By using Auto Transport City marketplace you are liable to comply with all these terms and conditions. Please read and go through with all these conditions thoroughly.
With this agreement, you are complying to follow and adhere to all of these terms and conditions that include this agreement, ATC privacy and policies and all other policies that are available in/to ATC’s domain. ATC has the right to change its User Agreement without under any obligation to you or any other company, or any member(s) of the site. ATC will give notification to all its current users of the site with the date of effect of those changes either by posting on the ATC website or by email. All these said changes will either be effected on an immediate basis or by date of effect mentioned on the website or email.
You also comply to agree that we have the right to change the said agreement or terminate our services without any prior notice and accountability given to you. With accepting of these conditions You are hereby able to use the ATC’s site, its features, venue and its services.
ATC has the right to own each and every tangible and intangible material created and/or posted on its website but not limited to content, material, patents, logos, slogans, texts, images and texts and protected under the US and international copyrights law. Hereby, You acknowledge and accept the fact that you do not own and/or use of ATC’s intellectual property for your own personal/private or business use whatsoever. Your license of membership does not offer you the right to resell, duplicate, copy or exploit any ATC services and/or restricted to any data, description, information of shipment and/or prices you find on ATC. You are lawfully and contractually obligated to abide by these laws and conditions.
ATC is an impartial marketplace and provides a common ground where transporters and shipper meet and come to terms with the acquisition of transportation services for a fee. ATC does not provide or buy and have any sort of affiliations in providing transportation service to anyone nor a party in any contractual or written agreement. Therefore, ATC is not liable to any made agreements on our venue, and thus You are responsible for any sort of damages related to not limited to shipment, either its security, quantity, quality or any other legal factors of the contractual agreements. ATC does not promote and/or encourage and qualify the claims of any transporter service provider that includes but not limited to the feedback and reviews, the shipment listings and/or the ability to send and transport or list shipments of that particular transport service provider and/or Shipper. We are not liable to validate and/or accommodate, give assurance or provide any guarantee to you with the authenticity of the shipper’s and transport service provider’s profile and/or ability to the job right. Any commitment(s) by any means either by written, verbal and/or any contractual agreements between you and the shipper or vice versa, are solely between you two. ATC will not have a part on either of you other than providing a marketplace where you two can meet and enter into a contractual agreement, resulting in a transaction. You hereby accept and agree to all these terms and conditions.
What is ATC?
ATC registration is only allowed to those who are in a position to form a legally binding contract under the law. ATC does not provide registration to individuals aged under 18 unless they are under the supervision of parents or guardian, or to any individual whose account has been suspended either temporarily or permanently. ATC membership is not transferable and each member is allowed to use one account only and is not allowed share his/her username and password with anyone. Therefore, You are liable for the security of your user and password and in case of any misuse of your account, ATC will take no responsibility whatsoever.
You are liable to read and all terms, conditions, and charge of fees posted by transport service providers when placing a shipment order on ATC. When you enter and sign the contractual agreement with the transport service provider, you agree to all the terms, and conditions and charges of fees mentioned by transport service provider. Unless or until provided by the transport service provider, You hereby declare that the pick-up and delivery dates, transit time are all forecasts and estimates only. A transport service provider has the authority to inspect and scrutinize your shipment before undertaking it and may refuse to transport any such vehicle which is restricted by this contractual agreement and/or by law.
ATC does not promote, screen or validate transport service providers legitimacy, of either they are a legal entity, have compliance with federal, state or local laws and rules and regulations, including but not restricted to broker compliance with the Moving Ahead for Progress in the 21st Century Act (MAP-21). You are liable to confirm such compliance with the transport service provider directly when you hire or come into contractual agreement with the transport service providers for their services.
You are legally bound to undertake the task of transport the shipment(s) that You gain on our website. You adhere to abide by laws, rules, and regulations that may apply including but not limited to all local, state, and federal licensing requirements. You are responsible for maintaining and providing the quality and the extent of your services, prices and bids and conditions on shipments offer to the customer. ATC is not liable for the incorrect or bogus information given by the shipper and You are solely responsible for any misinformation provided by the shipper. This agreement legally binds you to accept and adhere to these terms and conditions.
Shippers and transport service providers are responsible to set and change prices, and the quotations and offerings that transport service providers provide to customers must be based on the information customers render. ATC is not liable to enforce changes. Information and shipment characteristics provided by the customer must be mentioned unequivocally and clearly, if there are any inaccurate characteristics and/or information provided by the shipper to the transport service providers, in case of but not restricted to discretion of government taxes, fines and penalties and/or legal costs applicable to shipments, equipment, and accessorial services required, all duties related to but not limited to customs; then transport service providers will provide a new and/or modified quotation to the customer. Shipper will be liable to pay the modified amount.
Setting and Changing Prices
There are two types of Payment Methods in making payments on ATC. Both of these methods are secure and with no hidden and/or extra cost whatsoever. It is entirely up to you which method of payment you want to use for making payments. However, there has not been any reliable and/or secure method of payments and/or electronic storage of sensitive information that provides 100% guarantee and safety and security. Hence, any errors or mishaps, mistakes, any financial losses or damages, incurred during and/or after the making of the payment in either of these methods, You will entirely be liable and responsible. ATC will not take any responsibility and/or culpability in any errors or mishaps incurred by You, resulting in financial losses or damages during making this payment. You are responsible to thoroughly check your invoice before making payment to the transporter.
a) ATC Payment System
In ATC payment system, we provide a safe and protected way to process your payment by using credit cards. For instance, Visa and/or Mastercard are used for the transaction of your ATC payment.
PayPal is a well-known mode of e-payment. It is widely used and the most trusted way to make payments throughout the world. By using PayPal, the payments can easily and instantly be transferred to another account.
There are no fees for a sign-up and to become our member, whether you are a shipper or a transport service provider.
There are no charges on the transport service provider for posting bids on our website. We only include ATC charges on the bid amount.
ATC will deduct its fees from the billed amount
The shipper will be charged with and liable to pay the billed amount that is inclusive of ATC fees if and when shipper accepts the transport service provider’s bid.
Both shipper and transport service provider is solely responsible to pay all fees that are made and/or incurred by your account, that includes but not limited to applicable taxes.
ATC has the right to change or waive the prices and/or the method of calculation on charges of fee at any time without any prior notice.
We also have reserved the right to temporarily change and/or suspend the fee for a promotional time period, if or any such promotions take place and will be mentioned on our website.
The structure of fees are defined in the table below,
||Calculation of the Transporter’s Transaction Fee
|0.00 to 1500
||14.99% of the amount will be charged.
|1501 to 1800
||9.99% of the outstanding amount will be charged, plus the rate of 14.99 % from 0-1500 will be charged
|1801 to 2000
||8.89% rate of the outstanding amount will be charged, plus the rate of 9.99 % from 1501 to 1800, plus the rate of 14.99% from 0-1500 will be charged
|2001 to 3000
||7.49% rate of the outstanding amount will be charged, plus the rate of 8.89 % from 1801-2000 will be charged, plus the rate of 9.99% from 1501-1800, plus the rate of 14.99% from 0-1500 will be charged.
|3001 to 5999
||3.49% rate of the outstanding amount will be charged, plus the rate of 7.49% from 2001-3000 value will be charged, plus the rate of 8.89 % from 1801-2000 will be charged, plus the rate of 9.99% from 1501-1800, plus the rate of 14.99% from 0-1500 amount will be charged.
|6000 to 7999
||3.49% rate of the outstanding amount will be charged, plus 3.49% rate from 3001-5999, plus the rate of 7.49% rate 2001-3000 will be charged, plus the rate of 8.89% from 1801-2000, plus the rate of 9.99% from 1501-1800, plus the rate of 14.99% from 0-1500 will be charged
|8000 to above
||2.99% rate of the outstanding amount will be charged, plus the rate of 3.49% from 6000-7999 will be charged, plus the rate of 3.49% from 3001-5999, plus rate of 7.49% from 2001-3000, plus the rate of 8.89% from 1801-2000, plus the rate of 9.99% from 1501-1800, plus the rate of 14.99% from 0-1500 will be charged.
b) Cancellation Policy
When either a transporter or a shipper wants to cancel their agreements on the basis for any reason(s) thereof. They are eligible to send a request for cancellation at any time before the shipment pick up process, the other party will be notified about the cancellation via email and have 72 hours to respond to the request of cancellation, unable to reply and/or respond within that period of time will result in automatic cancellation of the said agreement. If the shipment has been picked up, then You would have to contact our Member Support for further assistance. The canceled party is liable to give the reason for the cancellation. If the canceled party has agreed to take back and/or revert its decision, it has the right to do at any time within that 72 hours. When the cancellation process is completed, the shipper’s payment will be refunded without any penalties. However, the transporter has to bear the penalty as mentioned under the Penalty Table.
c) Penalty Policies of Cancellation
All Your cancellations will be based on cancellation quota occurred within the period of 12 months and cancellation policies will be applied according to the Penalty table.
||Match Fee Surcharge
|0 to 15
|15.01 to 25
|25.01 to 35
|35.01 to 50
||$500 penalty with 50% fee
|50.01 to 75
||$800 penalty with 70% fee
|75.01 to 100
||$1000 penalty with 90% fee and account will be under review by ATC.
By signing up to become our member, you intentionally and undoubtedly give permission to ATC to credit any amount that You owed to ATC. When using our venue for business activity and/or any transaction, You agree to the terms of conditions of ATC that you maintain and share a valid, credit card and/or bank account and bank balance with us. You also with full intentions allowed access to ATC to deny and seize any monies and/or debit any amount from any account that You subscribed to ATC for any fees, costs, deductions, chargebacks, adjustments and any other amount that you are liable to pay to ATC. We reserve the rights to take each and every action and countermeasures in order to retrieve any amount that you owed to ATC.
Permission to Debit and Credit Accounts
You are entirely accountable for the Information that You supply to us or other users or members of our website in either the registration, delivery, transportation process or any other use of our Services on our website.
The information provided by You must be true, legal, accurate and non-fraudulent.
You agree to give ATC full intended permission to use Your provided information in correspondence to this agreement and in connection with our services. We do not have any control or authority, over any communication, information and particularly, over the content of such information or communication.
We are not liable to make sure, control and/or monitor the legitimacy, reliability or correctness of such communication or information. Nevertheless, we do have the absolute authority to remove or limit any communication or information that You may post on our platform that is in sheer violation of this Agreement, illicit, vulgar, racist or threatening.
You are liable to legal accountability for all damages incurred as a result of any of your online communication or distribution of information on our platform.
Furthermore, You represent and warrant that any and all of your online communication, content and/or information.
Will not infringe any federal or state law, regulation, rule or statute;
Will not violate the terms and conditions of this Agreement;
Information You Provide
ATC has the right to remove or suspend your membership if suspected that You have engaged in prohibited activities in connection with our services. We have the right but not obligated to amend or delete any forbidden or malicious content that members post on our website. Other forbidden activities include not restricted to:
Asking members to pay off-site through mode of payment when they have already made payment on our website via PayPal and other payment systems,
Mentioning personal contact information. For instance but not restricted to phone numbers, email addresses or website addresses.
Using personal contact information, such as not limited to, phone numbers, email addresses or website addresses acquired from ATC to offer to deliver a listed shipment off-site or to offer a shipment for delivery off-site.
Requesting and/or enforcing to another ATC member to pay via instant cash transfer services (non-bank, point-to-point cash transfer such as Western Union or Moneygram);
Charging members for a higher price that includes taxes, service charges, any other fees than that which was agreed upon on ATC (provided that the shipment was as described and mentioned on ATC). The booked shipment price must include any and all charges, including any taxes, fees, etc, or;
Collecting or attempting to collect, an additional charge to the total agreed upon for the services, such as but not limited to ATC transaction fees, from other members.
Impersonating, or communicating with other members that You are to collect the ATC transaction fee.
We have the absolute authority to suspend, delete, or remove You from your current activity at any time and day, for any or no reason at all without giving any prior notice to You. We will not take any responsibility for losses that might incur to You from the removal of your membership. The reasons may include in the removal or suspension of your account but not restricted to abusive behavior, usage of multiple accounts or have relations with other accounts, poor performance on the platform (with massive cancellation and negative feedback and reviews, etc.), committing fraud or violating this User Agreement. ATC is not liable to give You justification for your removal or suspension and all decision made in cancellation of your membership either temporarily or permanent are absolutely final and remain unchanged.
Suspension or Removal of Members
When there is a transaction made between the shipper and transport service provider, each of You will be given a feedback for both of You to give each other. Feedback can be given in three ways, either, positive, neutral or negative, along with a short comment about the experience you receive during the process of the transaction. Feedback is awarded after the completion of delivery. You acknowledge that you will not use your ATC feedback on any other platform other than of ATC. Members are advised to be cautioned and be careful before you leave a feedback for another member because members could be held legally responsible for damages made to other member’s reputation and if a court were to find that the comments constitute libel or defamation. ATC is not legally obligated of the posted comments made by members, even if those remarks are defamatory. Under federal law (the Communications Decency Act), ATC does not redact feedback or inspect it for accuracy. Nevertheless, this law does not prevent the person who leaves such feedback from accountability for it.
a) Calculation of Feedback
Feedback is calculated on the basis of points when a member gives the other member with either +1 point for a positive, -1 point for a negative or 0 points for a neutral feedback.
Any dispute or grievances you have against us in relation to our services should be reported to ATC Member Support. We will strive to resolve and end any grievances you have against us. Since we are a neutral venue, we are not liable and responsible to associate ourselves for resolving any sort of dispute between You and the disputed party. Therefore, if we get in contact with a member who claims to have a dispute or a quarrel with you in relation to the transaction completed on ATC and they inquired about your contact information (including but not restricted to any of your phone numbers and/or addresses) in order to settle the dispute. You willingly already gave us permission to release any and all information about you that you provided on our website when registering. We will be not liable to any responsibility for disclosing any and all information. We recommend you to report all member-to-member disputes to law or other felonies to the designated law enforcement officials, or a verified mediation or arbitration entity. When it appropriate, we also recommend you to report disputes involving fraud, theft or any other felony to the designated law enforcement agencies.
The ATC services domain names or other evidence of ownership owned or licensed for use by ATC. Until or unless agreed to in an Addendum to this agreement, You acknowledge and agree that no right, property, license, permission or authorization, or interest of any kind in or is intended to be given or transferred to or acquired by You pursuant to the execution, performance or non-performance of this agreement or any part thereof. You shall in no way contest or deny the validity of, our right of title to or license of use and You shall not encourage or assist others directly or indirectly to do so, during the lifetime of this agreement and thereafter.. You may not use any meta tags or any other “hidden text” making use of ATC’s name and/or domain name without the express written consent of ATC. You shall not use or register any domain name that is identical to or similar to any of the domain name of ATC.
Domain Name Protection.
Our website is not a marketplace for services to ship any other goods and/or anything other than vehicles, unless or until the rules and regulations might change and/or modified. ATC reserves the right to change its Restricted and Prohibited Items’ policy and/or any other policies and terms and conditions that may relate to our marketplace.
Restricted and Prohibited Items
You hereby declare and acknowledge that your execution of this Agreement, your provision of services and/or your use of the ATC services, does not confer, allow or imply any contractor (independent or otherwise), agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship with us and furthermore that no association, affiliation, connection or any sort of relation exists between You and ATC.
If you have any disputes with anyone or each and every ATC members, You hereby release and exonerate ATC, Inc., its officers, directors, employees and agents from all claims, demands, damages (actual, consequential, collateral) of any kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, predicted or unpredicted, arising out of or in any way connected with such disputes.
During the course of your Membership and whether by intentional or unintentional or omission, we may disclose to you or, or you may otherwise learn of or discover, our documents, business practices, object code, source code, management styles, day-to-day business operations, capabilities, systems, current and future strategies, marketing information, financial information, software, technologies, processes, procedures, methods and applications, or other factor and aspects of our business. You acknowledge and hereby declare that any and all of the information is confidential, clandestine and will be our sole and reserved intellectual property. Any disclosure of our information to a third party (particularly including a direct competitor) is strictly forbidden and if breached, You will be held accountable by law.
You are solely liable to any and all taxes, levies, charges, and fees incurred or that may be payable to any taxing authority in connection with the transactions hereunder, other than any income tax incurred by ATC. All fees state for the use of our venue are net and exclusive of any and all applicable taxes.
We have the authority to keep the records of any and all transactions and communications between You and other ATC members for administration purposes in compliance with all applicable laws and rules and regulations.
During the term of this Agreement and being our member, You will not solicit to hire nor hire our employees with whom You acknowledge of through the performance of the Agreement. Furthermore, You shall not otherwise interfere with any other business relationships of ATC including but not restricted to those with other ATC members. Specifically, You shall not intentionally, non-intentionally, directly or indirectly, solicit or attempt to solicit, divert, and/or send marketing content to any ATC member in which you initially established a relationship through ATC.
In case of violation of this agreement, our remedies include but not restricted to, the immediate removal of your shipment(s), offers, bids and/or profile, notifying our members of your actions, issuing you with a warning, suspending your account temporarily, permanently removal of your account, and boycotting to provide our services to you.
You hereby accept and acknowledge that ATC can not give full guarantee of the non-stop operation of or access to our websites and services. You have also accepted and acknowledged that our operations and access to our websites and services may be interrupted or interfered with as a result of technical difficulties or several others factors that are outside of our control or authority. You acknowledge that You are utilizing our websites and services at your own risk and You acknowledge that ATC will not be accountable, for any losses or damages including but not limited to, loss of money, goodwill or reputation, profits, or any other intangible losses or any special, indirect, or consequential losses resulting indirectly from, viruses other malicious software obtained from accessing our services, including not to limited to bugs, errors, glitches, or any kind of inaccuracies that include information and graphics obtained from or in our services. You also acknowledge that according to the extent permitted by applicable law, we exclude all express or implied warranties, terms and conditions including, but not restricted to, implied warranties of merchantability, warranties of title, fitness for a particular purpose. In addition, to the extent permitted by applicable law, we are not liable, and You acknowledge not to hold ATC responsible.
Restricted Liability and No Warranty
You hereby agree to indemnify and not to hold ATC and our officers, directors, agents, and employees responsible for any damages, claim or demand, including reasonable attorney’s fees, made by any ATC member due to or arising out of your negligence and/or ignorance, breach of this agreement or violation of any law or the right of ATC member.
You hereby abide by all applicable domestic laws, statutes, ordinances, and regulations regarding your use of the ATC service and listing, bidding, shipping, transporting and solicitation of offers to ship and transport vehicles.
ATC applies standard industry practices on its domain to protect your personal information, that includes firewalls and Secure Socket Layers or SSL in short. However, ATC does not provide the guarantee the security of our system. We also can not guarantee the uninterrupted or secure access to our system, as there are several factors that can jeopardize or interrupt the security of our services that are beyond our control
THIS AGREEMENT AND THE USE OF THE SERVICES SHALL BE GOVERNED BY THE LAWS OF THE STATE OF WYOMING.
You agree and acknowledge that ATC has the sole discretion and authority to change, modify and set forth and post additional terms and conditions for your use of the ATC services at various places throughout all of the ATC’s services. You agree and accept those additional terms and conditions to be considered an effective amendment to this Agreement and said terms and conditions shall be incorporated herein. Furthermore, You expressly agree that if there is any conflict between those of additional terms and conditions and the specific terms and conditions set forth herein, You accept that the terms and conditions set forth in those additional terms shall be applicable and governed.
Other Terms and Conditions
This Agreement may not be changed, modified, supplemented, qualified, or interpreted by any trade usage or prior course of dealing not made a part of the Agreement by its express terms. The disqualification or unenforceability of any such provision of this Agreement shall not affect the validity of the Agreement as a whole and any such provision should be enforced by authorities and reconstructed if need be, to apply to the maximum extent allowable under applicable law. The failure by either party to enforce at any time any of the provisions of this Agreement, to exercise any election or option provided herein, or to require at any time the performance of the other of any of the provisions herein will not in any way be construed as a waiver of such provisions. The prevailing party shall be awarded to the recovery of reasonable attorney’s fees and costs in the event of legal action taken that involves the enforcement or interpretation of this Agreement. The section headings used herein are for convenience only and shall not be given any legal import.