Terms and Conditions for EzFleet Telematics Inc (“EzFleet”) Services
Effective Date: January 1, 2023
Introduction:
The terms of this Order Form and the EzFleet Terms of Service located at https://ezfleet.tech/tos (the “TOS”) govern Customer’s use of the EzFleet Services (as defined in the TOS), except as otherwise specified by Customer and EzFleet in writing and signed by the parties. By executing this Order Form, Customer accepts the TOS and agrees to be bound by them.
Purchased Hardware Terms:
Please refer to the TOS and the Limited Hardware Warranty set forth at https://ezfleet.tech/warranty for further information with respect to Purchased Hardware. As between Customer and EzFleet, Customer will own and retain title of any Purchased Hardware.
Service-Packaged Hardware Terms:
If Customer has Service-Packaged Hardware (as defined in the TOS) on its account, the following terms apply:
EzFleet provides the hardware devices as part of the Subscription Services, subject to the following terms:
1. EzFleet retains exclusive ownership of the hardware.
2. Risk of loss for such Hardware transfers to customer upon delivery to the locations specified by Customer.
3. If Customer swaps or upgrades a unit of hardware (a “Swapped Hardware”) for a new unit of hardware, Customer must return the Swapped Hardware subject the terms and fees set forth herein.
Fees for Damaged: ELD: CAD250/unit; Road-Facing Smart Dashcam: CAD350/unit; Asset Tracker: CAD300/unit; Dual-Facing Smart Dashcam: CAD550/unit
Please refer to the TOS for further important information regarding Customer’s and EzFleet obligations with respect to Hardware (as defined in the TOS).
Shipping:
Customer is responsible for shipping charges based upon the shipping method selected by Customer and will be billed for shipping of the Hardware and any other components.
Taxes:
Customer is responsible to pay any and all taxes that EzFleet may be required to collect or pay for providing the customer with the Services.
Cellular Connectivity:
EzFleet uses a third-party provider for cellular and wireless services associated with EzFleet products, and Ezfleet cannot and does not guarantee uninterrupted or continuous service or specific area coverage and is not responsible for downtime or loss of use of the Cellular ELDs and Services caused by the third-party provider’s lack of provision of such cellular and wireless services.
Billing and Invoicing:
Customer’s Payment Method will be billed for the first payment due under this Order Form upon receipt and confirmation of this order. Such payment will be due in accordance with the terms of this Order Form. If payment is due immediately, then Customer’s Payment Method will be charged immediately upon placement of this order.
Thereafter, Customer will be billed in accordance with the Billing Frequency set forth in the Order Summary.
Subscription term for the units will commence on the date of shipment of units. Any shipping and billing timelines are estimated and not guaranteed. Customer will be notified upon shipment of all units.
Promotional discounts and other credits are only available on a per order basis, unless otherwise agreed to by Customer and EzFleet in writing. For clarity, such pricing shall apply only to the per unit pricing for the “Subscription Services”, and not with respect to any waivers of hardware fees, promotional discounts, one-time credits or other similar discounts, credits, and fee waivers; such pricing shall be on a per-order basis.
The pricing for any orders for upgrades or Services other than those set forth in the Order Summary will be subject to the then-current non-promotional rates offered by EzFleet.
At the end of customer’s current subscription term, Customer’s subscription for all units of Subscription Services on its account will be automatically extended for successive renewal periods of twelve (12) months (each a “Renewal Term”) at the then-current non-promotional rate (the “Renewal Rate”), unless Customer provides notice at least Fourteen (14) days before the date of renewal by contacting EzFleet at support@ezfleet.tech before the end of the current subscription term or Renewal Term, as applicable.
Payment Terms:
By signing this Order Form, Customer is authorizing Ezfleet to bill Customer’s Payment Method in accordance with this Order Form and TOS. For any additional Services or upgrades which are ordered and activated in between billing cycles, Customer will be billed for a prorated amount with respect to such additional Services or upgrades.
Cancellation Policy:
In the event that the Customer would like to cancel their service they must inform EzFleet of their intention to cancel their service at least Fourteen (14) days before the next scheduled payment in their billing cycle to avoid being charged for the following month. If Customer has opted for thirty-six (36) month contract, a cancellation fee of 30% of the remaining balance of their contract obligation may apply. For cancellations, please send an email to Ezfleet at [email protected].
Supersede and Replace:
Upon execution of this Order Form and beginning on the start date of the Contract Term set forth in this Order Form, all Services on Customer’s account will be governed by the terms of this Order Form. Customer’s prior contracts will be superseded and replaced, except with respect to any open invoices for fees already due and owing under the prior contracts. In the event that Customer has previously paid for Subscription Services which have not yet been received, any prepaid fees for Subscription Services not yet received as of the start date of the Contract Term (the “Prepaid Fees”) shall be applied as credit on Customer’s account, which will be reflected on Customer’s account and invoices. The credit amount for Prepaid fees set forth on this Order Form may be adjusted and prorated based on the date of execution of this Order Form and EzFleet’s adjustment of Customer’s subscription term start and end dates.