SERVICE AGREEMENT
Contents
1. Part 1 f leetminder OBD 150 Web Subscription Agreement Thank you for purchasing the Fleetminder OBD 150 You can use this device with Live Tracking or SMS notifications Live Tracking Please complete this form and forward to Fleetminder to activate online tracking SMS Only A SMS voice prepaid or postpaid plan is required The SIM card supplied can be used for Telstra plans it is up to you to activate this SIM card with a SMS voice plan of your choosing If you would like to use a different carrier they will supply you with a new SIM card Please go to www tinyurl com kmw8xow for activation instructions Once this form is complete please forward to Fleetminder Please be sure to retain a copy for your records Email admin neltronics com au Fax 08 9383 7933 SIM Serial N 1 Customer s Details Name Company Name ABN Trading Name Your Fleetminder Dealer Street Address Postcode Postal Address Postcode Contact Person Email Phone Mobile Phone 2 Accounting Details if applicable Accounts Payable Contact Direct Line Email Fax Billing Address 3 Login Details If you are an existing Fleetminder user what is your login username OR Please choose a username and password USERNAME PASSWORD NOTE Your password can be changed later 4 Tracking Period O 3 months 60 inc GST includes SIM data charges O Discounted 12 months 200 inc GST includes SI2. Party Equipment forming part of the Risk The Customer expressly acknowledges that due to circumstances beyond the control of Fleetminder including but not limited to software viruses power failure electrical or topological interference equipment malfunction tampering by unauthorised persons and the actions and omissions by suppliers of telephone services Police or Emergency Services or security patrol services the Fleetminder Devices and Business Management Services may not operate as designed on a continual basis The Customer also acknowledges that Fleetminder is not responsible for damages to the Devices and Business Management Services or their failure to perform as a result of any location accident vandalism or other consequence The Customer therefore understands and agrees that Fleetminder will not be responsible for the failure of the Fleetminder Devices and Business Management Services and any resulting loss or damage when due to the circumstances outside its control as envisaged in clause 6 1 or otherwise The Customer acknowledges that Fleetminder is not responsible for malfunction of or failure to function by the Third Party Equipment or any damages caused as a result of such failure or malfunction The Customer acknowledges that regardless of the quality of data obtained by the Fleetminder Devices and Business Management Services or GPRS Service provider the Customer is liable to pay any agreed charges until a written Te
3. charged 5 days after the date of the invoice You will be charged system access fees for the balance of the month for devices deactivated before the end of the monthly billing cycle and will bear airtime usage fees up to the date of deactivation which includes any deactivation fees If any amount is not paid by the Due Date interest may be charged accruing back to the date of invoice for such amount at the rate of 15 per annum Version August 2014 Copyright HGI Pty Ltd 2014 fleetminder 1 2 1 3 14 15 1 6 1 7 1 8 2 2 1 23 3 3 1 3 2 3 3 3 4 4 41 4 2 4 3 44 4 5 6 6 1 6 2 6 3 6 4 6 5 7 7A Part 3 OBD 150 Between Hospitality and Gaming Investments Pty Ltd ABN 17 086 601 381 trading as Fleetminder of 4 50 Jersey Street Jolimont Western Australia 6014 Fleetminder And the Customer as identified on Part1 of this Agreement Definition 8 Termination Agreement shall mean this document and the provisions of Fleetminder Service 8 1 The Customer may terminate this agreement by giving at least 7 days written Agreement Software Application Services and GPRS services notice to Fleetminder Where the Customer is in default or the Customer Asset means any vehicle motorcycle plant and equipment or boat in which terminates this Agreement no refund of prepaid Business Management Fleetminder devices are installed Services fee will be
4. of credit card the whether deliberately or by mi F y or by misuse Customer must immediately notify Fleetminder of the loss theft or expiry of the 10 5 7 Fleetminder devices are affected by any system or asset malfunctions particular credit card so that payments are not terminated p caused by abnormal operation or by unspecified undocumented or ere Fleetminder activates a Telstra M2M data plan on the Customer s Telstra unexpected operation of any third party computer hardware or system account on their behalf the customer is responsible and liable to pay Telstra 10 6 Fleetminder goods come with guarantees that cannot be excluded under the for any data charges above the monthly included kilobytes The Customer is Australian Consumer Law The Customer is entitled to a replacement or refund for advised to monitor data usage closely to ascertain appropriate data plan a major failure and for compensation for any other reasonably foreseeable loss or Where SMS charges originate from a SIM card that is NOT owned by the damage The Customer is also entitled to have the goods repaired or replaced if Customer then the Customer accepts that Fleetminder will recover the cost of the products fail to be of acceptable quality and the failure does not amount to a the SMS charges from the Customer Opting to send SMS via Fleetminder major failure Messaging Service FMS will remove the need to recover such costs 10 7 This warranty does not apply to any Third
5. payable The Customer must pay any outstanding access or Fleetminder device means a GPS Tracking System using GPS and Satellite messaging charges as detailed in the Agreement up to the date of termination Technology and any future models or variations during the term of this Agreement 8 2 Fleetminder may terminate this Agreement by written notice Where Fleetminder GPRS Service Provider means the communications service provider being Optus terminates this agreement a pro rata portion of the Business Management Vodafone Three Telstra and may vary from time to time Services fee for the period not yet expired will be refunded to the Customer Business Management Service means communications services required for the 8 3 Upon Termination the Customer is responsible for terminating any GPRS Services Fleetminder device to transmit information to the Fleetminder web server not supplied by Fleetminder directly with the GPRS Service Provider Coverage Area means the GPRS wireless coverage area as defined by the selected GPRS service provider from time to time 9 Basis of Order Third Party Equipment means any equipment supplied by a third party to be 9 1 An order by the Customer will only be binding if it is issued on the Fleetminder installed in the Asset and used in conjunction with Fleetminder device Service Agreement Form or other purchase order document normally binding User Manual and Installation Manual means hardco
6. M data charges You must complete the Payment Authority form Part 2 This option For automatic renewal after 12 months please complete the Payment will renew automatically every 3 months unless subscription is Authority form Part 2 cancelled Please note To cancel your tracking subscription simply contact us before your subscription is renewed again 5 Important information about your Fleetminder device Your Fleetminder device comes supplied with an un activated Telstra SIM card The device will not transmit data until the SIM card is activated Upon processing of your tracking order by Fleetminder you will be able to access the tracking data for your vehicle on the Fleetminder website We will activate the SIM card set up your login and send you an email to confirm you are ready to go Ensure you have properly installed the device into your vehicle before logging on to the website Live tracking is dependent on the device being within mobile range When out of range data logs are stored and the website is refreshed when the device returns to GSM range Please note Tracking interval logs are every 10 minutes as standard 1 minute or 3 minute tracking available additional charges apply By signing this agreement the customer acknowledges that they have read understood and agree to the clauses in Part 3 Please sign Name Position Office Use Only Checked by Version August 2014 Copyrig
7. awing arrangements does not remove the obligation to pay moneys due to Fleetminder and alternative payment arrangements must be supplied Otherwise suspension of the communication service may apply Suspension fees and re activation fees apply Where you consider that a drawing has been initiated incorrectly you should take the matter up directly and immediately with Fleetminder Your Rights AERTS It is your responsibility to ensure that sufficient funds are available in the nominated account to meet a drawing on its due date Your responsibilities It is your responsibility to ensure that authorisation given to draw on the Account is identical to the account signing instructions held by the Financial Institution where the Account is based It is your responsibility to advise Fleetminder if the Account is transferred or closed It is your responsibility to arrange with Fleetminder a suitable alternate payment method if the drawing arrangements are cancelled either by you the nominated Financial Institution or Fleetminder se Fleetminder will invoice you on a monthly basis in arrears Fleetminder will invoice you in advance for all other services including system access fees set up and pre payments Billing amp Payment if any y aay Renee All invoiced amounts are due in full 30 days after the invoice date Due Date If you have provided a credit card authorization for payment of invoices your credit card shall be
8. ht HGI Pty Ltd 2014 Part 2 f leetm nde r Please retain a copy for your records Payment Authority Form Please complete either section 1 or 2 SECTION 1 Credit Card Details Name on Card Billing Address Card Type O Mastercard O AMEX 2 4 surcharge Card Exp mm yy CCV Number Signature Date authorise Fleetminder to charge this credit card for quarterly annual fees from this date until notified otherwise SECTION 2 Direct Debit Form Request for payment by the Direct Debit System Your name in full Surname Company Name or Business Name Given Names ABN or ARBN request that moneys due to Fleetminder for the supply of data communication services to me us be drawn under the Direct Debit System from the following account Account Details Account Name Note Direct debiting is not available on all accounts if in doubt please refer to your Financial Institution Name of Financial Institution at which account is held Address of Financial Institution BSB number of Financial Institution Account number the Account We understand and acknowledge that this Direct Debit Arrangement is governed by the terms of the Fleetminder Direct Debit Agreement set out below Your Signature s If joint account all signatures are required State name and title if signing on beha
9. lf of company business Your Address Postcode Fleetminder Direct Debit Service Agreement This agreement is with Hospitality amp Gaming Investments Pty Ltd ACN 086601381 trading as Fleetminder The direct debit drawing arrangements amount frequency and commencement date are determined by your payment obligations under the Agreement Fleetminder will only initiate a drawing when a payment is due from you under the Agreement If the due date falls on a non banking day Fleetminder will draw the amount due on the next banking day Fleetminder will not change the amount or frequency of the drawings arrangements without your prior approval unless expressly permitted by the Agreement Fleetminder reserves the right to cancel the drawing arrangements at any time and to arrange with you an alternate payment method Fleetminder will keep all information pertaining to your nominated account at the Financial Institution private and confidential Drawing Agreements Subject at all times to the provisions of the Agreement You may terminate the drawing arrangements at any time by giving written notice to Fleetminder Such notice should be received by Fleetminder at least 5 business days prior to the next payment date You may stop payment of a drawing by giving written notice to Fleetminder Such notice should be received by Fleetminder at least 5 business days prior to the next payment date Termination of dr
10. mmunications such a place as to make the security and identification details easily accessible to infrastructure landline or radio communications service Fleetminder shall not be any unauthorised person responsible for system or product performance due to the unavailability of these A services Live Tracking Service 10 4 Subject to clause 10 6 Fleetminder will repair at its absolute discretion any In return for a Management Service fee also known as tracking fee defective Fleetminder devices or component parts during the warranty period at Fleetminder will provide the Business Management Services as requested by its own expense the Customer commencing on the date agreed upon by the Customer and 10 5 This warranty shall become null or void if Fleetminder This includes free website upgrades 10 5 1 The Customer fails to comply with the User Manual or Installation Manual The Customer acknowledges that all Software Mapping Data and Reports remain operation instructions and information the property of Fleetminder and the Customer has rights to the use of Business 10 5 2 Any person who is not authorised by Fleetminder to modify service Management Services when Management Service fees are paid in full and up to repair assemble disassemble tamper with or remove the Fleetminder date devices or components thereof does so and causes damage Without limiting Clause 8 1 where the Customer has not prepaid for 10 5 3 The Customer s location has been i
11. nvolved in an accident or materially Management Services the Customer may be unable to access its asset tracking damaged and the Fleetminder devices have not subsequently been tested data and Fleetminder may not be obliged to provide the Management Service or approved by a Fleetminder authorised person whilst the Management Service fee remains unpaid 10 5 4 Fleetminder devices are exposed to environmental conditions beyond their Fleetminder provides historical data up to 6 months If the Customer wishes to intended application access data older than 6 months charges may apply 10 5 5 Fleetminder devices are affected by fire water or flood frost ice wind Prices amp Payments fusion immersion in any liquid lightning power surges induced electrical Title of the products does not pass onto the Customer until the devices have been surges including but not limited to Radio Frequency or Electromagnetic paid for in full Interference earthquake elements of nature or an act of God riot civil Where the Customer pays for goods and services by direct debit the Customer disorder vandalism strikes or industrial strife theft accident war lockouts A P a road closure or any similar cause beyond the reasonable control of acknowledges that Fleetminder is authorised to deduct all due Fleetminder payments on theduedates F z 10 5 6 Fleetminder devices are physically or operationally abused or damaged Where the Customer makes payments to Fleetminder by way
12. py or softcopy brochures on the Customer and signed by the Customer Fleetminder retains the right at all available from Fleetminder which may be amended from time to time which times to accept or refuse an order details the correct use of Fleetminder devices and Business Management Services 9 2 Fleetminder will arrange activation of the GPRS Management Service upon receipt of valid Activation information and instructions to be provided by the Customer Installation and Use of Fleetminder The Customer will use Fleetminder and the Business Management Service strictly 10 Warranty in accordance with the User Manual and Installation Manual and will ensure that 10 1 Fleetminder warrants that the products supplied will be free from defects in all other persons operating the Fleetminder devices and Business Management materials and workmanship for a period of twelve 12 months from the date of Services are familiar with the operation purchase Any such defects will be remedied by repair or replacement at the The Customer will be provided with security details User Log ins amp Passwords by discretion of Fleetminder This warranty shall only apply when the goods are Fleetminder or its representatives The Customer must not disclose their security used for their intended purpose as described in this Agreement and identification details to any other person or record or leave these details in 10 3 Where operation of Fleetminder is dependent on third party teleco
13. rmination of Services is received from the Customer subject to Clause 8 1 The Customer acknowledges that the laws vary between states and is advised to check the Surveillance Act for their local area Change Ownership The Customer must notify Fleetminder where the Customer s Devices have been assigned sold or leased to a third party This Agreement will terminate following entry into a new Agreement by the third party or otherwise in accordance with Clause 4 Order but Fleetminder will endeavour to preserve and pass onto the Customer any third party warranty applicable to Third Party Equipment Version August 2014 Copyright HGI Pty Ltd 2014
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