TERMS & CONDITIONS
Truckpoint may change company’s Term & Conditions by updating this page.
These Website Terms And Conditions contained herein on this webpage, shall govern your use of this website, including all pages within this website (collectively referred to herein below as this “Website”). These Terms apply in full force and effect to your use of this Website and by using this Website, you expressly accept all terms and conditions contained herein in full. You must not use this Website, if you have any objection to any of these Website Terms And Conditions.
In these Conditions, the following words and expressions shall have the following meanings, save where the context otherwise requires:
“Agreement” means any agreement, where by the Company and/or an authorized consultant of the Company offers and the Customer accepts the provision of the Services, or where the Company has started performance of an order, and shall include without limitation any written contract agreed and/or correspondence by post, fax and/or email between the Company and/or an authorized agent of the Company and the Customer, and these Conditions;
“Company” means the Truckpoint Ltd entity that has concluded the Agreement;
“Customer” means the party to whom the Company’s offer is addressed and/or the party entering into the Agreement with the Company, and/or the party to whom the Company shall provide the Services pursuant to the Agreement; also this term refers to the user or viewer of our website.
“in writing” shall mean any written correspondence sent by post, fax, or email between the Company and/or its sales team and the Customer;
“Price” means the rates which shall be chargeable by the Company to the Customer for the provision of the Services as set forth in the Agreement, (for more information: https://truckpoint.co/how-it-works/), and
“Services” shall mean any and all services provided or to be provided by the Company to the Customer pursuant to the Agreement and on the website.
All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner, whether by formal meetings of a fixed duration, or any other means, for the express purpose of meeting the Client’s needs in respect of provision of the Company’s stated services/products, in accordance with and subject to, prevailing Bulgarian Law.
1. Governing law
1.1 These terms and conditions shall be governed by and construed in accordance with the laws of Bulgaria and you irrevocably submit to the exclusive jurisdiction of the courts of Bulgaria.
2.1 You are provided with access to this Website in accordance with these terms and conditions and any subscriptions, registrations or other general use of the Website is strictly in accordance with these terms and conditions. Access to this Website is permitted, and we reserve the right to modify or withdraw, temporarily or permanently, this Website (or any part thereof) with or without notice to you and you confirm that we shall not be liable to you or any third party for any modification to or withdrawal of the Website. We will not be liable if for any reason the Website is unavailable at any time or for any period. Some parts of our Website are restricted to use by clients of Truckpoint only.
3. Online registration as a client
3.1 You warrant that:
you are at least 18 years old;
the personal information which you are required to provide when you register as a customer of Truckpoint is true, accurate, current and complete in all respects;
you will notify us immediately of any changes to the Personal Information by contacting our Sales and Service Team by e-mail, or telephone on +359 (2) 882 797 506/ +359 (2) 423 67 40 between 9am-6pm; and
you agree not to impersonate any other person or entity or to use a false name or a name that you are not authorized to use.
4.2 We are committed to protecting your privacy. Authorized employees within the company only use any information collected from individual customers. We constantly review our systems and data to ensure the best possible service to our customers.
5. Confidentiality and Data Protection Notice
5.1 If you are registered client on Truckpoint website, we will hold your contact details on our database. Truckpoint will retain your data and will use it only to communicate with you and to provide information that may be of use to you for the future.
5.2 We are registered under the Data Protection Act and as such, any information concerning the Client and their respective Client Records may be passed to third parties in cases when the third party is legally required to do so to the appropriate authorities. However, Client records are regarded as confidential and therefore will not be divulged to any third party in other circumstances. Clients have the right to request sight of, and copies of any and all Client Records we keep, on the proviso that we are given reasonable notice of such a request. Where appropriate, we shall issue Client’s with appropriate written information, handouts or copies of records as part of an agreed contract, for the benefit of both parties.
Customer records code of practice:
2. Your data is never sold to a third party, except when you have previously agreed to us using personal information for your marketing purposes. In this case you may change your mind at any time by writing to or emailing us at firstname.lastname@example.org
2. Your data is never released to an independent third party to use for their own purposes.
3. Your data is constantly checked for accuracy
4. Your data is kept in a secure system which is password protected and covered by a Data Protection Security Policy.
5. All staff with access to your data are contractually bound to keep this confidential.
*We will not sell, share, or rent your personal information to any third party or use your e-mail address for unsolicited mail. Any emails sent by this Company will only be in connection with the provision of agreed services.
6. Contract with the Customer
6.1 Truckpoint Ltd. is a consulting company crafted with the idea to change the trucking industry. Our business model is based on subscription program and the customer should only find the most suitable plan basis your fleet size. No contract exists between you, the customer, and Truckpoint Ltd. until your email has been sent confirming your subscription service. Truckpoint Ltd. reserves the right to withdraw from any contract in case of obvious errors such as false personal or payment details.
7. Applicability and Interpretation on the client agreement
7.1 Unless otherwise agreed in writing, these Conditions apply to all offers made by the Company and/or its consultants and all business relations between the Company and Customer through any Agreement concluded.
7.2 The Company shall not be bound by any conflicting standard terms and conditions (howsoever called) used by the Customer and such terms and conditions shall not be applicable to the Agreement unless the terms and conditions have been accepted in writing by the Company. These Conditions may only be varied in writing by an authorized representative of the Company. If a Customer’s acceptance document, subscription for a service or other documentation, received by the Company before or after notification of these Conditions, contains terms at variance with these Conditions, then every such terms shall be of no effect.
7.3 If any of the terms of these Conditions is repugnant to or in conflict with applicable law, then and in such event the conflicting term shall be deemed to be deleted, amended and/or altered to conform therewith, and such deletion, amendment and/or alteration shall not in any way affect the remaining provisions of these Conditions.
8. Offers, Acceptance of Subscription service, and Modifications to an Agreement
8.1 All offers made by the Company and Subscription service(s) submitted to the Company are non-binding until an Agreement has been concluded. An Agreement shall be deemed concluded the earlier of a written confirmation being sent by the Company to the Customer confirming the Agreement, the Customer accepting the Company’s offer in writing, or the Company starting performance of the Services pursuant to the Customer’s Order.
8.2 Unless agreed otherwise in writing, all offers made by the Company and/or its consultants are based on the work being carried out by the Company under normal conditions and during normal working hours.
8.3 Oral promises or representations made by other employees, or consultants of the Company are not binding on the Company unless and until confirmed in writing by the Company.
8.4 The Company shall be entitled to not accept an Subscription service at any time and without cause.
8.5 Any modification or additions to the terms of the Agreement must be made and agreed to in writing by both the Company and the Customer.
9. Availability and Pricing
9.1 Unless otherwise agreed in writing, all prices are stated in the currency as stated in the offer and thereafter invoiced. Any additional costs that may arise in the course of the Company’s performance of the Services are for the Customer’s account.
9.2 Unless agreed otherwise in writing, the Company is entitled to yearly adjustments in rates and tariffs, pursuant to any increase of costs.
9.3 In the event the Company carries out additional work or performs any variation to the Agreement as requested by the Customer, the costs associated with the variations will be for the Customer’s account.
9.4 Our subscription services:
“Start-up” (up to 3 trucks) Price: 100 BGN monthly
Subscription includes: Personal consultant; OBU Care; Management of online accounts; Archive of documents
“Start-up +” (up to 3 trucks) Price: 150 BGN monthly
Subscription includes: Personal consultant; OBU Care; Management of online accounts; Archive of documents; VAT & Ex.Duty refund
“Growing” (up to 10 trucks) Price: 150 BGN monthly
Subscription includes: Personal consultant; OBU Care; Management of online accounts; Archive of documents; Support with fines
“Growing + “ (up to 10 trucks) Price: 200 BGN monthly
Subscription includes: Personal consultant; OBU Care; Management of online accounts; Archive of documents; Support with fines; VAT & Ex.Duty refund
“Performance” (up to 20 trucks) Price: 200 BGN monthly
Subscription includes: Personal consultant; OBU Care; Management of online accounts; Archive of documents; Support with fines; Premium chat for Drivers
“Performance +” (up to 20 trucks) Price: 300 BGN monthly
Subscription includes: Personal consultant; OBU Care; Management of online accounts; Archive of documents; Support with fines; Premium chat for Drivers; VAT & Ex.Duty refund
“Corporate” (unlimited fleet) Price: Is made personally by our consultants
Subscription includes: Personal consultant; OBU Care; Management of online accounts; Archive of documents; Support with fines; Premium chat for Drivers; Individual requests; Tailor-made solution for VAT & Ex.Duty refund
*Prices are VAT Exclusive
“Truckpoint+“ Conditions: This is a program that provides a discount of the subscription plan for each recommended new customer by an already subscribed account.
10.1 Payment can be made by Bank Transfer. We incoice end of every month and the payment should be made 5 working days in the following month. We reserve the right to seek recovery of any monies remaining unpaid sixty days from the date of invoice via collection Agencies and/or through the Small Claims Court in the event that the outstanding balance does not exceed 2000 BGN. In such circumstances, you shall be liable for any and all additional administrative and/or court costs.
11. Termination of Agreements and Refunds Policy
11.1 Both the Client and ourselves have the right to terminate any Services Agreement for any reason, by written 30 days notice, including the ending of services that are already underway. No refunds shall be offered, where a Service is deemed to have begun and is, for all intents and purposes, underway. Any monies that have been paid to us which constitute payment in respect of the provision of unused Services, shall be refunded.
11.2 The Company is entitled to terminate the Agreement immediately by written notice (Clause 11.1) to the Customer if the Customer is in material breach of its obligations under the Agreement. A material breach shall include, but not be limited to, situations where:
The Customer fails to meet his liabilities when they fall due
The Customer seeks a composition with his creditors,
All or part of the Customer’s property is subject to receivership, or
A petition for liquidation, winding-up or administration is filed in respect of the Customer.
11.3 In the event that the Company gives notice of termination according to the terms of Clause 11.2, all outstanding payments shall be accelerated and deemed due and payable immediately.
12.1 We have the right to revise and amend these terms and conditions from time to time to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system’s capabilities. Our Service may contain links to third-party web sites or services that are not owned or controlled by Truckpoint Ltd. The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that Truckpoint Ltd. shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services which is not made by our company. You agree to use this site for lawful purposes only and not in any way that might infringe third party rights or that might bring Truckpoint into disrepute. When using our site, you must comply with the provisions of our acceptable use policy. You are responsible for making all arrangements necessary for you to have access to our site. You are also responsible for ensuring that all persons who access our site through your internet connection or login registration are aware of these terms, and that they comply with them.
12.2 The Company shall not be liable for any claim of whatsoever nature, and whether for damages or otherwise, howsoever arising, unless a Loss is directly caused by gross negligence of the Company, its employees (acting in furtherance of their duties as employees) or sub-contractors or agents (acting in furtherance of their duties as subcontractors or agents).
13. Links from the Website
13.1 Where the Website contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.
13.2 You acknowledge that such information may contain inaccuracies, however we will follow strict internal procedures to keep up-to-date information. It shall be our own responsibility to update this within 30 days period and ensure that any information is strictly supervised.
14.1 We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
15. Dispute Resolution
15.1 the Customer agrees that any legal action or proceedings arising out of or in connection with the Agreement may be brought in the Courts of the country in which the Company that is party to the Agreement is domiciled and the Customer irrevocably agrees to submit to the non-exclusive jurisdiction of the Courts of the country in which the Company that is party to the Agreement is domiciled.
15.2 The Company may in its sole discretion refer any claim or dispute to any arbitral body location in the country in which the Company that is party to the Agreement is domiciled for arbitration which arbitration shall bind both the Company and the Customer. For the purpose of arbitration, the parties shall jointly nominate and mutually agree upon an arbitrator. Should the parties fail to agree on the arbitrator to be appointed, the arbitrator shall be nominated by the arbitral body in accordance with the arbitral body’s rules. The arbitration shall be subject to and conducted in accordance with the rules for the conduct of arbitration published from time to time by the arbitral body.
16. Events outside our control.
16.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control (“Force Majeure Event”). A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
strikes, lock-outs or other industrial action;
civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or
impossibility of the use of public or private telecommunications networks;
the acts, decrees, legislation, regulations or restrictions of any government;
16.2 Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavors to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.
17. Truckpoint Ltd. Contact Details
Address: Okolovrasten pat 23, fl.2, Sofia, 1404, Bulgaria
Phone: +359 2 423 67 40
Opening hours: 9am to 6pm, Monday to Friday
Last edited: 08/07/2018
Any Agreement or these Conditions shall be subject to any modification of any legislation in force.