Fleet Tracking Terms and Conditions

1. Introduction

1.1 These Fleet Tracking Terms are one of our Plan and Product Terms and apply when you sign up for or use Fleet Tracking. In buying these services, you understand and agree to these terms. They also apply to any use of the Fleet Tracking products and services by your staff or anyone else you have authorised. If anyone in your business will be using these products and services, please ensure they have also read and understood these terms. Our Fleet Tracking Service Schedule, Business General Terms and Mobile and Wireless Terms also apply to these products and services.

View Business General Terms

View Mobile and Wireless Terms

1.2. In the event of inconsistency, the following order of precedence will apply:

1. Fleet Tracking Service Schedule;
2. These Fleet Tracking Terms;
3. The Business Mobile and Wireless Terms; and
4. The Business General Terms.

2. Definitions

• 2.1. In these terms and conditions:
  • Fleet Tracking Service Schedule means the service schedule signed by you and Spark setting out the Device and service fees for your initial order.
  • Fleet Tracking Platform means the Spark IoT fleet tracking platform.
  • Device means the GPS tracking and reporting device supplied by Spark which is attached to your vehicle, and shall be a “Product” for the purpose of your General Business Agreement or the Business General Terms (if you are a SME customer).
  • Onboarding Period means the 30-day period beginning on the date this Service Schedule is signed.
  • Base Plan means monthly software-as-a-service subscription to view a Device on the Fleet Tracking Platform.
  • Add-on Plan means optional monthly software-as-a-service subscriptions that add additional features to the Base Plan.
  • Plan refers to the Customer’s combination of Base and Add-on Plans.
  • Widget refers to a pre-defined component, block of text, graph or infographic within the dashboard that visualises data and may offer additional functionality such as actions or reporting.
  • IFP refers to Devices purchased with monthly interest free payments. Read the interest free payment terms in our Business General Terms.
    View Business General Terms

3. Service Overview

3.1. Please read this section carefully to ensure you understand the Fleet Tracking service. Additional Fleet Tracking service information is available from Spark Business Hubs.

3.2. The Fleet Tracking Service provides the Customer with visibility of each tracked vehicle’s location, where they have been, when they are being used and the speed at which they were being driven. The Fleet Tracking Service assists with fleet management with maintenance and compliance reminders and the storage of inspection notes. Both benefits are enabled through the Fleet Tracking Platform’s custom reports, user defined ‘Workflows’ and near real-time visibility of data. Please contact your customer manager for further details.

3.3. The Fleet Tracking service has two core components:

1. A monthly subscription to the Fleet Tracking Platform, on a per-Device basis; and the purchase of the Device.
2. Fleet Tracking Devices, either paid for in full before delivery or in monthly interest free payments of equal value over 12 or 24 months. Read the interest free payment terms in our Business General Terms. View Business General Terms
   

3.4. You agree:

1. That you are responsible for assessing the suitability of the Fleet Tracking Service, including the suitability of the Device and Fleet Tracking Platform;
2. That you are responsible for preventing unauthorised access to, or use of, the Fleet Tracking Service. On becoming aware of any unauthorised access, you agree to notify Spark as soon as is reasonably practicable;
3. That you are responsible for ensuring that all vehicle and driver data entered into the platform is collected, reported and exported in a lawful manner;
4. That Spark is not responsible for providing, configuring, operating and supporting systems that integrate with the Fleet Tracking Platform;
5. That Spark is not responsible for any professional installation or removal of wired devices;
6. That you will provide reasonable assistance to Spark with the Fleet Tracking Service’s implementation, fault resolution and Customer requests; and
7. To nominate an administrator(s) who will be authorised by you to request additional services in accordance with the Additional Services Section.

3.5. Fees for the Fleet Tracking service compromise charges for:

1. Plans;
2. Devices; and
3. Any additional services.

4. Plans

4.1. All Plan Fees are stated on a per-Device, per-calendar month basis.

4.2. All Plans are open term and can be terminated with 30 days' notice.

4.3. The Plan Fees are for network connectivity, data consumption, access to the Fleet Tracking Platform and the following Onboarding Period Services:

1. Provision of "welcome packs"; and
2. Telephone, email or video support during the Onboarding Period, to the extent that the support relates to the initial set-up of the Fleet Tracking Service.

Plan Tiers

4.4. Features included in the Plans are as follows:

Fleet Tracking Base Plans

1. The default dashboard layout displays the on-road speed bar, distance over time and hours over time data visualisation components. These cannot be edited by the Customer.
   

2. Some features of the Fleet Plus Plan may not be available on all Devices.

Fleet Tracking add-on Plans

3. Some features of the Fleet Plus Plan may not be available on all Devices.
4. Road user charge add-on Fees will only be applied to eligible vehicles.

The Customer may add features to, or enhance features of, their Plan at an additional cost. Please contact with your customer lead if you want to implement additional features to your Plan. The Fee will be priced on request. 

5. Fleet Tracking devices

Devices

5.1. Each Device ordered must be provisioned against a Plan. 

5.2.Your customer lead will confirm the availability of Devices at the time your order is placed.

5.3.Spark does not confirm availability of any Device at any particular time. Please check with your local Spark Business Hub for current Device availability.

5.4. Each Device includes:

1. SIM card;
2. Configuration; and
3. Delivery (each batch of Devices ordered must have a single New Zealand address).

5.5. Some devices require professional install into your vehicle and uninstall from your vehicle. Spark does not provide these professional services. Please contact your Customer Lead for further information.

Device Warranties

5.6. To the extent we are able, we will pass on the benefit of any manufacturer’s warranty in respect of the Device you purchase from us. If we are unable to do so, we will use our reasonable endeavours to hold for your benefit all such warranties. You will be charged for any repairs not covered by any manufacturer’s warranty. If you report a fault with a Device, you will be required to inform us how you wish to proceed if the Device fault is assessed as not covered by a manufacturer’s warranty.

6. Additional Services

Service Requests

6.1. Other than as described in the Plans Section, support services are not included within the Plans. You may request the following additional services for an additional Fee:

1. Changes to configuration of Devices;
2. Creation or modification of existing reports, workflows and other functions in the Fleet Tracking Platform; and
3. Tagging or re-assigning vehicle names or other metadata to Devices in the Fleet Tracking Platform on your behalf.

7. Invoicing

7.1. Unless agreed otherwise in writing by both parties, invoicing will be as follows:

1. Fees for Plans will commence on the date its respective Device is uploaded to the Fleet Tracking Platform.
2. Fees will be invoiced monthly in advance.
3. Devices will be invoiced at the time they are dispatched to the Customer with payment due within 20 business days of the date of invoice.

8. Your Responsibilities

8.1. The first time you and your nominated users access the Fleet Tracking Platform, you will be prompted to read and accept the Fleet Tracking Platform terms and conditions. You will also be prompted to read and accept Spark’s Privacy Policy. You and any nominated users must agree to these before using the Fleet Tracking Service.
View Fleet Tracking Platform Terms and Conditions
View Spark's Privacy Policy

8.2. During the Term you agree to:

1. Not do anything or introduce anything (including any virus) that may harm our, or any third party, equipment, or software.
2. Not connect the Device or Services to any equipment or network that is not supplied and/or approved for use by Spark. You also agree that you will not attempt to tamper or interfere with, or change the configuration of, the Device and Services we provide unless we request that you do so in writing.
3. Not breach any intellectual property rights in anything forming part of, or accessed using, the Device and Services.
4. Comply with all laws that may apply to your use of the Device and Services including laws relating to employment, privacy and defamation.
5. Without limiting your obligation to the above clause, comply with the Privacy Act. This includes ensuring that your employees and persons driving your tracked vehicles are aware that their vehicle is being tracked, what information you will be collecting, how you will be using it and who you will be sharing it with.

8.3. If we do not receive the information requested from you or if you notify us that you do not agree with the Privacy Section, we may immediately terminate or suspend the services (or any part thereof) we provide to you under this agreement.

9. Fair Use Policy

9.1. The Fair Use Policy is referenced against average customer profiles and estimated customer use of these services. If your use materially exceeds estimated use patterns over any month, then your use will be deemed excessive and/ or unreasonable. If you breach this policy Spark may inform you and Spark reserves its right to terminate this agreement at any time without notice if this occurs.

10. Privacy

• 10.1. During the Term we may collect personal information about you and your employees when you use our Fleet Tracking Service. We may: 
  • Hold the information and share it with our employees, related companies, suppliers, contractors, other agents and service providers approved by Spark but only where this is necessary for us to provide you the Fleet Tracking Service;
  • Use that information on an aggregated basis for statistical and market research purposes and to improve our Service. From time to time we may share such aggregated information publicly to show trends in the use of the fleet tracking services provided that you and your employees are not identified; and
  • Be required to:
    • Share information with law enforcement agencies if we reasonably consider that unlawful activity is taking place using our services; or
    • Disclose information for legal or regulatory purposes or to help maintain the law when we are legally compelled to do so.

• 10.2. We also collect information about you including information about your account, billing, service usage and activity. We may:
  • Hold the information and share it with our employees, related companies, suppliers, contractors, other agents and service providers approved by Spark but only where this is necessary to provide you with the services, let you know of other products and services that we consider may be of interest to you, to administer and enforce this agreement including within a reasonable period after this agreement has ended and, to the extent appropriate, for credit references and debt collection;
  • Obtain the information by monitoring telephone calls or other communications between Spark and you for training and market research purposes;
  • Share with relevant third parties any information needed to provide the services to you, or to enable you to send or receive messages or information of any kind through other networks; and
  • Be required to:
    • Share information with law enforcement agencies if we reasonably consider that unlawful activity is taking place using our services; or
    • Disclose information for legal or regulatory purposes or to help maintain the law when we are legally compelled to do so.

10.3. You may ask to see information held about you as a consequence of your use of the Fleet Tracking Service and, as long as Spark can readily    retrieve it, we will provide it to you. You may ask for any details that are wrong to be corrected.