compliance filings and records on their behalf.CLIENT acknowledges any DOT or DMV violations that occurred after this agreement is executed are the full responsibility of CLIENT to pay and handle.
11. CLIENT agrees and acknowledges that COMPANY is a privately owned company that is PCI Compliant and does not save or store any card information once this agreement has been executed by CLIENT.
13. CLIENT agrees that the refunded amount attached to this document is correct upon CLIENT’S signature and that any legal relationship between COMPANY and CLIENT is extinguished.
14. CLIENT acknowledges that their bank may be contacted by the State of COMPANY to verify any financial transactions regarding the refund.
15. Once a refund has been requested and completed, CLIENT understands that they shall be added to COMPANY’S “Terminated Client list” and shall be prohibited from using any of its services, or any of its partners, present and in the future unless otherwise authorized by COMPANY ownership.
II. GENERAL PROVISIONS
1. Injunctive Relief and Agreed Payment for Breach. A breach of this Agreement by CLIENT may cause irreparable and continuing damage to COMPANY for which money damages are insufficient, and COMPANY may be entitled to injunctive relief and/or a decree for specific performance, and such other relief as may be proper (including money damages) as deemed just by the Court or Arbitrator. In addition to the COMPANY being able to seek money damages from the Arbitrator or Court for any such breach of contract, by mutual agreement of both parties, CLIENT also agrees to automatically pay COMPANY a sum of $100,000.00 (USD) by default.
2. Jurisdiction and Attorney Fees. Both parties irrevocably agree that this Agreement shall be governed in all respects by the laws governed by and construed in accordance with the laws of Idaho even though CLIENT may be based outside that jurisdiction. If a proceeding is commenced to resolve any dispute that arises between the parties with respect to the matters covered by this Agreement, the prevailing party in such proceeding shall be entitled to receive its reasonable attorneys’ fees, expert witness fees, and out of pocket costs incurred in connection with such proceeding, in addition to any other relief to which such prevailing party may be entitled.
3. Severability. If an Arbitrator or Court finds any provision of this Agreement invalid or unenforceable, the remainder of this Agreement shall be interpreted so as to best effect the intent of the parties.
4. Integration. This Agreement expresses the complete understanding of the parties with respect to the subject matter and supersedes all prior proposals, agreements, representations, and understandings. This Agreement may not be amended except in a writing signed by both parties.
5. Waiver. The failure to exercise any right provided in this Agreement shall not be a waiver of prior or subsequent rights. This Agreement and each party's obligations shall be binding on the representatives, agents, assigns, and successors of such party. Each party has signed this Agreement through its authorized representative who is given the power to make binding contractual decisions on the party's behalf.
6. Each party fully understands the terms of this Agreement, does so voluntarily, are over eighteen years of age, understands that they have the right to seek independent counsel, and are mentally competent to enter into this agreement.
7. The parties recognize that they may be physically located apart from each other and that signing this agreement face-to-face may be difficult. Accordingly, the parties agree that the signatures may be obtained by fax, mail, or electronic means. Doing so will not deter the validity or enforceability of the contract.