Partner Terms and Conditions

icon - squiggly

THESE TERMS OF SUPPLY IN RESPECT OF ANY SUPPLY OF SERVICES TO 9139249 CANADA INC. D.B.A BUS.COM (“BUS.COM“) UNDER ANY AGREEMENT FORM THAT INCORPORATES THESE TERMS (“FORM” AND, TOGETHER WITH THESE TERMS, THE “AGREEMENT”). TERMS DEFINED IN THE FORM SHALL HAVE THE SAME MEANING IN THESE TERMS. IN THE EVENT OF A CONFLICT THE FORM AND THESE TERMS, THESE TERMS SHALL PREVAIL UNLESS OTHERWISE EXPRESSLY PROVIDED FOR IN A FORM DULY EXECUTED ON BEHALF OF BUS.COM.

OBLIGATIONS (COMPANY)


Order and Services: Upon receipt of a purchase order (“Order” or “Purchase Order”) from Bus.com for the provision of the transportation services set out in that Order (“Services”). If the Company cannot perform the Services on the dates and times indicated on the Purchase Order, the Company shall immediately (and in any event within 24 hours notify BUS.COM in writing that it is unable to provide the requested Services. Supply of Services. The Company agrees to supply to BUS.COM the Services. In supplying the Services, Company covenants and undertakes to:

(a) comply with the terms of the Order accepted by Company and provide the Services strictly in accordance with such Order and otherwise in a professional and workmanlike manner and in accordance with the highest standards within the industry; (b) ensure that all drivers engaged by the Company comply with the BUS.COM’s Policy on Quality and Drivers Obligations set out at Bus Quality Agreement (as updated from time to time) at all times in the course of providing the Services; and (c) comply at all times with the obligations set out in BUS.COM’s Policies and Procedures for Suppliers set out at Bus Quality Agreement(as updated from time to time) at all times in the course of providing the Services.
Compliance with laws, regulations, guidelines and policies. The Company covenants, represents and warrants that, as of the date hereof and at all times throughout the Term:

the Company is registered with the appropriate authorities, regulatory agencies or similar in each and every one of the territories listed in the Form (“Territories”) to provide public transportation services, including without limitation any Services; the Company holds and maintains any and all necessary licenses, certifications and permits required to carry on its business and provide the Services to BUS.COM in each and every one of the Territories;
without limiting the above, where the Territories are across multiple jurisdictions, that the Company holds and satisfies all additional requirements that may be required for any cross-border transportation; and
the vehicles used by Company to provide the Services buses provided to BUS.COM by the Company will be in good working order, safe, and fit to perform the services for which they have been engaged and in compliance with all applicable laws, regulations and industry guidelines Documentation. Upon signing the Form and thereafter on 1 January of each year during the Term (and otherwise immediately upon request by BUS.COM), the Company will prepare and deliver to BUS.COM the following documentation:

Certificate verification that the vehicles used by Company comply with all rules and regulations for the operation of the Services within the Territories, including without limitation, that the drivers have appropriate driver’s licenses to operate a charter bus, and that all vehicles are properly registered, and have sufficient vehicle insurance and that such vehicles are in good working order;

Certification that the Company has completed all such background checks, drug screening, drivers license checks and such other checks on its drivers (and which checks have not indicated any cause of concern) in accordance with good industry practice and such guidelines as Bus.com may issue from time to time;

Such reasonable information about the vehicles that will be used by the Company to perform any Services (e.g. make, model, year, number of each vehicle in fleet) as may be requested by BUS.COM; and

Such other confirmation of registration or compliance with local law as may be required (if any) to operate the Services in the territories where the Service is to be provided.

Conformity of Services. BUS.COM will have the right to reject any charter busses provided by the Company which do not meet the requirements of this Agreement or applicable law or regulations, or which BUS.COM determines, in its sole discretion, to be unsafe or unfit for the Services and for use by BUS.COM customers.  BUS.COM shall also be entitled to reject any drivers or personnel sent by the Company in connection with the Services at its discretion. This Section shall not relieve Company of the obligation to ensure such conformity and compliance.

OBLIGATIONS (VEHICLE & DRIVER)

  • Registered and in compliance with FMCSA and/or provincial operating authority regulations
  • Equipped with emergency response equipment
  • Possesses minimum passenger capacity as identified in contract
  • Possesses all standard and requested amenities in good working condition as identified in contract (including but not limited to: Air Conditioning, heat, storage compartments, bathroom, windows, doors, DVD player, screens, microphone, WiFi, outlets)
  • All garbage or waste bins and tanks emptied prior to departure; seating and aisles are cleared from debris, stains, and are without visible wear; bathroom equipped with toilet paper and hand sanitizer; exterior of bus is clean
  • Sufficiently fuelled to complete maximum leg of passenger journey prior to departure
  • Fully licensed and in compliance with all regulatory bodies required to complete the contracted trip; background checked for criminal record and vulnerable sector
  • Possesses all applicable licensing and registration on person throughout the trip
  • Assigned to a contract a minimum of 24 hours in advance of initial departure
  • Provided with finalized Itinerary, Bus.com Emergency Line, onsite contact, hotel details, parking permits, toll fees (as applicable) as shared by Trip Support or Event Coordinator a minimum of 24 hours in advance of initial departure
  • Adheres to road signage, maximum driving speed limits, and complies with local authorities as necessary
  • Adheres to 15 minutes staging time prior to departure (unless otherwise specified on contract)
  • Has access to a mobile device and accessories capable of receiving and making phone calls hands-free
  • Has access to GPS navigational tool
  • Maintains pleasant and polite manner; communicates professionally with clients as a representative of their respective company and Bus.com
  • Contacts Bus.com Emergency Line (1-855-428-7266 x1) immediately under the following circumstances:
  • Anticipated service delays
  • Bus breakdown and/or mechanical issue
  • Unable to locate passengers or unable to access pick-up address
  • Unable to fulfill remaining contracted service
  • Onsite contact requests a modification to itinerary that affects total hours of service
  • Requests for itinerary changes must be communicated to and authorized by Bus.com via the Emergency Line prior to accommodating the request. Exemption for 15 minute pit-stops for legs exceeding 4 continuous hours, as long as the pit-stops remain in compliance with DOT hours of service.

INSURANCE

Insurance and Certifications (US). The Company shall, at its sole cost and expense, at all times throughout the Term of this Agreement, maintain the following insurance coverage from leading, reputable insurance companies acceptable to BUS.COM where the territories in which the Company operates are in the USA:

General Commercial Liability Insurance with a per occurrence limit of five million United States dollars ($5,000,000 USD), which insures against bodily injury (including death), personal injury, and property damage, including loss of use of property. Commercial Automobile Liability Insurance for owned and non-owned vehicles with a per occurrence limit of five million United States Dollars $5,000,000 USD for personal or bodily injury (including death) and property damage arising out of the use or ownership of all vehicles used by the Company in connection with providing the Services (if such coverage is not included in the Company’s General Commercial Liability Insurance Policy). USDOT Number, which must permit the Company to provide interstate passenger carrier services. If applicable, Workers Compensation insurance.

Insurance and Certifications (Canada).  The Company shall, at its sole cost and expense, at all times throughout the Term of this Agreement, maintain the following insurance coverage from leading, reputable insurance companies acceptable to BUS.COM where the territories in which the Company operates are in Canada:

General Commercial Liability Insurance with a per occurrence limit of five million Canadian dollars ($5,000,000 CAD), which insures against bodily injury (including death), personal injury, and property damage, including loss of use of property. Commercial Automobile Liability Insurance for owned and non-owned vehicles with a per occurrence limit of five million Canadian dollars $5,000,000 for personal or bodily injury (including death) and property damage arising out of the use or ownership of all vehicles used by the Company in connection with providing the Services (if such coverage is not included in the Company’s General Commercial Liability Insurance Policy). Proof of Provincial certification in the Canadian province in which the Company currently operates, as well as the ability to provide the Services across Canada if applicable. If applicable, Workers Compensation insurance.

The insurance required hereunder shall be considered primary and non-contributory insurance and all insurance carried by Bus.com, its agents, employees, and the parties for which it is operating, shall be considered secondary in relation thereto. Concurrently with the execution of this Agreement and at such other times as reasonably requested by Bus.com, Company shall deliver to Bus.com certificates of insurance confirming the existence of the insurance required by this Agreement and which shall endorse 9139249 Canada Inc. d.b.a BUS.COM and its affiliates, officers, directors, representatives, employees, subcontractors and any other party reasonably designated by Bus.com as additional insureds. Nothing contained herein shall be construed as limiting in any way the extent to which Company may be held responsible for payment of damages or other sums to persons or property resulting from Company’s or Company’s representatives’ performance or failure to perform under this Agreement or resulting from any other acts or failure to act on the part of Company. Company shall promptly furnish to Bus.com loss information concerning all claims brought against the Company in connection with the Services. Bus.com may, acting reasonably, increase the insurance requirements at any time during the Term. The foregoing shall not release Company of any of its obligations hereunder. Such loss information shall include the date of the occurrence, the identity of the claimant, the details of the claim and such additional specific facts as Bus.com may reasonably request.