Terms and Conditions of Use
Joyner Transportation & Logistic Services, LLC
Georgia Roadside Assistance Terms & Conditions
These Terms and Conditions of Service, together with the Disclosure Statement and confirmation notice represent a complete statement of the agreement between Joyner Transportation & Logistic Services, LLC (“Joyner”) and you, the customer Joyner’s plans may vary by pricing, length of commitment and promotional incentives. Joyner’s plans include the prices and charges that a customer pays for the Roadside Assistance commodity that Joyner sells. These terms and conditions shall apply where appropriate to both customers who receive Roadside Assistance for personal, family, or household purposes and commercial customers otherwise to one or the other class of customers as indicated herein.
Special Notice of a Customer Right: For Personal Customers: These “Terms and Conditions of Service” are subject to the laws and regulations applicable to Motor Clubs and or Auto Clubs the state. Joyner will only apply these terms in a fashion consistent with those laws and regulations, including limitations on customer fees and deposits and return of deposits. Also, customers may utilize the dispute resolution process required by the Fair Consumer Act set forth by the state.
BASIC SERVICE PRICING: Under a fixed cost contract, Joyner will charge you a cost per month or year (contingent upon customer selection) for Roadside Assistance Coverage and services that will not reduce for the term of your contract. Pricing plans may vary with such factors as your credit and incentive packages that Joyner offers.
PAYMENT: Payment in full is due on or before the due date shown on your bill. For your convenience, we offer multiple options to submit payments: online, by phone, in person, by mail, or via AutoPay using a debit or credit card. Visit joynertransportation.com for further details. Joyner reserves the right to add, change, or terminate payment options at any time. Below are the current payment options:
• Check or money order by mail. Please allow five (5) days for mail delivery of payment.
• Automatic Bank Draft. Joyner’s bank draft payment plan automatically withdraws the amount due from your financial institution. Your account may be debited up to seven (3) days before the due date.
• Payment Locations. Payments can be made at certain walk-in payment centers. Walk-In Centers, also known as participating car dealerships and or Insurance agencies. Visit joynertransportation.com or call 1-800-397-9916 for payment locations. These centers accept cash payments for Joyner bills and may charge a processing fee of up to $5.00. Payments made at walk-in payment centers can take up to seven (7) days to process. If you have received a disconnect notice, and you choose to pay your bill at a walk-in payment center, please contact Joyner immediately with your receipt number.
• Pay by Phone. You may pay your Joyner bill automatically with a check or your VISA, MasterCard or Debit Card by phone using the automated payment service. A processing fee may apply for the use of this service. Visit joynertransportation.com or call 1-800-397-9916 for more information on this service
• e-Bill. You may pay your bill on-line with Joyner’s e-Bill at joynertransportation.com
CHANGE OF ADDRESS: When you enroll to purchase roadside assistance coverage from Joyner, you are agreeing to purchase coverage from Joyner for a particular location. If you move to another location, you will need to enroll separately for the new location as plans are designed by the state and jurisdiction and Joyner may not provide coverage in the new state If applicable.
LENGTH OF COMMITMENT: The length of your commitment to purchase roadside assistance coverage from Joyner varies depending on the plan you select. The Disclosure Statement and Confirmation Notice, included as a part of these Terms and Conditions, detail the terms of your plan, the rate per the length of service. Customers remain active in the motor club and or auto club until membership is canceled by the customer or by Joyner. Renewal Notices are sent each year for the customer at the anniversary date of membership (date joined the motor club) are mailed to the US mailing address on file for the customer.
RIGHT TO CANCEL: You will have the right to cancel coverage plan/membership purchases from Joyner at any time. To cancel your service with Joyner, call 1-800-397-9916. Joyner may charge you an early cancellation fee of $5.00 depending on the plan in which you are enrolled. If you terminate service due to relocating to another state/jurisdiction and Joyner does not offer services, early cancellation fees will be waived.
CHANGES TO TERMS AND CONDITIONS: Joyner may change the plans, terms, and conditions of its sales to you. Whenever Joyner proposes to change its terms of service under any type of agreement, Joyner will provide you notice of changes in your preferred method of communication before they are effective. The notice will describe the changes in the Terms and Conditions and explain your options in response to the changes. If changes in law orders and rules require a change in the way Joyner sells coverage to you, Joyner will make the required change, and Joyner will continue to sell coverage to you under the plan in which you are enrolled. If Joyner initiates a change in your plan, you will have the option of changing your plan and we will inform you of that option when it applies. If we properly terminate your membership/coverage for non-payment, your contract with Joyner for the service terminated may be void. Reinstatement of membership/coverage of service to you may require a new contract that may or may not contain the same terms.
LIMITATION OF WARRANTY: Joyner is selling you a coverage that is produced and or transported by other businesses. Joyner makes no representations or warranties other than those expressly stated in these Terms and Conditions. Joyner expressly disclaims all other warranties, express or implied, including merchantability and fitness for a particular purpose. Joyner will meet applicable industry quality standards. Joyner is not responsible for the delivery of gas to your premises. Joyner is undertaking no obligations, responsibilities, or liabilities upon and after delivery of service/roadside assistance. Joyner exercises no independent control over third parties' operations necessary for the delivery of service, and Joyner undertakes no responsibility or liability for the operations of third parties or interruptions, termination, or deterioration of its delivery of services due to actions by third parties. Joyner undertakes no responsibility for other operations or resulting interruption of upstream transportation.
ACCIDENTS AND DAMAGES TO CUSTOMER PROPERTY: In the unlikely event damages are done to a customer's vehicle, the customer must contact Joyner immediately. A Damage Vehicle Report will be filed and Joyner will reach out to the Service Provider. If liability is accepted by the Service Provider, the customer will work directly with the Service Provider to complete the repairs to the vehicle. If liability is not accepted by the Service Provider, Joyner will conduct its investigation of the accident or incident. If Joyner does not find negligence with the Service Provider, Joyner will notify the Service Provider and the customer via phone call and in writing. If Joyner does find negligence with the Service Provider then Joyner will pay for the customer damages after photos and repair estimates are reviewed and approved by Joyner. If repair estimates are not agreed upon between the repair facility and Joyner, the customer may be asked to select a different repair facility or be responsible for the difference out of pocket. Joyner will not pay for any damages we find to be unrelated to accidents or incidents.
TOWING AFTER VEHICLE ACCIDENT: If a customer requests tow service after an accident Joyner will dispatch a tow. Joyner will not tow to a storage facility where storage fees are assessed. Joyner will only tow the vehicle to a residence or repair facility. If a customer requests towing from a repair facility Joyner will dispatch a tow only after verifying that storage fees have been paid by the customer or an insurance carrier. Joyner will not pay any storage fees or miscellaneous fees.
GOVERNING LAW: Joyner sales to you will be governed by the laws of the State of Georgia, including the laws applying to the sale of goods and services and the applicable provisions for Motor Clubs and or Auto Clubs as adopted by the State of Georgia.
CONTACT INFORMATION: Joyner representatives can be contacted at 800-397-9916 24 hours a day, 7 days a week. You can also contact us via mail at Joyner 1201 W Peachtree Street NW Suite 2304, Atlanta, Georgia 30309, or at email@example.com.
BILLING DISPUTES: If you think your bill is incorrect, Joyner recommends that you contact us within thirty (30) days of the date of the bill in dispute. You will not be responsible for paying the “disputed portion” of the bill during the investigation period but will be responsible for timely payment of charges not in dispute. The disputed portion of the bill will not incur any late fees or be subject to collection procedures during the investigation. If you receive bills that undercharge or fail to charge for legitimate services, you will be given ninety (30) days, or a greater period, if reasonable, and confirmed in writing by Joyner to pay the correct amount and no late charge or interest will be charged on the corrected amount during the said period.
Joyner will use good faith efforts to resolve any customer disputes promptly. Joyner will contact you with the resolution of your dispute within 30 days of receipt of the dispute.
Joyner may call or text you at that number with important service notifications related to your account, including collections. These calls or text messages may be made using an automatic dialing system or a pre-recorded voice message. You may opt-out of receiving auto-dialed or pre-recorded calls or text messages on your cellular telephone by notifying Joyner by email at or in writing at Joyner, 1201 Peachtree Street NW, Atlanta, Georgia 30309 with the subject “Joyner: Cell Phone Opt-Out”. Even if you opt-out, we will continue to communicate with you by other means, including your preferred method of communication. Your opt-out will not apply to notices of coverage termination/ membership termination, and other communication that may impact your health and safety or the health and safety of others. By enrolling to the motor club/ auto club from Joyner, you agree that you will maintain up-to-date contact information with Joyner, including your current primary and alternate phone numbers, and that you will notify Joyner immediately of any changes to your phone number(s), email address, or billing address.
CANCELATION FEE: Joyner memberships are measured by terms. Each term lasts one calendar year from the enrollment date of membership. Members are welcome to cancel at any time for any reason. If members opt to cancel their membership before their term ends, customers will be charged a $5.00 cancellation fee. If you terminate service due to relocating to another state/jurisdiction and Joyner does not offer services, early cancellation fees will be waived.
COVERAGES AND AMOUNTS: Joyner negotiates special rates for the emergency roadside services that are provided to our customers. If services. Joyner is billed directly by our service providers. If a customer wishes to purchase services outside of their membership coverage the customer will be billed directly for the difference. We will pay the fair costs incurred by Roadside Assistance Services for a. up to one hour of labor covered vehicle at the place of its breakdown; b. towing up to 75 miles when the vehicle is not drivable; c. towing a covered vehicle out of a location where it is stuck if the vehicle is on or immediately next to a public road up to 75 miles; d. delivery of gas, oil, battery, or tire necessary to return a covered vehicle to driving condition. Joyner does not pay the cost of the gas, oil, battery, or tires and e. up to one hour of labor for locksmith services to unlock a covered vehicle if the key is lost, stolen, or locked inside of the vehicle. Coverages go in to effect and are active three days (72 hours) after enrollment date of joining the auto/ motor club.
LIMITATIONS: Joyner reserves the right to cancel membership to an auto club or motor club should a member use Roadside coverage excessively, Joyner will send a notice indicating excessive use to the customer should their roadside coverage be requested 3 or more occurrences in a term. A Membership can be canceled after the fourth use in a calendar year.
ROAD REPAIR: Joyner uses membership dues collected for road repairs, business expenses and utilization and repairs to roadways in the community, Motor club / Auto club members may report road damage to Joyner. Joyner reviews those road damages reported and works with city officials to make the necessary road repairs. Not all requests will be honored, due to budgeting, permit, or city/ town restrictions or approval. Decisions on road repair projects are placed in writing and sent to the customer.
ELECTRONIC DELIVERY: With your consent, we may, if allowed by state law, electronically deliver any document or notice, including a notice to renew, non-renew, or cancel membership instead of mailing it by US Postal Mail. Proof of transmission will be sufficient proof of notice.
EXCEPTIONS: Joyner understands that all circumstances are not the same and some circumstances may warrant being handled outside of normal guidelines. Joyner reserves the right to make exceptions for customers.
CUSTOMER REIMBURSEMENT: Joyner roadside assistance customers may pay for services out of pocket in the event they do not wish to wait for a service provider or travel outside of coverage areas. If a customer opts to pay for services out of pocket, they may be reimbursed for services. Reimbursements will be made within coverages within memberships and customers will be responsible for the differences. Customers can send in invoices and receipts to firstname.lastname@example.org.
LATE PAYMENT, NONPAYMENT, CANCELLATION OF COVERAGE AND COLLECTION: Your membership/coverage will be subject suspension/ cancellation to if a bill for coverage is not paid within at least thirty (30) days after the date of the bill. Joyner will deliver a notice of the proposed termination of coverage at least fifteen (15) days before the date of disconnection, via your preferred method of communication. Joyner may terminate coverage less than 30 days from the date of the last bill if the account has been proven fraudulent. Joyner may also terminate coverage because of debt incurred at an address on another membership account or when the debt was transferred to the current account after being 30 days past due.) Before service is disconnected, Joyner will offer at least one (1) reasonable payment arrangement in writing. Coverage will not be terminated by Joyner for nonpayment of a bill that was not sent to you promptly or for any portions of a bill resulting from a billing dispute. At least two (2) days before the proposed disconnection, Joyner will make a good-faith effort to contact you. Thirty (30) days after your service is disconnected, your account may be sent to a third-party collection agency for further action. If you ask to have your coverage reinstated, Joyner will require you to provide payment for any outstanding balances for coverage provided, and you may be charged an applicable reinstatement fee of no more than $5. If there are previous returned payments, you will be required to pay the applicable fees by either cash or credit card. Also, at the time of reinstatement, you may be subject to modified Terms and Conditions of service which will be communicated to you at that time.
—— BINDING ARBITRATION
If you have a Dispute (as defined below) with Joyner that cannot be resolved informally, you and Joyner must arbitrate that Dispute under the terms of this section (the “Arbitration Provision”) instead of litigating the Dispute in court, except for small claims as provided below. Arbitration means that you will have a fair hearing before a neutral, independent arbitrator instead of in a court by a judge or jury. The decision of the arbitrator will be final and binding. BY ACCEPTING SERVICE FROM JOYNER, YOU HAVE AGREED TO RESOLVE ALL DISPUTES (EXCEPT FOR SMALL CLAIMS AS PROVIDED BELOW) THROUGH BINDING ARBITRATION BY AN INDEPENDENT ARBITRATION ASSOCIATION AND YOU HAVE WAIVED THE RIGHT TO FILE AN ACTION IN COURT.
As used in this Arbitration Provision, the term “Dispute” means any dispute, claim, or controversy between you and Joyner regarding any aspect of your relationship with Joyner, including motor cub/ auto club membership provided by Joyner, that has arisen or that may arise in the future, whether based in contract, statute, regulation, ordinance, tort (including, but not limited to, fraud, misrepresentation, fraudulent inducement, negligence, or any other intentional tort), or any other legal or equitable theory. The term “Dispute” also includes any dispute regarding whether a particular controversy is subject to arbitration, including any claim as to the enforceability of this Arbitration Provision. “Dispute” is to be given the broadest possible meaning that will be enforced. As used in this Arbitration Provision, “Joyner” means Joyner Transportation & Logistic Services, LLC, and its officers, directors, employees, members, affiliates, and agents, and any other party that you may contend is jointly or severally liable with any of the foregoing parties.
INFORMAL DISPUTE RESOLUTION: Most customer concerns can be resolved quickly and informally. If you have a complaint or a Dispute with Joyner, please contact us. Representatives can be contacted at 800-397-9916 24 hours a day, 7 days a week. You can also contact us via mail at 1201 Peachtree Street NW, Atlanta, Georgia 30309 or email@example.com. Please provide your service address and your Joyner account number. If you are unable to resolve the issue to your satisfaction, further action can be taken.
In the unlikely event that Joyner is unable to resolve a complaint or dispute to your satisfaction (or if Joyner has not been able to resolve a dispute it has with you after attempting to do so informally), we each agree to resolve all disputes through binding arbitration by an independent Arbitration Firm or, if it is a claim for $15,000 or less, in Magistrate Court. Any arbitration or Magistrate Court action will be on an individual basis only; class arbitrations and class actions are not permitted.
INITIATION OF ARBITRATION PROCESSING/ SECTION OF ARBITRATOR
(a)Notice of Dispute: A party who intends to seek arbitration (whether they have tried to resolve the Dispute informally or not) must first send to the other, by certified mail, a written Notice of Dispute (“Notice”). The Notice to Joyner should be addressed to Joyner 1201 W Peachtree Street NW, Atlanta, GA 30309 (“Notice Address”). The Notice must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought (“Demand”). If Joyner and you do not reach an agreement to resolve the Dispute within 30 days after the Notice is received, you or Joyner may commence an arbitration proceeding. For commercial customers, the arbitration will be governed by an Independent Arbitrator/ Rules, except as modified by these Terms and Conditions. For residential customers, the arbitration will be governed by an Independent Arbitrator Arbitration Rules, except as modified by these Terms and Conditions. During the arbitration, the amount of any settlement offer made by Joyner or by you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or Joyner is entitled. The Notice form is available by calling 800-397-9916.
ARBITRATION PROCEDURES: The Federal Arbitration Act (“FAA”), not state arbitration law, will govern the arbitrability of all Disputes. However, applicable federal law or Georgia law may apply to and govern the substance of any Disputes. Any state statutes about arbitration shall not be applicable under this Arbitration Provision. If there is a conflict between this Arbitration Provision rules, this Arbitration Provision shall govern. If the Independent Arbitration Firm will not enforce this Arbitration Provision as written, it cannot serve as the arbitration organization to resolve your dispute with Joyner. If this situation arises, the parties shall agree on a substitute arbitration organization. If the parties are unable to agree, the parties shall mutually petition a court of appropriate jurisdiction to appoint an arbitration organization that will enforce this Arbitration Provision as written. Joyner will bear the costs and attorneys’ fees associated with such a petition. If there is a conflict between this Arbitration Provision and the rest of these Terms & Conditions, this Arbitration Provision shall govern.
A single arbitrator chosen by the Independent Arbitration Firm will resolve the Dispute. You should know that participating in arbitration may result in limited discovery. The arbitrator will honor claims of privilege recognized by law and will take reasonable steps to protect customer account information and other confidential or proprietary information. The arbitrator will make any award in writing but need not provide a statement of reasons unless requested by a party. An award rendered by the arbitrator may be entered in any court having jurisdiction over the parties for purposes of enforcement.
WAIVER OF CLASS ACTION: ALL PARTIES TO THE ARBITRATION MUST BE INDIVIDUALLY NAMED. THERE SHALL BE NO RIGHT OR AUTHORITY FOR ANY CLAIMS TO BE ARBITRATED OR LITIGATED ON A CLASS ACTION OR CONSOLIDATED BASIS OR ON ANY BASIS INVOLVING CLAIMS BROUGHT IN A PURPORTED REPRESENTATIVE CAPACITY ON BEHALF OF THE GENERAL PUBLIC (SUCH AS A PRIVATE ATTORNEY GENERAL), OTHER RECIPIENTS OF AUTO CLUB / MOTOR CLUB SERVICES FROM JOYNER, OR OTHER PERSONS SIMILARLY SITUATED. YOU ALSO AGREE NOT TO PARTICIPATE AS A CLASS MEMBER IN ANY SUCH PROCEEDING
LOCATION OF ARBITRATION: Individual customers: If the amount of the claim is $25,000 or less you may choose whether the arbitration takes place in person, by telephone, or on written submissions. If the amount of the claim is more than $25,000 the type of hearing shall be determined by the Independent Arbitration Firm rules. If an in-person hearing is to be held and the parties do not agree on the location, then the hearing will take place in the county where you are billed.
Commercial Customers: The applicable procedures, including the location of a hearing, if needed, shall be determined by the Commercial Arbitration Rules.
Payment of Arbitration Fees and Costs: JOYNER WILL PAY ALL ARBITRATION FILING FEES AND ARBITRATOR’S COSTS. YOU ARE RESPONSIBLE FOR ALL ADDITIONAL COSTS THAT YOU INCUR IN THE ARBITRATION, INCLUDING, BUT NOT LIMITED TO, ATTORNEY’S FEES (IF YOU CHOOSE TO BE REPRESENTED BY AN ATTORNEY) AND EXPERT WITNESS FEES. YOU SHALL NOT BE REQUIRED TO REIMBURSE JOYNER FOR THE FILING FEES AND ARBITRATION COSTS PAID BY IT UNLESS THE ARBITRATOR DETERMINES THAT YOUR CLAIM WAS FRIVOLOUS. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS ARBITRATION PROVISION, JOYNER WILL PAY ALL FEES AND COSTS THAT IT IS REQUIRED BY LAW TO PAY, INCLUDING PAYMENT OF YOUR ATTORNEY’S FEES AND LITIGATION COSTS, IF REQUIRED, BY APPLICABLE LAW. ALSO, IF THE ARBITRATION AWARD IS GREATER THAN JOYNER’S LAST WRITTEN SETTLEMENT OFFER OR IF JOYNER DID NOT MAKE A SETTLEMENT OFFER TO YOU, JOYNER WILL PAY TWICE THE AMOUNT OF YOUR ATTORNEY’S FEES, REIMBURSE THE EXPENSES REASONABLY INCURRED BY YOUR ATTORNEY IN PURSUING YOUR CLAIM AND A $7,500 MINIMUM RECOVERY, PROVIDED, HOWEVER, YOU MAY NOT RECOVER DUPLICATIVE AWARDS OF ATTORNEY’S FEES AND EXPENSES. ALTHOUGH UNDER SOME LAWS, JOYNER MAY HAVE THE RIGHT TO AN AWARD OF ATTORNEY’S FEES AND EXPENSES IF IT PREVAILS, JOYNER AGREES NOT TO SEEK SUCH AN AWARD.
After Arbitration: You and Joyner agree that where the amount at issue is a claim within the jurisdiction of the Magistrate Court and is an individual as opposed to a class claim, you or Joyner may elect to seek resolution of the Dispute in the Magistrate Court. You and Joyner further agree that any appeal from the Magistrate Court, including a de novo appeal, shall be by binding arbitration under the provisions of this section IV. Any such appeal shall be commenced by giving the Notice described in the Initiation of Arbitration section above.
—— DISCLOSURE STATEMENT
This Disclosure Statement provides important information about your service with Joyner. This Disclosure Statement should be read in conjunction with the “Terms and Conditions of Service” and your confirmation notice for a complete statement of the agreement between Joyner and you, the customer.
YOUR CONFIRMATION NOTICE: highlights your plan, terms of service, cancellation fees, and your preferred method of communication.
LENGTH OF SERVICE: Your service will begin on the date you the customer enrolls as a member of the Motor Club / Auto Club. Your particular term start and end dates are shown in your confirmation notice.
FIXED-RATE CONTRACT: Under a fixed cost contract, Joyner will charge you a fixed cost per month for your membership that will not change for the term of your contract. Rates and fees may change for any rate change period and such changes will be stated in the applicable notice.
For personal customers, your fixed cost does not include state and local taxes, which will be charged separately.
For commercial customers, your fixed cost does not include state and local taxes which will be billed separately. Please refer to the Account Summary as a reminder of the plan you have chosen.
BILLING AND PAYMENTS: You will be billed based on your monthly membership plan. Your bill will include all applicable federal, state, and local taxes and charges. Your bill may also include adjustments related to previous billing errors, miscalculation of taxes, or other errors or omissions as current laws and regulations permit.
For personal customers, Joyner will post payments to your account promptly. Joyner will not pursue the collection of account balances less than $2. Joyner has the right to transfer a past-due balance from one account to an active account under the same customer name.
For commercial customers, If you are a tax-exempt entity, you will be responsible for providing the necessary exemption certificate. Tax exemption begins on the billing cycle after receipt of the necessary exemption certificate.
ADDITIONAL FEES: For personal/individual customers, if your payment is late, and any past-due amount is greater than $30, Joyner has the right to charge a late fee of $10 or 1.5 percent of the past due amount, whichever is greater. Under Georgia law, should you issue a payment to Joyner which is dishonored by your financial institution, you will be notified to pay the full amount, plus a service charge of $30, plus any fees charged to Joyner by your bank or financial institution as a result of your payment not being honored. Unless the total amount of the foregoing is paid in full within ten days, Joyner will be entitled to file a civil suit under Georgia law against you for two times the amount of the payment, but in no case more than $500, in addition to the payment of the dishonored amount, plus any court costs incurred by Joyner in taking the action.
PAYMENT ARRANGEMENTS: Customers are entitled to one reasonable payment arrangement before disconnection, and must contact Joyner to establish the terms. Joyner will confirm agreed-upon terms in writing via internal account notation, email, and or SMS text message. Cellular carrier charges may apply.
RIGHT OF RECESSION: A consumer shall have a three day right of rescission following receipt of this Disclosure at the time of initiating service or when informed of a change in terms or conditions. You, the consumer, may cancel in writing or electronically by contacting Joyner. When a cancellation is requested under the right of recession, the $5.00 cancellation fee will be waived.
CREDIT POLICY: For individual/personal customers, as part of your application for service, Joyner may require your consent to obtain a consumer credit score. Your credit score, your payment history, or the information you provide may influence motor club/auto club application approval. Your payment history or additional information such as your payment history from utility service (electricity, telephone, or gas) may also be required as a condition of service. If Joyner declines to offers you terms of service or a membership plan other than our best offer, Joyner will send you a notice in writing explaining the reason for the decision.