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InstaPay Factoring Terms

Things you need to know before you factor with us

Flat Rate

Our standard rate is 3.5% of the gross load rate. We offer a complimentary 2.5% rate on your first load with us. We do not take any hidden commission such as set-up, minimum amount, credit check or transaction fees.

Processing

Once we process your docs, we will pay you through an ACH deposit. Normally we process within a few hours. However, the time it takes for money to hit your account depends on your bank.

Loads

We cover all valid loads. However, we reserve the right to reject a load, for example, when the docs are 3-month old. We do not require any volume commitment – you can factor as many loads as you like.

Non-Recourse

Non-recourse means we handle all collections on loads that are moved through InstaPay. We help you focus on what matters by offering a transparent and hassle-free service.
Learn more

Trucker Path Factoring Agreement

Trucker Path offers Services to Carrier through its mobile applications, web site, and call center (“Services”). Such Services may include, handling paperwork and processes between entities shipping cargo and/or freight/shipping brokers (collectively “Freight Broker(s)”) and Carrier.

Trucker Path desires to provide Carrier with Services and Carrier desires to have Trucker Path perform Services on Carrier’s behalf, on a shipment-by-shipment basis, subject to and in accordance with the terms and conditions of this Agreement. This Agreement is a legally binding contract between you and Trucker Path regarding your use of the Service. You may request a copy of this EULA by emailing us at support@truckerpath.com.

BY CLICKING ACCEPT ON OUR WEB PAGE, OR OTHERWISE ACCESSING OR USING THE SERVICE, YOU AGREE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE, YOU MAY NOT USE THE SERVICE.

  1. SERVICES

    1. Scope of Trucker Path Services. Trucker Path will provide the InstaPay service (“InstaPay”),a factoring payment service per load if Carrier offers a load and Trucker Path accepts such load. Such payment services include where Carrier assigns the invoice, or instructs the debtor to pay Trucker Path instead of Carrier, then Trucker Path will pay Carrier for accepted loads by initiating an ACH transfer within forty-eight (48) hours of receipt of an accepted Bill of Lading and any other documents reasonably required to perfect Trucker Path’s rights to the invoice. If Carrier meets all its obligations under this Agreement, then payment is offered to Carrier with no-recourse to Carrier for any non-payment or payment delay from Freight Broker to Trucker Path, provided however such non-payment or payment delay is not due to an act or omission by Carrier.

    2. If Carrier is an existing InstaPay user, and Carrier qualifies, which qualification shall be solely in Trucker Path discretion, Carrier may be offered InstaPay Fuel Advance. InstaPay Fuel Advance is only available on the load rate specified on the rate confirmation and is exclusive of any detention, lumper, or other trip charges (the “Gross Load Rate”). InstaPay Fuel Advance is available for same day processing of up to 45% of the Gross Load Rate upon receipt of a valid rate confirmation prior to 08:00 AM Central Time. Trucker Path will make commercially reasonable efforts to enable Carrier to receive funds in the same business day. So long as Carrier is in good standing, at Trucker Path’s discretion, all processing fees are deducted from the balance of payment for the load which must be processed through InstaPay.

    3. Trucker Path reserves the right not accept any load, from any Carrier, for any reason. You will receive confirmation of approval to use InstaPay, sent by email, within five (5) business days of receipt by Trucker Path of Carrier’s executed Agreement and completed corresponding onboarding documents. It is Carrier’s responsibility to verify that Trucker Path has approved your load. Absent express approval to use InstaPay, and InstaPay Fuel Advance if applicable, Trucker Path has no obligation to Carrier. Trucker Path reserves the right to withdraw approval to use InstaPay at any time, for any reason.

  2. Trucker Path Responsibilities. Trucker Path shall not request or in any way pressure Carrier to violate any federal, state or other applicable law with regards to the performance of the Services.

  3. Carrier Responsibilities. Carrier represents that it has full authority to enter into this Agreement, and to make the assignments required. Carrier agrees to maintain all proper licenses and permits to conduct business as a motor carrier in the areas of intended operation and agrees to maintain liability and cargo insurance at the amounts set forth by the home state of the carrier and all U.S. Law. Trucker Path will be held harmless, and Carrier shall indemnify Trucker Path for same, in the event of any and all claims arising out of Carriers failure to adhere to its responsibilities herein. Carrier agrees to provide all documents as required by the Service, and acknowledges such document requirements may change at any time. Carrier agrees it will not encumber in anyway any rate confirmation, bill of lading, right to payment, or invoice (collectively “Invoices”) for which InstaPay or InstaPay Fuel Advances are offered, and warrants and represents that there are no prior claims, rights or interests in said Invoices. Carrier agrees not to offer a load for InstaPay wherein the Invoice for that load is restricted from being assigned, and any such offer shall be null and void. If Carrier receives payment for any load that is the subject of this Agreement directly, or if Carrier receives an overpayment or other payment of any kind, Carrier will immediately contact Trucker Path (at InstaPay@truckerpath.com) and return such funds to Trucker Path within ten (10) calendar days of receipt by Carrier via check or ACH transfer. If Payment is not received within 10 days, in addition to any other remedies in law or equity, Trucker Path reserves the right to suspend, cancel, seek reimbursement, or offset any pending or future payments under this Agreement. Carrier agrees to provide original copies of Bill of Lading (“BOL”) and/or Payment on Delivery (“POD”) and/or Rate Confirmation via any method required, as specified by Freight Broker within the timeframes specified by Trucker Path, which may change from time to time without notice.

  4. RELATIONSHIP OF PARTIES

    1. Trucker Path as Service Provider. Trucker Path is an independent provider, performing the Service on behalf of Carrier. Nothing in this Agreement will be construed as establishing an employment relationship, joint venture, joint enterprise, partnership, or any other relationship between Trucker Path and Carrier.

    2. Agency Relationship. Carrier hereby grants authorization to Trucker Path to act as Carrier’s agent for the purpose of providing the Service. Carrier hereby grants authorization for Trucker Path to process and provide signature (physical or electronic) on behalf of Carrier on invoices, and associated paperwork for securing cargo and billing purposes. Carrier hereby authorizes Trucker Path to obtain Carrier’s Certificates of Insurance, Motor Carrier Authority, and other official documents related to Carrier as required.

    3. Non-exclusivity. Neither Party intends to give the other Party any exclusive rights or privileges under this Agreement. Except as otherwise stated in this Agreement, either party may contract with or otherwise provide service to any other motor carrier, broker, other intermediary or shipper.

  5. Payment. Carrier grants authorization to Trucker Path to collect the Payment (“Payment”) from Freight Broker on behalf of Carrier, in accordance with the timetable and terms specified in the Freight Broker Agreement with Carrier. If Carrier uses InstaPay, and Payment is uncollectible from Freight Broker, Carrier will be held harmless (“non-recourse” to Carrier),provided however that Carrier has taken no action or inaction to cause such Payment to be uncollectable, and has complied with all the conditions of this Agreement. Subject to the terms and conditions of this Agreement, for performance hereunder, Trucker Path will receive a fee (“InstaPay Fee”) of 3.5% of the gross payment from Freight Broker to Carrier for any load for which Trucker Path provides the Service. In the event Carrier is using InstaPay Fuel Advance, Carrier agrees to an additional fee (“InstaPay Fuel Advance Fee) which shall be the greater of $15.00 or 1.5% of the gross payment due from Freight Broker. In addition, if Trucker Path receives payment for a load not subject to this Agreement, Trucker Path shall also be entitled hold the payment in reserve against obligations of the Carrier, and/or to collect the InstaPay Fee for forwarding said payment to the correct receiving party.

  6. CONFIDENTIAL INFORMATION For purposes of this Agreement, “Confidential Information” means and will include: (i) any information, materials or knowledge regarding Trucker Path and its business, financial condition, products, programming techniques, customers, suppliers, technology or research and development that is disclosed to Carrier or to which Carrier has access in connection with Trucker Path’s performing of dispatch Services; (ii) the terms and conditions of this Agreement. Confidential Information will not include any information that: (a) is or becomes part of the public domain through no fault of Carrier; or (b) Carrier rightfully receives from a third party who has the right to disclose it and who provides it without restriction as to use or disclosure. Carrier agrees to hold all Confidential Information in strict confidence, not to use it in any way, commercially or otherwise.

  7. WARRANTIES

    1. No Pre-existing Obligations. Carrier represents and warrants that Carrier has no pre-existing obligations or commitments (and will not assume or otherwise undertake any obligations or commitments) that would be in conflict or inconsistent with or that would hinder Carrier’s performance of its obligations under this Agreement.

    2. License and Registration. Carrier represents and warrants that it is duly registered with FMCSA as a for-hire motor carrier of property in interstate and foreign commerce pursuant to 49 U.S.C. § 13902.

    3. Performance Standard. Carrier represents and warrants that Carrier will act in a thorough and professional manner, consistent with high professional and industry standards by individuals with the requisite training, background, experience, technical knowledge and skills to perform Carrier services.

  8. INDEMNIFICATION Carrier will defend, indemnify and hold Trucker Path harmless from and against all claims, damages, liabilities, losses, expenses and costs (including reasonable fees and expenses of attorneys and other professionals) arising out of or resulting from: (i) any action by a third party against Trucker Path that is based on a claim that any actions performed under this Agreement or any agreements between the Carrier and a third party, or the results of or Trucker Path’s use thereof such agreements, infringe, misappropriate or violate such third party’s rights; and (ii) any action by a third party against Trucker Path that is based on any act or omission of the Carrier that results in: (1) personal injury (or death) or tangible or intangible property damage (including loss of use); or (2) the violation of any statute, ordinance, or regulation; (iii) any action by a third party such as Freight Broker(s) that violates the Carrier’s agreement with that party, but does not violate this Agreement, such as failure by such third party to abide by terms in the rate/shipment contract between Carrier and that third party; (iv) any legal or financial responsibility related to any transaction between the Freight Broker and the Carrier.

  9. LIMITATION OF LIABILITY. IN NO EVENT WILL TRUCKER PATH BE LIABLE FOR ANY SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND IN CONNECTION WITH THIS AGREEMENT, EVEN IF TRUCKER PATH HAS BEEN INFORMED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES.

    1. TERM AND TERMINATION

    2. Term. This Agreement will commence upon acceptance of Carrier by Trucker Path and, unless terminated earlier in accordance with the terms of this Agreement, will remain in force and effect for as long as Trucker Path is performing InstaPay services pursuant to this Agreement.

    3. Termination for Breach. Either party may terminate this Agreement (including InstaPay) if the other party breaches any material term of this Agreement and fails to cure such breach within thirty (30) days following written notice thereof from the non-breaching party. Trucker Path may terminate this Agreement immediately and without notice if Carrier offers a load for InstaPay that is not assignable, or if Carrier does not maintain any license, registration or insurance necessary to operate in the United States.

    4. Termination for Convenience. Either Party may terminate this Agreement at any time, for any reason or no reason, upon at least ten (10) days written notice to the other party.

    5. Effect of Termination. Upon the expiration or any termination of this Agreement, Trucker Path will pay Carrier any unpaid amounts that have been collected on behalf of Carrier from Freight Broker(s),for loads accepted prior to the effective date of expiration or termination. Trucker Path reserves all rights to collect all outstanding accounts receivable still outstanding under this Agreement, including but without limitation, reasonable assistance from Carrier, and all remedies in equity and law.

  10. Survival. Terms that by their nature are ongoing shall survive expiration or termination of this Agreement.

  11. GENERAL

    1. No Election of Remedies. Except as expressly set forth in this Agreement, the exercise by Trucker Path of any of its remedies under this Agreement will be without prejudice to its other remedies under this Agreement or available at law or in equity.

    2. Assignment. Carrier may not assign or transfer any of Carrier’s rights or delegate any of Carrier’s obligations under this Agreement, in whole or in part, without Trucker Path’s express prior written consent. Any attempted assignment, transfer or delegation, without such consent, will be void. Subject to the foregoing, this Agreement will be binding upon and will inure to the benefit of the parties permitted successors and assigns.

    3. Equitable Remedies. Because InstaPay services are personal and unique, Trucker Path will have the right to enforce this Agreement and any of its provisions by injunction, specific performance or other equitable relief, without having to post a bond or other consideration, in addition to all other remedies that Trucker Path may have for a breach of this Agreement.

    4. Attorneys’ Fees. If any action is necessary to enforce the terms of this Agreement, the substantially prevailing party will be entitled to reasonable attorneys’ fees, costs and expenses in addition to any other relief to which such prevailing party may be entitled.

    5. Severability. If any provision of this Agreement is held invalid or unenforceable by a court of competent jurisdiction, the remaining provisions of the Agreement will remain in full force and effect, and the provision affected will be construed so as to be enforceable to the maximum extent permissible by law.

  12. Notices. All notices required or permitted under this Agreement will be in writing and delivered by confirmed facsimile transmission, by courier or overnight delivery service, or by certified mail, and in each instance will be deemed given upon receipt. All notices to Trucker Path will be sent to:

    Trucker Path Inc.
    205 W. Ninth St.
    4th floor
    Austin TX 78701

    All notices to Carrier will be sent to the address provided by Carrier. Provided however, that notices which by their nature relate to the day to day activities of the Service may be delivered in electronic form.

  13. Modification of this Agreement. We reserve the right, at our discretion, to modify this Agreement on a going-forward basis at any time, with or without prior notice, and such changes will be effective in accordance with the following. The modifications to the EULA will be effective upon the earlier of (i) your first use of the Service with actual notice of such change, or (ii) 30 days from posting of such change. Your use of the Service following the date that any such change becomes effective constitutes your agreement to be bound by the modified Agreement. If you do not agree to the modified Agreement, your sole and exclusive remedy is to terminate your account and you may no longer use the Services. Disputes arising under this Agreement will be resolved in accordance with the version of the Agreement that was in effect at the time the dispute arose.

  14. Waiver. The waiver of any breach of any provision of this Agreement will not constitute a waiver of any subsequent breach of the same other provisions hereof.

  15. Governing Law. This Agreement is only valid for loads that originate and terminate in the United States of America. The laws of the State of Texas, excluding its conflicts of law rules, govern this license and your use of the Service. To the extent that any action relating to any dispute hereunder is permitted to be brought in a court of law, such action shall be subject to the exclusive jurisdiction of the state and federal courts located in Travis County, Texas, and you hereby irrevocably submit to personal jurisdiction in such courts.