1. Acceptance of terms
These Terms of Service ("Terms") apply to your use of haulwisedispatch.com and the dispatch services provided by Haulwise Dispatch ("we", "us", "our"). By using our website or services, you agree to these Terms. If you do not agree, do not use the website or services.
If you sign a dispatch agreement with us, that agreement also applies. If the dispatch agreement and these Terms conflict, the dispatch agreement controls.
2. Who we are
Haulwise Dispatch is an independent truck dispatch service. We are not a freight broker and we are not a motor carrier.
We do not arrange freight on behalf of shippers, take possession of freight, or haul freight. You operate under your own operating authority, contract directly with brokers and shippers, and are paid directly by them.
3. Description of services
We act on your behalf as your dispatcher. Our services may include:
- Searching for loads that fit your truck, lanes and schedule
- Negotiating rates with brokers
- Completing broker carrier packets and setup
- Handling rate confirmations, bills of lading, proof of delivery and other paperwork
- Check calls and updates to brokers
- Following up on detention and lumper payments
You approve every load before it is booked. We do not guarantee any number of loads, rates or earnings.
4. Eligibility
Our services are only for authorized motor carriers and owner-operators. To use our services, you must:
- Be at least 18 years old
- Hold active operating authority (such as an MC number and USDOT number) or operate under a carrier that does
- Keep the insurance required by law and by the brokers you haul for
- Have the legal right to enter into a dispatch agreement
5. Your responsibilities
- Give us accurate and current information and documents, and tell us promptly when anything changes
- Keep your authority, insurance, registrations and permits active and in good standing
- Follow all laws and regulations that apply to you, including hours-of-service, safety and weight rules
- Decide whether to accept each load, and haul accepted loads as agreed with the broker
- Operate your truck safely and make your own decisions about driving, routes and rest
- Pay our fees on time as set out in your dispatch agreement
6. Fees
Our fee is a percentage of the gross load rate on loads we book and you haul, as set out in your dispatch agreement. The fee, how it is calculated and when it is due are described in that agreement.
7. Text messages
If you agree to receive text messages from us, we send messages about load assignments and dispatch coordination, pickup and delivery updates, account and billing notices, and customer support replies. We do not send marketing or promotional messages.
Message frequency varies based on your load activity. Message and data rates may apply. Reply STOP to cancel at any time. Reply HELP for help. Carriers are not liable for delayed or undelivered messages. Agreeing to receive text messages is not a condition of using our services.
Full details are in our SMS Terms.
8. Disclaimer of warranties
Our website and services are provided "as is" and "as available". To the fullest extent allowed by law, we make no warranties of any kind, express or implied, including warranties of merchantability, fitness for a particular purpose and non-infringement. We do not guarantee that loads will be available, that brokers or shippers will perform, or that you will earn any particular amount.
9. Limitation of liability
To the fullest extent allowed by law, Haulwise Dispatch is not liable for any indirect, incidental, special, consequential or punitive damages, or for lost profits, lost revenue or lost loads, arising from your use of our website or services.
We are not responsible for the actions or failures of brokers, shippers, receivers or other third parties, including non-payment, cargo loss or damage, or delays. Our total liability for any claim relating to our services is limited to the dispatch fees you paid us in the 3 months before the claim arose.
10. Indemnification
You agree to defend, indemnify and hold harmless Haulwise Dispatch and its owners, employees and contractors from any claims, losses, damages, fines and costs, including reasonable legal fees, arising from your operation of your truck or business, the freight you haul, your breach of these Terms or your dispatch agreement, or your violation of any law.
11. Changes to these terms
We may update these Terms from time to time. When we do, we will change the "Last updated" date at the top of this page. If you keep using our website or services after an update, you accept the updated Terms.
12. Governing law
These Terms are governed by the laws of the State of [GOVERNING STATE], without regard to its conflict of law rules.
13. Privacy
Our Privacy Policy explains how we collect and use your information.
14. Contact information
Haulwise Dispatch1001 S Main Street Ste 500, Kalispell, MT 59901, USA
info@haulwisedispatch.com