These terms are the agreement between you and HSK Group Holding Pty Ltd (ABN 66 688 337 797, ACN 688 337 797), trading as Fleetola, based in Sydney, Australia, for the use of Fleetola. By creating an account or using the service you accept them. If you are accepting on behalf of a business, you are confirming that you can bind that business.
Definitions
- Fleetola, we, us: HSK Group Holding Pty Ltd, trading as Fleetola, and the software it provides.
- Operator, you: the rental business with a Fleetola account.
- Renter: a customer who hires a vehicle from an operator.
- Service: the Fleetola software, its websites, its mobile apps, the renter portal and the signing pages.
The service
Fleetola gives an operator the software to run a vehicle rental business: a fleet list, rental agreements with electronic signing, billing and invoices, payments, documents, a customer portal and, where the operator chooses it, GPS tracking. Fleetola is the software. It is not the rental company, it does not own or supply vehicles, and it is not a party to any rental agreement between an operator and a renter.
Accounts
You must give accurate account and business details and keep them up to date. You are responsible for keeping your password safe, for everything done under your account, and for the team members you invite and the access you give them. Tell us promptly at support@fleetola.com if you think somebody has got into your account. You must be at least 18 years old and able to enter a contract.
What the operator is responsible for
- Running your rentals lawfully, including any licence, registration, insurance and roadworthiness obligation that applies to hiring out vehicles where you operate. We do not check those and we do not advise on them.
- Your own rental terms. The agreement your renter signs is YOUR contract with YOUR customer. You write it, it is yours, and any dispute under it is between you and your renter.
- Having a lawful basis to collect the personal information you collect through Fleetola, telling your renters what you do with it, and answering their privacy requests. You are the party responsible for your renters' data. We handle it on your instructions.
- GPS tracking, where you turn it on. You must tell the renter, get their consent in the agreement they sign, and use location only for the purposes you told them about. Tracking somebody who has not agreed to it is your risk and your breach, not ours.
- The accuracy of what you put into Fleetola: prices, tax settings, invoices, odometer readings and everything printed on an agreement.
Subscription fees
Fleetola is charged as one flat monthly price for your whole fleet, in Australian dollars unless we agree otherwise. Your fleet size decides which price band you are on, at the rates published on our pricing page; nothing in a band is charged per vehicle. The optional GPS tracking module, where you turn it on, is charged on top of your band for each tracked vehicle, per month, at the rate on our pricing page. Growing past your band's limit moves you to the next band from your following billing cycle, and we show you that in the app before it happens. Fees are billed in advance through Stripe, and are exclusive of GST unless stated. A paid subscription starts when you complete checkout, and that is when billing begins. Where a free trial applies, we collect a payment method at checkout and charge nothing until the trial ends.
We may change our prices. We will give you at least 30 days notice by email before a change takes effect for you, and you may cancel before it does. If a payment fails we will retry it and tell you. If the account stays unpaid we may suspend access until it is settled. Your data is not deleted the moment an account is suspended, and we will tell you before anything is removed.
Fees already paid are not refundable, except where the law requires it or where we agree otherwise in writing.
Payments between renters and operators
Where you enable customer payments, money moves through Stripe Connect from your renter to your own Stripe account. Fleetola is not a party to that payment and never holds the money. Your use of Stripe is governed by Stripe's own terms, which you accept when you connect your account.
Refunds, chargebacks, disputes and any liability for a rental payment are between you and your renter. You are responsible for issuing the refunds you owe and for responding to a dispute. Bonds and pre-authorisations are held and released under Stripe's rules and under the terms you set for your renter.
Renters using the portal and the signing pages
A renter using a signing page or the renter portal is using it to deal with an operator. They must give accurate information and they must not misuse the service. The rental itself, the vehicle, the money and the conditions are the operator's, and any question about them goes to the operator.
Acceptable use
You must not use Fleetola to break the law, to store or send unlawful or harmful content, to send unsolicited marketing, to try to reach another account or the underlying systems, to probe or overload the service, to scrape it, to resell it as your own product, or to copy, decompile or reverse engineer it. We may suspend an account that is doing any of these where the risk is immediate.
Your content and our software
You keep everything you put into Fleetola: your business details, your renters' records, your documents and your rental terms. You give us the permission we need to host, process and display that content in order to provide the service, and nothing more.
Fleetola, its software, its design and its brand stay ours. Nothing in these terms transfers any of that to you. Feedback you send us we may use freely.
Data, exports and backups
You can export your data from the product at any time while your account is open. We take regular backups for our own disaster recovery, and those backups are not a substitute for your own records. Keep your own copies of anything you would be sorry to lose.
Availability and changes to the service
We work to keep Fleetola available, but we do not promise it will be uninterrupted or error free. We may release changes, add features and remove ones that are little used. Where a change materially reduces what you have been paying for, we will tell you first.
Ending the agreement
You can cancel at any time from your billing settings. Cancellation takes effect at the end of the period already paid for, and you keep access until then. Anybody can delete their own login from inside the app, as the account deletion page describes. The only owner of a business either makes another member an owner first, or asks us from the same screen to close the business, which deletes its data; you can also ask by writing to support@fleetola.com. Deletion is permanent, so export anything you want to keep before you ask.
We may suspend or end an account that breaches these terms, that goes unpaid, or where we are required to. Except in a serious or urgent case we will give notice and a chance to put it right, and a reasonable window to export your data.
Disclaimers and limitation of liability
Fleetola is provided as it is. To the extent the law allows, we exclude implied warranties, and we are not liable for indirect or consequential loss, lost profit, lost revenue or lost data. Our total liability to you in any 12 month period is limited to the fees you paid us in that period.
Nothing in these terms excludes, restricts or modifies any guarantee, right or remedy you have under the Australian Consumer Law that cannot lawfully be excluded. Where our liability for failing to meet a consumer guarantee can be limited, it is limited to resupplying the service or paying the cost of having it resupplied.
We are not liable for anything arising out of a rental between you and your renter, for a vehicle, for a driver, or for a payment dispute between you and your customer.
Indemnity
You indemnify us against claims, losses and costs arising from your use of Fleetola in breach of these terms or the law, from your rentals, from your rental terms, and from your handling of your renters' personal information.
Changes to these terms
We may update these terms. The current version is always the one on this page. If a change materially affects you we will tell you by email at least 30 days before it takes effect, and continuing to use Fleetola after that date means you accept it.
Governing law
These terms are governed by the laws of New South Wales, Australia, and you and we submit to the courts of that place.
Contact
Email support@fleetola.com. We answer from Sydney, Australia.