ISE Fleet Services
Welcome to your Services provided to you by ISE Fleet Service, Inc. This Service Agreement (“Agreement”) is entered into as of this date of purchase by and between authorized Customer (“you” or “Client”) and ISE Fleet Services, L.L.C. (“ISE FS”, "us", "our", and "we"), an Iowa limited liability company with a principal place of business at 2850 Coral Court, Suite 100, Coralville, IA 52241. You can contact us by calling ISE Fleet Services at 1-888-316-3533.
IN THIS AGREEMENT, WHEN WE USE THE WORDS "ISE DRIVER LOGS", “SYSTEM”, "EFLEETSUITE" OR "SERVICE(S)", WE MEAN ALL THE SERVICES WE PROVIDE TO YOU UNDER YOUR SERVICE PLAN ("SERVICE PLAN").
1. Scope of Services:
ISE Fleet Services (“ISE FS”) established the eFleetSuite system in order to provide certain information and services to Customer. The purposes of eFleetSuite include but are not limited to: (1) providing FMCSA compliant electronic driver logs; (2) providing FMCSA compliant electronic driver vehicle inspection reports (DVIR); (3) providing mapping services supporting web application, and (4) storage of position data for assisting IFTA reporting services for use by third party providers. Additional charges by the third-party Fuel Tax Reporting Providers apply. Customer acknowledges that ISE FS may add, change, or delete features or functionality of eFleetSuite. Customer also understands that the information that it accesses under eFleetSuite is one form of guidance in operating Customer's business among others, and that ISE FS takes no responsibility for the success of Customer's business operations.
2. Starting your service
You can only receive and use these Services by accepting this Agreement. By agreeing to this service agreement you accept and agree to be bound by the Agreement at the point in time that you purchase the Services. The Agreement may be amended by us, without notice to you, in our sole discretion, from time to time.
3. Duration of Agreement
This Agreement is valid for 3 years from time of original hardware purchase from ISE FS, and becomes month to month after that unless cancelled by ISE FS or the Client.
4. Payment for Services
You are responsible
to pay for your Services by credit or debit card. You authorize us to
automatically bill monthly recurring payments for Service. This authorization
will remain in effect for the duration of the Agreement. You promise to pay all
applicable taxes, fees and surcharges set by the government and charged to you
by us. We may not tell you in advance of changes to these items. The taxes,
fees and surcharges will be added to the cost of your Service Plan.
You can cancel your Service Plan by calling us at the appropriate number provided in the first paragraph of this Agreement and informing a Customer Care Agent. If Service is terminated before the term of the Service Agreement an Early Termination Fee of $150 per device or 50% of your remaining Service Plan balance (whichever is less) shall be due to ISE FS. ISE FS reserves the right to cancel your service if your account becomes more than 30 days past due and to assess the Early Termination Fees.
7. System Limitations
Your Service has limitations including, but not limited to, the following:
a) Services are sold and will function in the United States and Canada; Services will not function in countries outside of the United States and Canada.
b) Your commercial vehicle must have a working electrical system, including adequate battery power.
c) If Global Positioning System (“GPS) satellite signals are not working or the signals are obstructed the System may be unable to determine your Commercial Vehicle's precise location.
d) We use commercial mobile wireless service purchased from a third party provider (the “Underlying Wireless Carrier”). Services also will not work unless you are in a place where the Underlying Wireless Carrier we hired for that area has coverage, network capacity, and reception when the service is needed, and technology that is compatible with the Services;
e) Services can fail or be delayed by acts of nature, or forces or causes beyond our reasonable control, including but not limited to weather conditions and the results thereof, public utility failure, acts of war, government actions, terrorism, civil disturbances, or System failures including internet, computer, telecommunication or other system failures;
8. Customer Duties and Responsibilities
It is your responsibility to make sure your Commercial Vehicle and your Electronic Logging System are working.
When you use the Services, you acknowledge:
If you do any of these things, you agree you will be responsible for any amount anyone else claims from us or our third party service providers, plus any expenses, resulting in whole or in part, from that use or your actions.
9. RIGHT TO USE:
ISE FS hereby grants to Customer: a) a non-exclusive, non-transferable right to use eFleetSuite, and b) the associated documentation all of which is exclusively for Customer's internal business use, and subject to this Agreement and its rules, instructions and restrictions. eFleetSuite shall remain the property of ISE FS and no rights or licenses are granted other than as set forth herein. Customer acknowledges ISE FS's copyrights in the eFleetSuite software and related documentation regardless of whether a copyright notice appears on the software or documentation.
ISE FS will provide support by telephone and e-mail with Customer, as well as provide periodic enhancements, updates, upgrades or fixes to the eFleetSuite software. Phone and e-mail support is available from 8am to 5pm Central Time Monday through Friday excluding holidays. Application training is available through web based video training; additional training is available commercially at an additional charge. Hardware installation is not provided as part of the services from ISE FS but are available commercially.
If Customer purchases eFleetSuite Hardware and/or Software from a vendor other than the one recommended by ISE FS, ISE FS has no obligation to provide support. Customer will report any errors Customer finds or problems Customer experiences in operating eFleetSuite. ISE FS will use reasonable efforts to correct such errors or problems. ISE FS will make reasonable efforts to communicate with Customer regarding planned system downtime.
11. DISCLAIMER OF WARRANTY.
THIS CONSTITUTES THE SOLE WARRANTY MADE BY ISE FS FOR SERVICES IT IS PROVIDING. THERE ARE NO OTHER WARRANTIES, EXPRESSED OR IMPLIED, THAT EXTEND BEYOND THOSE DESCRIBED HEREIN INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, CORRESPONDENCE WITH DESCRIPTION AND NON‑INFRINGEMENT, ALL OF WHICH ARE EXPRESSLY DISCLAIMED BY ISE FS.
SOFTWARE AND SERVICES: EFLEETSUITE MOBILE AND HOST SOFTWARE, SERVICES AND INCLUDING WITHOUT LIMITATION THE RELATED INFORMATION IS PROVIDED BY ISE FS AND ITS SUPPLIERS, THIRD PARTY SERVICE PROVIDERS AND SUBCONTRACTORS ON AN "AS IS" BASIS. ISE FS AND ITS SUPPLIERS, THIRD PARTY SERVICE PROVIDERS AND SUBCONTRACTORS MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE WITH RESPECT TO EFLEETSUITE SOFTWARE, SERVICE, INFORMATION AND ACCESS THERETO, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. ISE FS AND ITS SUPPLIERS, THIRD PARTY SERVICE PROVIDERS AND SUBCONTRACTORS MAKE NO REPRESENTATION OR WARRANTY THAT ACCESS TO EFLEETSUITE SHALL BE UNINTERRUPTED, WITHOUT FAILURES OR ERRORS IN TRANSMISSION OR RECEPTION, OR THAT SERVICE WILL BE PROVIDED TWENTY FOUR HOURS A DAY, SEVEN DAYS A WEEK, OR THAT THERE WILL NEVER BE ERRORS OR OMISSIONS IN THE EFLEETSUITE SOFTWARE OR SYSTEM OR THOSE OF ITS SUPPLIERS, THIRD PARTY SERVICE PROVIDERS AND SUBCONTRACTORS OR THAT THERE WILL NEVER BE A LOSS OF FILES, DATA, INFORMATION OR OTHER MATERIAL.
12. LIMITATION OF LIABILITY: ISE FS AND ITS SUPPLIERS, THIRD PARTY SERVICE PROVIDERS AND SUBCONTRACTORS SHALL NOT BE LIABLE FOR ANY PERSONAL INJURIES, EQUIPMENT DAMAGE, ANY CONTENT OR DATA, LOSS OF PROFITS, LOSS OF USE, LOSS OF BUSINESS. INTERRUPTION OF BUSINESS, DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND THAT ARE INCURRED BY CUSTOMER OR BY CUSTOMER'S CUSTOMERS RESULTING FROM EFLEETSUITE, THE INSTALLATION OR USE THEREOF, THE UNAVAILABILITY THEREOF, OR ARISING UNDER THIS AGREEMENT OR THE BREACH THEREOF, WHETHER THE CLAIM IS IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE.
13. WIRELESS SERVICE DISCLOSURE
CUSTOMER HAS NO CONTRACTUAL RELATIONSHIP WITH THE UNDERLYING WIRELESS CARRIER AND CUSTOMER IS NOT A THIRD PARTY BENEFICIARY OF ANY AGREEMENT BETWEEN CUSTOMER AND UNDERLYING WIRELESS CARRIER. CUSTOMER UNDERSTANDS AND AGREES THAT THE UNDERLYING WIRELESS CARRIER HAS NO LIABILITY OF ANY KIND TO CUSTOMER, WHETHER FOR BREACH OF CONTRACT, WARRANTY, NEGLIGENCE, STRICT LIABILITY IN TORT OR OTHERWISE. CUSTOMER AGREES TO INDEMNIFY AND HOLD HARMLESS THE UNDERLYING WIRELESS CARRIER AND ITS OFFICERS, EMPLOYEES, AND AGENTS AGAINST ANY AND ALL CLAIMS, INCLUDING WITHOUT LIMITATION CLAIMS FOR LIBEL, SLANDER, OR ANY PROPERTY DAMAGE, PERSONAL INJURY OR DEATH, ARISING IN ANY WAY, DIRECTLY OR INDIRECTLY, IN CONNECTION WITH CUSTOMER’S USE, FAILURE TO USE, OR INABILITY TO USE THE WIRELESS SERVICES EXCEPT WHERE THE CLAIMS RESULT FROM THE UNDERLYING WIRELESS CARRIER’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT. THIS INDEMNITY WILL SURVIVE THE TERMINATION OF THE AGREEMENT. CUSTOMER HAS NO PROPERTY RIGHT IN ANY NUMBER ASSIGNED TO IT, AND UNDERSTANDS THAT ANY SUCH NUMBER CAN BE CHANGED. CUSTOMER UNDERSTANDS THAT CUSTOMER AND THE UNDERLYING WIRELESS CARRIER CANNOT GUARANTEE THE SECURITY OF WIRELESS TRANSMISSIONS, AND WILL NOT BE LIABLE FOR ANY LACK OF SECURITY RELATING TO THE USE OF THE SERVICES. THE CUSTOMER MAY NOT RESELL THE SERVICE TO ANY OTHER PARTY.
14. FEDEX DATA
SHARING - THE FOLLOWING PROVISION ONLY APPLIES TO THOSE CLIENTS OPERATING UNDER
THE AUTHORITY OF FEDEX GROUND PACKAGE SYSTEM, INC.
The Client acknowledges that FedEx Ground Package System, Inc. (“FedEx Ground”) has contracted with Lytx, Inc. (and its subcontractors, if applicable) (“Lytx”) to provide services to FedEx Ground utilizing data (“Client Data”) resulting from performance of services by ISE Fleet Services. Client hereby appoints Lytx to act as Client’s limited agent and on Client’s behalf to retrieve or otherwise utilize the Client Data from ISE Fleet Services. Lytx is further authorized to use the Client Data to perform services for pursuant to an agreement between Lytx and FedEx Ground, including, without limitation, the authorization to share with FedEx Ground the Client Data and the results of any analysis or other services performed using such Client Data and to use such Client Data for such other purposes permitted in its agreement with FedEx Ground. Client authorizes ISE Fleet Services to provide the Client Data to Lytx for the purposes set forth in this authorization. Client shall defend, indemnify and hold Lytx, its officers, directors, employees, agents, suppliers, subcontractors, vendors and licensors harmless from all third party losses, claims and costs, including reasonable attorneys’ fees, arising from the use of the Client Data pursuant to this authorization. Client shall defend, indemnify and hold ISE Fleet Services, its officers, directors, employees, agents, suppliers, subcontractors, vendors and licensors harmless from all third party losses, claims and costs, including reasonable attorneys’ fees, arising from the use of the Client Data pursuant to this authorization. Client hereby agrees to notify Lytx in the event Client revokes this authorization and Lytx is no longer authorized to receive the Client Data.
By accepting the agreement electronically, the parties have caused this Agreement to be executed by their duly authorized representatives.