Carrier Agreement

1. This agreement

This Carrier Agreement is between ShippApp LLC ("ShippApp") and the motor carrier or owner-operator ("Carrier", "you"). It adds to the ShippApp Terms of Service and Privacy Policy, which also apply. Each load you accept, with its details in the Platform and its rate confirmation, becomes part of this agreement.

2. You are an independent business

• You are an independent contractor, not ShippApp's employee, agent or partner. You alone decide how loads are performed: your equipment, routes (within the load's requirements), schedules and people.
• You hold and keep all authority, registrations and permits the transportation needs (including USDOT and, where required, MC authority), follow all safety laws (FMCSA rules, hours of service, drug and alcohol testing, vehicle maintenance, driver qualification files), and keep a satisfactory or unrated safety rating.
• Tell ShippApp right away about any change in authority, insurance, safety rating, out-of-service order, ownership, or bank or factoring arrangements.

3. Identity and fraud protection

• Use the email and phone registered with FMCSA for your company, or others ShippApp has verified. ShippApp may call your FMCSA-registered number to confirm any request.
• Insurance certificates must come from your insurance agent and match your company exactly.
• Bank, remit-to and factoring changes take effect only after ShippApp confirms them with you by a verified call. ShippApp is not responsible for payments sent to details that were changed in your account by you or anyone using it.
• Never let anyone else use your USDOT/MC number, insurance or ShippApp account, and never use anyone else's.

4. Insurance

At your cost, with insurers acceptable to ShippApp, you will keep:

• Auto liability: at least $1,000,000 per occurrence for vehicles over 10,001 lbs, and at least $300,000 for smaller vehicles such as cargo vans (or more if the law requires more);
• Cargo insurance: at least $100,000 per load for trucks and $25,000 for cargo vans and pickups — and you won't accept a load whose value is more than your cargo coverage;
• General liability of at least $1,000,000 for trucks; and workers' compensation as the law requires.

On request you'll give certificates naming ShippApp as certificate holder and give 30 days' notice of cancellation or reduction. Tell ShippApp about any exclusion that could apply to a load (for example unattended-vehicle exclusions). These minimums don't limit your liability.

Cargo insurance amount and value of loads

• Enter each vehicle's cargo insurance amount per load accurately and keep it current. You'll only get loads whose declared value is no more than that amount.
• Never accept a load worth more than your cargo insurance covers.

Small vehicles

• An SUV or a pickup with a bed cover may carry boxes only — no pallets, within the weight and box-space limits ShippApp sets from its VIN. You may lower those limits, never raise them.
• It must have auto insurance that covers delivery work (a commercial auto policy, or a delivery add-on to a personal policy). ShippApp checks this before it can take loads.
• It doesn't need cargo insurance. Without it, it only gets loads within the included protection. ShippApp pays the shipper's approved claim within that protection and may deduct it from your payouts if the loss or damage happened while the freight was in your care.

Leased and rented vehicles, and owner-operators leased to you

• A vehicle you don't own may be used only under a written lease (for an owner-operator's truck, one that meets the federal leasing rules, 49 C.F.R. Part 376) or a rental agreement, uploaded in the app. While it's leased or rented to you, you have exclusive possession, control and responsibility for it, and your auto liability and cargo insurance must cover it.
• Owner-operators leased to you work under your authority: you add them as your drivers, ShippApp pays you, and you pay them under your lease. You're responsible for them like any of your drivers, including the stay-on-ShippApp rule.
• A rented or leased vehicle stops counting for loads when its rental or lease ends. Never let anyone use your USDOT/MC number or ShippApp account for a vehicle or driver that isn't yours or leased to you.

5. Loads

• Accepting a load means you agree to haul it as described, at the price shown, on time.
• Haul it yourself. You will not re-broker, re-tender, subcontract, assign, co-load or interline a load, or let another carrier's driver or truck haul it, without ShippApp's written consent. Double-brokering is a serious breach: ShippApp may pay the carrier that actually hauled the load directly and deduct that from what it owes you, recover its losses, close your account and report it to FMCSA and law enforcement.
• Pickup: freight is released only to the driver and vehicle assigned in the Platform. Your driver must use the app at pickup and delivery.
• Your drivers will: accept assigned jobs in the app, share location during the job, mark stops only when actually there, take honest freight photos, and collect proof of delivery (name, signature and/or signed paperwork).
• Cargo theft: don't leave a loaded vehicle unattended in an unsecured place; report any theft, break-in or suspicious pickup request to ShippApp and the police immediately.
• Request extra charges, schedule changes or report issues through the Platform. Charges are payable only if approved there.

Loose boxes

When a load ships as loose boxes (the app tells you on the job), the shipper breaks the pallet(s) down and hands you the loose boxes. Count them against the paperwork, load and secure them, and keep them dry. Report any difference before you leave the pickup.

Expedited loads

• An expedited load pays an expedite bonus (shown on the load board). By accepting one you agree to pick it up within about 2 hours (the deadline is shown on the job) and to carry nothing else while it's on your truck — the app won't let your driver pick up another load until it's delivered.
• Rest is never penalized. Your driver must follow the hours-of-service rules and take every rest they need; they log it in the app ("Rest stop / Delay") so the shipper sees an updated arrival time. ShippApp will never ask you to skip legally required rest (49 C.F.R. 390.6).
• The bonus is paid with the load. If the pickup is late and no delay was reported before the deadline, only the bonus is held for ShippApp to review; your regular pay for the load is never reduced for this.

6. Your drivers and office staff

• You are solely responsible for your drivers, dispatchers and office staff — hiring, qualification, training, supervision, scheduling, discipline, pay, taxes, benefits, workers' compensation and classification under wage and employment laws — and for everything they do on the Platform or on a load.
• ShippApp never pays your drivers or staff and does not set their pay or hours. Any driver pay you choose to show in the app is set by you. ShippApp's requirements for using the Platform exist for safety, legal compliance, delivery to shippers and fraud prevention, not to direct how your people work. ShippApp's only remedy against your people is limiting their access to the Platform.
• GPS notice. Before any of your drivers uses the app, you will give them the written notice New Jersey law requires before an employer tracks a vehicle used by an employee (N.J.S.A. 34:6B-22) — and, where it applies, the notice and acknowledgment New York requires for electronic monitoring (N.Y. Civil Rights Law 52-c) — and keep proof.
• You'll make each of them sign the ShippApp Driver or Office Staff Agreement, and you are responsible for any breach of confidentiality or the stay-on-ShippApp rule by them as if it were your own.
• You'll defend and indemnify ShippApp against any claim by your drivers or staff about pay, employment, classification or tracking notice.

7. Freight liability and claims

You are liable for loss of, damage to or delay of freight from the time you receive it until delivery, as provided by law (including 49 U.S.C. 14706 where it applies) and as if you had contracted directly with the shipper, up to the actual value of the freight unless a lower value was agreed in writing by the shipper. You will cooperate with claims through the Platform, respond within the time shown, and pay approved claims. ShippApp may deduct approved claim amounts from your payouts.

8. Payment

• ShippApp pays the amount shown for each completed load (plus approved extras, less any QuickPay fee and approved deductions) on the schedule shown in the Platform, after delivery and complete proof of delivery.
• You must give a valid W-9 before payment. If the IRS requires backup withholding, ShippApp withholds as the law requires.
• Look only to ShippApp for payment. You will not bill or collect from the shipper or receiver for a load arranged through ShippApp.
• Setoff. ShippApp may deduct from anything it owes you: approved freight claims, chargebacks, overpayments, payments to a carrier that actually hauled your load, fees, and damages or other amounts you owe under this agreement or the Terms.
• You keep your right under 49 C.F.R. 371.3(c) to review ShippApp's record of any load you hauled.

9. Customers stay on ShippApp

ShippApp brings you shippers and receivers it found, checked and serves. While you use ShippApp and for 24 months after your last load or other activity, you will not, directly or indirectly (including through an affiliate, another company, your drivers or staff, another broker or another platform), offer, quote, accept or haul any transportation for any shipper, consignee, receiver or other customer you were introduced to, learned of or served through ShippApp, outside ShippApp, and you won't encourage any of them to deal with you directly. It does not matter who made the first contact.

Examples. A receiver asks your driver for your phone number: the driver should say "please book through ShippApp". A shipper calls your office to book directly: tell them to book on ShippApp and let ShippApp know.

There is no buy-out. Customers you documented to ShippApp in writing, with proof, within 10 days of joining are excluded. Section 7 of the Terms applies, including liquidated damages for each customer of the greater of $5,000 or 35% of the gross freight revenue you (or anyone acting with you) received from that customer outside ShippApp during the restricted period, plus an injunction, attorneys' fees, collection costs and interest. ShippApp may set these amounts off against your payouts.

Records and audit. Within 15 days of ShippApp's written request, you'll provide records (invoices, rate confirmations, bills of lading, payments) of any business with a ShippApp customer during the restricted period. If you don't, ShippApp may estimate the damages from the information it has.

10. Confidentiality

Customer identities, contacts, addresses, gate codes, rates, lanes and load documents are ShippApp's confidential information (Section 6 of the Terms). Use them only to haul ShippApp loads.

11. Indemnity

You will defend, indemnify and hold harmless ShippApp, its shippers and their customers from all claims, losses, fines and costs (including attorneys' fees) caused by your transportation, equipment, drivers, staff or agents, any accident or injury, any loss or damage to freight, any violation of law, or any breach of this agreement.

12. Ending

Either party may end this agreement on notice; loads already accepted must still be finished. ShippApp may suspend you immediately for safety, insurance, authority, fraud or breach. Sections 3 and 6 to 11 continue after it ends.