Terms of Service

1. Agreement to Terms

By accessing or using the Pacific Fleet Systems website (pacificfleetsystems.com) and any associated services, you agree to be bound by these Terms of Service. If you do not agree to these terms, please do not use our website or services. These terms apply to all visitors, users, and clients of Pacific Fleet Systems Pty Ltd.

2. Services Description

Pacific Fleet Systems provides fleet telematics services including GPS tracking, CAN bus diagnostics, utilisation reporting, and related software and hardware for heavy machinery and commercial vehicle fleets. Specific service terms, including subscription rates, hardware pricing, contract duration, and service levels, are set out in the formal service agreement issued to each client.

3. Subscriptions and Payments

Subscription fees are billed monthly per asset in accordance with the agreed service agreement. The following terms apply:

• Minimum contract term is 24 months from the date of hardware installation
• All prices are exclusive of GST unless otherwise stated
• Hardware pricing is quoted separately and may be subject to finance approval for $0 upfront options
• Subscription fees are due within 14 days of invoice date
• Late payments may incur interest at the rate of 2% per month

4. Hardware and Installation

All telematics hardware supplied by Pacific Fleet Systems remains the property of Pacific Fleet Systems or the nominated finance provider for the duration of the contract term. Clients are responsible for the safekeeping of installed hardware and must not tamper with, remove, or damage devices. Replacement of lost or damaged hardware will be charged at the prevailing hardware rate.

5. Data Ownership

Fleet data collected by Pacific Fleet Systems devices remains the property of the client. Pacific Fleet Systems may use aggregated, anonymised data for the purpose of improving its services and producing industry benchmarks. We will not share identifiable client data with third parties without explicit consent, except as required by law.

6. Platform Access and Acceptable Use

Clients are granted a non-exclusive, non-transferable licence to access the Pacific Fleet Systems platform for the duration of their service agreement. You agree not to:

• Attempt to gain unauthorised access to any part of the platform or its infrastructure
• Reverse engineer, decompile, or disassemble any part of the platform
• Use the platform for any unlawful purpose
• Share login credentials with individuals outside your organisation

7. Service Availability

Pacific Fleet Systems aims to provide 99.5% platform uptime, excluding scheduled maintenance windows. We do not guarantee uninterrupted service and are not liable for downtime caused by factors outside our reasonable control, including telecommunications network failures, natural disasters, or third-party service outages.

8. Limitation of Liability

To the maximum extent permitted by law, Pacific Fleet Systems' liability for any claim arising from or related to these terms or our services is limited to the total subscription fees paid by the client in the 3 months preceding the claim. We are not liable for any indirect, consequential, or special damages, including loss of profits or business interruption.

9. Termination

Either party may terminate the service agreement at the end of the minimum contract term with 30 days' written notice. Early termination by the client may result in an early termination fee as specified in the service agreement. Pacific Fleet Systems may terminate the agreement immediately if the client breaches these terms and fails to remedy the breach within 14 days of written notice.

10. Governing Law

These Terms of Service are governed by the laws of Queensland, Australia. Any disputes arising from these terms shall be subject to the exclusive jurisdiction of the courts of Queensland, Australia, except where the client is based in New Zealand, in which case New Zealand law and courts apply.

11. Changes to Terms

We may update these Terms of Service from time to time. We will notify existing clients of material changes with at least 30 days' notice. Continued use of our services after the effective date of changes constitutes acceptance of the updated terms.

12. Contact

For questions about these Terms of Service, please contact:

Pacific Fleet Systems Pty Ltd

Email: [email protected]

Phone: NZ: +64 22 317 9684 / AU: 1300 732 538