Please Note: A New-Kings Neighborhood Service Provider™ (NSP) comes in one of two flavors, either a one-person, solo operation, or a larger company. Some provisions below apply only to solo operation, and not to a larger company. For a New-Kings Solo Service Provider™ (SSP,) NKR publishes the owner’s portrait photo in his/her NKR listing. Furthermore, an SSP answers his/her own phone, and arrives to perform the service himself/herself. By contrast, with a larger company, it could be any one of several people who arrives to help the user. The term “NSP” applies to both solo operations and larger companies. The term “SSP” is limited, and refers only to a solo operation.
1) New Kings of Roadside LLC, hereinafter referred to as NKR, will maintain a listing service, in the form of a publicly-accessible website, for use by motorists who require roadside assistance, hereinafter referred to as “users,” for the purpose of providing to the users the contact information of a Neighborhood Service Provider™, hereinafter referred to as a NSP.
2) NKR will determine the “home” zip code of the NSP, which will serve as the basis for defining which users will see the NSP’s contact information.
3) The zip code submitted by the user to the listing service, will hereinafter be referred to as the “user location.”
4) Where a user utilizes the location feature on the NKR website to convert the GPS coordinates of the location of the user’s cellular telephone, or other mobile device, into a zip code which the NKR website accepts as input data for a query, such utilization shall be construed as the user having submitted the user location.
5) The results returned by the NKR website in response to a user query, shall hereinafter be referred to as the “user results.”
6) The NSP agrees pay to NKR a non-refundable application fee in the amount indicated by NKR’s fee schedule.
7) NSP Location: If the applicant is a larger company, the NSP hereby authorizes NKR to publish the address of the NSP’s office, referred to herein as the “NSP Location.” If the applicant is a SSP, the SSP hereby authorizes NKR to publish the address of the SSP’s residence, referred to herein as the “NSP Location.” NKR may elect to suppress, at the request of the SSP, the address of the SSP’s residence, and substitute the names of two streets that intersect near the address. The SSP should notify NKR in writing of such request, either as part of the application information, or as a change request. Where NKR suppresses the address of the SSP’s residence, the intersection constitutes the NSP location.
8) NKR will evaluate the NSP’s application information, and if NKR approves the NSP’s application, NKR will publish the NSP’s contact information, including the NSP’s cellular telephone number, on the NKR website, for a duration of at least one day during the calendar year following the date of initial receipt by NKR of the NSP’s application information.
9) The parties agree and understand that NKR may elect to remove the NSP’s listing from the NKR website, at any time, for any reason, with or without cause, and without notifying the NSP.
10) The parties agree and understand that only users who are within approximately ten miles of the address of the NSP location, can potentially receive user results that include the NSP’s contact information.
11) Primary and Secondary Coverage Areas: NKR will define coverage areas for the NSP by classifying zip codes near the NSP location, in terms of their proximity to the NSP location. The NSP’s “primary” coverage area shall refer to all zip codes where the driving distance, from the NSP location, to more than 60% of the surface area of the zip code, is five miles or less, excluding the NSP’s home zip code. The NSP’s “secondary” coverage area shall refer to all zip codes where the driving distance, from the NSP location, to more than 60% of the surface area of the zip code, is ten miles or less, excluding the NSP’s home zip code, and excluding zip codes in the NSP’s primary coverage area.
12) The NSP may elect to appeal NKR’s decision to exclude a zip code from one of the NSP’s coverage areas, provided that the NSP can demonstrate and support with documentation that 60% or more of the population of that zip code reside within the driving-distance radius for that coverage area. Such appeal shall be construed as a change request, which is chargeable.
13) The NSP may elect to move any zip code from the NSP’s primary coverage area, to the NSP’s secondary coverage area, however the NSP must charge, for services rendered in such zip codes, as if the NSP rendered the service in the NSP’s primary coverage area.
14) The NSP may elect to delete any zip code from the NSP’s coverage areas, however the NSP must charge, for services rendered in such zip codes, according to the zip code’s original classification as either primary or secondary.
15) The NSP may elect to request that NKR delete the NSP’s listing from the NKR website.
16) General Rules for Inclusion of the NSP in the Results Returned by the NKR Website to the User: Where the home zip code of five or more NSP’s match the user location, the user results returned by the NKR website, will include only those NSP’s. Where the home zip code of fewer than five NSP’s match the user location, the NKR website will append to the user results, any NSP where the user location matches the NSP’s lists of primary zip codes. Where the number of NSP’s whose home zip code matches the user location, plus the number of NSP’s where the user location matches a zip code on the NSP’s list of primary zip codes, total fewer than five, the NKR website will append to the user results, any NSP where the user location matches a zip code on the NSP’s list of secondary zip codes.
17) Solo Service Provider,™ Eligibility: This provision does not apply to a NSP that is a larger company. To be eligible for listing on NKR’s website as a Solo Service Provider™ (SSP,) the company must be comprised of one person, who is the company’s operator, sole owner, and the sole beneficiary of the company’s earnings, with no employees. No other person may assist the owner with customer contact, nor with rendering of routine services. When a user calls the SSP’s cellular telephone number, the person who answers the phone must be the owner. The person from the SSP who arrives at the customer location to render assistance, must be the owner. The parties understand and agree that NKR will advise the user to decline service, in the event that a person arrives at the customer location to render assistance who does not match the photograph, published on NKR’s website, of the SSP’s owner. The parties understand and agree that, where the user declines service on these grounds, the user shall not be liable for any payment to the SSP. The parties understand and agree that it is substantially and critically important to maintaining a user experience that remains consistent across all SSP’s, that the SSP adhere to the conditions stipulated in this provision, and that NKR reserves the right to remove the SSP’s listing, in the event that the SSP neglects to adhere to the conditions stipulated in this provision.
18) Solo Service Provider,™ Portrait Photograph: This provision does not apply to a NSP that is a larger company. A company who seeks to be listed on NKR’s website as a Solo Service Provider™ (SSP,) hereby authorizes NKR to publish a photograph of the face of the owner of the SSP. The purpose of the photograph is to provide a security feature for the benefit of the user, whereby the user can compare the photograph on the NKR website, to the face of the SSP upon arrival, in order to verify that the SSP is the person authorized to provide the service. The SSP must supply a photograph where the SSP’s face is clearly visible to the user so that the user can recognize the SSP upon the SSP’s arrival. The photograph must be square, pixel dimensions must be at least 144 (at 2” x 2” that would be resolution of 72 ppi), and must meet the US State Department “Requirements for a Good Passport Photo,” except that a) the SSP will not print the photograph, and b) the owner should display an appealing smile that will encourage customers to want to work with him/her. (https://travel.state.gov/content/passports/en/passports/photos/photos.html.)
19) Solo Service Provider,™ Required Documents: This provision does not apply to a NSP that is a larger company. A company who seeks to be listed on NKR’s website as a Solo Service Provider™ (SSP,) must submit electronically, a clear and legible photograph, photocopy, or scan, in pdf or JPEG format of a) The owner’s state-issued photo driver license, b) The front and back of the payment card used to pay for the NKR listing, bearing owner’s name, c) the portrait photograph of the owner, and d) proof of the physical address of the owner’s primary residence.
For proof of physical address, please provide TWO of the following, which must be issued within the preceding 60 days, and must show both the owner’s name and the physical address of the owner’s primary residence:
Utility Bill
Credit Card Statement
Bank Statement
Monthly Mortgage Statement
Auto or Life Insurance policy
Voter Registration Card
Deed, mortgage, or residential rental/lease agreement.
20) The NSP must publish a price for a “Basic Service Call,” as defined in NKR’s User-NSP Terms and Conditions. NKR will publish the price as part of the NSP’s listing.
21) Probationary Period: NKR will publish a subset of the contact information for a newly-listed NSP for a period lasting no longer than two weeks from the date on which NKR receives the application fee from the NSP.
22) Listing Data, Probationary Period: During the two-week probationary period, immediately after a NSP pays the application fee, NKR will publish a subset of the NSP’s contact information, which is limited to company name, owner’s name, cellular-telephone number, home zip code, and date first listed on NKR’s website.
23) Change Request: The NSP may submit a written request to have NKR change the information in the NSP’s listing. Such change is a chargeable service, with payment due in advance.
24) One Free Change Request: The fee for a NSP’s first change request is included in the application fee, provided the NSP submits the request within 90 days of initial submission of the NSP’s application. The intention of this provision is to allow the NSP sufficient time to establish a company website and to establish a presence with reputation websites.
25) NSP Declares Which Policies Will Govern the NSP’s Transactions: The NSP must declare one of three options:
a) adopt as a whole NKR’s standard NSP-User Terms and Conditions, or
b) publish on the NSP’s website the NSP’s terms and conditions, or
c) publish on the NSP’s website a statement of any exceptions to NKR’s standard NSP-User Terms and Conditions, along with a statement that the NSP otherwise adopts NKR’s standard NSP-User Terms and Conditions.
26) The NSP must publish hours during which the company provides service.
27) The NSP must limit published hours to those where the company is substantially ready, able, and willing to run calls.
28) For the overwhelming majority of incoming NKR calls, the NSP must answer the phone, and accept and run the call.
29) NSP Submits Invoice to User’s Plan: As a courtesy, at no additional charge to the customer, and included in the price of a basic service call, where the user’s Plan covers any portion of the cost of any service the NSP provides to the user, the NSP must submit the NSP’s invoice to the user’s roadside-assistance Plan on behalf of the user, to facilitate reimbursement from the Plan to the user.
a) The NSP must maintain, at the NSP’s expense, and carry at all times, supplies of printed invoice forms, postage stamps, and envelopes, for the purpose of submitting the NSP’s invoice to the user’s Plan.
b) The NSP must maintain, or have access to, a directory containing the proper mailing addresses, for mailing NSP invoices for purposes of reimbursement of the user, for each plan of all commonly-used motor clubs, auto-insurance companies, auto manufacturers, and other companies who offer a plan.
c) The NSP must maintain a working knowledge of which commonly-used plans limit users to providers dispatched by their plan, and deny coverage to users who choose to contact the NSP directly.
d) Within 24 hours of completing a service, you must mail, or otherwise submit, your company’s invoice to the user’s Plan.
e) At the time the NSP completes the service, the NSP must supply to the user, a copy of the NSP’s completed invoice. Such copy may be in the form of a photograph, sent to the user via text, or a paper duplicate. Where the invoice is in the form of an electronic file, the NSP must supply to the user a duplicate file, or equivalent file containing all data required by the user’s Plan.
f) The invoice that the NSP submits to the user’s Plan must contain:
(1) The NSP’s legal name
(2) The NSP’s mailing address
(3) The NSP’s telephone number
(4) The name of the contact at the NSP
(5) The date of the invoice
(6) The user’s policy number, and/or name of the user’s Plan (e.g. ToyotaCare)
(7) The user’s name
(8) The user’s telephone number
(9) The user’s mailing address
(10) The type of service and/or a brief description of the service
(11) The date and time of day at which the NSP completed the service
(12) The address, or other precise location information, of the disablement location
(13) The year, make, and model of the vehicle on which the NSP performed the service
(14) The VIN
(15) The odometer reading
(16) A breakdown of the charges, separating parts, labor, sales tax, surcharges, and other charges, including a description for each line item
(17) Any notes required to clarify the circumstances for the Plan’s administrator, up to 500 characters.
(18) Designation of the paid status of the invoice, and if paid, the payment method.
(19) Instructions to the user’s Plan to “Please Reimburse Customer.”
30) The NSP must not warrant, to the user, that any Plan will reimburse the user.
31) The NSP warrants that its technician is competent to perform jump starts, tire changes, lockouts, and fuel deliveries.
32) The NSP warrants that the NSP will arrive at the user location with sufficient tools and equipment to perform jump starts, tire changes, lockouts, and fuel deliveries.
33) The NSP understands and agrees that NKR is not a party to any transaction between the NSP and any user of the NKR website.
34) The NSP and the owner of the NSP hold harmless NKR from damages.