Terms and Conditions
PODs, Print on Demand Temporary Vehicle Tags Service
Terms and Conditions
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The Customer and Virginia Interactive, LLC (VI) wish to contract for the use of PODs, Print on Demand Temporary Vehicle Tags Service (the “service”) as per the Terms and Conditions below.
Terms and Conditions
- The following sets forth the terms and conditions under which VI will provide services to Customer.
- VI reserves the right to withdraw the service without consulting Customer prior to withdrawing such service and shall have no liability whatsoever to Customer in connection with deletion of any such service.
- Customer acknowledges that this Agreement is the complete and exclusive statement between the parties, superseding all other communications, oral or written. This agreement, and other notices provided to Customer by VI, constitutes the entire agreement between the parties. This agreement may be modified only by amendment agreed to by the parties except as otherwise provided for in this paragraph. In the event Customer issues a purchase order or other instrument covering the services herein specified, it is understood and agreed that it is for Customer's internal purposes only and shall in no way modify, add to, or delete any of the terms and conditions in this Agreement.
- Conditions of Use
- Hours of Service: Service will be provided on a non-guaranteed basis seven days per week (Sunday through Saturday), twenty-four (24) hours per day, excluding scheduled maintenance as designated from time to time by VI in its sole discretion.
- ID/Dealer Numbers: VI will grant user IDs associated with Customer’s respective DMV dealer number. Customer is responsible for preserving the secrecy of user ID(s) and dealer number to ensure that access to the service and use of user IDs/dealer number is controlled by the Customer. Customer is responsible for any and all charges accrued under their dealer number whether or not authorized by Customer.
- Access: Customer is solely responsible for the selection and procurement of any equipment and telephone lines necessary to access the VI service.
- Copyright and Ownership of Information: Customer agrees to comply with any copyright notices or other limitations on use of the service, database, or other information provided through the service.
- The service may require compliance with additional terms and conditions and execution of additional agreements and/or addenda to this Agreement in order for Customer to have access to those services.
- Invoices for all services rendered will be prepared by and provided by VI. Rates shall be in accordance with the Commonwealth of Virginia statutory fees as specified in §46.2-1558 Code of Virginia. The base charge to a dealer may not exceed the limitation as spelled out in this statute. An additional fee as approved by DMV and VI will be charged for the optional dealer “branded” tags. Fees for branded tags are subject to change without notice. Terms of invoice payment shall be net thirty (30) days.
- In addition to the rates contained herein, Customer shall pay VI for all sales, use, and excise taxes incurred by VI in providing services to Customer. VI makes no representations as to the liability or exemption from liability of the Customer to any tax imposed by any governmental entity should such fees be imposed.
- Past due invoices will be subject to a delinquency charge of 1.5% per month of the amount in arrears, or the legal limit, whichever is less. Customer agrees to pay all costs of collection of delinquent accounts, including reasonable attorney's fees, as permitted by law.
- Payment Options: (Customer selects one)
- Auto Check Option - Bank Institution automatically deducts amount of usage fees out of checking account monthly.
- Credit Card - Charges the monthly temporary tag fees to your charge card monthly.
- Default: An account is in default if it is past due. In the event of default, VI may, at its sole option, block the Customer from use of the account either temporarily or until the past due amount is paid or permanently, regardless of payment. Not exercising this option at any particular time or degree of delinquency does not prevent VI from exercising this option at any other time or degree of delinquency.
- Limitation of Liability
- The remedies set forth in this Agreement are exclusive and in no event shall VI, its directors, officers, agents, or employees be liable for special, indirect, incidental, or consequential damages, including, but not limited to, lost income or lost revenues, whether such damages arise out of breach of contract, negligence, strict liability, or any other theory of liability. Such damages shall in any event be limited to the charges paid for the previous month by Customer for the services in connection with which a claim of liability is asserted or imposed. Customer specifically understands and recognizes that the system by which these services are offered to him may experience problems of various kinds resulting in an inability to provide services.
- Customer agrees that VI and DMV will not be liable for any claim or demand of any nature or kind whether asserted against VI, DMV or against the Customer by any third party, arising out of the services or materials provided for their use; Customer agrees to indemnify and hold VI and DMV harmless from claims of third parties arising out of the Customer's use of the services or materials provided pursuant to this Agreement.
For electronic access to Virginia Department of Motor Vehicles data via Virginia Interactive’s PODs, Print on Demand Temporary Vehicle Tags Service (the “service”).
THESE PROVISIONS ARE FOR ELECTRONIC ACCESS TO VIRGINIA DEPARTMENT OF MOTOR VEHICLES (DMV) DRIVER AND VEHICLE DATA VIA THIS SERVICE ONLY. CONTACT DMV DIRECTLY FOR ALL OTHER TYPES OF ACCESS TO DMV RECORDS.
SPECIAL NOTES AND PROVISIONS
- DMV IS CUSTODIAN OF DRIVER AND VEHICLE RECORDS FOR THE COMMONWEALTH OF VIRGINIA. PURSANT TO AN AGREEMENT BETWEEN DMV AND VIRGINIA INTERACTIVE (VI), DMV HAS AUTHORIZED VI TO PROVIDE AUTHORIZED USERS ELECTRONIC ACCESS TO DMV RECORDS VIA PODS.
- EACH APPROVED APPLICANT MUST EXECUTE WITH VI AN INFORMATION USE AGREEMENT THAT SPECIFIES THE REQUIREMENTS FOR AND RESTRICTIONS ON ELECTRONIC ACCESS TO DMV RECORDS.
- THIS AGREEMENT IS SUBJECT TO AMENDMENT BASED ON CHANGES IN STATE OR FEDERAL LAWS, RULES, AND REGULATIONS GOVERNING ACCESS AND USE OF DMV RECORDS.
- THE APPLICANT AGREES TO ABIDE BY ALL LAWS, RULES, AND REGULATIONS GOVERNING THE USE AND DISSEMINATION OF INFORMATION CONTAINED IN DMV RECORDS. THE APPLICANT SHOULD BE FAMILIAR WITH SECTIONS 2.2-3800 ET SEQ., AS AMENDED, AND 46.2-208 THROUGH 46.2-212 OF THE CODE OF VIRGINIA, THE FEDERAL REPORTING ACT, PUBLIC LAW 91-508, AND SECTION 2721 OF THE FEDERAL DRIVER’S PRIVACY PROTECTION ACT OF 1994, PUBLIC LAW 103-322.
- VIOLATION OF THE STATE LAWS CONCERNING USE OF DMV RECORDS IS PUNISHABLE AS A CLASS 4 MISDEMEANOR; VIOLATION OF FEDERAL PUBLIC LAW 91-508 IS PUNISHABLE BY UP TO A $5,000 FINE OR ONE YEAR IMPRISONMENT OR BOTH.
- IF APPROVED FOR PODS, THE DEALERSHIP WILL BE SUBJECT TO REASONABLE INSPECTION AND/OR AUDIT TO ENSURE COMPLIANCEWITH THE TERMS AND PROVISIONS CONTAINED IN THE INFORMATION USE AGREEMENT EXECUTED WITH VI.
- VI MUST RECEIVE PAYMENT BY THE 25TH OF EACH MONTH. CUSTOMER WILL BE PROMPTED TO SPECIFY PREFERRED BILLING METHOD UPON FIRST ACCESSING THE SERVICE.
Last revised: 11.14.2013
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