Toll. Bypass Service Application

Transcription

1 Toll Bypass 2016 Service Application

2 Bestpass Service Application Introduction Thank you for your interest in Bestpass. To get started please read the following information very carefully. Prepaid Tolls!! All tolls incurred on a monthly basis are prepaid and are processed each day with the toll amount deducted from the balance on your account. Your prepaid account may be funded by ACH direct debit, credit card, or if prefer to wire the funds directly to Bestpass. Please see the form included in this application to select the funding method you prefer.!! Unless otherwise worked out with a Bestpass representative, your prepayment generally equals one month average toll usage and you must maintain a positive balance with Bestpass all times. When the balance of the account falls below a preset threshold (typically 50% of your average monthly toll usage) you will be notified via , fax, or mail to replenish the account to the required prepaid level. Failure to replenish your account when requested will result in loss of discount and potential deactivation of your transponders. Toll Service Area Mail To: Bestpass New Application 500 New Karner Road Albany, NY Fax To: To: sales@bestpass.com IF YOU HAVE ANY QUESTIONS, PLEASE CONTACT US: CALL: sales@bestpass.com VISIT: Page 2 BP

3 New Account Worksheet Use the worksheet below to determine the deposit amount required to open your Bestpass account. Part 1 Transponders Number of Vehicles Needing Toll Coverage: " $350 for 1 st Vehicle Bestpass Service Application $150 for each additional vehicle thereafter: x $150 Total: This may be used to determine your required deposit amount if this amount is greater than the amount in Part 2. Part 2 Toll Usage All E-ZPass States, FL, KS, TX, CO, WA, CA ( BATA Only) *Expected Total Monthly Toll (Minimum $350): $ # Part 3 Calculated Minimum Toll Deposit Toll Usage Deposit (Enter the greater of # or $ above): Part 4 Toll Coverage Needed % E-ZPass States %Horizon: FL, KS, & TX %Plate-Read States: CO, WA, CA (BATA Only) %All of the above Part 5 Weigh Station Bypass % National weigh station bypass compatible transponder PLEASE NOTE: Our Bestpass transponder is compatible with all transponder-based bypass solutions. Bestpass is able to register and manage weigh station bypass accounts with NORPASS and/or NCPass. You will need to contact all other weigh station bypass providers to register your Bestpass device(s) with their service. % $2.75 per truck per month the first year for Bestpass clients; $5.00 thereafter % No cost to Bestpass clients Expected Monthly Bypass Fees: (Add applicable fees from boxes above) Part 6 Initial Prefund Amount One-Time Account Activation Fee: Initial Toll Usage Prepayment: (!): Expected Monthly Bypass Fees: ("):! " & ' # $0.00 $50.00 Add &,', and # together: This is the initial amount you will need to pay to open your account: Note: All payment methods that are not Check, Direct Debit, or Wire Transfer are subject to a 2.4% Payment Handling Fee. * If the amount on line $ is greater than $5,000 please call and talk with a Bestpass sales consultant before applying for service, P Page 3

4 Company Information Bestpass Service Application Company Name: Federal Tax ID: DOT Number: IRP Number: IRP Expiration (mm/yyyy): / IFTA Number: I Haul Hazardous Cargo (No (Dedicated (Occasionally If yes, select all that apply: %Hazardous Materials %Hazardous Waste %Fuel Tanker Leased To Information (leave blank if not applicable) Lease to Company: Contact Name: Contact Phone/ Billing Information Contact Name (Mr., Mrs., Ms.): Address: City: State: Zip: Phone: ( ) Fax: ( ) Shipping Information %Same as Above Contact Name: Address: City: State: Zip: Phone: ( ) Fax: ( ) Invoice Delivery Options I would like to receive my invoices by (Please check one method): ( ( Fax ( Paper, first class mail (5$ fee for paper invoices) How did you hear about us? ( State Trucking Association (State: ) ( Web Search (Google, Bing, Yahoo ) ( Truckers B2B ( NCPass ( NORPASS ( Fellow Trucker (Name: ) ( Ad (Web Site/Publication: ) ( Other: Signature (Must be completed) I certify that I am authorized to bind the owner operator, company or corporation in whose name this application is made. I have read and reviewed the information on all pages of this application including the Terms & Conditions. I indicate my acceptance and consent to the terms and conditions of this application and agreement printed with the application. Signature: X Date: Print Name: Title: Page 4 BP

5 Method of Payment Please select the method of payment you would like to utilize to pay your toll usage. Check Replenishment Bestpass Service Application You will need to include a check for the amount of prepayment dollars calculated from total box in red of the worksheet on page three (3) of this application. Direct Debit (ACH) I hereby authorize Bestpass to initiate debits and to initiate, if necessary, credits and adjustments to the account indicated below and the depository named below. Bank Name (Depository): Branch: Routing#: Account#: *Please attach a voided check. Credit Card Authorization (2.4% on all payment methods that are not Check, Bank Direct Debit or Wire Transfer) Charge My: ( ( Name on Card: Expiration Date: Account Number: CVV Code: Authorization By signing below, I authorize Bestpass, Inc. to charge the account(s) specified above for toll usage, bypass fees and any applicable charges. Company: Name: Title: Signature: This authority is to remain in full force and effect until Bestpass has received written notification from Company of its termination or change in such time and in such manner as to afford Bestpass a reasonable opportunity to act on it. By signing this authorization, I further signify that I have authority to bind, and act on behalf of, Company. Date: P Page 5

6 Bestpass Service Application Vehicles Please enter information for all vehicles below. The Vehicle Reference code is not the unit number on the vehicle. Codes are found in the VRC Chart available in this application or at and describe the type of vehicle, as it most commonly travels (e.g., 727 is the appropriate Vehicle Reference Code for a Tag to be used on a 3 axle tractor that commonly hauls a 2 axle trailer that is up to 48' long). If you are just registering a vehicle as a secondary user of a tag, please do not check a tag choice. NOTE: If signing up for bypass service make sure to include a copy of the CAB card for each vehicle. If you are signing up for NCPass, North Carolina requires a photograph of the right side of each vehicle. A picture is required for each unique make and model of vehicle in your fleet. Unit Number VEHICLE INFORMATION VIN State License Plate Number (Please Print Clearly) License Expiration (mm/yy) Vehicle Year Make (e.g. Peterbilt) VRC (see above) Windshield TAG CHOICES¹ Waterproof Windshield Roof Mount/ License Plate FUSION 2 (Toll & Weigh Station) ¹ TAG CHOICES: Check (x) the box to order a Tag for the vehicle; leave blank if only registering it as a secondary vehicle. 2 Requires NCPass and/or NORPASS service activation. Applicable fees apply. Questions? Call for assistance. Important!! Interior tags for buses are only available in the waterproof style.!! This RECORD must be submitted. If you would like to submit an electronic listing of vehicles, please call for instructions.!! Photocopy and attach additional sheets if required. Page 6 BP

7 Bestpass Service Application Vehicles Reference Codes For each vehicle being registered for E-ZPass through Bestpass, enter the Vehicle Reference Code (VRC) provided below on the TAG ORDER/VEHICLE IDENTIFICATION SHEET. The unit number on the vehicle is not the Vehicle Reference Code. See other important information in the NOTEST below. TRUCK Ref. # 2 axles, 4 tires (up to 7,000 lbs.) axles, 4 tires (over 7,000 lbs.) axles, 6 tires (up to 7,000 lbs.) axles, 6 tires (over 7,000 lbs.) axles, 6 tires (up to 7,000 lbs.) axles, 6 tires (over 7,000 lbs.) axles, 8 or more tires (up to 7,000 lbs.) axles, 8 or more tires (over 7,000 lbs.) axles, 8 tires (up to 7,000 lbs.) axles, 8 tires (over 7,000 lbs.) axles, 10 or more tires (up to 7,000 lbs.) axles, 10 or more tires (over 7,000 lbs.) axles, 10 tires (up to 7,000 lbs.) axles, 10 tires (over 7,000 lbs.) axles, 12 or more tires (up to 7,000 lbs.) axles, 12 or more tires (over 7,000 lbs.) axles, 12 tires (up to 7,000 lbs.) axles, 12 tires (over 7,000 lbs.) axles, 14 or more tires (up to 7,000 lbs.) axles, 14 or more tires (over 7,000 lbs.) axles, 14 tires (up to 7,000 lbs.) axles, 14 tires (over 7,000 lbs.) axles, 16 or more tires (up to 7,000 lbs.) axles, 16 or more tires (over 7,000 lbs.) 543 AUTO TRANSPORTER* Ref. # 3 axle combination < 65' axle combination < 65' axle combination < 65' axle combination < 65' axle combination < 65' axle combination > 65' axle combination > 65' axle combination > 65' axle combination > 65' 671 * All vehicles in this type are classified as having dual rear wheels and a Gross Vehicle Weight (GVW) greater than 7,000 lbs. AUTOMOTIVE/SUV 1 Ref. # 2 axles, 4 tires (up to 7,000 lbs.) axles, 6 tires (up to 7,000 lbs.) axles, 8 tires (up to 7,000 lbs.) axles, 10 tires (up to 7,000 lbs.) 084 MINIBUS/TEAM VAN/STRECH LIMOS Ref. # (SEATING PASSENGERS) 2 axles, 4 tires (up to 7,000 lbs.) axles, 4 tires (over 7,000 lbs.) axles, 6 tires (up to 7,000 lbs.) axles, 6 tires (over 7,000 lbs.) axles, 6 tires (up to 7,000 lbs.) axles, 6 tires (over 7,000 lbs.) axles, 8 or 10 tires (up to 7,000 lbs.) axles, 8 or 10 tires (over 7,000 lbs.) 335 PASSENGER VAN (SEATING 1-9 PASSENGERS) Ref. # 2 axles, 4 tires (up to 7,000 lbs.) axles, 4 tires (over 7,000 lbs.) axles, 6 tires (up to 7,000 lbs.) axles, 6 tires (over 7,000 lbs.) axles, 6 tires (up to 7,000 lbs.) axles, 6 tires (over 7,000 lbs.) axles, 8 or 10 tires (up to 7,000 lbs.) axles, 8 or 10 tires (over 7,000 lbs.) This type also includes taxis, ambulances, hearses and limos seating less than 10 passengers. 2 Interior tags for buses are also available in the waterproof style. TRACTOR TRAILER COMBINATION Ref. # 3 axle combination 48' axle combination axle combination 48' axle combination 48' axle combination 48' axle combination > 48' but axle combination > 48' but axle combination > 48' but axle combination > 48' but axle combination > 48' but TRACTOR/MOBILE HOME COMBINAT ON Ref. # 3 axle combination axle combination axle combination axle combination 1115 axle combination axle combination axle combination axle combination 1131 TANDEM TRAILER COMBINATION* (TRACTOR WITH 2 TRAILERS) Ref. # 5 axle combination, 2 trailers ea. < 28.5' axle combination, 2 trailers ea. < 28.5' axle combination, 2 trailers ea. < 28.5' axle combination, 2 trailers ea. < 28.5' axle combination, 2 trailers ea. < 28.5' axle combination, 2 trailers ea. < 28.5' axle combination, 1 trailer < 28.5', Other > 28.5' axle combination, 1 trailer < 28.5', Other > 28.5' axle combination, 1 trailer < 28.5', Other > 28.5' axle combination, 1 trailer < 28.5', Other > 28.5' axle combination, 1 trailer < 28.5', Other > 28.5' axle combination, 1 trailer < 28.5', Other >28.5' axle combination, 2 trailers ea. > 28.5' axle combination, 2 trailers ea. > 28.5' axle combination, 2 trailers ea. > 28.5' axle combination, 2 trailers ea. > 28.5' axle combination, 2 trailers ea. > 28.5' axle combination, 2 trailers ea. > 28.5' 939 BUSES 2 (SEATING 16+ PASSENGERS) Ref. # 2 axles, 4 tires (up to 7,000 lbs.) axles, 4 tires (over 7,000 lbs.) axles, 6 tires (up to 7,000 lbs.) axles, 6 tires (over 7,000 lbs.) axles, 6 tires (up to 7,000 lbs.) axles, 6 tires (over 7,000 lbs.) axles, 8 or 10 tires (up to 7,000 lbs.) axles, 8 or 10 tires (over 7,000 lbs.) axles, 8 tires (up to 7,000 lbs.) axles, 8 tires (over 7,000 lbs.) axles, 10 or more tires (up to 7,000 lbs.) axles, 10 or more tires (over 7,000 lbs.) 403 PICK-UP TRUCK Ref. # 2 axles, 4 tires (up to 7,000 lbs.) axles, 4 tires (over 7,000 lbs.) axles, 6 tires (up to 7,000 lbs.) axles, 6 tires (over 7,000 lbs.) axles, 6 tires (up to 7,000 lbs.) axles, 6 tires (over 7,000 lbs.) axles, 8 or more tires (up to 7,000 lbs.) axles, 8 or more tires (over 7,000 lbs.) axles, 8 tires (up to 7,000 lbs.) axles, 8 tires (over 7,000 lbs.) axles, 10 or more tires (up to 7,000 lbs.) axles, 10 or more tires (over 7,000 lbs.) axles, 10 tires (up to 7,000 lbs.) axles, 10 tires (over 7,000 lbs.) axles, 12 or more tires (up to 7,000 lbs.) axles, 12 or more tires (over 7,000 lbs.) 215 P Page 7

8 Terms & Conditions Bestpass Service Application These terms and conditions, together with any referenced Addendums and your Bestpass application constitute your Customer Service Agreement with Bestpass ("Agreement"). (Company) is referred to as "you" or "your" in this Agreement. Please read these terms and conditions and keep a copy for your records. By signing this agreement or using your Bestpass furnished transponder, you agree as follows: GENERAL a) Failure to comply with this Agreement may result in termination of your Account and/or penalties as provided by law. b) You may not assign the obligations or benefits of this Agreement. c) Failure to comply with all applicable traffic laws, regulations, signs, signals, and directions of toll collectors and law enforcement officers may result in termination of your Account and/or penalties as provided by law. TRANSPONDER USE a) You may only use the Transponder on the vehicle(s) specifically registered and listed with Bestpass. b) By using the Transponder or incurring toll based on your license plate, you authorize Bestpass to debit your Account for all charges and tolls incurred, including charges by qualified Third Party Service Providers (TPSP) as detailed in this Agreement. c) By using the Transponder, you are subject to the laws and regulations governing such use. d) You must maintain a sufficient balance in your Account, and may not permit Transponder use unless a sufficient balance is maintained. e) All Transponders furnished to you by Bestpass are loaned to you for use according to these Terms and Conditions. While in use by you, Transponders remain the property of Bestpass, the NYS Thruway or a third-party entity. Transponders must be surrendered immediately upon proper request. You agree to be responsible for and to pay all costs and fees associated with the replacement or repair of Transponders damaged in the course of your use. You also agree to reimburse Bestpass fully for any and all costs or fees incurred by or assessed against Bestpass by third-parties for the replacement or repair of Transponders damaged in the course of your use. f) Failure to utilize the Transponders in the manner outlined in this Agreement, by E-ZPass or any other third party provider or failure to abide by the payment/reimbursement terms for damaged Transponders may result in termination of your Account. YOUR ACCOUNT a) You must maintain a prepaid amount in your Account to cover applicable charges to your Account. Applicable charges, if any, will be deducted from your Account each time the Transponder is used or toll is identified by license plate. Bestpass will also deduct from your Account applicable administrative fees and any other fees incurred pursuant to this Agreement. b) No interest will be paid on balances in your Account. c) You will receive a periodic statement unless there are no transactions and no financial activity in your Account during the applicable period covered by such statement. d) You agree to allow Bestpass to enroll you with certain qualified Third Party Service Providers (TPSPs), allow Bestpass to distribute data to said TPSPs and collect payment from your Account for amounts owed to said TPSPs. e) You agree to pay all charges incorporated in invoices prepared by Bestpass and resulting from use of all transponders issued to you for services provided by Bestpass and TPSPs. Said services will be invoiced by Bestpass and may include the processing fees applicable to the use of transponders. A complete listing of all TPSPs subject to this Agreement and their respective fee schedules are available from Bestpass. f) Applies to postpaid account service enrolment only and is not applicable to any services that are prepaid. If you elect to post pay applicable services you may be required to file with Bestpass a surety bond in an amount determined by Bestpass and in a form to be approved by Bestpass and made payable to Bestpass. The amount required to be bonded is determined at the sole discretion of Bestpass and may be adjusted by Bestpass at its discretion at any time to match your average three month toll usage and additional postpaid charge amount. The bond will serve as surety for the prompt payment of Bestpass invoices. Such bond shall be in an amount equal to at least three (3) months billings for NY Thruway, New Jersey Turnpike and Pennsylvania Turnpike volume discounted tolls and any other postpaid charges, any other similar tolls, and all other services/charges to be billed by and/or through Bestpass or $1,000, whichever is greater. It shall be furnished without cost to Bestpass. Bestpass reserves the right to review your Account at least monthly and, in its sole discretion, to require an increase of such bond. If Bestpass notifies you that an increase is required and provides the amount of such increased bond, you agree to provide such increased bond within twenty (20) days after notification by Bestpass. Your failure to provide for the provisions of this Agreement may result in termination of the Account. g) Failure to pay full balances on all invoices by the date due, failing to maintain a positive prepaid balance in your Account, and/or failing to replenish your prepayment balance to the designated levels when requested by Bestpass will result in the loss of all eligible Bestpass promotions and discounts for that billing cycle. Such failures may also be deemed a failure to comply with this Agreement and result in termination of your Account. NO GUARANTEE OF CONTINUED DISCOUNTS & REBATES Discounts & rebates are determined and continued solely at the discretion of the particular tolling authorities, service providers or financial institutions Bestpass works with. Bestpass does not control and makes no guarantee that any discount rate or rebate available under this Agreement will continue or remain uninterrupted or unchanged. Bestpass will make every effort to notify you in advance of any rebate or discount rate change Bestpass receives notice of from a service partner or tolling authority. You agree that a rebate or discount rate change by Bestpass or any tolling authority does not alter Page 8 the terms of this Agreement or effect in any way your obligations to pay all charges incorporated in invoices prepared by Bestpass and resulting from your use of transponders issued to you for services provided by Bestpass and TPSPs. VIOLATIONS a) If you use a Transponder when your Account is in a negative balance, suspended or revoked, or after the Transponder has been reported lost or stolen, you may incur an administrative fee of up to $100 per occurrence; be charged the full charge for all tolls and fees incurred; and/or be asked to surrender all Transponders to Bestpass. b) If you use the Transponder in a vehicle other than one of the class for which the Transponder is designated, you may incur administrative fees of up to $100 per occurrence; and/or be asked to surrender the Transponder to Bestpass via certified mail. LOST/STOLEN OR NON-OPERATIONAL TRANSPONDERS Unless as otherwise determined by the tolling authorities you will not be liable for the tolls associated with unauthorized Transponder use that occurs after you notify Bestpass of a loss, theft or unauthorized use. However, for the replacement of a lost, stolen, defaced or damaged Transponder, you will be charged a fee to be determined by Bestpass. If the Transponder is non-operational for reasons other than abuse or improper use, the Transponder may be returned and replaced at no charge. If it is determined by Bestpass that the transponder has been damaged, defaced, or improperly used, a nonrefundable fee will be charged for its replacement. Any toll charges incurred during the shipment of Transponders back to Bestpass are the sole responsibility of you and will be posted to your Account. To avoid these usage charges, make sure to place each transponder in the proper protective electromagnetic blocking sleeve. Bestpass will provide these sleeves at no cost. SCHEDULE OF SERVICE AND ADMINSTRATIVE FEES Attached hereto as Addendum A of this Agreement is the Schedule of Service and Administrative Fees applicable to your Account. Bestpass reserves the right to change the terms of the Schedule of Services and Administrative Fees (Addendum A ) at any time provided you are provided with 30 day advance written notice. Such modified terms shall take effect on the date specified therein. TERMINATION a) You may terminate this Agreement at any time by returning all Transponders and notifying Bestpass in writing. Transponders should be returned to Bestpass in person or by certified mail. Transponders remain the property of Bestpass, the New York State Thruway or third-party entity. Upon termination and return of the Transponder(s), your Account balance, if any, will be refunded to you after two (2) successive billing cycles have been completed without your Account incurring any tolls, fees or other chargeable activity during those billing periods. All outstanding charges will be deducted prior to such refund. b) You agree to be solely responsible for the return of the transponders to Bestpass. Bestpass accepts no responsibility if your transponders are lost, transferred or have otherwise come into possession of unauthorized persons who use them. c) In the event you fail to make payment in full, in addition to all of the rights and remedies set forth in this agreement, your Account will be suspended or terminated and you agree to surrender, upon demand, all transponders previously issued to you. COLLECTION OF EXPENSES You agree to pay all costs, including attorneys fees, incurred by Bestpass to collect any monies due under the terms of this Agreement. TAXES It is your responsibility to determine what, if any, taxes apply to the payments you make or receive, and it is your responsibility to collect, report and remit the correct tax to the appropriate tax authority. Bestpass is not responsible for determining whether taxes apply to your transaction, or for collecting, reporting or remitting any taxes arising from any transactions. CONSOLIDATED BILLING SERVICE Bestpass agrees to provide a consolidated invoice reflecting amounts claimed as owed by other entities providing services for or on your behalf as a result of your request for such service. Such consolidated rebilling shall be provided at the rates set forth herein. In doing so, Bestpass remains an independent contractor for all purposes. In performing said limited rebilling Bestpass shall in no way be deemed to in any way be the service provider for the underlying service but it is merely functioning as a one-stop place for billing at the request of, and for the products or services that are provided by TPSP. As such, you agree to pay to Bestpass the amount as forwarded to Bestpass by TPSP. Any dispute as to the amount owed shall be your obligation to resolve with the TPSP. Bestpass is in no way guaranteeing the past or future provision of TPSP's services or the accuracy of the invoice as forwarded by TPSP. The only obligation of Bestpass shall be to amend any invoice to represent any corrected amount as communicated by TPSP. You are referred to the terms and conditions of any agreements with any such TPSP. As such, all service and related questions are to be directed to the Third Party Service Provider. BP

9 Under the foregoing terms, you desire that Bestpass provide consolidated billing/re-billing services with the following Third Party Service Providers:! All tolling authorities Bestpass holds an account with.! NCPass (NCPass is a registered trademark of International Road Dynamics, Inc.)! NORPASS (NORPASS is a registered trademark of NORPASS) You also agree:! to give Bestpass permission to charge your Bestpass account for fees, charges or any other amounts as transmitted by the Third Party Service Provider referenced above;! to authorize Bestpass to pay the Third Party Service Provider the full amount presented to Bestpass by Third Party Service Provider;! to authorize Bestpass to disclose information about your Bestpass account to the Third Party Service Provider or related persons or entities;! to indemnify Bestpass for any and all liability for losses to Bestpass for unpaid amounts;! to comply with and be subject to all other provisions contained herein or in any terms of service from said TPSP. TRANSPONDER PROTECTION SERVICE Bestpass offers a transponder protection service to aid in mitigation of damage assessment fees incurred when returning leased transponders to the New York State Thruway (NYSTA). The service consists of a protective plastic case along with transponder remediation and cleaning when the transponder is returned to Bestpass prior to being returned to the NYSTA. Protective cases are provided and intended only as a means to lower the possibility of damage or defacement to transponders, resulting in limiting damage assessment fees applied by the NYSTA. Utilization of this service does not guarantee elimination of damage assessment fees applied by the NYSTA. Any and all damage assessment fees applied by the NYSTA on transponders utilized by the client are still the responsibility of the client to pay. The protective case should be returned to Bestpass along with any returned transponders. AUTOMATED MISREAD IDENTIFICATION SERVICE (A.M.I.S.) Bestpass offers a service that identifies misreads on select toll facilities. The automated identification of toll facility electric misreads incurred by clients transponders along with submittal for appropriate credit is handled by Bestpass. The service is designed to identify the majority of misreads on select facilities. Bestpass cannot guarantee identification of all misread toll records and cannot guarantee all misread tolls identified will be refunded for the requested amount submitted to the agency. All toll usage incurred, including misread toll usage, must be paid in full before credit can be submitted for and applied to your Bestpass account. MODIFICATIONS Bestpass may change the terms of this Agreement at any time by advance written notice. Such modified terms shall take effect on the date specified therein. The invalidity of any term or terms of this Agreement shall not affect any other term of this Agreement, which shall remain in full force and affect. DISCLAIMER AND LIMITATION OF DAMAGES Bestpass, is not responsible for the quality, safety, legality, or any other aspect of any transaction(s) related to your Account. Except as expressly otherwise provided in this Agreement, we make no representations or warranties of any kind to you, whether express or implied or arising out of course of dealing or usage, regarding your account, Bestpass services or any services or products provided by any third parties, or any other subject matter of this Agreement, including without limitation, any implied warranties or merchantability or fitness for particular purpose or non-infringement. Bestpass does not have any control over products or services provided by any TPSP, even if paid to or through Bestpass and makes no warranty or guaranty as to these services. Limited Liability. Except as otherwise expressly required by this Agreement or applicable law, we will not be liable to you for performing or failing to perform any obligation under this Agreement or use of the transponder. Without limiting the foregoing, we will not be liable to you for any delay, failure or malfunction attributable to your equipment, any payment system or any customer service function. If, despite the foregoing, we are held liable to you, the total liability may never exceed the amount paid or pre-paid to Bestpass for the specific service/product, matter or transaction at issue. Also without limiting the foregoing, in no event shall you be entitled to recover any indirect, consequential, exemplary or special damages (whether in contract, tort or otherwise), even if you have advised us of the possibility of such damages. GOVERNING LAW This Agreement shall be governed by and construed in accordance with the laws of the State of New York. SEVERABILITY If any provision hereof is held to be invalid or unenforceable, such determination shall not affect the validity of the remaining provisions hereof. NON-WAIVER No delay or failure by Bestpass to exercise any right under this agreement, and no partial or single exercise of that right, nor acceptance of a partial payment, or the waiver of condemnation of any breach or default, shall constitute a waiver of that or any other right, unless otherwise expressly provided herein. NON-DISCLOSURE Bestpass respects the privacy of all Account holders. Account information will not be disclosed to third parties without your consent except as permissible by law and the policies of Bestpass and the entities providing Bestpass services. INQUIRIES AND CORRESPONDENCE Notices, correspondence, payments or violation inquiries must be sent by postal mail to: Bestpass, Inc. 500 New Karner Road, Suite 5 Albany, NY For information purposes, the Bestpass phone and addresses are as follows: Phone: Toll Free: Fax: info@bestpass.com You agree that Bestpass may provide notice or communications about your account and all matters relating to this account electronically via or via our website. Any electronic communication will be considered to be received by you 24 hours of the time we post it to our website or it to you. Any communication sent to you by postal mail will be considered to be received by you 3 business days after we send it. ACKNOWLEDGEMENT I ACKNOWLEDGE THAT I HAVE READ AND UNDERSTAND THE TERMS AND CONDITIONS OF THIS AGREEMENT AND THAT I AM AUTHORIZED TO EXECUTE THIS AGREEMENT BY AND ON BEHALF OF PAYMENT OF SERVICE ACKNOWLEDGE I UNDERSTAND AND ACCEPT THE TERMS AND CONDITIONS OF THIS AGREEMENT. P Page 9

10 Bestpass Service Application Addendum A Schedule of Service & Administrative Fees ' ' Bestpass'Standard'Service'Fees' BESTPASS'Account'Activation'Fee' $50'fee'per'account'due'at'account'activation' Monthly'BESTPASS'Service'Fee'(Per%E'ZPass%compatible%transponders%utilized)' 1' '10'Transponders' $4.00'account'maintenance'and'$1.00'per'transponder'and'8%'of'NY' Thruway'toll'usage'to'a' maximum'of'$250' 11' '50'Transponders' $1.00'per'Transponder'and'8%'of'NY'Thruway'toll'usage'to'a' maximum'of'$250' 51+%Transponders' Please%call%for%fleet%rates' Monthly'BESTPASS'Service'Fee'(Per%non'E'ZPass%compatible%transponders%utilized;%does%not%apply%to%Ambassador%Bridge%service)' 1' '10'Transponders' $4.00'account'maintenance'and'$1.00'per'transponder' 11' '50'Transponders' $1.00'per'Transponder' 51+'Transponders' Please%call%for%fleet%rates' Paper'Invoice'Fee' $5%per%month%(web,%e'mail%&%fax%invoice%no%charge)' Payment'Handling'Fee' 2.4%'on'all'payment'methods'that'are'not'Check,'Bank'Direct' Debit'or'Wire'Transfer' Miscellaneous'Fees' Declined'Payment'Fee'(ACH,%Credit%Card,%Check,%Direct% Debit)' Late'Payment'or'Failure'to'Maintain'Required'Prepayment' Balance'Fee' Transponder'Lost,'Stolen,'Damaged'or'Defaced' Replacement'Fee' Transponder'Not'Returned'Fee' Shipping'&'Handling'Fees' Optional'Services' Automated'Misread'Identification'Service'(A.M.I.S.)' Professional'Services' Enhanced'Professional'Services' Agency'Fees% NYS'Thruway'EXZPass'Transponder'Lease'Fee' PA'Turnpike'Transponder'Usage'Fee' Other'Agency'Fees'Based'on'Services'Selected' $50' Loss'of'all'applicable'discounts'and'promotional'credits' $16'EXZPass'Windshield;'$22'EXZPass'Roof'&'License'Plate' Mounted;'$40'FUSION;'$20'NonXEX ZPass'Transponder' $100'per'transponder'not'returned'to'BESTPASS'in'a'timely' manner.' Standard'shipping'within'Continental'United'States'is'included.'Any'requests'for'express' shipments'will'be'billed'to'you'at'cost.'all'customs'fees'for'shipments'outside'of'the'us'are'the' responsibility'of'the'customer.' 20%'of'any'refunded'dollars'received'from'misreads' identified'and'successfully' disputed.' $0.25'per'active'vehicle'per'month'or'$100'per'month' whichever'is'greater.'active'vehicle'is' any'vehicle'or' unassigned'transponder'with'toll'activity'in'a'given'month.' Please%call%for%fleet%rates' $0.50'per'standard'transponder'per'month'$1.00'per'FUSION' transponder'per'month% $0.50'per'month'for'any'transponder'with'discounted'activity' on'the'pa'turnpike' Any'standard'applicable'agency'fees'charged'to'Bestpass'on'your'behalf'will'be'bill'to'your' account'at'cost.''these'charges'include'but'are'not'limited'to'transponder'activation'and/or' transaction'fees.' Initials: '' ' Page 10 BP

11 Bestpass Service Application IRD Transponder Bypass Program Service Agreement This Sales and Service Agreement (AGREEMENT) is made by and between International Road Dynamics Corp. (IRD), as Transponder Administrators (TA) for the North Carolina Department of Transportation (NCDOT) s NCPass Transponder Bypass Program (TBP), and customer (OWNER) Leased to or Legally Doing Business as the company identified in this application (DBA/LESSOR). Terms and Conditions: 1.! IRD agrees to provide transponders and enrollment in the TBP to the OWNER consistent with IRD s agreement with the NCDOT. 2.! IRD s agreement with the NCDOT is designed to allow interoperability of our TBP with other state or provincially operated TBPs; as such, we will provide relevant enrollment information to such TBPs if requested by the OWNER. 3.! Additional Terms and Conditions continued on page 2. OWNER agrees to the following: 1.! OWNER has confirmed that transponders OWNER intends on using in this TBP are not owned, controlled, or assigned to another OWNER. 2.! OWNER agrees to pay IRD the annual System Access fee of $56.00 per transponder plus applicable taxes. The system access fee may be reduced for multiyear contracts. 3.! OWNER agrees to indemnify and hold harmless IRD against all loss, damage, claims, and expenses for any actions brought against IRD for OWNER s use of an unauthorized transponder in this TBP. Payment of Fees: 1.! Rental or system access fees are payable to IRD on a predetermined basis and in advance of any services being provided through the TBP. These fees constitute the enrollment fees into the NC TBP program and are subject to renewal. 2.! OWNER acknowledges that the fees payable under this agreement are based on the allocation of risk set out in this agreement, including the assumption of risk by the OWNER. 3.! IRD will notify OWNER of upcoming service payments no later than sixty days prior to the date payment is due. 4.! OWNERS wishing to continue in the TBP must have paid annual renewal fees to IRD on or before the renewal date to avoid discontinuation of services. Discontinued accounts will receive no warranties or services until due payments are made. 5.! OWNER agrees to pay IRD a $20.00 per transponder reconnection fee for discontinued accounts before services will be restored. 6.! Adding transponders to an existing account will be charged on a pro-rata basis to match the annual billing date of the initial AGREEMENT. Termination of Services: 1.! OWNER may at any time choose to withdraw from the TBP by informing IRD of their desire to exit the program. 2.! IRD will terminate the TBP services of any OWNER whose account has remained in delinquency for a period of fifteen days or longer unless OWNER and IRD have reached an agreement on payment. 3.! OWNER must return to IRD any rented property relating to the TBP within fifteen days of termination of services. 4.! Any OWNER that chooses to withdraw from or no longer qualifies for the TBP during the course of the annual billing cycle will not be credited or refunded any portion of rental or system access fees. 5.! OWNER agrees that IRD has the right to terminate this agreement at any time upon providing ninety days written notice to the OWNER or immediately upon termination or non-renewal of IRD s contract as TA for the NC TBP as per IRD s agreement with the NCDOT. Indemnification: 1.! IRD shall not be liable for any injury, loss, claim, or damage arising from the use or transportation of the transponders by the OWNER, and the OWNER shall indemnify and hold harmless IRD against all loss, damages, claims, and expenses which may arise out of any action for damages to property or persons pursuant to the use, operation, handling, or transportation of the transponders. 2.! Both IRD and the OWNER will hold each other harmless of any action or suit brought against either party by an outside party for the duration of this agreement. Proper Use: 1.! Transponders will be installed in assigned vehicles within the OWNER s fleet only. Transponders shall not be transferred from vehicle to vehicle until the change request has been approved by the transponder administrator. 2.! If you are leasing any of your vehicles as full service leases you must obtain permission from the lessor to electronically screen the vehicle credentials. 3.! OWNER agrees not to use the transponders at any time in violation of any law, by-law, zoning restriction, ordinance, regulation, or for any use for which it is not reasonably intended. 4.! OWNER agrees not to transfer or assign the rights and obligations, which would not be reasonably upheld, under this agreement or to transfer or lend the transponders to another party without the prior written consent of IRD. Other: 1.! As this AGREEMENT is between IRD and the OWNER, it is the responsibility of the OWNER to ensure that any employee or contractor of the OWNER abides by the terms of this AGREEMENT. Breaches of this AGREEMENT by employees or contractors of the OWNER will carry the same consequences as breaches of the OWNER. 2.! This AGREEMENT and its performance shall be governed by the laws of the State of Michigan and the federal laws of the United States of America applicable therein, including dispute resolution, jurisdiction, and venue. 3.! IRD makes no representations or guarantees regarding OWNER s ability to bypass TBP sites based on criteria established by the NCDOT or the North Carolina State Highway Patrol. 4.! IRD will respond to any performance related issue raised by OWNER within one working day of notification of the issue. Notification will consist of a phone call to the IRD call center, by , or by fax. These terms and conditions contain the entire AGREEMENT between IRD and the OWNER relating to the rental, purchase, and use of the transponders and supersede any prior understandings or agreements, whether oral or written, regarding this matter. P Page 11

12 Norpass Terms & Conditions Bestpass Service Application You Agree: 1.! To install and use the transponder in accordance with the instructions. 2.! To install and use each transponder only on the specific vehicle for which it was requested. Transponders may be moved from one vehicle to another or new vehicle, only after you have informed Bestpass or the NorPass Service Center of the pending move. 3.! To notify the Bestpass or the NorPass Service Center immediately if any transponders are lost, stolen or if the vehicle for which it was issued was taken out of service. 4.! To bypass an open weigh station only when the transponder indicates a green by-pass signal. If you do not receive a green by-pass signal, you agree to pull into the open weigh station and follow station personnel s directions. 5.! To report changes to your company name, address, phone number, vehicle credentials and any other information provided on your application. 6.! To keep current all insurance, registration, and tax payments for the participating vehicles. Failure to do so will result in an automatic pull in at an open weigh station. 7.! In Washington, the carrier must respond to the message on the reader board. If the reader board does not give a message the carrier may bypass the port/weigh station. 8.! Over dimensional carriers must check with individual jurisdictions for state requirements regarding bypassing of stations. Other: NO PRE-CLEARANCE GUARANTEE: NorPass does not guarantee that all vehicles will always be allowed to bypass a participating weigh station. Each site has the capability to pull in vehicles at any time for legitimate purposes. Your company s bypass rate will depend upon the safety performance of the company. IN NO EVENT WILL THE NORPASS ORGANIZATION, ITS AGENTS, EMPLOYEES, CONTRACTORS, OR SUB-CONTRACTORS BE LIABLE TO YOU OR ANYONE ELSE FOR DAMAGES OF ANY NATURE, INCLUDING LOST PROFITS, LOST SAVINGS, LOST REVENUE OR OTHER SPECIAL, INCIDENTAL, AND PUNITIVE INDIRECT OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR THE INABILITY TO USE THE TRANSPONDER, HOWEVER CAUSED. UNDER NO CIRCUMSTANCE IS NORPASS LIABLE FOR COSTS OF PROCUREMENT OF SUBSTITUTE PRODUCTS OR SERVICES. Page 12 BP

13 Bestpass Commitment to Customer Service Valued Customer, Bestpass prides itself on the quality and quantity of service provided to our clients. This document includes our company policies that every employee at Bestpass is required to read and follow. They are reproduced below, for the benefit of our clients and partners. If you feel the service you have received does not meet the standards presented here, or you are not completely satisfied, please feel free to contact me or a member of the Bestpass management team. John Andrews President & CEO Bestpass, Inc. Our Clients Each and every client is entitled to prompt and courteous treatment. Our goal is to completely satisfy requests during the initial encounter. Sometimes this is not possible. When we must make you hold, we will try to keep the hold time to three minutes or less. If we cannot resolve your problem within that time, we may request a time when we can return the call. You should be informed of the reason your request cannot be processed immediately and an estimated time to resolution. The majority of phone calls are resolved while the caller is still on the phone. The majority of electronic requests are processed within two to four hours. Unless you are advised otherwise, all requests should be resolved within one business day. Should your request exceed one business day, please contact Bestpass and report this. If you are not satisfied, in any way, with the service you receive, there are several options available to help achieve satisfaction. At any point, you may request to speak with a customer service supervisor. You may also correspond via U.S. Mail; address your concerns to Administration. Every caller can request that the customer service representative identify themselves. Each Bestpass employee must provide at minimum their first name. Whenever possible, please identify the representative you worked with in any correspondence. Bestpass Customer Service Policies General Each customer service representative must identify themselves at the beginning of each call and upon the request of the caller. Each customer is entitled to prompt, courteous and complete satisfaction to all requests. Our clients are the reason we are in business. Each caller should receive our complete and undivided attention. Responsiveness Phone requests should be processed while the caller is on the phone. No caller should be on hold more than two to three minutes. If a request cannot be processed immediately, the relevant information is to be collected from the caller and an estimated resolution time should be given. Return calls should be made within the stated time frame. Electronic mail requests should be processed within two hours. In no case should a request go beyond 24 hours of receipt. If a request cannot be completed within the required time frame, the client must be given a status and an estimated resolution. On-line electronic support should receive the same priority as phone support. Calls should be answered in the order received. If there will be a delay, announce the approximate waiting period to those waiting. Accuracy Clients should expect and receive accurate and complete information. Information provided must be relevant and current. If unsure of the proper answer, involve another department member or a supervisor who is better versed on a particular topic. If a member or supervisor in Customer Service is not available, escalate the problem to the Sales or Administration staff. As always, gather all relevant information from the caller and keep them apprised of the status. Recourse Clients who express dissatisfaction with the service received should be given the opportunity to speak with a supervisor. If a supervisor is not available, take the caller's information and inform them when a supervisor will be available. You should also inform the caller of the electronic customer service facilities available on our website. Do not try to influence their decision, give them the information and let them decide the method they prefer. Phone requests for administrative action must be processed through a customer service supervisor prior to being passed on. P Page 13

14 Notes Page 14 BP

15 Notes P Page 15

16 BP Bestpass, Inc All rights Reserved. No part of this document may be reproduced or transferred to other media without explicit permission from Bestpass, Inc. E-ZPass is a registered trademark of the E-ZPass Group, Wilmington Delaware. All brand or product names are trademarks or registered trademarks of their respective holder.