Third Party Product Terms
These Third Party Product Terms are incorporated into and supplement, and with respect to Third Party Products only override in the event of a conflict, the terms located at www.fleetcomplete.com.au/legal, under which Fleet Complete has agreed to provide the Third Party Products (as defined in the Mater Subscription Service Terms (Australia) https://www.fleetcomplete.com.au/master-subscription-service-terms to Client.
Capitalized terms not defined herein shall have the meaning given in the Mater Subscription Service Terms (Australia).
Client acknowledges and agrees that Fleet Complete has the right, in Fleet Complete’s sole discretion, to modify these Third Party Product Terms from time to time, and that modified terms become effective upon posting. Client will be notified of modifications through notifications or posts on www.fleetcomplete.com.au/legal, or www.fleetcomplete.com.au or via direct email communication from Fleet Complete.
Client is responsible for reviewing and becoming familiar with any such modifications. Client’s continued use of the Third Party Products after the effective date of the modifications will be deemed acceptance of the modified terms.
In these Third Party Product Terms the follow capitalised terms have the following meaning:
“Geotab Products” means any hardware or software developed and/or distributed by Geotab Inc (Canada);
“GPS Fleet Management Products” means GPS Fleet Management Software and/or Vehicle Hardware and associated firmware;
“GPS Fleet Management Software” means computer software provided by or on behalf of Fleet Complete and which makes use of telephone network or satellite technology in providing a fleet management system;
“Satellite Service” means the Iridium, Global Star or other satellite services (if any) specified in an Order Form;
“Services” means the Third Party Products (if any) specified on the Order Form.
“Vehicle Hardware” means Geotab Products installed or to be installed in a vehicle for use only with the GPS Fleet Management Software, and without which the GPS Fleet Management Software will not operate.
2. GEOTAB PRODUCTS AND SERVICES
The following additional terms and conditions apply if the Client purchases or licenses any GeoTab Products:
- The then-current Geotab End User Agreement located at [https://my.geotab.com/eula.html or https://www.fleetcomplete.com.au/legal/end-user-agreement-geotab] as may be varied from time to time (“GEOTAB EULA”) is incorporated into these terms and conditions, and by agreeing to these terms and conditions the Client also agrees that the GEOTAB EULA will apply and create a legally binding contract between Client and GeoTab. The Client may be asked to confirm or accept that it accepts the GEOTAB EULA via a click-through agreement, however the Client hereby agrees that whether it accepts the GEOTAB EULA in that way or not, by entering into this agreement and accepting the relevant services provided by Fleet Complete as a reseller and/or GeoTab it will be deemed to have accepted and agreed to be bound by the GEOTAB EULA directly with GeoTab. In the event of any inconsistency between these terms and conditions and the GEOTAB EULA, the GEOTAB EULA will be read down and its provisions severed as necessary to remove any inconsistency, but only to that
- The Client agrees to pay for the Services without any deduction or set off at the rates specified on the Order Form.
- Fleet Complete may in its absolute discretion may suspend, limit or terminate the provision of the Service or any part of the Service and/or disconnect you from the network and/or terminate this Agreement if:
- Fleet Complete gives you thirty (30) days notice of its intention to do so; or
- Client exceed the credit limit; or
- Client is in breach of this Agreement; or
- a regulatory authority such as the Australian Communications Authority instructs Fleet Complete to do so; or
- there are technical problems with the network which requires corrective action; or
- there is use of the Service by any person that might damage the network; or in the case of Satellite Services, you port out, or you or someone acting on your behalf informs Fleet Complete that Client has lost, the Satellite terminal equipment; or
- Fleet Complete has an incomplete record of information about Client; or
- Fleet Complete suspects that its record of information about Client contains incorrect or incomplete information; or
- Client dies, are a partner in a partnership and the partnership dissolves, or suffers an insolvency; or
- Fleet Complete believes that the Service is being used to commit an unauthorised, criminal or unlawful activity; or
- Fleet Complete is required by law or a by law enforcement agency to do
- Where Fleet Complete suspends limits or terminates a Service under the above mentioned sub-clauses Fleet Complete will use reasonable endeavours to provide notice to
- Fleet Complete may suspend or limit the Service if in Fleet Complete’s opinion the amount of usage charges accrued on your account is unusually high. In making this determination Fleet Complete may have regard to the following matters:
- Client’s previous daily usage spend;
- Client’s unbilled charges total; and,
- Client’s unusual usage spending
- Fleet Complete reserves the right to suspend, limit or terminate this Service or any part thereof if the Service is being used in a manner deemed unreasonable, unusual, excessive or fraudulent by Fleet However Fleet Complete will not be obliged to monitor usage of the Service.
3. SATELLITE SERVICES
The following additional terms and conditions apply if the Client purchases or licenses any Satellite Services:
- The Satellite Service provides you with access to a satellite communications service using satellite connected Hardware on the satellite’s network.
- Fleet Complete will take all reasonable steps to make sure that you can receive the Service. However, Client acknowledges that, without limiting the terms of the GEOTAB EULA:
- the Service is not free from fault or interruptions;
- Client may not be able to use the Service in some areas or in some buildings or at certain times;
- Fleet Complete does not warrant current availability, accuracy, security or quality of any information that you receive or can access using the Service;
- You are responsible for any reliance on or use of the information that Client receives or can access using the
- Connection to the Service may require the activation of the satellite terminal equipment to the network.
- Charges for Satellite Services network usage, including but not limited to calls in data transmission, national and international roaming are payable by Client in addition to the fees specified on the Order Form and Client is contractually responsible to Fleet Complete for additional charges for the Service irrespective of whether the usage was made by you or any other person or
[END OF THIRD PARTY PRODUCT TERMS]
Last updated: March 29, 2023