Data and Communications Service Agreement Terms and Conditions:
Description of Service
THE TRACKING SERVICES ("SERVICES") PROVIDE VEHICLE LOCATION AND TRACKING FROM THE INTERNET VIA GEOTAB’S SERVER AND ASSOCIATED SOFTWARE. THE SERVICES INCLUDE A SECURE LOGON FOR ACCESSING AND TRACKING VEHICLES EQUIPPED WITH A TRACKING DEVICE ("DEVICE") DESIGNED TO SEND GPS POSITIONS AND EVENT NOTIFICATIONS TO THE COMPANY. THE MONTHLY SERVICES INCLUDES CELLULAR COMMUNICATIONS BETWEEN THE DEVICE AND THE COMPANY SERVERS, DATA HOSTING AND ACCESS TO THE MONITORING AND REPORTING WEB PORTAL OR STANDALONE SOFTWARE IF AVAILABLE.
Account and Payment Information
THE MONTHLY SERVICES FEE IS PAID IN ADVANCE PER DEVICE PER MONTH. THE MONTHLY BILLING CYCLE BEGINS ON THE FIRST DAY OF THE MONTH, DEVICES ACTIVATED THE PREVIOUS MONTH ARE PRORATED CALCULATED ON THE ACTIVATION DATE. IF PAYMENT OF SERVICE IS NOT RECEIVED WITHIN 15 DAYS OF YOUR INVOICE DUE DATE, SERVICES MAY BE SUSPENDED OR TERMINATED. HARDWARE PAYMENT IS DUE UPON SHIPMENT AND MONTHLY SERVICES ARE DUE ON THE 25TH OF THE MONTH.IT IS CUSTOMER’S RESPONSIBILITY TO MAINTAIN CURRENT AND ACCURATE ACCOUNT INFORMATION ON THE COMPANY SYSTEM AND TO EXERCISE DILIGENCE IN PROTECTING CUSTOMER’S LOGON AND PASSWORDS.
Cancellation and Company Cancellation
CUSTOMER CANCELLATION: NOTIFICATION OF CANCELLATION OF NEXT MONTH’S SERVICE MUST BE PROVIDED TO THE COMPANY VIA MAIL OR E-MAIL TO THE FOLLOWING ADDRESS: SUPPORT@FLEETHOSTER.COM, TWO WEEKS BEFORE THE END OF THE CURRENT PAID MONTH. THE COMPANY MAY CANCEL THIS AGREEMENT FOR ANY REASON BY PROVIDING NOTIFICATION TO THE CUSTOMER VIA MAIL OR E-MAIL TO THE EMAIL ADDRESS PROVIDED BY CLIENT TWO WEEKS BEFORE THE END OF THE CURRENT PAID MONTH. THERE ARE NO CANCELLATION PENALTIES. DEVICES THAT ARE CANCELLED CANNOT BE RESTARTED. UPON CANCELLATION ALL OPEN UNPAID INVOICES MUST BE PAID IMMEDIATELY. *AN ORDER SUBMITTED IS A BINDING AGREEMENT FOR GOODS AND OR SERVICES AND CAN ONLY BE TERMINATED BY APPROVAL OF FLEET HOSTER. *ALL DEVICES ARE RECOMMENDED TO BE INSTALLED BY A PROFESSIONAL INSTALLATION COMPANY AND MANUFACTURE GUIDELINES. IF ISSUES OCCUR WITH IMPROPER INSTALL FROM CUSTOMER, CUSTOMER IS RESPONSIBLE FOR ANY RELATED FEES/COST ASSOCIATED TO RESOLVE ISSUE.
CUSTOMER CANCELLATION: NOTIFICATION OF CANCELLATION OF NEXT MONTH’S SERVICE MUST BE PROVIDED TO THE COMPANY VIA MAIL OR E-MAIL TO THE FOLLOWING ADDRESS: SUPPORT@FLEETHOSTER.COM, TWO WEEKS BEFORE THE END OF THE CURRENT PAID MONTH. THE COMPANY MAY CANCEL THIS AGREEMENT FOR ANY REASON BY PROVIDING NOTIFICATION TO THE CUSTOMER VIA MAIL OR E-MAIL TO THE EMAIL ADDRESS PROVIDED BY CLIENT TWO WEEKS BEFORE THE END OF THE CURRENT PAID MONTH. THERE ARE NO CANCELLATION PENALTIES. DEVICES THAT ARE CANCELLED CANNOT BE RESTARTED. UPON CANCELLATION ALL OPEN UNPAID INVOICES MUST BE PAID IMMEDIATELY. *AN ORDER SUBMITTED IS A BINDING AGREEMENT FOR GOODS AND OR SERVICES AND CAN ONLY BE TERMINATED BY APPROVAL OF FLEET HOSTER. *ALL DEVICES ARE RECOMMENDED TO BE INSTALLED BY A PROFESSIONAL INSTALLATION COMPANY AND MANUFACTURE GUIDELINES. IF ISSUES OCCUR WITH IMPROPER INSTALL FROM CUSTOMER, CUSTOMER IS RESPONSIBLE FOR ANY RELATED FEES/COST ASSOCIATED TO RESOLVE ISSUE.
Unlawful Use and Unauthorized Usage
CUSTOMER AGREES NOT TO USE THE SERVICES OR DEVICES FOR ANY UNLAWFUL OR ABUSIVE PURPOSE OR IN ANY WAY THAT INTERFERES WITH COMPANY OR THE DEVICES. CUSTOMERS WILL USE THE SERVICES AND THE DEVICES IN COMPLIANCE WITH ALL APPLICABLE LAW, AND WILL COMPLY WITH ALL LAWS WHILE USING THE SERVICES OR DEVICES AND WILL NOT TRANSMIT ANY COMMUNICATION THAT WOULD VIOLATE ANY FEDERAL, STATE, OR LOCAL LAW, COURT, OR REGULATION. RESALE OF THE SERVICES IS PROHIBITED EXCEPT BY AUTHORIZED DEALERS. BY USING THE SERVICES AND/OR THE DEVICES, CUSTOMER AGREES TO ABIDE BY THE TERMS AND CONDITIONS OF ANY SOFTWARE LICENSE AGREEMENTS APPLICABLE TO ANY SOFTWARE ASSOCIATED WITH THE SERVICES OR DEVICES. CUSTOMER MAY NOT PROGRAM, DECOMPILE OR ALTER ANY OF THE SERVICES OR DEVICES OTHER THAN THE NORMAL PROGRAMMABLE PARAMETERS OF THE SERVICE OR DEVICE. THE COMPANY HAS THE RIGHT TO INTERRUPT SERVICES OR RESTRICT SERVICE TO ANY DEVICE, WITHOUT NOTICE TO THE CUSTOMER, IF CUSTOMER IS USING THE DEVICE IN A FRAUDULENT OR UNLAWFUL MANNER.
Limitation of Liability
To the maximum extent permitted by applicable law, the Company shall not be liable for any indirect, incidental, special consequential or punitive damages, loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, or other intangible losses resulting from (i) your access to or use of or inability to access or use these services; (ii) any content obtained from the services (iii) defects in the devices or normal wear and tear thereof; OR (iv) the installation. The company shall not be liable for product or service failures caused by any other company(s) involved in this agreement, including but not limited to manufacturers and cellular providers. The limitations of this subsection shall apply to any theory of liability whether based on warranty, contract, statute, tort (including negligence) or otherwise, and whether or not the company has been informed of the possibility of any such damage, and even if a remedy set forth herein is found to have failed of its essential purpose. This agreement is subject to change upon notification of the customer by the company.
Customer Notification Requirement for Device Malfunction
Customer shall promptly (within twenty-four hours of discovery by Customer or any of Customer’s personnel) notify Company of any malfunction or other issue affecting the performance or otherwise affecting any Device, and when any Device becomes inoperable. Customer waives any claim to a reduction or credit in fees for Services related to the applicable Device if Customer fails to comply with the notification requirement imposed by this paragraph as and when required by this paragraph.
Vehicle Communications BUS Limitation
Most telematics hardware installations connect to a vehicle communications bus: OBDII, J1939, J1708. These buses can provide diagnostic and vehicle information to the “Services”; however these buses also contain unique proprietary information to the vehicle manufacturer. There is no guarantee that vehicle bus: diagnostic and vehicle information will be available for every make and model manufactured. The Company will make every effort to provide the available vehicle bus information.
Indemnification
Customer agrees to defend, indemnify, and hold the Company and its affiliates harmless from any and all liabilities, losses, proceedings, suits, actions, damages, claims or expenses of any kind, including courts costs and reasonable attorneys’ fees, relating to (i) Customer’s breach of this Agreement or the Customer’s statements made in this Agreement (II) Customer’s violation of any applicable law, rule or regulation, and (ii) the use of the Devices or Services unless due to sole gross negligence of the Company or its affiliates. Customer agrees to pay reasonable attorney’s fees and all applicable costs incurred by the Company in enforcing this Agreement. This paragraph shall survive the termination of this Agreement.
Limitation of Action
Except for actions arising in connection with Indemnification (above), neither the Company nor Customer may bring legal action with respect to this Agreement more than one year after the legal action accrues.
Except for actions arising in connection with Indemnification (above), neither the Company nor Customer may bring legal action with respect to this Agreement more than one year after the legal action accrues.
Returns
• All returns require an RMA number please contact Fleet Hoster at support@fleethoster.com with your RMA request details to receive your RMA number and shipping instructions.
• The customer is responsible for all return shipping costs.
• All products returned for credit must be returned undamaged and unopened in the original packaging within 30 days of shipment.
Warranties and Hardware Warranty
THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED ABOUT THE COMPLETENESS, ACCURACY, RELIABILITY, SUSTAINABILITY, OR AVAILABILITY WITH RESPECT TO PRODUCTS SOLD OR SERVICES RENDERED. ANY RELIANCE YOU PLACE ON SUCH MATERIAL IS THEREFORE STRICTLY AT YOUR OWN RISK.HARDWARE
WARRANTY INFORMATION – PLEASE SEE THE MANUFACTURES WARRANTY IN HTTP://MY.GEOTAB.COM/EULA.HTML.
Additional Charges and Fees
RESTOCKING
All products returned for credit are subject to a restocking fee. The current restocking fee is as follows: 25% percent of the current list price.
REPLACEMENT POLICY & CHARGES
Replacements may be offered for non-warranty items that are determined to be non-repairable.
NO DEFECT FOUND (NDF) CHARGES
Charges will apply in the event that no defects are found on warranty or non-warranty items returned for repair. NDF charges are as follows: $45.00.
STANDARD REPAIR CHARGES (non-warranty)
Once we have repaired the product, we contact you with the repair charges. We require Customer approval for all repair charges prior to return shipping on the product.
REACTIVATIONS
Reactivation fee on all devices is $35 per device.
ACTIVATIONS
Dash cameras and asset trackers will activate no later than 14 days of shipment date.
CAMERA SUSPENSIONS
Camera suspensions are subject to a $7 per month per device fee.
BILLING CYCLE
We bill for hardware, current month, and next month service on shipment to be paid at time of shipment. Next invoice is due on 25th of the following month.
DATA OVERAGES
Camera data overages will be subject to $5.50 per 1 GB overages.
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