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Subscription terms

By accepting the subscription terms on this web page the following agreement will be in force concerning the Customer's use the of 5fleet services.

1. Introduction

Commotive A/S is supplier of the 5FLEET product, which primarily is used to position vehicles and other objects (hereafter called objects). By accepting the subscription terms (valid from registration) the Customer obtains the right to connect objects to the 5FLEET system. For more details about 5FLEET's recovery system and its possibilities, please see description on the website www.5fleet.com.

2. Agreement

The terms cover the subscription of the 5fleet fleet management system and services linked to the system.

3. Subscribtion Agreement

By registering himself as user on the 5FLEET website, the Customer acknowledges and agrees to the present subscription terms.

4. Definition

The Customer is the person (physical or juridical) who accepts the subscription terms by registering himself as user. The subscription fee is a fixed amount (according to the price list) that the Customer pays for selected services.

5. Subscription Charges and Payment

The Customer must pay for the subscription and linked services according to the price list in force on 5FLEET's website. The invoice will be forwarded by email.

The fixed subscription fee is invoiced in advance once per month on the 1st working day of the month. The invoice will be forwarded to the email address registered on the 5fleet website by the Customer under his user profile. Additional services required by the Customer will be charged on the next invoice.

Change of prices and other terms can be applied with a notice of 1 month.

Payment terms are net 8 days unless agreed differently. If payment is delayed a default interest rate of 1.5% per month will be charged . If the payment terms are not fulfilled, Commotive A/S is entitled to block the Customer's access to 5fleet. Renewed access will be given to the Customer after payment of his debt and against a fee of 150 € excl. VAT.

All costs related to the data communication between the physical 5FLEET units and all data communication between a 5FLEET unit and the GSM network is part of the subscription inside EU. However, it is a condition that the 5FLEET units/objects using GSM communication are used primarily inside the country where the Customer is resident.

Complaints about inovices should be notified within reasonable time, i.e. before expiry of the payment period.

6. Access to the system

The access to the system is conditioned by the purchase of 5FLEET units. After the purchase, the Customer register his own username and password to get access to the 5fleet system. The Customer should handle his password in suc a way that third part does not get access to it. In case of unauthorized access to the 5fleet system, Commotives A/S will not be responsible and will not be liable for any services ordered during the unauthorized access. Change of address must be informed to 5FLEET via the user profile on the 5FLEET website within 15 days after the address de facto has been changed. It is solely the responsibility of the Customer to administrate own personal data under his user profile (e.g. phone number, e-mail, address) enabling 5FLEET to contact the customer.

7. Services not part of this agreement

This agreement only covers services described in the price sheet. The Customer should on his own account provide the necessary 5FLEET units for the objects connected to the 5FLEET system. Moreover, the customer is responsible for a broadband connection and the related costs including a PC with an adequate internet browser.

8. Complaints

If the Customer detects failures or disfunctions with the subscription services, he must as soon as possible inform 5FLEET about it. The Customer loses all rights to claim if he has not informed 5FLEET about the failure within a reasonable time after he has or ought to have detected it.

8.1. Corrections
5FLEET must as soon as possible after the information has been communicated to 5FLEET initiate relevant actions to correct the failure.

8.2. Compensation

Towards private end users 5FLEET is only responsible for direct losses caused by failures in the service, provided that the faillures are not beyond the reasonalbe control of 5FLEET and that 5FLEET could avoid or predict the consequences..
Towards professional customers 5FLEET is only responsible for direct loss caused by severe negligence by 5FLEET. With direct loss is understood necessary and documented additional expenses due to the failures.

8.3. Neither towards private end users nor towards professional customers is 5FLEET responsible for indirect losses due to failures. And 5FLEET is not responsible for failed tracking of an object included in the subscription.

9. Support

As long as the subscription is in force and no payments are due, the Customer is entitled to techinical support by e-mail within normal office hours of 5FLEET.

10. Functioning of the system

Commotive A/S cannot guarantee a max. time lap within whch data from an object transmitted via the GSM network or internet are reaching the 5FLEET server. Commotive A/S cannot guarantee that the GSM network, the internet or the GPS system will support the 5FLEET services in the future. Average availability of the 5FLEET services is minimum 95% per month. Unavailability is measured from the time when the staff of Commotive A/S is informed until the problem is solved or a temporary solution has been established. Planned unavaillability or break-down beyond the control of Commotive A/S is not included. We refer to the description of the fleet management system, including possibilities and limits, on the website www.5FLEET.com.

11. Intellectual Property Rights

5FLEET is the owner of the intellectual rights of the fleet management system, and through his subscription payment the Customer only obtains a time limited right to use the services being part of the subscription.

12. Responsibility of the Customer

5FLEET is entitled to cancel the subscription agreement immediately, if the Customer is breaching the agreement seriously or is exploiting the services in such a way that problems are imposed to other subscribers or to 5FLEET. Following reasons but not limited to are considered as major breach:

12.1. non payment beyond the time limit set in the reminder

12.2. abuse or attempt to abuse the subscription services

In case of termination of the agreement by 5FLEET the subscription will be closed immediately, having however the possibility - unless the cause is missing payment - to notify the Customer in advance about the closing and let him have the opportunity to explain about his breach.

The Customer should keep himself updated about new versions of the present license terms. The last updated version is always available on www.5FLEET.com.

13. Responsibility of Commotive

Commotive A/S is in no case responsible or liable for indirect damages or losses, such as loss in production, time loss, profit loss or other similar losses, and neither is Commotive A/S responsible for possible losses of historical trip data.

14. Data protection and data exchange

The Customer agrees and accepts, that the 5FLEET system captures, treats, stores and uses data about positions and movements. All data are stored on the 5FLEET server up till 24 months. The Customer is aware of and accepts that 5FLEET stores data for statistical purposes. The Customer is aware of the fact that any object part of the subscription communicates electronically with other objects and transmits electronically information to the 5FLEET server about physical positions of other objects at different time.
In case the Customer leaves the object part of the subscription to others it is his obligation to inform the person about these conditions. When signing up for the subscription, the Customer also accepts that 5FLEET can send service messages to the e-mail address registered by the Cusomer under his user profile on the 5FLEET website.

The Customer is also aware of the fact that 5FLEET carries out regular function controls and updates of the system and in this connection captures/exchanges physical positions of connected equipment. Moreover, the Customer agrees and accepts that the 5FLEET system captures and communicates data that are treated and stored and that data about positions and movements can be shared when these data are not in conflict with the Privacy Act, e.g. sensitive information and information about pure private matters. All data are stored on the 5FLEET server for maximum 24 months.

15. Expiration

The present agreement is without time limit, but can be resiliated by both parts with a notice of 1 month. 5FLEET will normally interrupt the Customer's connection the same day as the invoice period expires.The Customer has the obligation to pay all accrued expenses until expiration of the subscription agreement. Resiliation of the subscription agreement must be done in writing.

If 5FLEET does not want to propose the subscription or related services any longer, 5FLEET may resilitate the subscription contract or part of it wth a notice of 1 month against a refund of the amount due to you for payments exceeding the expiry date.

16. Jurisdiction

Disputes between 5FLEET and the Customer will be resolved amicably. If this is not possible, any of the parts can bring the dispute to the Danish court for jurisdiction.

5FLEET Powered by Commotive A/S
Lykkevej 2
9530 Støvring
Denmark
CVR: 29848440
support@5fleet.dk

Distributors

Diims G104

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Manage your machinery and assets with a small tracking device

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About 5Fleet

5Fleet is driver's log for your fleet and tracking of your machinery and assets - in one place!

Once your 5Fleet GPS device is installed, the device will log all information concerning addresses, distance driven and time of operation. The transfer of information to the building unit is wireless and completely automatic once the car has returned to the parking lot of the company. With a personal login you will get direct access to all information on WEB reports generated by the 5Fleet system. Simple and easy to use.

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