Service Terms

Service  Terms

Last modified 5/25/22

These Service Specific Terms (“Service Terms”) are incorporated into the Oncue Mover Terms and Conditions (as set forth at oncue.co/moverterms) or other agreement under which we have agreed to provide our products or services to you) (the “Agreement”), and made a part thereof. Capitalized terms used but not defined in these Service Terms have the meaning given to them in the Agreement.

To the extent we have agreed to provide you with use and access to one of the specified Packages described below, the terms and conditions for such specified Package shall apply to your use thereof.

1. ALL SERVICES

1.1. Mover Data and Aggregated Data.

(a) “Mover Data” means information, data, and other content, in any form or medium, that is submitted, posted, or otherwise transmitted by you or on your behalf by an Authorized User through the Services or that is collected by us from your customers in the course of performing Services for your benefit; provided that, for purposes of clarity, Mover Data does not include Aggregated Data.

(b) “Aggregated Data” means data and information related to or derived from Mover Data or your use of the Services that is aggregated and anonymized to avoid identification of any individual natural person.

(c) Notwithstanding anything to the contrary in the Agreement, we may monitor your use of the Services and collect and compile Aggregated Data. As between us and you, all right, title, and interest in Aggregated Data, and all intellectual property rights therein, belong to and are retained solely by us. You acknowledge that we may compile Aggregated Data based on Mover Data. You agree that we may (i) make Aggregated Data available to third parties including our other mover customers in compliance with applicable law, and (ii) use Aggregated Data to the extent and in the manner permitted under applicable law.

1.2. Mover Data and Mover Systems

To the extent applicable to the applicable Services we have agreed to provide you, you have and will retain sole responsibility for: (i) all Mover Data, including its content and use; (ii) all information, instructions, and materials provided by or on behalf of you or any Authorized User in connection with the Services; (iii) your information technology infrastructure, including computers, software, databases, electronic systems (including database management systems), and networks, whether operated directly by you or through the use of third-party services (“Mover Systems”); (iv) the security and use of your (and your Authorized Users’) access credentials (if any); and (v) all access to and use of the Services directly or indirectly by or through the Mover Systems or your Authorized Users’ access credentials, with or without your knowledge or consent, including all results obtained from, and all conclusions, decisions, and actions based on, such access or use.

1.3. Ownership of Mover Data

We acknowledge that, as between us and you, you own all right, title, and interest, including all intellectual property rights, in and to the Mover Data. You hereby grant us a non-exclusive, royalty-free, worldwide license to reproduce, distribute, and otherwise use and display the Mover Data and perform all acts with respect to the Mover Data as may be necessary to provide the Services, and a non-exclusive, perpetual, irrevocable, royalty-free, worldwide license to reproduce, distribute, modify, and otherwise use and display Mover Data incorporated within the Aggregated Data. You may export the Mover Data at any time through the features and functionalities made available via the Services.

1.4. Cancellation

To cancel your Oncue account please submit a cancellation request to [email protected] along with the cancellation reason. We require a 30 day written notice for all cancellations. Additional cancellation terms applicable to each Package are as set forth in the applicable sections below.

2. ONCUE CLOUD or FULL SERVICE

The following terms apply to your use of either the Oncue Cloud or Full Service Packages:

2.1. Access

(a) Subject to and conditioned on your compliance with the Agreement, including without limitation our Acceptable Use Policy (located in the Mover Terms and Conditions) and any other usage limitations you agree to when you sign up, we will make available to you during the Subscription Period, on a non-exclusive, non-transferable (except in compliance with Section 12.8 of the Agreement), and non-sublicensable basis, access to and use of the Services, solely for use by your Authorized Users. This use is limited to your internal business purposes and the features and functionalities that are part of your selected Package. Each Authorized User must have its own unique account and Authorized Users may not share accounts with one another. You are responsible for the use of all activity occurring on Authorized User accounts, as well as all of the acts and omissions of its Authorized Users hereunder.

2.2. Third-Party Products

Oncue may sometimes make Third-Party Products available to you, or integrate Third-Party Products with the Services to enable the transmission of Mover Data from such Third-Party Products into the Services. For purposes of the Agreement, such Third-Party Products are subject to their own terms and conditions. If you do not agree to abide by the applicable terms for any such Third-Party Products, then you should not install or use such Third-Party Products. If you authorize Oncue to transmit Mover Data from Third-Party Products into the Services, you represent and warrant to Oncue that you have all right, power, and authority to provide such authorization. “Third-Party Products” means any third-party products provided with, integrated with, or incorporated into the Services.

2.3. Services

During the term of your Agreement with us, we will use reasonable efforts to perform the following Services:

(a) CRM Functionality: lead automation, texting, email campaigns, 3rd party lead import, quote request webform;

(b) Business Tools: business, marketing and sales analytics, Oncue mobile app, review management, customer portal;

(c) Operations Tools: Scheduling, payroll, dispatch, electronic Bill of Lading, inventory tool, quoting/invoicing, payment collection, document storage;

(d) and more! Oncue regularly adds new features and functionality, which may be made available to you over time.

2.4. Additional Terms

(a) Cloud Cancellation: Your account will be prorated for the remaining subscription fees that are due within that 30 days. Prorated subscription will be due upon termination of service. You will have access to your account within that 30 days. After 30 days your account will be deactivated and you will no longer have access to the system. Barring any chargebacks or disputes for the remaining jobs, there will be no further charges.

(b) Full Service Cancellation:  Your account will be prorated for the remaining subscription fees that are due within that 30 days. Prorated subscription will be due upon termination of service. You will have access to your account within that 30 days. After 30 days your account will be deactivated and you will no longer have access to the system. Upon termination, a $75 fee will be charged for any pending jobs and on-sites booked by Oncue that are scheduled beyond the termination date. In the event of cancellation or termination within 1 year of the date you signed up for Services, there is a fee equal to the cost of one month’s subscription.

ONCUE LITE or FULL SERVICE

The following terms apply to your use of either the Oncue Lite or Full Service Packages:

3.1. Services

During the term of your Agreement with us, we will use reasonable efforts to perform the following Services:

(a) Booking Services We will (i) respond to and follow up with all leads from all agreed upon sources, (ii) provide phone coverage for up to 63 hours per week, (iii) provide IVR (Call Routing) and recording, (iv) provide weekly call reports, and (v) provide an “auto dial” function for selected 3rd party lead sources and web form leads.

3.2. Your Obligations

You will provide us with all information reasonably necessary for us to provide the Services and will cooperate with us to facilitate our performance thereof. You acknowledge and agree that our booking services require that you provide “phone forwarding” for a minimum of forty (40) hours per week.

3.3. Subcontracting

We may subcontract all or any portion of the Services in our discretion; provided that we will remain responsible to you for the performance or non-performance thereof.

3.4. Additional Terms

(a) Job Payouts. Job payouts will be processed through our platform. When a final payment is received on a job, our booking fees will be charged against the credit card on file and the payment will be deposited into your bank account. You must utilize our electronic Bill of Lading to determine final payment amounts. If final payment information is not entered within 48 hours of final move date, we will automatically charge you a $150 fat rate commission or 10% of the estimated total, whichever is higher.

(b) Full Service Cancellation:  Your account will be prorated for the remaining subscription fees that are due within that 30 days. Prorated subscription will be due upon termination of service. You will have access to your account within that 30 days. After 30 days your account will be deactivated and you will no longer have access to the system. Upon termination, a $75 fee will be charged for any pending jobs and on-sites booked by Oncue that are scheduled beyond the termination date. In the event of cancellation or termination within 1 year of the date you signed up for Services, there is a fee equal to the cost of one month’s subscription.

(c) Oncue Lite Cancellation: Your account will be prorated for the remaining subscription fees that are due within that 30 days. Prorated subscription will be due upon termination of service. You will have access to your account within that 30 days. After 30 days your account will be deactivated and you will no longer have access to the system.