Triangle Access
Limitation of Liability for Cybersecurity: Triangle Access shall not be held responsible or liable for unauthorized access by third parties to information held by other individuals or organizations (commonly referred to as "hacking"). Furthermore, Triangle Access assumes no liability for viruses, malware, or harmful programming introduced by a customer or user, nor for any unlawful, unauthorized, or fraudulent access to a traveler’s account by any person. Users are responsible for maintaining the confidentiality of their own account credentials.
By registering for, requesting, accessing, using, or remitting payment for transportation services provided by Triangle Access, via the Triangle Access platform, the parent, legal guardian, court-appointed representative, or other authorized contracting party (“Contracting Party”) acknowledges that they have read, understood, and agreed to be legally bound by this Transportation Service Agreement, including all incorporated policies, procedures, safety requirements, payment terms, and future amendments.
The Contracting Party's execution of enrollment documents, submission of registration information, remittance of payment, authorization to transport the registered student between approved pickup, school, and drop-off locations. and continued use of Triangle Access services constitutes acceptance of this Agreement. This Agreement shall remain in effect for the duration of the student's enrollment unless terminated in accordance with Triangle Access policies or applicable law.
Transportation services are contingent upon the timely payment of all applicable registration fees, transportation charges, late fees, and other authorized charges. Triangle Access is under no obligation to commence or continue transportation services while an account remains delinquent or unpaid.
Invoices must be paid by the stated due date. A $20 late fee will be assessed when payment is not received by the due date. An additional $20 late fee will be assessed for each subsequent week that the outstanding balance remains unpaid, until the account is brought current.
Triangle Access reserves the right, to the extent permitted by applicable law, to immediately suspend, withhold, or terminate transportation services when:
During any period of suspension or non-payment of Triangle Access services, the Contracting Party is solely responsible for securing alternative transportation for the student. Triangle Access shall not be responsible for missed school, attendance issues, alternative transportation expenses, or other consequences resulting from the suspension of services due to nonpayment. Triangle Access is expressly absolved of any and all responsibility, duty of care, or obligation to transport the registered or pre-registered student between their residence and educational institution, or vice versa. The Contracting Party acknowledges and agrees that Triangle Access assumes no liability for missed educational instruction, alternative transportation costs, truancy implications, or any other direct or indirect consequences stemming from the suspension of transit services or non-payment due to the Contracting Party failure to remit payment.
Except where otherwise required by applicable law, payments made to Triangle Access are non-refundable.
Triangle Access reserves drivers, vehicles, staffing, route capacity, and operational resources based upon confirmed enrollment and scheduled transportation needs. Accordingly, refunds or credits will generally not be issued for:
The Contracting Party may request cancellation of services by providing written notice or verbal confirmation of cancellation to Triangle Access. Cancellation shall not relieve the Contracting Party of any financial obligation accrued before the effective cancellation date. Fees paid or billed for the current billing period are non-refundable unless otherwise required by law or approved in writing by Triangle Access Management.
Triangle Access may permit a student to retain an assigned route placement during an approved temporary absence.
A fee equal to 50% of the student's standard weekly transportation rate shall be required for each week the student is absent in order to maintain the student's assigned route placement. Payment of the Hold-the-Seat Fee compensates Triangle Access for maintaining route capacity, staffing, scheduling, and operational availability. Failure to provide the required notice or payment may result in the student's seat being released to another applicant.
A student's assigned transportation placement may be deemed abandoned when the student is absent without appropriate communication with Triangle Access. Following five (5) school days of absence without written notice and compliance with applicable payment requirements, Triangle Access may declare the student's route placement forfeited.
Triangle Access may then reassign the available route capacity to another student. Re-enrollment is not guaranteed and shall be subject to:
Triangle Access reserves the right to decline re-enrollment when transportation capacity is unavailable or when reinstatement would materially disrupt existing operations.
Transportation rates are established based upon multiple operational factors, including distance, travel time, route configuration, staffing, fuel, insurance, vehicle maintenance, and other operating expenses. When a student's residence or approved pickup location is located more than seven (7) miles from the student's school, Triangle Access reserves the right to assess an additional fee for extended travel time or distance. Triangle Access will make reasonable efforts to notify the Contracting Party of applicable rate adjustments before implementing the revised transportation arrangement.
Triangle Access prioritizes the safety of students, employees, and the public. Triangle Access may suspend, delay, modify, or cancel transportation services when weather, road conditions, traffic conditions, governmental directives, or other circumstances reasonably create an actual or potential safety risk. Triangle Access generally follows the closure and delay schedules of the student's applicable school district. However, Triangle Access retains the independent authority to suspend or modify services when it determines that transportation conditions are unsafe. No refund, credit, or makeup transportation shall be required for cancellations or disruptions caused by weather, unsafe road conditions, school closures, emergencies, or other circumstances beyond Triangle Access's reasonable control. Any exception remains at the sole discretion of Triangle Access Management.
Triangle Access shall not be deemed in breach of this Agreement, nor shall it be liable for any delay, interruption, modification, suspension, or failure to perform resulting from circumstances beyond its reasonable control. Such circumstances may include, but are not limited to:
Triangle Access will use reasonable efforts to resume services when conditions safely permit.
Triangle Access shall not be responsible for losses, injuries, damages, delays, or service disruptions caused by the acts, omissions, negligence, intentional misconduct, criminal conduct, or unlawful actions of third parties, except to the extent that liability is imposed upon Triangle Access under applicable law. Third parties may include, but are not limited to:
This provision includes circumstances involving third-party vehicle collisions, reckless driving, road rage, vandalism, theft, criminal acts, assaults, unauthorized interference with transportation services, or other harmful conduct.
Nothing in this Agreement shall be interpreted as relieving Triangle Access of any duty or liability that cannot legally be waived under applicable law.
To the fullest extent permitted by applicable law, Triangle Access, including its owners, officers, directors, employees, drivers, agents, contractors, and affiliates, shall not be liable for indirect, incidental, consequential, special, exemplary, or punitive damages arising from or relating to transportation services. This limitation includes, where permitted by law, claims involving:
Nothing contained in this Agreement shall limit or waive liability for gross negligence, willful misconduct, or any other liability that cannot legally be excluded or limited under applicable law.
The Contracting Party acknowledges that transportation by motor vehicle involves certain inherent and unavoidable risks, including traffic delays, weather conditions, mechanical interruptions, actions of other motorists, and other circumstances that may occur despite the exercise of reasonable care. By registering and remitting payment for the student in Triangle Access services, the Contracting Party acknowledges and accepts the ordinary risks reasonably associated with transportation services. This acknowledgment does not require the Contracting Party to waive any legal rights that cannot lawfully be waived.
To the fullest extent permitted by applicable law, the Contracting Party agrees to indemnify, defend, and hold harmless Triangle Access and its owners, officers, directors, employees, drivers, agents, contractors, and affiliates from claims, liabilities, damages, losses, judgments, penalties, costs, and reasonable attorneys' fees arising out of or related to:
The Contracting Party's indemnification obligations shall apply only to the extent permitted by applicable law and shall not require indemnification for losses resulting from Triangle Access's gross negligence, willful misconduct, or other conduct for which indemnification is prohibited by law.
Students must comply with all reasonable safety instructions issued by Triangle Access personnel. Prohibited conduct includes, but is not limited to:
Triangle Access may immediately suspend transportation when a student's conduct reasonably presents a risk to the student, driver, other passengers, vehicle, or public. The Contracting Party may be financially responsible, to the extent permitted by law, for intentional or negligent property damage caused by the student.
Triangle Access personnel may take reasonable action necessary to protect the health, safety, and welfare of students, drivers, passengers, and the public. In the event of an emergency, accident, dangerous road condition, medical concern, security threat, or other unexpected circumstance, Triangle Access may alter a route, delay transportation, contact emergency services, or take other reasonable action based upon the circumstances. The Contracting Party acknowledges that emergency decisions may need to be made without prior consultation when immediate action is reasonably necessary.
Triangle Access does not provide infant seats, convertible car seats, booster seats, or other individualized child restraint equipment. The parent or guardian is responsible for providing any child restraint system required by applicable law or reasonably necessary for the student's safe transportation. The restraint system must be appropriate for the student's age, size, and applicable legal requirements. Triangle Access may refuse transportation when required safety equipment is unavailable, damaged, inappropriate, or cannot be safely used. Missed transportation resulting from the failure to provide required safety equipment does not create an obligation for Triangle Access to issue a refund or credit.
Triangle Access will make reasonable efforts to maintain scheduled pickup and arrival times. However, all transportation schedules are estimates and may be affected by circumstances including traffic, weather, accidents, road construction, mechanical issues, passenger needs, or other operational conditions. Triangle Access does not guarantee exact pickup, drop-off, arrival, or departure times. The Contracting Party agrees that reasonable schedule variations or delays shall not constitute a breach of this Agreement.
Failure by Triangle Access to enforce any provision of this Agreement on one or more occasions shall not constitute a waiver of its right to enforce that provision in the future. Any waiver of a provision must be made expressly and in writing by an authorized representative of Triangle Access.
If any provision of this Agreement is determined by a court of competent jurisdiction to be invalid, unlawful, or unenforceable, the remaining provisions shall remain in full force and effect to the maximum extent permitted by law.
The invalid or unenforceable provision shall be interpreted or modified, where legally permissible, to most closely reflect its original intent.
This Agreement shall be governed by and interpreted in accordance with the laws of the State of North Carolina, without regard to conflict-of-law principles. Any legal action arising from or relating to this Agreement shall be brought in a court of competent jurisdiction as permitted by applicable law.
Triangle Access reserves the right to modify its policies, procedures, rates, routes, service requirements, and operational practices when reasonably necessary. Material changes may be communicated to enrolled families through email, the Triangle Access digital platform, written notice, or another reasonable method of communication. Continued use of transportation services after the effective date of an updated policy constitutes acceptance of the revised terms, to the extent permitted by applicable law.
By registering for, and remitting payment for transportation services provided by Triangle Access, via the Triangle Access platform, the parent, legal guardian, court-appointed representative, or other authorized contracting party acknowledges and agrees that: