Terms of service

These terms govern the provision of services by DriverFileHQ (“we”, “us”) to a motor carrier (“you”, “the Client”). By engaging us you agree to them. Where a signed services agreement exists, that agreement prevails over any conflicting term here.

1. Services

We provide:

• File review. An audit of your driver qualification files against the records required under 49 CFR Part 391, returned as written findings. Provided at no charge.
• Remediation. Obtaining and assembling missing or deficient records to produce a complete file for each driver.
• Monitoring. Tracking expiry dates and notifying you in advance of lapses, with an audit-ready export available on request.

2. What we are not

We are not a law firm and do not provide legal advice. Our findings cite the federal rule from which they derive so that you or your counsel can verify them independently. Nothing we provide is a legal opinion.

We are not affiliated with, endorsed by, or acting on behalf of the Federal Motor Carrier Safety Administration or the United States Department of Transportation.

We do not, and will not:

• procure motor vehicle records, Pre-Employment Screening Program reports, or any consumer report;
• administer drug and alcohol testing programmes, or act as a consortium or third-party administrator;
• submit reports to, or act as your agent before, any regulator or the Drug & Alcohol Clearinghouse.

3. No guarantee of outcome

We improve the completeness and organisation of your records. We do not guarantee any particular result in a compliance review, safety audit or investigation, and we do not guarantee that penalties will be avoided or reduced. Regulatory outcomes depend on matters outside our control.

4. Your responsibilities

You agree to:

• provide accurate and complete information, and cooperate promptly with requests for documents or authorisations;
• hold all necessary rights and consents to share driver records with us;
• maintain your own copies of records as required by applicable regulation;
• remain solely responsible for your compliance with the Federal Motor Carrier Safety Regulations and all other applicable law.

Compliance responsibility is not transferred to us by engaging us.

5. Fees and payment

Current fees are published on our website. Remediation is charged as a one-off fee covering up to thirty drivers; larger fleets are quoted per driver. Monitoring is charged monthly or annually in advance. Fees are stated in US dollars and exclude any applicable taxes.

Invoices are payable within fourteen days. We may suspend monitoring while an invoice remains overdue. Fees paid for a period already begun are non-refundable except where required by law.

6. Term and termination

Monitoring continues until cancelled. Either party may terminate on thirty days’ written notice. Either party may terminate immediately on a material breach that remains uncured for fourteen days after notice. On termination we will return or delete your records at your direction, subject to any legal retention obligation.

7. Confidentiality

Each party will keep the other’s non-public information confidential and use it only to perform under these terms. This obligation survives termination. It does not apply to information that is public through no fault of the receiving party, or that must be disclosed by law.

8. Data protection

We process driver records as a service provider acting on your instructions; you remain the controller of those records. Our handling of personal information is described in our privacy policy, which forms part of these terms.

9. Intellectual property

We retain ownership of our templates, checklists, software and methods. You retain ownership of your records and of the completed files we produce for you, and receive a perpetual right to use any deliverable we provide for your own compliance purposes.

10. Disclaimer of warranties

Except as expressly stated, the services are provided “as is” without warranties of any kind, whether express, implied or statutory, including any implied warranty of merchantability, fitness for a particular purpose, or non-infringement.

11. Limitation of liability

To the maximum extent permitted by law, neither party is liable for indirect, incidental, special, consequential or punitive damages, or for lost profits, lost revenue, or regulatory fines or penalties, however caused.

Our total aggregate liability arising out of or relating to the services is limited to the fees actually paid by you to us in the twelve months preceding the event giving rise to the claim.

Nothing in these terms excludes liability that cannot lawfully be excluded.

12. Indemnification

You will indemnify us against claims, losses and expenses arising from your breach of these terms, from information you provide that is inaccurate or that you lacked the right to share, or from your own non-compliance with applicable regulation.

13. Force majeure

Neither party is liable for delay or failure to perform caused by events beyond its reasonable control, provided it takes reasonable steps to mitigate and resume performance.

14. Governing law

These terms are governed by the laws of [jurisdiction to be confirmed], and the parties submit to the exclusive jurisdiction of its courts.

15. Changes

We may amend these terms. Where an engagement is in place we will give at least thirty days’ notice of a material change, and you may terminate without penalty if you do not accept it.

16. Contact

Email info@driverfilehq.com or telephone +1 (404) 382-0169.