Terms of Service
THIS AGREEMENT made and entered into as of today’s date, by and between New Millennium Driving School, a New York corporation having principal offices at 577 Main St, New Rochelle, New York 10801, (“Driving School”) and you the customer (hereinafter referred to as “Customer”).
W I T N E S S E T H
Whereas Customer (or customer’s child or other minor) would like to learn how to drive, and desires Driving School to perform Training Services (hereinafter defined); and
Whereas Driving School desires to perform such Training Services on the terms and conditions set forth in this Agreement.
Now, therefore, in consideration of the mutual promises set forth herein, the parties hereto agree as follows:
1. Definitions. For purposes of this Agreement, the following definitions shall apply:
(a) “Vehicle” shall mean any car provided by Driving School.
(b) “Training Services” shall mean training in the use of a Vehicle.
2. Performance of training services.
(a) Driving School shall provide the requested number of days (as indicated in the training package) of Training Services at the times and places mutually acceptable to Driving School and Customer.
(b) Driving School shall be responsible for providing appropriate student and instructor materials as part of the Training Services, prior to the performance of such Training Services.
(c) During the period that Driving School is performing Training Services, Driving School shall provide Customer with access to the Vehicle.
(a) Customer shall pay Driving School for its performance of Training Services hereunder, the total amount indicated in the training package(s) or service(s) selected by customer, together with all taxes, payable in advance upon Customer’s assent to this Agreement.
(b) Customer shall pay Driving School a late payment charge of 1.5 percent per month, or the maximum rate permitted by applicable law, whichever is less, on any unpaid amount for each calendar month or fraction thereof that such amount is in arrears.
Customer acknowledges the representations of Driving School that the training material used by Driving School in the performance of the Training Services are confidential and proprietary to Driving School. Customer shall not disclose such training materials to third parties and shall limit access thereto, and to the Training Services, to only those employees who are actively engaged in the use and/or maintenance of the Vehicle.
5. Negation of warranty.
WHILE DRIVING SCHOOL BELIEVES THAT THE TRAINING MATERIALS USED IN THE PERFORMANCE OF THE TRAINING SERVICES ARE ACCURATE AND CORRECT, DRIVING SCHOOL DOES NOT WARRANT THE ACCURACY OR THE CORRECTNESS OF SUCH MATERIALS. DRIVING SCHOOL DOES NOT WARRANT THE RESULTS OF THE TRAINING SERVICES PERFORMED HEREUNDER, AND THERE ARE NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR PARTICULAR PURPOSE.
(a) This Agreement may be terminated/cancelled by Driving School, if:
(1) Customer fails pay Driving School any charges or taxes required hereunder;
(2) Customer is in default of any provision hereof and such default is not cured within thirty (30) days after notice thereof is given to Customer; or
(3) Customer becomes insolvent or seeks protection, voluntarily or involuntarily, under any bankruptcy law.
(b) In the event of any termination/cancellation of this Agreement, Driving School may:
(1) Declare all amounts owed to Driving School hereunder to be immediately due and payable;
(2) Enter Customer’s premises and repossess all training materials; and
(3) Cease performance of all Training Services hereunder without liability to Customer.
(c) The foregoing rights and remedies of Driving School shall be cumulative and in addition to all other rights and remedies available to it in law and in equity.
7. Limitation of liability.
IN NO EVENT SHALL DRIVING SCHOOL BE LIABLE TO CUSTOMER FOR ANY INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES OR LOST PROFITS ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE PERFORMANCE OR BREACH THEREOF, EVEN IF THE DRIVING SCHOOL HAS BEEN ADVISED OF THE POSSIBILITY THEREOF. DRIVING SCHOOL’S LIABILITY TO CUSTOMER HEREUNDER, IF ANY, SHALL IN NO EVENT EXCEED THE TOTAL AMOUNT PAID TO DRIVING SCHOOL HEREUNDER BY CUSTOMER. IN NO EVENT SHALL DRIVING SCHOOL BE LIABLE TO CUSTOMER FOR ANY DAMAGES RESULTING FROM OR RELATED TO ANY FAILURE OR DELAY OF DRIVING SCHOOL IN THE PERFORMANCE OF TRAINING SERVICES UNDER THIS AGREEMENT.
(a) Lesson packages are valid for a period of six (6) months from the date of your first lesson (the activation date).
(b) Cancellations: Customer agrees to give twenty-four (24) hour advance notice for any cancellation, including cancellation of lessons that occur during the duration of this agreement. Failure to cancel as required herein will result in a twenty-five dollar ($25) cancellation fee, which must be paid before Customer’s next lesson.
(c) Road test: It is Customer’s responsibility to travel with all required items for his/her road test, including customer’s learner’s permit, 5-hour class certificate, and prescription glasses if necessary. You are required to be at our office at least forty-five (45) minutes before your road test appointment, to compensate for any mishaps, including traffic. If you are under 18 years of age, it is also your responsibility to travel with your signed Certification of Supervised Driving (MV-262). You will not be allowed to take your road test if you fail to follow these instructions. If you lost your 5-hour class certifications, there will be a twenty-dollar ($20) cost for a replacement. Replacement are provided on Wednesdays at 5:20 PM and Saturdays at 10 AM only.
(d) If you schedule your own road test, you must immediately advise us, so that we can arrange to have your car on that day. You are also required to confirm the availability of a car for your road test no later than one (1) week before your road test, even if we schedule your road test.
(e) Customer agrees to pay a cancellation fee of fifty dollars ($50) for cancellation of his/her road test on the same day.
(f) Refunds: Customer understands and agrees that we do not issue refunds for any reason whatsoever. In some instances, we will issue a service credit toward any of our services.
(g) Any claim arising out of or related to this Agreement must be brought no later than one (1) year after the same has accrued.
(h) This Agreement is the sole agreement between the parties relating to the subject matter hereof and supersedes all prior understandings, writings, proposals, representations or communications, oral or written, of either party. This Agreement may be amended only by an instrument executed by the authorized representatives of both parties.
(i) This Agreement shall be interpreted in accordance with the substantive laws of the State of New York.