2018-04-12T16:02:17+00:00

Executive Driver
Terms of Service

 
Questions? Contact Customer Service at 1-800-773-7483.

  1. Client requests WeDriveU, Inc. (“WeDriveU”) to provide a chauffeur to drive Client’s automobile as requested by Client, and WeDriveU agrees to provide such chauffeur to Client (“Services”). If, for any reason, Client wishes to be assigned another chauffeur, Client will contact WeDriveU before trip. Client agrees to pay WeDriveU charges on the terms and conditions set forth below.
  2. Client represents and warrants that it believes its automobile is in good, safe, operating condition and that it has no knowledge of any condition to the contrary.
  3. Minimum billable time per ride is 3 hours. Hours are rounded up to the nearest half hour. There are no split shifts. Billable time commences when chauffeur reports to Client pick up point and ends when the chauffeur returns to Client pick up point.
  4. Client will be charged a base rate of $38.00 per hour for the Services. For information on contract rates and discounts, please call 1-800-773-7483.
  5. Client will be charged cost plus 20% for expenses incurred by the chauffeur including parking for the chauffeur’s car and tolls, gas, car washes and other expenses incurred while providing services to Client.
  6. Client will be charged an $11.00 premium per hour on New Year’s Day, Memorial Day, July 4th, Labor Day, Thanksgiving Day, Christmas Eve and Christmas Day.
  7. Client will be charged a premium of $11.00 per overtime hour and $22.00 per double-time hour. Overtime and double-time hours are calculated based on the state law where service is rendered. Overtime and double-time premiums are billed to Client when the same chauffeur works for same Client. WeDriveU’s workweek is Sunday through Saturday.
  8. Each overnight stay is billed an 8-hour minimum. Client is responsible to provide the chauffeur’s room and board.
  9. If Client cancels within 12 hours of pick up time, Client will be charged the 3-hour minimum.
  10. WeDriveU will pre-authorize Client’s credit card prior to providing service and charge Client’s credit card upon completion of service, and Client authorizes such charges. Receipts will be emailed to Client’s email address on record.
  11. In the event Client’s credit card is invalid and WeDriveU incurs costs related to the collection of the outstanding balance, Client agrees to be liable for all reasonable costs, in addition to the outstanding balance.
  12. Client certifies that it carries valid automobile insurance providing minimum liability limits of $250,000 bodily injury each person / $500,000 each accident, $50,000 property damage, collision and comprehensive coverage, that there are no driver restrictions in the policies, and that such policies are in full force and effect throughout the period the chauffeur provides service.
  13. Client will advise WeDriveU immediately of any change in the condition of its vehicle or the scope or validity of its insurance coverage.
  14. Client understands that its vehicle insurance is primary, with respect to any insurance WeDriveU may carry, for liability, collision and comprehensive coverage and that WeDriveU’s responsibility is limited to the amount of deductible on Client’s insurance or $250 (whichever is less) for physical damage to its vehicle resulting from the negligence of a WeDriveU chauffeur.
  15. WeDriveU represents and warrants that it carries insurance as prescribed by statute or other jurisdiction in which work is to be performed.
  16. Client agrees to provide rest periods as follows: (i) for a chauffeur who works at least three and one-half hours in a day, a ten-minute, off-duty rest period; (ii) for a chauffeur who works up to six hours in a day, two 10-minute off-duty rest periods; (iii) for a chauffeur who works over 10 hours, three ten-minute, off-duty rest periods. To the extent reasonably possible, rest periods will be taken near the middle of each 4 hours of work (i.e., 2 hours, 6 hours and 10 hours after the beginning of the shift). If a chauffeur works more than five hours in a day, Client agrees to provide chauffeur in addition a 30-minute, uninterrupted meal period starting no later than the end of the fifth hour of work. If a chauffeur works more than 10 hours in a day, Client agrees to provide chauffeur two 30-minute, uninterrupted meal periods starting no later than the end of the 5th and 10th hours of work respectively.
  17. After Client evaluates the performance and potential of a WeDriveU chauffeur on the job, Client may wish to employ this person directly. Because WeDriveU chauffeurs represent its inventory of skilled professionals and in the event Client wishes them converted to its employ, Client agrees to pay a conversion fee as liquidated damages. The conversion fee is $9,000. Liability for the conversion fee is triggered when Client hires a WeDriveU chauffeur regardless of the employment classification, on either a permanent, temporary or “as needed” basis, and regardless of the chauffeur’s employment status at the time of the hire (e.g., no longer with WeDriveU) or chauffeur’s claimed reason for leaving WeDriveU (e.g., quit WeDriveU for reasons unrelated to conversion) if said hire occurs within six months after the last day of the assignment.
  18. Client fully and forever releases and discharges WeDriveU and its affiliates, their directors, officers, shareholders, employees, consultants, agents, and insurers (“Releasees”) from any and all injuries (including death), losses, damages, claims, demands, lawsuits, expenses, and any other liability of any kind, of or to Client, Client’s property, or any other person, directly or indirectly arising out of or in connection with the services provided by WeDriveU, even if it is due to the negligence, injudicious act, omission, or other fault of the Releasees or any of them (but not if due to gross negligence, recklessness, or wilful misconduct), and even if Client is not aware of the claim. Therefore, Client waives application of Section 1542 of the California Civil Code, which provides “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the agreement, which if known by him or her must have materially affected his or her settlement with the debtor.”
  19. Client agrees to defend, indemnify and hold Releasees harmless from and against any and all losses, liabilities, costs, expenses (including, without limitation, reasonable attorneys’ fees and expenses and court costs), penalties and fines for any suit, claim, settlement, award or judgment arising or alleged to arise from the breach of this Agreement, or the negligence or other wrongdoing of Client, but excluding claims to the extent caused by the gross negligence, recklessness, or wilful misconduct of one or more Releasees.
  20. This Agreement will be construed and governed by the laws of California without giving effect to conflict of laws provisions. Sole and exclusive venue for resolution of any disputes under or concerning the interpretation or performance of this Agreement will be in the State or federal courts with jurisdiction and venue for San Mateo County, California. The Parties expressly consent to the personal jurisdiction of, and venue in, such courts.
  21. IN NO EVENT SHALL A PARTY BE LIABLE TO THE OTHER PARTY FOR ANY INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, REGARDLESS OF THE NATURE OF THE CLAIM, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, COSTS OF DELAY, ANY FAILURE OF DELIVERY, BUSINESS INTERRUPTION, COSTS OF LOST OR DAMAGED MATERIALS OR LIABILITIES TO THIRD PARTIES ARISING FROM ANY SOURCE, EVEN IF THAT PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION UPON DAMAGES AND CLAIMS IS INTENDED TO APPLY WITHOUT REGARD TO WHETHER OTHER PROVISIONS OF THIS AGREEMENT HAVE BEEN BREACHED OR HAVE PROVEN INEFFECTIVE.
  22. If any provision of this Agreement is held to be invalid, illegal, or unenforceable, the remaining provisions will remain valid and enforceable as if such provision had not been set forth herein. The parties agree to substitute for such provision a valid provision that most closely approximates the intent of the severed provision.
  23. This Agreement constitutes the entire agreement between the parties regarding the subject matter hereof and supersedes any and all prior negotiations, promises, commitments, undertakings, and agreements of the Parties relating thereto. This Agreement may be modified or amended only by a written instrument duly executed by both Parties.
  24. The rights and obligations of WeDriveU under this Agreement may be transferred or assigned directly or indirectly to an entity that acquires this line of business, or substantially all of its stock or assets. The provisions hereof will inure to the benefit of, and be binding upon, the successors, assigns, heirs, executors and administrators of the Parties.