This Refund Agreement (hereafter known as the "Agreement") is entered into by and between Purcell Compliance Services LLC located at 3597 E Monarch Sky Ln Ste F-240 Meridian, ID 83642and any of its officers or agents, including the owner, Alexander Purcell (all collectively hereafter known as the "COMPANY") and its client {clientName} located at {address} (hereafter known as the "Client").

 

I. AGREEMENT

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.

12. CLIENT agrees and acknowledges that COMPANY adheres to its privacy policy and will not share any of CLIENT’S information unless otherwise requested by State or Federal officers/agents.

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.

 

Please complete and submit this cancellation form to initiate the cancellation process for your subscription with Purcell Compliance Services LLC. According to FMCSA regulations (49 CFR Part 382) and the terms of our Fleet Subscription and Drug and Alcohol Program, a 30-day notice is required for cancellation. This notice period allows us to properly manage the transition and ensure compliance with the necessary drug and alcohol testing requirements.

 

Upon submission of this form, we will promptly update the Clearinghouse records and discharge you from Purcell Compliance Services LLC as your Consortium/Third-Party Administrator (C/TPA).

 

 

It is important to note that switching consortiums during a randoms quarter requires strict adherence to the FMCSA regulations and Clearinghouse mandate.

I acknowledge, by signing this form, that if Purcell Compliance Services LLC has provided assistance to pass any type of DOT audit for my company within the last 6 months, I understand that the removal from the consortium must be reported to the appropriate authorities to maintain compliance with regulatory requirements.

 

I further acknowledge that a new consortium certificate must be obtained and uploaded to this form or emailed within 30 days to randoms@purcellcompliance.com after requesting removal from the consortium. This communication could be by text, email, or phone. This is to ensure continued compliance after any type of DOT AUDIT or Investigation. 

 

Consultation Disclaimer:
By signing this form, I understand the importance of seeking legal advice and consulting with professionals to ensure compliance with applicable regulations during the removal process.

 

Retention of Records:
By signing this form, I understand that I am responsible for retaining records related to my Company registered under the USDOT on this form and all CDL drivers' participation in the consortium as required by DOT regulations for the designated period.

Release of Liability:
By signing this form, I release Purcell Compliance Services LLC and its members from any liability, claims, or damages arising from my Company operating under the USDOT number on this form and all CDL drivers' participation or removal from the consortium.

 CANCELLATION TIMELINE AND PROCESS•

If the Consortium agreement is canceled, the Company is required to provide a New Randoms Enrollment from the new Consortium within 30 days.

If a driver from your company has been selected for random drug testing during the cancellation quarter and your DER has been notified, your company will be removed from the consortium after the CDL driver(s) successfully completes the randomly selected drug test.

The 30-day timeframe commences from the date we send you the cancellation form.

Billing will cease 30 days after we have received the signed form. 

Effective immediately upon the date we send you the cancellation form, we will proceed with the removal of your company ( the client's company) as our Certified Third-Party Administrator (CTPA) from the Clearinghouse website.

If we do not receive proof of the transfer of consortium for the Client within 30 days, we are obligated to report the company and driver to the FMCSA to protect the integrity of our consortium.

Thank you for your cooperation in maintaining compliance with the FMCSA regulations.

 

I confirm that all the information provided is accurate and complete to the best of my knowledge.

In the event that the Client is unable to provide proof of Consortium Enrollment at the time of signing the cancellation agreement, the Client shall have the option to submit the required documentation to randoms@purcellcompliance.com within 30 days after the date of signing the cancellation agreement.

Purcell Compliance Services LLC shall acknowledge receipt of the proof of Consortium Enrollment and consider it as a valid submission for compliance purposes.