TERMS OF SERVICE
Effective Date: October 2023
Welcome to Skylink Dispatch Services. These Terms of Service ("Terms") govern the relationship between Skylink ("Dispatcher", "we", "us") and the Motor Carrier ("Carrier", "you"). By utilizing our dispatching services, you agree to comply with and be bound by these terms.
1. NATURE OF SERVICES
Skylink acts solely as an Administrative Agent for the Carrier. We are not a Freight Broker, and we do not take possession of cargo.
- Our Role: We locate freight, negotiate rates, complete broker setup packets, and submit rate confirmations on your behalf.
- Your Role: You make the final decision to accept or reject any load. You are responsible for the physical transport of the goods.
2. CARRIER REQUIREMENTS
To use our services, the Carrier must maintain the following at all times. Failure to maintain these may result in immediate termination of services:
- Authority: An active MC/DOT number with the FMCSA.
- Insurance: A minimum of $1,000,000 Auto Liability and $100,000 Cargo Insurance.
- Safety Rating: A safety rating of "Satisfactory" or "None" (Conditional carriers may be subject to limited load availability).
- Equipment: Properly maintained equipment compliant with DOT regulations.
3. SERVICE FEES & PAYMENTS
Our service fees are agreed upon in your specific Dispatch Carrier Agreement (typically a percentage of the gross line haul).
- Invoicing: We invoice you weekly based on loads delivered.
- Payment Methods: We accept credit cards, bank transfers, or direct deduction via factoring partners.
- Non-Payment: Failure to pay dispatch fees may result in a suspension of services and reporting to credit bureaus or factoring companies.
4. LIMITATION OF LIABILITY
Read Carefully: Skylink is not responsible for:
- Cargo Claims: Any loss, damage, or theft of cargo is the sole responsibility of the Carrier.
- Non-Paying Brokers: While we run credit checks, Skylink is not liable if a broker or shipper fails to pay the Carrier.
- Fines & Citations: Any traffic violations, DOT fines, or overweight tickets incurred by the driver.
5. INDEMNIFICATION
The Carrier agrees to indemnify and hold harmless Skylink Dispatch Services, its agents, and employees from any claims, lawsuits, or damages arising out of the Carrier’s operations, negligence, or breach of this agreement.
6. NON-EXCLUSIVITY
Unless otherwise stated in a separate contract, this is a non-exclusive agreement. You are free to find your own loads or use other dispatch services. However, you agree not to "back-solicit" brokers we introduce you to for a period of 12 months.
7. TERMINATION
Either party may terminate this relationship at any time with written notice (email or text). There are no cancellation fees for terminating the service, provided all outstanding invoices for loads already booked have been paid.
8. GOVERNING LAW
These Terms shall be governed by the laws of the State of [Your State], without regard to its conflict of law provisions. Any disputes arising from these terms shall be resolved through binding arbitration in [Your City].
9. CONTACT INFORMATION
If you have questions regarding these Terms of Service, please contact our legal team:
Updates to These Terms of Service
We reserve the right to modify or update these Terms of Service at any time to ensure ongoing compliance with state and federal transportation regulations. As a responsible administrative dispatch agent, we align our overarching operational guidelines with the standards set forth by the Federal Motor Carrier Safety Administration (FMCSA).
As a partnered motor carrier, it is your responsibility to review these Terms of Service periodically. Any continued use of our freight dispatching services after modifications are posted constitutes your full acceptance of the updated Terms of Service. To fully understand how your business data is protected in conjunction with this agreement, please also review our official Privacy Policy.
If you have any legal questions or concerns regarding the obligations outlined in these Terms of Service, please reach out to our support team for clarification before booking your next load.