Terms of Service

Read sections 32 through 40 carefully. They limit what you can recover from TenFour, require most disputes to go to individual arbitration rather than to a court or a jury, and give up the right to bring or join a class action. You may opt out of arbitration within 30 days, and section 38 says how.

The agreement

1. Acceptance. These Terms of Service are a binding agreement between you, the company buying the service, and TenFour Compliance (“TenFour,” “we,” “us”). You accept them when you place an order, pay an invoice, or use the service, whichever happens first. If you do not accept them, do not use the service.

2. Authority, and who this is for. The service is sold to businesses for business use. By accepting these terms you confirm that you are at least 18, that you are authorized to bind the company you are buying for, and that the company is the motor carrier or the entity responsible for the records and filings we are asked to work on. You are responsible for anyone you allow to use your account.

3. Electronic records and signatures. You consent to do business with us electronically. Emails, text messages, online forms, checkout pages and the acceptance of these terms have the same legal effect as paper and ink signatures. You may withdraw that consent by writing to sam@tenfourcompliance.com, but the service cannot be delivered without it, so withdrawal ends the membership going forward.

What the service is

4. The service. TenFour Compliance provides administrative compliance-support services: organizing records, monitoring deadlines, preparing administrative filings for your approval and answering routine questions. The scope for your account is the published membership plus anything you order separately. Anything not described in the published scope or in a written quote is not included.

5. Not legal advice; not a government agency. TenFour is not a law firm and does not provide legal advice or legal representation. No attorney-client relationship is created by anything on this site or in our communications. TenFour is a private company not affiliated with FMCSA, U.S. DOT or any government agency, and is not endorsed by any of them. Information on this site is educational and general. For legal questions, consult a qualified attorney.

6. You remain the motor carrier. The regulatory duties of a motor carrier under 49 C.F.R. and under state law stay with you at all times. They are not transferred to TenFour and cannot be. We prepare and organize; you review, approve, sign, submit and comply. Nothing in this agreement makes TenFour the carrier, the employer, the safety official, the Designated Employer Representative, the consortium, the medical review officer or the agent of record for any filing, unless a separate written agreement says so in those words.

7. No agency, no partnership, no fiduciary duty. We are an independent contractor providing administrative services. This agreement creates no partnership, joint venture, employment or fiduciary relationship, and neither party may bind the other.

8. Third-party providers. Some of what your compliance requires comes from people who are not us: a consortium or C/TPA, a collection site, a laboratory, a medical review officer, a medical examiner, a process agent, a payment processor and the government systems themselves. We may help you choose one, prepare what it needs and follow up on it. We do not control it, we do not employ it, we do not guarantee it and we are not responsible for its acts, delays, errors, outages, fees or refunds. Your agreement with that provider is between you and that provider.

Billing

9. What you are buying. One membership, priced per truck. The first truck is $99 a month on the annual plan, billed $1,188 up front, or $119 a month on the month-to-month plan. Each additional truck is $59 a month on the annual plan or $69 a month on the month-to-month plan. Every driver is included, up to 2 per truck; a team truck is one truck. Up to 6 trucks can be started online. Fleets of 7 or more are priced by written custom quote.

10. The annual plan. Billed up front for twelve months of service at the annual rate. There is no setup fee on the annual plan.

11. The month-to-month plan. Billed each month, plus a one-time onboarding charge of $199 (the New Authority Starter) on the first invoice. If you move to the annual plan within 60 days of that charge, the full $199 is credited against the annual price.

12. Standalone services. Filings and one-time work bought without a membership are billed at the published standalone price. Each one is credited in full against a membership you start within 60 days of the purchase.

13. Government and third-party fees. Government and third-party fees are never part of a TenFour charge. That covers the UCR fee, Clearinghouse query fees, the process agent's fee, consortium and drug and alcohol testing fees, DOT physicals, MRO services, and MVR and CDLIS pulls. You pay each one directly to the agency or provider that charges it. TenFour never pays a fee on your behalf and never puts one on its invoice. The current amounts are published on the pricing page.

14. Payment, failed payments and suspension. You authorize us and our payment processor to charge the payment method on file for every amount due, including renewals, added trucks and quoted work you approve. Keep it current. If a charge fails we may retry it, and if payment is still not received within ten days of the due date we may suspend the service until the account is current. Suspension does not pause the term, does not stop time running on your deadlines and does not relieve you of amounts owed. An amount more than 30 days late carries interest at 1.5 percent a month or the highest rate the law allows, whichever is less, plus the costs of collection, including reasonable attorney fees.

15. Chargebacks. If you dispute a charge, tell us first. We answer billing questions the same business day and refund what is refundable under this agreement without argument. A chargeback filed on a charge that is valid under these terms is a breach of this agreement, and we may suspend or close the account and recover the disputed amount and the processor's fees.

16. Taxes. Published prices do not include sales, use or similar taxes. Where such a tax applies to the service, it is added to your invoice and is your responsibility. Taxes on our own income are ours.

17. Price changes. We may change published prices. A change never affects a term you have already paid for. For an annual plan, the new price applies at the next renewal and is stated in the renewal notice described below.

18. Renewal. Both plans renew automatically at the end of the term at the price then published. At least 30 days before an annual plan renews we email you the renewal date and the exact amount, and that email carries a one-click cancel link. Cancel from it and nothing is charged.

19. Changing your truck count. Add or remove a truck at any time by text or email. Billing follows the change from the date it takes effect; on an annual plan the difference is prorated for the months remaining. A change that takes the account to 7 trucks or more moves it to a written custom quote.

20. Fair use, and work outside the plan. Routine questions about your account and your deadlines are part of the membership and are answered the same business day. A request that needs research, a document produced or more than about fifteen minutes of work is quoted to you before anything starts and billed at the member rate of $95 an hour, one-hour minimum ($149 an hour for non-members). You are never billed for asking.

Cancellation and refunds

21. Cancel any month. Cancel at any time by text or email, or from the link in the renewal email. There is no contract term and no cancellation fee. We will help you export your records on the way out.

22. The month you cancel. The month in which you cancel is serviced in full and is not refunded, on either plan. Month to month, cancellation stops all future billing at that point.

23. Annual: the months you did not use. On the annual plan we refund one-twelfth of the annual price for every full month remaining after the month you cancel. For example, if you paid for January through December and cancel on April 14, we service you through April 30, close the account that day, and refund May through December, which is eight-twelfths.

24. What a refund does not cover. Filings submitted, returns prepared, files built and audit preparation already carried out are not refundable. A refund covers service you have not received, not work that is done. A standalone service is refundable in full at any point before work on it starts; once the filing has been submitted or the return has been prepared, that work is no longer refundable. If we cannot complete what you paid for through no fault of yours, such as a government system outage or a process agent that fails to file, you are refunded in full. Government fees, process-agent fees, consortium and testing fees, physicals and record-pull charges are paid by you directly to the agency or provider that charges them, never through TenFour; TenFour cannot refund them, even where our own fee is refunded, and whether they are recoverable is between you and that agency or provider. If you re-enroll after receiving a refund, the first three months of the new term are non-refundable, which is disclosed again at re-enrollment, before you pay. Refunds go to the original payment method within ten business days of the cancellation taking effect.

25. Suspension and termination by us. We may suspend or end the service, on notice, if an account is unpaid after the period in section 14, if you breach this agreement, if you ask us to do something unlawful or to state something we know to be untrue on a filing, if your conduct toward our staff is abusive, or if continuing would put us in breach of a law or of a provider's rules. We may also stop offering the service generally, on 30 days' notice. If we end the service for a reason other than your breach, we refund the unused whole months on the basis in section 23. If we end it for your breach, unused time is not refunded. In either case you keep your records, and we will help you export them.

Your side, and ours

26. Your responsibilities. You are responsible for the accuracy, completeness and legality of the information and documents you give us, for getting them to us in time to meet a deadline, for reviewing and approving filings before they are submitted, and for your company's ultimate compliance with applicable law. We prepare from what we are given and are entitled to rely on it without independent investigation. We cannot prepare what we have not been given, and a filing that is wrong because the information behind it was wrong is not our error. You also hold your own government accounts, including Login.gov, Motus, the Drug and Alcohol Clearinghouse and ucr.gov, and you complete any identity check they require yourself. TenFour never asks for, holds or uses your login. A filing that goes in under your own account, such as the MCS-150 in Motus or the UCR at ucr.gov, is signed and submitted by you, and any fee that comes with it is paid by you. Some steps only you can take: signing in, verifying your identity, signing, submitting and paying a fee. Our dates assume those steps are done promptly. If one runs late, the dates that depend on it move with it, and we tell you what is waiting on you.

27. Acceptable use. You will not use the service to submit false or fraudulent information to any agency, to impersonate anyone, to obtain records you are not entitled to, to interfere with or probe the site or its systems, to scrape or copy the site's content for a competing service, or to resell the membership without our written agreement. Our tools, guides, calculators, comparison tables and research are for your own company's use.

28. Your records, and what we may do with them. Your documents and data stay yours. You grant us only the license we need to run the service: to store, copy, organize, transmit and prepare filings from them, for you, for as long as we work for you and for as long afterward as the law requires us to keep a record. We may use anonymous, aggregated information that does not identify you or your company to improve the service and to publish research. We will not publish your name, your USDOT number or your documents as a customer example without your written permission.

29. Confidentiality, both ways. Each of us will protect the other's non-public information with at least reasonable care and use it only for this engagement. This does not cover information that is public, that was already known without a duty of confidence, or that is independently developed, and it does not prevent a disclosure the law or a valid legal process requires, where the other side gets notice if notice is lawful.

30. Our intellectual property. The site, the TenFour name and marks, the checklists, templates, calculators, comparison method, guides and written materials are ours or our licensors'. You get a limited, non-exclusive, non-transferable right to use them for your own company's compliance while you are a member. Nothing here transfers ownership. Any feedback you give us, we may use freely and without obligation.

Risk, and who carries it

31. No guarantee of outcomes. We work to keep your records organized, your filings correct and your deadlines monitored. No service can guarantee a regulatory outcome, an audit result, an inspection result, a safety rating, a score, or the absence of violations, fines, penalties or an out-of-service order.

32. Disclaimer of warranties. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICE AND THE SITE ARE PROVIDED “AS IS” AND “AS AVAILABLE,” AND TENFOUR DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, AND ANY WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. We do not warrant that the service or the site will be uninterrupted, error-free or secure, that any information on the site is current, or that any government or third-party system will be available when a deadline falls.

33. Damages we do not cover. TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER PARTY IS LIABLE TO THE OTHER FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, LOST REVENUE, LOST BUSINESS, LOST LOADS, LOST CONTRACTS, DOWNTIME, LOSS OF GOODWILL, OR THE COST OF SUBSTITUTE SERVICES, EVEN IF THE PARTY WAS TOLD SUCH DAMAGES WERE POSSIBLE. This does not limit your obligation to pay amounts you owe us, or either party's liability for its own fraud, willful misconduct, or anything else that cannot be limited by law.

34. Limitation of liability. TO THE MAXIMUM EXTENT PERMITTED BY LAW, TENFOUR'S TOTAL LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE SERVICE, IN THE AGGREGATE AND WHATEVER THE THEORY, IS LIMITED TO THE FEES YOU PAID TENFOUR IN THE TWELVE MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM. This limit applies even if a remedy fails of its essential purpose. It does not apply to government fees, third-party fees, fines or penalties, which are never TenFour's charges and are never recoverable from TenFour. Each party has priced this agreement in reliance on this section and on section 33.

35. Indemnification. You will defend, indemnify and hold harmless TenFour, its owner and its personnel from any third-party claim, and from any government fine, penalty, assessment or enforcement action, arising out of information or documents you gave us that were inaccurate or incomplete, a filing you reviewed and approved, your operation of your business, your use of the service in breach of section 27, or your failure to take a step that was yours to take. We will tell you promptly about any such claim, let you control the defense with counsel we reasonably approve, and cooperate at your expense. You may not settle anything that admits fault on our part or imposes an obligation on us without our written consent.

36. Time limit on claims. Any claim arising out of or relating to this agreement or the service must be brought within one year after the claim first arose, or it is permanently barred, except where a shorter or longer period is required by law.

Disputes

37. Talk to us first. Before starting arbitration or a lawsuit, send written notice of the dispute to sam@tenfourcompliance.com describing what happened and what you want. We will do the same for a dispute we have with you. Both sides then have 30 days to work it out in good faith. Most things are settled here.

38. Binding arbitration, and your right to opt out. If the 30 days pass without agreement, any dispute arising out of or relating to this agreement or the service will be resolved by final and binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, before a single arbitrator, seated in Harris County, Texas, with each party bearing its own attorney fees unless a statute or the arbitrator says otherwise. The arbitrator decides questions of arbitrability. Judgment on the award may be entered in any court with jurisdiction. Three things are carved out and may go to court: a claim that qualifies for small claims court and stays there; a request for an injunction to protect confidential information or intellectual property; and our action to collect amounts you owe. YOU MAY OPT OUT OF THIS ARBITRATION SECTION by emailing sam@tenfourcompliance.com with the subject line “Arbitration Opt-Out” within 30 days of first accepting these terms. Opting out costs you nothing, changes nothing else in this agreement, and leaves section 40 to govern where a dispute is heard.

39. No class actions. EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, COLLECTIVE, CONSOLIDATED OR REPRESENTATIVE PROCEEDING. The arbitrator may not consolidate claims or preside over any class or representative proceeding. If this section is found unenforceable as to a particular claim, that claim, and only that claim, leaves arbitration and goes to the court named in section 40.

40. Governing law, venue and jury waiver. This agreement is governed by the laws of the State of Texas, without regard to its conflict-of-laws rules. For any dispute not resolved by arbitration, the state and federal courts in Harris County, Texas have exclusive jurisdiction, and both parties consent to that venue and waive any objection to it. TO THE MAXIMUM EXTENT PERMITTED BY LAW, EACH PARTY WAIVES ANY RIGHT TO A TRIAL BY JURY.

General

41. Events outside our control. Neither party is liable for a failure or delay caused by something outside its reasonable control, including a government system outage or policy change, a natural disaster, a strike, war, civil unrest, an epidemic, a utility, internet or hosting failure, or the act or omission of a third-party provider. Where the cause is temporary, performance is suspended for as long as it lasts, and we will tell you what it affects.

42. Assignment. You may not assign this agreement without our written consent, except to a buyer of all or substantially all of your business that assumes it in writing. We may assign it to an affiliate or to a buyer of our business. It binds and benefits each party's permitted successors.

43. Notices. Notices to you go to the email address on your account and are effective when sent. Notices to us go to sam@tenfourcompliance.com, or by mail to TenFour Compliance, 1321 Upland Drive, Suite 11, Houston, TX 77043, and are effective when received. Keep your contact details current; a notice we could not deliver because your details were stale still counts as given.

44. The whole agreement. These terms, together with your order and any written quote, are the entire agreement between us about the service, and they replace anything said or written before. Where a signed custom quote conflicts with these terms, the quote controls for that engagement only. No purchase order, vendor portal term or click-through of yours adds to or changes this agreement, whatever it says.

45. Severability, waiver and headings. If any provision is held unenforceable, it is narrowed to the minimum extent needed to make it enforceable and the rest of the agreement stands. Failing to enforce a provision is not a waiver of it, and a waiver on one occasion is not a waiver on another. Headings are for reading convenience and do not affect meaning.

46. What survives. Sections 13 through 16, 24, and 26 through 46 survive the end of this agreement, along with anything else that by its nature should.

47. Changes to these terms. We may update these terms. The current version is always on this page with the date it took effect. A change that materially reduces your rights applies to you at your next renewal, or 30 days after we email you about it, whichever comes first; if you do not accept it, cancel before then and section 23 governs the refund. Continuing to use the service after that point is acceptance.

48. Questions. Anything here that is unclear: sam@tenfourcompliance.com or (346) 222-1110.