TERMS & CONDITIONS OF SERVICE

TERMS OF SERVICE

Last revised: 9th July 2023

Thank you for your interest in booqam!

Please read these terms of service together with the policies listed below carefully as these terms govern your access to and use of the Services and constitute a binding legal Agreement between you and booqam, Inc.

POLICY

Policies

Last revised: 2nd January 2021

Fuel Policy

User

The USER shall provide the required volume/quantity of fuel needed for each day’s operation which is 8 hours daily. The ESP determines the required daily fuel intake as per equipment

Owner

The Owner determines the required daily fuel intake as per equipment

The Pre & Post Inspection process should be completed, and uploaded to the booqam Message Center in order to confirm any overages related to the rental. We also recommend you keep all records on file for your own reference.

If the USER fails or refuses to complete or upload photos to the Inspection Center, or to respond to requests to do so, booqam reserves the right to treat this as confirmation that the information contained in the Inspection Center is accurate and the USER may be required to pay any additional expenses and charges.

All payouts will be processed according to contractual agreement ie  15/30/45/60 working or business days.

Equipment Operations

Each ESP is required to provide a dedicated operator who will be in charge of daily maintenance and running of the equipment as well as record keeping

Operator’s accommodation/Transportation to site of operation

USER is suppose to provide accommodation/transportation  for the operator for each off town operations.

Security of Equipment on site.

It is the USER’s responsibility to provide adequate security for both equipment and operator during the duration of rental .

Hour Policy

Renter

As a USER, you understand and agree to comply with the daily allowable hours (Usually eight hours) set by the ESP in their listing for the specific piece of equipment. If the USER exceeds the total allowable hours per rental, then the USER will be subject to additional charges.

Additional hours and charges therefore will be calculated based on either the hourly rate specified by the ESP in the listing or the daily rate divided by the allowable hours per day. All hours should be confirmed and referenced in the inspection center and should be uploaded to the booqam Messaging Center prior and after the rental.

All time sheets should be signed periodically i.e., daily, weekly, bi-weekly or monthly by representatives of user and      ESP

Booqam will confirm and validate hours via the inspection or messaging center uploaded photos to manually charge the USER if applicable. If the photo of the hour odometer is not up-to-date or the ESP does not properly document their hour gauge, then the USER will not be charged for any claimed overages.

Owner

The ESP should record the hours by documenting and uploading their photographs to the inspection center. We recommend you keep all records on file for your own reference. The ESP must document and upload photos of their Hour Meter prior to the rental. If the ESP does not properly upload photographs of the hour meter, booqam is not responsible and cannot charge any hourly overages to the USER, if you did not complete that section prior. We will base off the difference of hourly amounts in the Check In & Check Out section. If the Renter fails or refuses to document, or to respond to requests to do so, booqam reserves the right to treat this as confirmation that the information contained in the inspection centre is accurate and the Renter may be required to pay any additional expenses and charges.

All payouts will be processed through e-transfer or direct deposits may take up to 15/30/45/60 working  business days ,excluding holidays as indicated in contractual agreement .

Cancellation and Refund Policy

Rental Cancellation

In the event of a rental cancellation, the USER can expect a refund within up to 15 business days if payment already committed. Please view our cancellation page for more details.

This Cancellation Policy explains how booqam Inc (“booqam” or “we”) deals with future cancellations between ESP and USER, both parties have the ability to cancel their reservation once a request to book has been accepted. Please reference our cancelation chart below.

In countries where you receive payment proceeds via Stripe, you agree to be bound by the Stripe Terms, which may be modified from time to time.

Rental modifications

For any reservations where the USER requests a rental modification after the 48 hour period has ended, the cancellation policy comes into effect. Please ensure you select the correct dates before booking. If there are any modifications the USER shall contact Booqam within the 48 hour time frame. The ESP has full control of also modifying and working with the USER to accommodate any changes.

ESP no-shows

If an ESP does not provide the equipment at the reservation agreed date and time, try to contact us.  via email, phone or texting. We shall follow up with ESP to ensure timely delivery after a confirmation has been booked.  Contact info@booqam.com right away to provide a 100% full refund within 15 days. ESER are not held responsible if the ESP does not show up.

USER No Show

If the USER needs to cancel the reservation but are having trouble doing so, contact booqam Messaging Center and/or phone line. If the USER does show up to accept the delivery of the equipment or arrange transportation to pick up the reserved equipment(s), the ESP has a right to cancel and the USER will not receive a refund.

When USER want to return a piece of equipment earlier than the agreed reservation time and date. There will be no credits/refunds issued for early returns.

Early Returns

When USER want to return a piece of equipment earlier than the agreed reservation time and date. There will be no credits/refunds issued for early returns.

Before initial reserved start date:

Within 48 hours

100% full refund

After 48 Hours

No refund available

Note: All refunds will be processed up to 15 business days. All payments, cancellations and refunds are conducted through accounts payment was received.

ESP Cancellation Time Chart

Before initial reserved start date:

Can Cancel At Any Time

100% Refund to the USER

Note: All refunds will be processed up to 15 business days. All payments, cancellations and refunds are conducted through. Accounts payment was received from.

Eligibility and Maintenance Policy?

We recommend that you remove all personal property before making the Equipment available for a reservation. In addition, you should expect normal wear and tear on your Equipment and any Attachments, including minor scrapes and dings, in connection with your participation in the Services.

Use of the Equipment

When you book an Equipment through booqam, you should use the equipment in accordance with its intended use. You may not access an Equipment until the beginning of your reservation period and you should return the Equipment on time and in the correct location or have the ESP pickup the equipment on time to avoid additional fees (If owner is not providing a driver or operator as previously agreed). You are required at all times to operate the Equipment safely, and in compliance with all applicable laws, including without limitation, unintended use, horseplay, under the influences of drugs and alcohol, not modify the equipment, and use in compliance with the manufacturer specifications and prohibitions on impaired or distracted operation of the equipment. You are required to wear seat belts during the operation of the Equipment (if applicable). You shouldn’t leave the equipment unlocked or with the keys unsecured (such as in the ignition), and the equipment should be stored securely and safely. ESP are advised to provide drivers and operators for equipment

Condition of the Equipment and Optional Extras

You understand that third parties own the Equipment and Extras offered through the Services. Each ESP is responsible for complying with all legal requirements (including ensuring the Equipment is registered and insured) and maintaining their Equipment(s) in safe, operational and in good working manner. USER acknowledge that operators should be trained in the specific use of the equipment. After the request to book has been completed and communication has been established, the ESP should upload recent photos of their reserved equipment to the conversation platform between themselves and the Booqam. After the reserved piece of equipment is returned to the ESP, post photos should be uploaded to the same conversation platform to ensure no damages were incurred. USERS are advised to complete a visual inspection before beginning use of any Equipment. If a Renter finds damage in an initial inspection, the USER should upload photos of such pre- existing damage prior to the start of the rental to avoid future disputes. If a USER finds damage on an initial inspection and fails to report it, the USER, booqam, any third-party administrators, may assume that the damage occurred during the rental period. If, after the initial inspection, the USER believes that the equipment is not safe to operate, please do not use the Equipment; immediately contact the booqam team at info@booqam.com./Report@booqam.com

Incident Reporting

If there is ever an accident or incident during the rental period, USER should immediately report any damage to the Booqam. If an accident, incident, or theft has occurred, please immediately notify emergency services (E.g. police, fire, etc) and also please contact us at: info@booqam.com. USER will need to use all reasonable efforts to secure evidence from any available witnesses and to provide the booqam or third-party claims administrators with a written description of the incident and any other information requested, including identity and insurance information of any parties involved in the incident. USER are also required to cooperate in any loss investigation conducted by the ESP, booqam, third party claims administrators, or insurers. After an incident, you may not continue to use the Equipment unless you have the explicit permission of booqam staff. Failure to timely report an incident or cooperate in an investigation may reduce or invalidate your efforts and claims.

Repossession

The ESP, with Booqam’s  Knowledge, may repossess any Equipment booked through the Services without demand, at the USER’s expense, if the Equipment is not returned by the end of the reservation, is found illegally parked, apparently abandoned, or used in violation of applicable law or these Terms.

Lost/Stolen/Missing Equipment

Securing equipment, attachment etc. and personnel attached to rented equipment is sole responsibility of USER, at worksite, on the way to worksite and or around accommodation provided by USER. If any Equipment go(es) missing, is/are not returned and/or is/are stolen during the reservation period (or any extension period), USER are obligated to report these changes to the police/authorities and Booqam as soon as possible, and in no event later than twenty-four hours as part of their ongoing obligations with respect to the use of the Services, separate and apart from any further or other obligations which may be contained in any lease or rental agreement. Failure to comply with this obligation may lead to booqam banning USER from using the Services in our sole, absolute and unfettered discretion. Legal action shall also be instituted against the USER in other to recover the missing equipment at USER’s expense. USER hereby acknowledge and agree that they are solely responsible for reporting any missing or stolen equipment to the relevant authorities/police. ESP and USER acknowledge and agree that any disputes with respect to lost, missing or stolen equipment shall be between themselves alone and booqam shall not be made a party to any such disputes for any reason whatsoever. Complaints relating to lost, missing or stolen equipment may be submitted by Owners to info@booqam.com. booqam has the right, but not the obligation, to act on any such complaints received in our sole, absolute and unfettered discretion.

The following Sections also apply if you share your Equipment through the Services:

Information Given at Registration.

When you sign up for booqam, you will have specifications of equipment(s) that you want to list for sharing through the Services. Each Equipment should meet the requirements found here. You may only use the Services in connection with Equipment that you own or otherwise have all the necessary rights and permissions to share for compensation.

Equipment Availability.

Once a rental is booked, you should make the Equipment available or deliver the Equipment as expected by the USER. If you offer the USER the option to pick up your Equipment at a persistent specified location, you should supply the location of the Equipment accurately to booqam and ensure that the Equipment is available at that location at the beginning of the reservation period.

Listing Expiration

After a USER request to book a piece of equipment, the ESP has only 48 hours to accept and respond to Booqam. If not, the listing will automatically expire and no longer be available.

Cleaning Fee

Renters are required to pay a cleaning fee for each reservation. A cleaning fee of #5,000:00 is applied to each rental on the booqam platform. The Renter pays this fee which is in turn provided to the Owner to compensate the Owner for providing a clean and safe piece of equipment. All Owners are responsible to clean their equipment prior to a rental.

If a USER receives a rented piece of equipment and notices it has not been cleaned for their prior use. USER is required to take and upload pictures to the booqam messaging Center to show the ESP. booqam will validate the dispute and credit accordingly. USER take responsibility to do so before their rental begins. USER cannot claim an unclean piece of equipment after their rental has started.

Transportation

 ESP or USER have the availability to offer transportation for each listing. There will be an agreement by both ESP and USER on who provides transportation during negotiation and booking process. Transportation can be the responsibility of the ESP or USER.  ESP or USER should ensure their transportation decisions follow local, state and federal requirements. Safe operation and use should be followed. ESP and USER hereby acknowledge and agree that booqam has no connection to the equipment or any insurance or transportation carried in respect thereof. ESP and USER hereby acknowledge and agree to hold booqam harmless with respect to any claims of any kind whatsoever related to transportation and/or insurance.

Maintenance

ESP will be required to regularly check their Equipment for any defects in its operations or safety. ESP should promise that, at all times, your Equipment will be in safe, operational, in good mechanical condition, and in full compliance with all applicable inspection and registration requirements. You will only list Equipment(s) with a clean, non-salvaged, non- written off, non-washed, and non-branded title. You agree to respond to any applicable recall or similar safety notices and to complete any recommended action before allowing your Equipment to be booked. In addition, if booqam believes that your Equipment does not conform to reasonable standards, booqam may notify you and reserve the right to remove or decline listing your Equipment until its concerns have been resolved. booqam may, but does not commit to, undertake efforts to ensure the safety of Equipment booked through the Services. Learn more about our Equipment eligibility requirements here. All pieces of equipment shall have their annual inspection records up to date, any manufacture stickers depicting maximum loads and safe operating procedure/information.

Incident Reporting

If you believe that a USER has caused any damage to your Equipment, we strongly advise you to report that damage as soon as you become aware of it and to provide reasonable cooperation in the investigation of the damage so that it can be eligible for disputes as between you (ESP), the USER and your insurance company (if applicable). You must report and record all incidents to your insurance company directly as booqam is not responsible for any incidents that may occur at any time or times before, during or after the use of the Services.

Lost/Stolen/Missing Equipment.

If any Equipment go(es) missing, is/are not returned and/or is/are stolen during the reservation period (or any extension period), USER are obligated to report these changes to the Police and Booqam as applicable as soon as possible, and in no event later than twenty-four hours as part of their ongoing obligations with respect to the use of the Services, separate and apart from any further or other obligations which may be contained in any lease or rental agreement. Failure to comply with this obligation may lead to booqam banning USER from using the Services in our sole, absolute and unfettered discretion. ESP hereby acknowledge and agree that they are solely responsible for making due inquiry of USER through ESP’s operator on a reasonable basis to confirm the status of rented equipment and for reporting any missing or stolen equipment to the authorities should they so choose.  ESP or USER acknowledge and agree that any disputes with respect to lost, missing or stolen equipment shall be between themselves alone and booqam shall not be made a party to any such disputes for any reason whatsoever. Complaints relating to lost, missing or stolen equipment may be submitted by USER to info@booqam.com. booqam has the right, but not the obligation, to act on any such complaints received in our sole, absolute and unfettered discretion.

Pricing Policy

Transactional Fee

Booqam charges a transactional fee to ESP and USER of 10 percent or more of all charges. Notwithstanding any of the foregoing, we retain the right to deny additional charge requests by ESP in our sole, absolute and unfettered discretion.

Rounding Off

Booqam may, in its sole, absolute and unfettered discretion, round up or down amounts that are payable from or to ESP or USER to the nearest whole functional base unit in which the currency is denominated (e.g., to the nearest Naira, Dollar, Euro, Pound, or other supported currency) where permissible under applicable law.

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