BUnited Compliance Policy

Thank you for choosing BUnited to service your driver file compliance needs the below will Define the requirements for both BUnited Services and the client:

BUnited Services Will be responsible for providing the following to the carrier:

  1. Ensuring that the client understands the online system.

  2. Assisting with monitoring expiring items and sending reminder emails to the representative

If client is enrolled in drug and alcohol program BUnited Services will be responsible for the following:

  1. Enrolling the driver in a random drug and alcohol screening pool

  2. Monitoring the Pool to Ensure it remains DOT compliant 50% Urine 10% Alcohol

  3. Communicating with carrier / client Within 24 hours of drug screening results

  4. Ordering any out-of-cycle drug screening test at the request of the client

  5. Reporting all POSITIVE drug or alcohol screening results to the Clearing House Immediately if requested by the owner of the company

Carrier / Client will be responsible for the following:

  1. Review the Motor Vehicle Report to ensure the driver meets DOT requirements. Once completed the carrier will be responsible for signing off that they reviewed the report.

  2. Review the PSP report to ensure the driver meets DOT requirements. Once completed the carrier will be responsible for signing off that they reviewed the report.

  3. Review the CDLIS report to ensure the driver meets DOT Requirements. Once completed the carrier will be responsible for signing off that they reviewed the report.

  4. Review the drug and alcohol Clearinghouse report to ensure the driver meets DOT requirements. Once complete the carrier will be responsible for signing that they reviewed the report.

  5. Review the previous employers last three years of safety performance history and ensure that it meets. Requirements once completed the carrier will be responsible for signing that they reviewed the report.

  6. Inquiries for previous employers within the last 3 years

  7. Safety performance history investigation within the last 3 years

  8. Carrier will be responsible for ensuring once the driver is scheduled for a pre-employment drug screening or a random drug screening that the driver reports to the facility within the allotted time to complete screening.

  9. If the carrier has any suspicion and would like an off-cycle drug screening test completed, the carrier should send that request via email to compliance@boykinsunited.com

  10. You are required to keep an updated email address and phone number on file at all times.

  11. You are required to keep an updated list of all drivers on file.

BUnited Services cannot be held responsible for any documents not viewed correctly by the carrier resulting in DOT violations or loss of funds.

Support Services:

So long as the Customer has not lapsed in the payment of the Fees, BUnited Services shall provide customer service to Customers via e-mail and phone to answer questions about our Services. Normal customer service hours are 9:00 a.m. to 5:00 p.m. EST.

  1. E-mail Communication. The Customer agrees that all agreements, notices, disclosures and other communications will be provided to the Customer electronically and will satisfy any legal requirement that such communications be in writing. The Customer agrees to keep BUnited Services updated on any change to their preferred e-mail address.

  2. Wireless Phone Policy. By providing their wireless phone number to BUnited Services, the Customer expressly gives BUnited Services consent to call them at this phone number..

c. Compliance Responsibility; No Legal Advice. Customer acknowledges that BUnited Services will not render any opinions regarding Consumer Report content, and Customer shall base its screening processes, Client Criteria (if applicable) and decisions on its own policies, procedures and review of applicable Laws. Any consultation, training and/or sample forms (e.g., disclosure and authorization forms, and pre-adverse and adverse action notices) provided by BUnited Services are provided for informational purposes only, and not for the purpose of providing legal advice and/or Customer`s reliance. CUSTOMER ACKNOWLEDGES THAT IT IS SOLELY RESPONSIBLE FOR, AND FOR CONSULTING ON AN ONGOING BASIS WITH ITS OWN LEGAL COUNSEL FAMILIAR WITH CUSTOMER`S LEGAL/REGULATORY OBLIGATIONS RELATED TO, THE COMPLIANT PROCUREMENT AND USE OF CONSUMER REPORTS AND OTHER SERVICES OBTAINED PURSUANT TO THIS AGREEMENT INCLUDING, WITHOUT LIMITATION (AND COLLECTIVELY DEFINED AS “CUSTOMER COMPLIANCE OBLIGATIONS”): FULFILLING ITS COMPLIANCE OBLIGATIONS IN THIS AGREEMENT; ENSURING THAT ITS DISCLOSURE AND AUTHORIZATION FORMS AND PROCESSES, CLIENT CRITERIA APPLICATION GUIDELINES AND

PROCESSES, PROFESSIONAL REFERENCE QUESTIONS AS PREPARED OR REQUESTED BY CUSTOMER, PRE-ADVERSE ACTION AND ADVERSE ACTION NOTICE FORMS AND PROCESSES, AND ALL OTHER PAPERWORK AND FORMS UTILIZED BY OR ON BEHALF OF CUSTOMER IN ITS HIRING AND APPLICANT SCREENING PRACTICES ARE APPROPRIATE FOR ITS USE AND IN COMPLIANCE WITH ALL APPLICABLE LAWS. CUSTOMER SHALL NOT ASSERT ANY CLAIM AGAINST BUNITED SERVICES FOR, AND WAIVES LIABILITY AGAINST BUNITED SERVICES FOR, ANY CLAIMS REGARDING OR ARISING OUT OF THE CUSTOMER COMPLIANCE OBLIGATIONS.

  1. Applicant Information and Identity Verification. Customer acknowledges that, in preparing Consumer Reports, BUnited Services relies on the personally identifying information (PII) (such as, without limitation, name, date of birth, social security number or applicable national ID, and address) provided to BUnited Services by the Applicant and/or Customer, as applicable. Customer acknowledges that: (i) Customer is responsible for confirming that the Applicant is who they claim to be; and (ii) Customer is advised to review the completed Consumer Report in comparison to the Applicant`s job application and I-9 information, if applicable, to ensure that the Applicant identifying information provided to and used by BUnited Services to prepare the Consumer Report, as well any additional identifying information obtained by BUnited Services while preparing the Consumer Report, matches the identifying information provided by the Applicant to Customer. Customer understands that: (i) erroneous or falsified Applicant identifying information may cause the Consumer Report to be incomplete and/or inaccurate; and (ii) BUnited Services is not responsible for determining whether the identifying information submitted about the Applicant is erroneous or falsified.

  2. Term, Services and Support. The Agreement shall be in effect as of the Agreement, acceptance or signature on the applicable Schedule (“Effective Date”) and shall remain in effect (i) for Services for so long as the applicable Schedule is in effect, and (ii) for Software, until terminated as set forth in this Section. The Initial Term and subsequent renewal period of each Schedule will constitute the “Term.”

  3. Term. The Term for all Services will be for an Initial Term of three (3) years and shall automatically renew for additional terms of twelve (12) months each.

  4. Termination; Suspension. Unless otherwise stated in the applicable Schedule, either Party may terminate any applicable Schedule for convenience after the first year by providing written notice of non-renewal at least sixty (60) days prior to the anniversary date of the Effective date of the applicable Schedule as per Section 15, “Notices.” Customer acknowledges and agrees that all prepaid Fees are non-refundable, regardless of a termination that occurs according to this Section. Additionally, either party may terminate this Agreement and/or any applicable Schedule upon delivery of written notice to the other party if the non-terminating party: (i) defaults in the performance of its material obligations in this Agreement and fails to substantially cure such default within thirty (30) days after receipt of a written notice of breach, or (ii)

becomes the subject of any proceeding commenced under the United States Bankruptcy Code, or executes an assignment for the benefit of creditors or files for relief under any applicable reorganization, moratorium or similar debtor relief Laws. Additionally, BUnited Services may terminate and/or suspend Customer’s license grant and/or suspend, terminate or limit any of Customer’s use of the Services, without penalty, upon written notice to Customer if: (i) Customer`s breach of this Agreement is reasonably determined by BUnited Services to be a violation of Law or to present a risk of non-compliance by BUnited Services with applicable legal or contractual obligations, (ii) required by a Supplier, (iii) Customer fails to timely pay amounts due under this Agreement, or (iv) BUnited Services reasonably suspects or identifies any misuse of or unauthorized access to its system and/or the services or Customer`s account. Customer acknowledges that, with just cause, such as violation of the terms of Customer’s contract or a legal requirement, or a material change in existing legal requirements that adversely affects Customer’s Agreement, BUnited Services may, upon its election, discontinue serving the Customer and cancel the agreement immediately.

  1. Access to Consumer Reports. Following the expiration or termination of this Agreement, BUnited Services will provide Customer with a reasonable time frame to: (i) download for its records copies of its Applicant Consumer Reports, and/or (ii) obtain from BUnited Services, at BUnited Services`s then-current fee, a CD or similar format containing copies of Customer`s Applicant Consumer Reports. Thereafter, BUnited Services shall have no further duty to maintain copies of Applicant Consumer Reports for access by Customer.

  2. Account Deactivation. Customer acknowledges that if Customer is determined at any time not to meet BUnited Services standard client credentialing requirements and as a result Customer`s account is not activated, or is subsequently deactivated, then any prior charges incurred related to Customer`s account, whether for account set-up registration or for pending or completed orders, shall be promptly paid to BUnited Services by Customer. BUnited Services may suspend or deactivate Customer`s account(s) in the event Customer does not place any orders under its account(s) for an extended period of time, as determined in accordance with BUnited Services`s standard account policies.

  3. Survival. All provisions of this Agreement that by their nature are reasonably intended to have effect after termination or expiration of this Agreement (including, without limitation, compliance, audit rights, privacy, data protection, confidentiality, dispute resolution, indemnity and limitation of liability) shall survive such termination or expiration. Notwithstanding any termination, expiration or cancellation of this Agreement, Customer shall remain responsible for all charges incurred by Customer and for all of Customer`s compliance obligations pursuant to this Agreement.

XII. Termination

  1. Term, Services and Support. The Agreement shall be in effect as of the Agreement, acceptance or signature on the applicable Schedule (“Effective Date”) and shall remain in effect (i) for Services for so long as the applicable Schedule is in effect, and (ii) for Software, until terminated as set forth in this Section. The Initial Term and subsequent renewal period of each Schedule will constitute the “Term.”

  2. Term. The Term for all Services will be for an Initial Term of three (3) years and shall automatically renew for additional terms of twelve (12) months each.

  3. Termination; Suspension. Unless otherwise stated in the applicable Schedule, either Party may terminate any applicable Schedule for convenience after the first year by providing written notice of non-renewal at least sixty (60) days prior to the anniversary date of the Effective date of the applicable Schedule as per Section 15, “Notices.” Customer acknowledges and agrees that all prepaid Fees are non-refundable, regardless of a termination that occurs according to this Section. Additionally, either party may terminate this Agreement and/or any applicable Schedule upon delivery of written notice to the other party if the non-terminating party: (i) defaults in the performance of its material obligations in this Agreement and fails to substantially cure such default within thirty (30) days after receipt of a written notice of breach, or (ii) becomes the subject of any proceeding commenced under the United States Bankruptcy Code, or executes an assignment for the benefit of creditors or files for relief under any applicable reorganization, moratorium or similar debtor relief Laws. Additionally, BUnited Services may terminate and/or suspend Customer’s license grant and/or suspend, terminate or limit any of Customer’s use of the Services, without penalty, upon written notice to Customer if: (i) Customer`s breach of this Agreement is reasonably determined by BUnited Services to be a violation of Law or to present a risk of non-compliance by BUnited Services with applicable legal or contractual obligations, (ii) required by a Supplier, (iii) Customer fails to timely pay amounts due under this Agreement, or (iv) BUnited Services reasonably suspects or identifies any misuse of or unauthorized access to its system and/or the services or Customer`s account. Customer acknowledges that, with just cause, such as violation of the terms of Customer’s contract or a legal requirement, or a material change in existing legal requirements that adversely affects Customer’s Agreement, BUnited Services may, upon its election, discontinue serving the Customer and cancel the agreement immediately.

  1. Access to Consumer Reports. Following the expiration or termination of this Agreement, BUnited Services will provide Customer with a reasonable time frame to: (i) download for its records copies of its Applicant Consumer Reports, and/or (ii) obtain from BUnited Services, at BUnited Services`s then-current fee, a CD or similar format containing copies of Customer`s Applicant Consumer Reports. Thereafter, BUnited Services shall have no further duty to maintain copies of Applicant Consumer Reports for access by Customer.

  2. Account Deactivation. Customer acknowledges that if Customer is determined at any time not to meet BUnited Services standard client credentialing requirements and as a result Customer`s account is not activated, or is subsequently deactivated, then any prior charges incurred related to Customer`s account, whether for account set-up registration or for pending or completed orders, shall be promptly paid to BUnited Services by Customer. BUnited Services may suspend or deactivate Customer`s account(s) in the event Customer does not place any orders under its account(s) for an extended period of time, as determined in accordance with BUnited Services standard account policies.

  3. Survival. All provisions of this Agreement that by their nature are reasonably intended to have effect after termination or expiration of this Agreement (including, without limitation, compliance, audit rights, privacy, data protection, confidentiality, dispute resolution, indemnity and limitation of liability) shall survive such termination or expiration. Notwithstanding any termination, expiration or cancellation of this Agreement, Customer shall remain responsible for all charges incurred by Customer and for all of Customer`s compliance obligations pursuant to this Agreement.