Hitch!
Hitch Inc. 
TERMS AND CONDITIONS


"Hitch" or "we," "us," or "our" refers to Hitch, Inc. as a Payment Service Provider (“PSP”) under the authority of the District Of Columbia Taxicab Commission (DCTC), Title 31 of the District of Columbia Municipal Regulations. "You", “Driver”, or "your" refers to the person or entity that is the customer of record.




PLEASE READ THESE TERMS AND CONDITIONS AND ALL PARTS OF THE AGREEMENT CAREFULLY TO ENSURE THAT YOU UNDERSTAND AND AGREE TO EACH PROVISION.




These Terms and Conditions affect your legal rights and obligations.  


These Terms and Conditions, along with the Payment Service Provider (“PSP”) Terms and Conditions, and terms of services for payment processing products, features, software, and service(s) not otherwise described herein or therein that are posted on applicable Hitch websites or Equipment, and any documents expressly referred to herein or therein, make up the complete agreement (the “Agreement”) between you and Hitch and supersede any and all prior agreements and understandings relating to the subject matter of these Terms and Conditions.  


Conflicting Terms: Where a conflict arises between these Terms and Conditions and any other document in the Agreement, the latest version of the Terms and Conditions shall control.  There may be times when Hitch offers a special feature or deal that has its own terms and conditions that apply in addition to the Agreement. In those cases, the terms specific to the special feature, or deal, control to the extent there is a conflict with the Agreement. This paragraph shall survive termination of the Agreement.




1. SERVICES AND PAYMENT PROCESSING


1.1 Hitch and Your Responsibilities for Services and Payment Processing
Subject to the terms of the Agreement, Hitch will provide you with the services specified in the Agreement, or as otherwise agreed in writing by the parties from time to time (“Service” or “Services”).


You agree to process all credit and debit card payments for Ground Transportation Services (“Payments”) solely through the Hitch Passenger Information Monitor (“PIM”) and Hitch PSP Services. Hitch and you will process these aforementioned Payments in accordance with the Wells Fargo Payment Processing Service Agreement available at www.wellsfargo.com, or applicable merchant services guide specified by Hitch, on the Hitch Website (the “Processing Terms”). You understand that Hitch will not accept any alterations or strike-outs to any part(s) of the Agreement or applicable merchant services guide and, if made, you agree that any such alterations or strike-outs shall not apply.  


You acknowledge and agree that you have reviewed these Terms and Conditions, and the Agreement in its entirety, and reviewed the Processing Terms.  You agree to be bound by all the terms and conditions contained in the Agreement, and the Processing Terms.  You agree to maintain compliance with the Processing Terms, including but not limited to Card Operating Procedures and Card General Terms, and any updates or changes thereto.  


Services may be subject to certain Taxicab Equipment compatibility, and limitations including network availability, coverage, accessibility and data conversion limitations. 


1.2 Limitations On Services


WE DO NOT GUARANTEE YOU UNINTERRUPTED SERVICE.


Actual payment processing speeds depend upon the network, network availability and other factors. 
Service and performance may be interrupted, delayed, or otherwise limited for a variety of reasons, including environmental conditions, unavailability of network connectivity, system capacity, and coordination with other systems, equipment modifications and repairs. 


1.3 Additional Hitch Rights Regarding the Equipment and Services 


Hitch may engage in any reasonable Equipment or Service management practice to enhance customer service, to reduce payment processing cost, and to adapt to advances and changes in technology.




2. TERM COMMITMENT, CHARGES, BILLING AND PAYMENT


2.1 Term Of My Service; Fulfillment of Service Commitment; Rights to Cancel Service and Terminate Agreement


(a) Term of Service. Your Agreement begins on the day you sign the Payment Service Provider (“PSP”) Terms and Conditions and continues through the Term of Service, specified herein as five (5) years (“Service Commitment”). At the end of your Service Commitment (“Initial Term”), unless terminated in accordance with the Agreement, the Agreement will automatically continue on a month-to-month basis. 


(b) Fulfillment of Service Commitment. You have received certain benefits from us in exchange for your Service Commitment, which may include, but are not limited to, Hitch Equipment. There are two alternative ways to fulfill your Service Commitment. You can pay for the Services described in your Agreement for the term of your Service Commitment, or you can terminate your Agreement prior to the end of your Service Commitment and pay an Early Termination Fee. The Early Termination Fee is not a penalty, but rather is an alternative means for you to perform your obligations under the Agreement that partially compensates us for the fact that the Service Commitment was not completed.


(c) Billing. Billing for Equipment and Services will begin on the day we activate your Service.  Please review the entirety of the Agreement for details regarding your bills and statements.


(d) Termination Rights. If you cancel before your Service Commitment ends, you will be subject to the ETF and/or assess a flat $300 processing fee. Upon termination or expiration of the Agreement, you agree to pay Hitch for all Amounts Due including any fees, charges, and other amounts incurred and owed under your Agreement, and you agree to return to Hitch any Equipment or other Hitch products you received from Hitch, or a third party supplier. You are financially responsible for replacing lost or stolen Equipment and for fixing or replacing damaged or broken Equipment.  Therefore, if you fail to return the Equipment, you will be charged for the Equipment according to the Equipment Price List posted at that time on the Hitch Website. You agree that a Restocking Fee, as listed in the most current Deposit/Fee List on the Hitch Website, is not a penalty; as such, this fee may be assessed for any returned Equipment.  After your Service Commitment ends and you are on a month-to-month Agreement, you may terminate your Agreement without incurring an ETF by notifying Hitch in writing. 


(e) Early Termination Fee. The Early Termination Fee (“ETF”) is dependent on how many years you have fulfilled your Service Commitment.  The ETF will be assessed as listed in the most current Deposit/Fee List on the Hitch Website. 


2.2 Hitch’s Rights to Cancel Service(s) and Terminate Agreement


Hitch may terminate the Agreement, or any part of it, by giving you written notice, through your email or mailing address on file with your Hitch account, at least 30 business days prior to the termination of the Agreement, or any part of it.  


To the extent permitted under applicable laws, Hitch may interrupt your Services by any means (including remotely disabling the meter or PIM), terminate the Agreement immediately, or suspend the aforementioned service to you without advance notice and without liability if: 


(1) You breach any provision of the Agreement (including if you fail to pay any charges for Services or Equipment within 30 days of when charge is assessed); 
(2) Hitch suspects fraud or misuse of the Equipment or Services; 
(3) The Equipment or Services are not used in accordance with the Agreement, including the Acceptable Use Policy;
(4) the PIM is not operational; 
(5) Your operating authority or Hitch's operating authority is suspended, revoked, terminated, or not renewed for whatever reason by the DCTC;
(6) You cease to process one or more credit cards accepted by the Hitch PSP Services, unless consented to by Hitch; or
(7) You process such volume of Transactions under the Agreement or take any other actions which, in Hitch’s opinion, indicate that you intend to terminate the Agreement (in whole or in part) or intend to commence processing with another supplier. 


ADDITIONAL REMEDIES. Hitch may impose fees, as listed in the most current Deposit/Fee List on the Hitch Website, including for the Violation of the Acceptable Use Policy Fee, which covers the breach of contract that occurs: (1) if you process credit cards through any other device, equipment, PSP, or service, including but not limited to Square or PayPal and, (2) if you hide the PIM or cover it in any way, or permit anyone else to do so. Without limiting Hitch’s rights under the Agreement, upon the occurrence of any event giving rise to Hitch’s right to terminate the Agreement, Hitch may exercise any one or more of the following remedies: (a) declare the entire amount of the Equipment Balance and any other Amounts Due and corresponding interest rate (if applicable) immediately due and payable as to any or all items of Equipment and Services without demand to you; (b) remotely disable the taximeter connected to the Equipment; (c) suspend any and all services provided under the Agreement; (d) proceed by appropriate court action to enforce performance by you of the applicable covenants of the Agreement or to recover for the breach thereof including the payment of any Amounts Due, or to become due hereunder or thereunder, or any deficiency therefore following disposition of the Equipment; (e) re-enter and take possession of the Equipment wherever situated, without any court order or other process of law and, for such purpose, enter upon any premises without liability for so doing, and sell, lease, sublease or make other disposition of the same in a commercially reasonable manner for your account, applying the proceeds of any such sale, lease, sublease, or other disposition, after deducting all costs and expenses incurred by us in any repossession, recovery, storage, repair, sale, re-lease or other disposition of the Equipment (including but not limited to costs of transportation, possession, storage, refurbishing, advertising and broker’s fees together with all reasonable attorney’s fees and court cost incurred in connection therewith or otherwise resulting from your default, including any at trial, on appeal or any other proceeding), toward the balance due under the Agreement; (f) charge an ETF; and/or assess a flat $300 processing fee; and/or (h) exercise any right or remedy available at law or in equity.  You agree that in any action by Hitch against you to enforce any provision of the Agreement, in which Hitch prevails in whole or in part, Hitch shall be entitled to recover the expense of litigation, collection of amounts awarded and collection of amounts, including but not limited to: attorney’s fees, collections fees, and research and investigation fees.  Hitch shall additionally have the right to collect from you any attorney fees incurred by Hitch in the handling of any administrative or informal disputes with you, if Hitch prevails in the dispute in whole or in part.


If you promptly cure the breach, Hitch may, but is not obligated to, reactivate the Service(s) to you. In such a case, at Hitch’s sole discretion, a Re-activation Charge, as listed in the most current Deposit/Fee List on the Hitch Website, may apply. 


Upon any expiration or termination of the Agreement for any reason, without limiting any part of the Agreement, you agree to: 
a) immediately discontinue all access to, and use of, the Equipment;
b) promptly pay to Hitch all Amounts Due and remaining payable under the Agreement; and 
c) return the Equipment, or at Hitch’s option, permit Hitch to enter your premises and take the Equipment, in substantially the same condition, ordinary wear and tear excepted, as which the Equipment was delivered.


Hitch’s rights under this section are in addition to any specific rights that we reserve in other provisions of the Agreement to interrupt, suspend, modify, or cancel your Services and terminate your Agreement. In the event that Hitch’s operating authority as a Payment Service Provider is suspended, revoked, terminated, or not renewed for whatever reason by the DCTC, Hitch has the right to charge you the applicable ETF and/or assess a flat $300 processing fee. This section shall survive termination of the Agreement; ie: you will remain responsible for any Amounts Due and the Agreement, including but not limited to Sections 2.5 and 2.8, will continue apply to any Amounts Due.


2.3 Conditions Regarding Terms And Rates


You acknowledge and agree that Hitch may change any terms, conditions, eligibility requirements, Rate Plans, features, fees, expenses, policies, or charges regarding the Services at any time. Hitch will provide you with Notice of material changes (other than changes to governmentally imposed fees, whether or not assessed directly to you; proportional charges for governmental mandates; legally required changes; or administrative charges). You understand and agree that governmentally imposed fees, whether or not assessed directly upon you, may be increased based upon the government's or our calculations.


If you lose your eligibility for a particular Rate Plan, Hitch may change your Rate Plan without Notice to one for which you qualify.  


Right to terminate on material change of Terms and Conditions: If Hitch materially changes the Terms and Conditions of the Driver’s Payment Service Providers (“PSP”) Terms and Conditions and you object to that material change in writing to Hitch, at 1133 15th St., NW, 12th Floor, Washington, D.C. 20005, or via email to driver@hitchdc.com within 48 hours of Notice of the material change you may terminate, without prejudice.  In addition, if you terminate your Agreement, you are required to (1) discontinue your use of the Services, (2) return the Equipment and all other Hitch related products or property, in full working order and good condition, to Hitch at 1133 15th St., NW, Washington, D.C. 20005, within 10 days of Notice of the material change.  If you cancel your contract in writing and/or discontinue use of the Services, but do not return the Equipment to Hitch in full working order and good condition within 10 days of Notice of the material change, you will be subject to the Equipment Fees, as listed in the most current Equipment Price List posted at that time on the Hitch Website, and the Early Termination Fee in the Agreement.

Upon termination of the Agreement under this Section 2.3, without limiting any other part(s) of the Agreement, you agree to return to Hitch, in full working order and good condition, the Equipment and all other Hitch related products or property whether provided by Hitch or a third party supplier.  You are financially responsible for replacing lost or stolen Equipment and for fixing or replacing damaged or broken Equipment.  Therefore, if you fail to return the Equipment, you will be charged for the Equipment according to the most current Equipment Price List posted at that time on the Hitch Website. You agree that a Restocking Fee, as listed in the most current Deposit/Fee List on the Hitch Website, is not a penalty; as such, this fee may be assessed for any returned Equipment. 


This section shall survive termination of the Agreement; ie: you will remain responsible for any Amounts Due and the Agreement, including but not limited to Sections 2.5 and 2.8, will continue apply to any Amounts Due.


2.4 Payments and Deposits


You authorize Hitch to disburse, or direct the applicable credit card processor to disburse, to the bank account on file with your Hitch account (“Bank Account”) , an amount equal to the Payments processed by Driver (as logged through the PIN for System Login), minus all Associated Fees, to include: the District of Columbia Taxicab Commission (the “DCTC”) surcharge, any applicable fees for Digital Dispatch Service (“DDS”), and applicable Fees for Hitch Service(s) and Equipment (together “Associated Fees”). 


You agree that Hitch is not liable for any delays in the transmitting or receipt of funds to your Bank Account, errors in credit or debit entries cause by parties including, but not limited to, Hitch, you, or End User’s financial institution.  An ACH Return Fee, as listed in the most current Deposit/Fee List on the Hitch Website, will apply for each ACH Return due to incorrect Bank Account information.  You agree that an Incorrect Banking Information fee may be charge for incorrect Driver banking information or for a change of banking information request.


All payments to you will be provisional and subject to, amongst others, Chargebacks and Hitch’s final audit.  In the case of any Chargeback, you will provide Hitch with a legible receipt, in compliance with the Processing Terms, (“Proof of Transaction”) by email, mail, or fax within seven (7) days following Hitch’s request.  If the funds for the Chargeback are not restored by the Servicer, you will be charged an amount equal to the amount of the Chargeback and a Dispute Fee, as listed in the most current Deposit/Fee List on the Hitch Website, will apply.  


2.5 Bill Payment


Your bill will be due as of the date invoiced. You are responsible for paying all charges for or resulting from Services provided under the Agreement, to include Associated Fees. 


You agree that payment of Amounts Due shall be absolute and unconditional, and shall not be subject to any abatement, reduction, set off, defense, counterclaim, interruption, deferment or recoupment for any reason whatsoever.  


2.6 Bill Calculation


Usage and monthly fees will be billed as specified in your Rate Plan.  Your eligibility for a particular Rate Plan is based on your Fleet Association; you agree that the fee’s currently reflected in your driver statement (“Rate Plan”) are hereby incorporated into the Agreement. 


Except as provided herein, monthly fees and certain other charges may be billed in advance, and there is no proration of such charges if Service is terminated. You agree to pay for all Services used with your Equipment.


All Trip Fee’s begin for all trips when you press “meter on” (or similar button) on your meter.  SERVICE CHARGES APPLY TO ALL METER FARES, INCLUDING TEST FARES AND INVOLUNTARILY TERMINATED FARES. The fact that the meter was turned on is evidence that the fare was authorized and applicable fees apply. Hitch is not responsible for any malfunction of your “meter on” or “meter off” (or similar buttons).


If your Rate Plan includes a predetermined allotment of, or Monthly Minimum for, Services, any unused allotment of Services or trips over the Monthly Minimum from one billing cycle will not carry over to any other billing cycle. We may bill you in a format as we determine from time to time. 


Billing of DCTC Surcharges, other Associated Fees, and other Services may occasionally be delayed. Such fees or charges may appear in a later statement or billing cycle, will be deducted from Monthly Minimums or other Services requirements for the month when the usage is actually billed, and may result in additional charges for that month. 


You remain responsible for paying your monthly Service fees and Monthly Minimums if your Service is suspended for nonpayment. We may require payment by money order, cashier's check, or a similarly secure form of payment at our discretion.


2.7 Account and Bill Disputes


For any adjustments that you believe should be made regarding any credits or debits to your account, you must notify Hitch within fourteen (14) days after any debit or credit is or should have been affected, otherwise any debits or credits shall be made at Hitch’s discretion and at your expense for any research required to verify such adjustment.


IF YOU DISPUTE ANY CHARGES ON YOUR BILL, YOU MUST NOTIFY US IN WRITING AT HITCH BILL DISPUTE, 1133 15th St., NW, 12th Floor, Washington, D.C., 20005 WITHIN 30 DAYS OF THE DATE OF THE BILL OR YOU’LL HAVE WAIVED YOUR RIGHT TO DISPUTE THE BILL AND TO PARTICIPATE IN ANY LEGAL ACTION RAISING SUCH DISPUTE.


2.8 Advance Payments And Deposits


We may require you to make deposits or advance payments for Services, including DCTC surcharges, which we may offset against any unpaid balance on your account. Interest will not be paid on advance payments or deposits unless required by law. 


You authorize Hitch to withhold and maintain a Reserve Fund, as listed in the most current Deposit/Fee List on the Hitch Website, to cover the District of Columbia Taxicab Commission (the “DCTC”) required $0.25 cents-per-ride surcharge and other fees that may accumulate in excess of amounts payable by Hitch to you.


2.9 Failure To Pay Hitch Bill When It Is Due


You agree that in the event that you incur a negative balance (ie: due to negative adjustments exceeding the settlement proceeds for a particular period) Hitch may, at its sole discretion and without notice: (1) invoice you for any Amounts Due and collect these amounts as immediately due and payable, (2) terminate the Agreement, and/or (3) disable taximeter.  


A Nonpayment Deactivation Fee, as listed in the most current Deposit/Fee List on the Hitch Website, shall apply each time Hitch disables the taximeter due to your nonpayment of amounts owed to Hitch. Any portion of any Equipment Balance or Amounts Due hereunder, that is not paid when due, will accrue interest at one and one half percent (1.5%) per month (18 percent per year), or the maximum rate permitted by Applicable Law, whichever is less, from the due date until paid. 


You consent to the issuance of a continuing lien and writ of garnishment or attachment against your earnings, if permitted by law, in order to satisfy, in whole or in part, any amounts due to Hitch.


You expressly authorize, and specifically consent to allowing, Hitch and/or its outside collection agencies, outside counsel, or other agents to contact you in connection with any and all matters relating to unpaid amounts owed by you to Hitch (“Amounts Due”), which include but are not limited to: monthly fees including Equipment Fee (or Equip Fee) and Wireless Service; Monthly Minimum service charges assessed; DCTC surcharge payments ; PSP Fee; all Trip Fees; Credit Card Processing Fee; Early Termination Fee, Re-activation Charge, Incorrect Banking Information fee; and any late fees due to an unpaid account balance. You agree that, for attempts to collect unpaid past due charges, such contact may be made to any mailing address, telephone number, cellular phone number, e-mail address, or any other electronic address that you have provided, or may in the future provide, to Hitch. You agree and acknowledge that any e-mail address or any other electronic address that you provide to Hitch is your private address and is not accessible to unauthorized third parties. For attempts to collect unpaid charges, you agree that in addition to individual persons attempting to communicate directly with you, any type of contact described above may be made using, among other methods, pre-recorded or artificial voice messages delivered by an automatic telephone dialing system, pre-set e-mail messages delivered by an automatic e-mailing system, or any other pre-set electronic messages delivered by any other automatic electronic messaging system.


You authorize Hitch or its agents/representatives to collect payments to Hitch, Inc. of the Amounts Due by: A) offset against revenue owed to driver; and B) from time to time draw drafts or ACH debits on the account maintained by Driver, at the financial institution named on file with Driver’s account at Hitch.  You agree that: 1) Hitch shall incur no liability whatsoever if the balance in driver’s institution is insufficient to cover any draft upon presentation; 2) The cancelled draft, bank debit memo, or monthly account statement will constitute a receipt for the payment; 3) This authorization shall continue in effect unless and until terminated by either Hitch or you by written notice to the other party. Written notice to Hitch is to be made by mail to 1133 15th St. NW, 12th Floor, Washington, D.C. 20005, and be received at least five (5) days prior to the proposed effective date of the termination of authorization. In addition, Hitch may terminate the entire PSP agreement immediately if any draft or ACH debit is not paid upon presentation. You explicitly authorize ACH debits transmitted to your account by and payable to the order of Hitch Inc., Washington, D.C. You agree that Hitch’s rights in respect to such draft shall be the same as if it were a draft drawn on or ACH debits transmitted to Hitch and signed personally by you. 


2.10 Bounced Payment


Any payments made to Hitch (including check and credit card charge backs) returned unpaid for any reason will be subject to a Returned Payment Charge, as listed in the most current Deposit/Fee List on the Hitch Website, (depending on Applicable Law).


2.11 Who Can Access My Account and for What Purpose?


You authorize us to provide information about and to make changes to your account, including new or extended Service Commitments and the purchase or update of fees for Equipment and/or Services, upon the direction of any person able to provide information we deem sufficient to identify you. In addition, you may designate individuals who are authorized to make certain changes to your account (“Authorized Users”). You are responsible for all changes made by such Authorized Users, including new or extended Service Commitments and the purchase of or update in fees for Equipment or Services. You consent to the use by us or our authorized agents of regular mail, predictive or autodialing equipment, email, text messaging, facsimile or other reasonable means to contact you to advise you about our Services or other matters we believe may be of interest to you. In any event, we reserve the right to contact you by any means regarding customer service-related notifications, or other such information.


3. EQUIPMENT AND TERMS RELATING TO YOUR EQUIPMENT


3.1 Hitch Equipment


The equipment provided by Hitch includes: the device(s) used by End Users to pay for Ground Transportation Services and view Content Services (a “PIM”), driver information monitor (“DIM”), driver keypad, mounting brackets, GPS antenna, Breakout Box, any other equipment ordered by or installed for you by Hitch or a Hitch approved installation location, and/or otherwise provided by Hitch hereunder (“Equipment” or “Hitch Equipment”).  You agree not to use any part of the Equipment for any purpose other than in accordance with the Agreement.  Hitch is not responsible nor liable for the installation of the Equipment.  


You agree that you will not make any modifications to your Equipment or its programming to enable the Equipment to operate on any other system. Hitch may, at its sole and absolute discretion, modify the programming to enable the operation of the Equipment on other systems.


3.2 Taxicab Equipment


You agree to provide and maintain all other equipment required to operate the Equipment including but not limited to: power supply wire with molex connector, connector cables, compatible smart taxi meters, 16 to 24 gauge (2 amps at 12 volts), receipt printers, ink, and receipt paper (“Taxicab Equipment”). Your Taxicab Equipment must be compatible with, and not interfere with, our Equipment or Services and must comply with all Applicable Laws, rules, and regulations. You must maintain operational taxicab equipment, which is compatible with the Hitch Equipment.


Taxicab Equipment must be configured pursuant to Hitch’s specifications, and compliant with the Hitch Technology. We may periodically program your Equipment or Taxicab Equipment remotely with system updates and any features that cannot be changed manually.


Without limiting any part of the Agreement, the meter must remain programmed in such a way that it will check to see if the PIM is working before it can turn itself on.


You are solely responsible for complying with the District of Columbia Taxicab Commission and applicable Federal and State laws and regulations with regard to your Taxicab Equipment and operation of a taxicab. 


3.3 Lost Or Stolen or Damaged Equipment


Upon installation of the Equipment, you bear all risk of loss, damage, theft, or destruction to each item, in whole or part, of the Equipment. No such loss, damage, theft or destruction shall impair your obligations under the Agreement, all of which shall continue in full force and effect. Therefore, you remain financially responsible for and shall continue to make all payments due pursuant to the Agreement and, except for ordinary wear and tear, without limiting any part of the Agreement, you are responsible for the cost of repair or replacement, as directed by Hitch, of lost or damaged Equipment.  


For replacing lost or stolen or damaged equipment, you agree to the Equipment Price List, posted on the Hitch Website at the time you report your Equipment lost, stolen or damaged.  You authorize Hitch to charge and collect the full price listed therein for each lost, stolen, or damaged equipment items.  Any replacement Equipment or goods will be subject to the same terms and conditions of the Agreement.




3.4 Equipment Insurance


“Equipment Insurance” provides a set amount of insurance coverage for lost, stolen, damaged and out of warranty malfunctions. Enrollment must occur within 30 days of activation of your Equipment. Key terms include: 1) A Monthly Premium (as listed in the most current Deposit/Fee List on the Hitch Website) of per Equipment enrolled; 2) Each approved replacement is subject to a Non-Refundable Deductible (as listed in the most current Deposit/Fee List on the Hitch Website); 3) Claims are limited to 2 within any consecutive 12 months with a maximum Total Equipment Value, as listed in the most current Deposit/Fee List on the Hitch Website, per occurrence; 4) Replacement devices may be new or remanufactured and/or a different model. These “Equipment Insurance Terms and Conditions” are subject to change, by updating this posting.


3.5 Ownership And Proprietary Rights


You waive any rights you may have in and to the Equipment or the rights of levy or seizure thereon, unless you have paid the full purchase price of the Equipment.  No title to any such Equipment, or any software or intellectual property contained therein, shall pass to you, unless you have paid the full purchase price of the Equipment.  Hitch reserves all rights not expressly granted, and, as between Hitch and you, Hitch owns all intellectual property rights, titles, and interests, including all patent, copyright, trade secret, trademark, moral rights, mask work rights, and other intellectual property rights in and to the Equipment.  Unless you have paid the full purchase price of the Equipment, the Equipment is offered for lease and leased on the condition that you do not convey any license, express or implied, under any patent or other intellectual property right of Hitch, and all such rights are reserved.  Any and all additions to or replacements of the Equipment and all parts thereof shall: 1) be included in the term “Equipment” as used in the Agreement, 2) be property of Hitch, and 3) be subject to the terms of the Agreement.


You assign all advertising rights to Hitch. All data gathered from or through the Equipment and/or Service(s) is owned by Hitch, and such data may be used by Hitch for any lawful purpose. 


This section shall survive termination of the Agreement.




4. TERMS RELATING TO THE USE AND LIMITATIONS OF SERVICE


To the extent permitted under applicable laws, you release Hitch from any liability related to: (a) the PIM or payment processing thereon; (b) any loss or damage caused by the use of the PIM; (c) any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, the PIM; and (d) any and all third-party losses, liabilities, costs (including reasonable attorneys’ fees) or damages from any third party claim, including any death, personal injury or property damage.  If applicable, you hereby waive California Civil Code §1542. 


EXCEPT AS OTHERWISE EXPRESSLY WARRANTED IN THE AGREEMENT, THE EQUIPMENT, HITCH TECHNOLOGY, HITCH CONTENT, AND ANY OTHER MATERIALS, SOFTWARE, DATA, AND/OR SERVICES PROVIDED BY HITCH ARE PROVIDED “AS IS” AND “WITH ALL FAULTS.”  NEITHER PARTY MAKES, AND EACH PARTY HEREBY WAIVES AND DISCLAIMS, ANY REPRESENTATION, WARRANTY, OR CONDITION, WHETHER WRITTEN, ORAL, EXPRESS, IMPLIED, OR STATUTORY, REGARDING THE AGREEMENT, ANY SERVICES, SOFTWARE, GOODS, OR THE TRANSACATIONS CONTEMPLATED THEREBY, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNRESS FOR A PARTICULAR PURPOSE, SUITABILITY, SECURITY, ACCURACY, PERFORMANCE, SYSTEM INTEGRATION OR NON-INFRINGEMENT OR IMPLIED WARRANTIES ARISING OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. IN NO EVENT SHALL HITCH HAVE ANY RESPONSIBILITY FOR THE TAXICAB EQUIPMENT, REGARDLESS OF HOW SUCH EQUIPMENT IS CONNECTED WITH THE HITCH EQUIPMENT OR HITCH TECHNOLOGY.  UNLESS PROHITIBTED BY LAW, OR OTHERWISE EXPRESSLY WARRANTED IN THE AGREEMENT, NEITHER PARTY WILL BE LIABLE TO THE OTHER FOR ANY INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR INDIRECT LOSSES OR DAMAGES FOR ANY CAUSE OF ACTION, WHETHER IN CONTRACT, TORT OR OTHERWISE. CONSEQUENTIAL AND INDIRECT DAMAGES INCLUDE LOST PROFITS, LOST REVENUE, AND LOSS OF BUSINESS OPPORTUNITY OR GOOD WILL OR CLAIMS OF PERSONAL INJURIES, WHETHER OR NOT THE APPLICABLE PARTY WAS AWARE OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF THESE DAMAGES. 


IN NO EVENT SHALL HITCH BE LIABLE, WHETHER OR NOT DUE TO ITS OWN NEGLIGENCE, FOR ANY:
a) act or omission of a third party;
b) mistakes, omissions, interruptions, errors, failures to transmit, delays, or defects in the Services or Software provided by or through us;
c) damage or injury caused by the use of Services, Software, or Equipment;
d) claims against you by third parties;
e) damage or injury caused by a suspension or termination of Services or Software by Hitch; or
f) damage or injury caused by failure or delay in activating the emergency or safety button or connecting to 911 or any other emergency service.


To the full extent allowed by law, you hereby release, indemnify, and hold Hitch and its officers, directors, employees and agents harmless from and against any and all claims of any person or entity for damages of any nature arising in any way from or relating to, directly or indirectly, service provided by Hitch or any person's use thereof (including, but not limited to, vehicular damage and personal injury), INCLUDING CLAIMS ARISING IN WHOLE OR IN PART FROM THE ALLEGED NEGLIGENCE OF HITCH, or any violation by you of the Agreement. This obligation shall survive termination of your Service with Hitch. Hitch is not liable to you for changes in operation, equipment, or technology that cause your Equipment or Software to be rendered obsolete or require modification.


This section shall survive termination of the Agreement.


4.1 Acceptable Use Policy


Hitch can revise its Acceptable Use Policy at any time without Notice by updating this posting.


Acceptable Use Policy


You agree to not perform for yourself or obtain from any third party any services that are similar to, or competitive with Hitch. You shall not process credit cards through any other device, equipment, PSP, or service, including but not limited to Square or PayPal. You shall cooperate with Hitch including with Hitch’s performance of DCTC PSP reporting requirements including DCTC surcharge collection and remittance. Without limiting any section of the Agreement, the meter must remain programmed in such a way that it will check to see if the PIM is working before it can turn itself on.


Services may only be used for permitted activities.  You agree to use Hitch’s Service(s) only for the permitted activities and not for any prohibited activities.


LOCATION OF EQUIPMENT.  The PIM must be installed in a Hitch-approved location, as defined in the Acceptable Use Policy.  A Hitch-approved location is hereby defined as the back of headrest, or between front seats on a standard car. You must not hide the PIM or cover it in any way, or permit anyone else to do so. You must not disparage or discourage the use of the PIM or Payment Processing Services by End Users in any way, including but not limited to signage that prohibits use or indicates that you are charged for such use.


CARE AND USE. You shall use and handle the Equipment in a careful and proper manner, in compliance with all Applicable Laws and regulations and any maintenance instructions provided by Hitch.  You, at your sole cost and expense, are responsible for keeping the Equipment in good condition, repair, appearance and working order for the purposes intended, ordinary wear and tear excepted, and shall be responsible for replacing any part of the Equipment as may from time to time become excessively worn out, lost, stolen, destroyed or damaged or unfit for use, in accordance with the Agreement.  Without the prior written consent of Hitch, you are not permitted to make any alterations, modifications or attachments to the Equipment. Upon termination, you must bring your taxicab to Hitch, or a uninstallation location approved by Hitch in writing, to have the Equipment uninstalled, at your expense.  The Equipment must be returned to Hitch in the same condition as such Equipment was originally received, ordinary wear and tear excepted.


PROHIBITED ACTIONS. Unless expressly permitted in writing by Hitch, you may not and shall not: (a) establish a minimum or maximum amount as a condition for End User's use of the PSP Services; (b) add any surcharge to a Transaction for the use of the PSP Services; (c) separately process as a Transaction the amount of any applicable taxes; (d) submit to the PSP Services a Transaction that was previously returned as a Chargeback; (e) permit the use of the PSP Services for payment of any debt owed to a third-party by Driver or End User, or to Driver by a third-party or End User, other than for Ground Transportation Services; or (f) promote any service, tool, or application competitive with company’s booking products or PSP Services.


OPERATIONS. You will: (a) maintain all connections that Hitch requires for the proper functioning of the Services; (b) routinely cause the Equipment to go to a WiFi access point to receive any update or upgrade, to the Equipment or Software that Hitch makes available, as and when notified by Hitch; (c) ensure that the Equipment has reliable broadband connectivity to the internet at all times; and (d) manually install all updates to the Hitch Technology that are not delivered wirelessly.  You acknowledge and agree that certain functions of the Payment Processing Services may not be available if you does not provide and maintain operational and compatible Taxicab Equipment.


MAINTENANCE. You agree to provide reasonable assistance to Hitch to enable Hitch to reproduce and identify the cause of reported problems. All required alterations, modifications and repairs to the Equipment must be performed by Hitch, or a third-party authorized in writing in advance by Hitch, on a time and materials basis at your expense. Without limiting the foregoing, Lessee shall not permit any PIM installed to remain in a non-functional state for more than two (2) business days without notifying Hitch thereof.


The Acceptable Use Policy shall survive termination of the Agreement.




4.2 Use of the Software


The software, interfaces, documentation, data, and content provided for your Equipment as may be updated, downloaded, or replaced by feature enhancements, software updates, system restore software or data generated or provided subsequently by Hitch (“Software”) is licensed, not sold, to you by Hitch and/or its licensors/suppliers for use only on the Equipment. Your use of the Software shall comply with its intended purposes as determined by us, all applicable laws, and Hitch’s Acceptable Use Policy contain herein.


You are not permitted to use the Software in any manner not authorized by the Agreement. You may not (and you agree not to enable others to) copy, decompile, reverse engineer, disassemble, reproduce, attempt to derive the source code of, decrypt, modify, defeat protective mechanisms, combine with other software, or create derivative works of the Software or any portion thereof. You may not rent, lease, lend, sell, redistribute, transfer or sublicense the Software or any portion thereof. You agree the Software contains proprietary content and information owned by Hitch and/or its licensors/suppliers.


Hitch and its licensors/suppliers reserve the right to change, suspend, terminate, remove, impose limits on the use or access to, or disable access to, the Software at any time without notice and will have no liability for doing so. You acknowledge Hitch’s Software licensors/suppliers are intended third party beneficiaries of this license, including the indemnification, limitation of liability, disclaimer of warranty provisions found in the Agreement.




5. OTHER TERMS AND CONDITIONS


5.1 Your Information


You are required to provide us with accurate information.  You are required to keep all car, banking, and contact information, (including your direct deposit account numbers, phone number and mailing and email address, PVIN, Face ID, driver’s license information, license plate number, and fleet information) current and to notify us immediately of any change.  You are required to provide us with a voided check with your current banking information.  If you do not provide accurate or up-to-date banking information, we are not responsible for any monies which are sent to your Bank Account but which you do not receive.


5.2 Severability


If any provision of the Agreement, or portion thereof, is found to be unenforceable for any reason by a court or agency of competent jurisdiction, such provision shall be construed to have been adjusted to the minimum extent necessary to cure such invalidity or unenforceability and such invalidity or unenforceability shall not have the effect of rendering any such provision invalid or unenforceable in any other case, circumstance or jurisdiction, or of rendering any other provision of the Agreement invalid or unenforceable whatsoever.


5.3 Assignment; Governing Law; Construction


(a) Assignment: Hitch may assign the Agreement, but you may not assign the Agreement without our prior written consent.  You may not sell, assign, lease, sublease or rent the Equipment, or remove the Equipment from its place of installation, without obtaining Hitch’s prior written consent in each case.  Your interest in the Equipment under this Agreement may not be assigned or transferred by operation of law.  


(b) Governing Law: The Agreement will be governed by the laws of the District of Columbia, without regard to its choice of laws provisions. This section shall survive termination of the Agreement.


(c) Construction: The headings in the Agreement are inserted for convenience and shall not affect the meaning or interpretation of the Agreement. Any rule of construction to the effect that ambiguities are to be resolved against the drafting party will not be applied in the construction or interpretation of this Agreement


6. Additional Definitions
1. “ACH Return” means an Automatic Clearing House rejection of a transaction.
2. “Applicable Law” means: (a) any U.S. federal, state, local or other law or statute; (b) any rule or regulation, including the by-laws, operating rules, regulations and guidelines and technical standards promulgated by any payment processing agent as amended from time to time; and (c) any judicial, governmental, or administrative order, judgment, decree or ruling, in each case as applicable to either you or Hitch or transactions contemplated by the Agreement. 
3.  “Chargeback” means a reversal of a credit card payment in which the credit card issuer or credit card payment provider: (a) credits the amounts charged to the credit card account of an End User in connection with the Payment Processing Services, after the End User successfully disputes the transaction; and/or (b) deducts such amounts from the account established with the credit card issuer or credit card payment provider for the benefit of Hitch, regardless of whether the credit is processed with consent.
4. “Hitch Technology” means the proprietary technology platform that Hitch uses and any related or other software, technology, and hardware that is used for the operation of any of the Payment Processing or Services, including the Cashiering Interface and any software embedded in Equipment.
5. “Content Services” means the content and advertising procurement and placement services provided by Hitch to enable content to be displayed on the PIM.
6. “End User” means a third-party end user of the Ground Transportation Services who accesses and uses the Equipment for Payment Processing Services. 
7. “Fleet” means a grouping of motor vehicles, which operate under the same ownership or association.  If you have identified yourself as an “Independent” then, the term Fleet shall refer to your status as an “Independent”.
8. “Fleet Association” means the Fleet with which you identify (“Your Fleet”), if that Fleet has signed a Hitch Master Services Agreement.  If Your Fleet did not sign a Hitch Master Services Agreement or you are not part of a Fleet, your Fleet Association will be considered as “Independent” and the terms and Rate Plan of the Agreement shall be those of a driver with a Fleet Association of Independent.
9. “Ground Transportation Services” means the car-for-hire services, including taxi, limo, sedan, and shuttle services, operated or provided by you.
10. “Hitch Service Center” are those posted from time to time on the Hitch website at www.hitchdc.com.
11. “Notice”: means information posted to the Hitch Website, emailed to you, and/or delivered to a Hitch Service Center. Additionally, you are considered to be notified by the appearance of a change reflected in you statement. These forms of notice will be considered legally sufficient assurance that actual knowledge of the matter has been conveyed to you.  
12. “Payment Processing Services” means the services described in the Agreement that enable communication between the PIM and the billing platform that Hitch uses to accept and process payment from End Users for Ground Transportation Services via credit cards and online debit cards issued by Visa, MasterCard, Discover, and American Express. 
13. “PSP Services” means the services described in the Agreement. 
14. “Proof of Transaction” means the taximeter or manual receipt signed by the cardholder, or as required by the Processing Terms.
15. “Servicer” means the bank or processor of the credit card transactions.  
16. "Transaction" means the processing of a payment from the End User through the Hitch Payment Processing Services.

Appendix A:

 

Equipment Price List:

Equipment

Unit Price

PIM

$900

GPS

$150

Key Pad

$100

Breakout Box

$300

Cables

$150

Modem

$50

Bracket

 

Between Seats – with Bracket Arm

$100

Back of Headrest

$50

 

Total Equipment Value: $1750

List of Fees:

    • Restocking Fee: $100
    • Re-activation Charge: $50
    • Paper Bill’s or Statements: $5 per bill or statement request or $25/mo for a monthly mailing of all statements and bills for that calendar month.[1]
    • Incorrect Banking Information: $50
    • Reserve Fund: $50
    • Nonpayment Deactivation Fee: $50
    • Return Payment Charge $50
    • ACH Return Fee: $50
    • Dispute Fee: $25
    • Violation of the Acceptable Use Policy Fee:  $50
    • 1099 Processing Fee (Rental Drivers): $50/year
    • 1099 Processing Fee (Owner Drivers): $40/year
    • DTS Integration/admin (one time) Fee: $40
    • Wireless Fee (owners only, $20/month, billed twice a year): $120
    • Emergency Call Center Fee: $50/year
    • ACH Fee (owners only, billed once a year): $36
    • Rental Account Fee (rental drivers only, billed once a year): $50
    • The Early Termination Fee (“ETF”):

    a)     $500 if less than one year of your Service Commitment;

    b)     $450 if less than two years of your Service Commitment;

    c)     $400 if less than three years of your Service Commitment;

    d)     $350 if less than four years of your Service Commitment;

    e)     $300 if less than five years of your Service Commitment.

  • Equipment Insurance:

      Monthly Premium – as indicated in your Payment Service Provider “PSP” Terms and Conditions.

      Non-Refundable Deductible - $400, unless a different amount is listed in your Payment Service Provider (“PSP”) Terms and Conditions



[1] To receive a paper bill or statement, you must expressly request so in writing to 1133 15th st., NW, 12th Floor, Washington D.C. 20005.



If you have any questions or concerns about your Hitch Service, please call Customer Care at 202-810-4482 or email driver@hitchdc.com.
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