This Payment Authorisation Agreement (“Agreement”) is made and entered into by and between Fleetree and the undersigned user, whether acting as a Vendor or a Driver (“User”). This Agreement sets forth the terms and conditions governing the payment responsibilities of the User to Fleetree and, where applicable, from the Driver to the Vendor. It emphasizes the importance of timely payments and the consequences of payment failures.

 

1.1 The purpose of this Agreement is to establish the terms and conditions under which the User agrees to make payments to Fleetree or the Vendor, as applicable, and to authorize Fleetree to initiate auto payments where agreed upon.

 

2.1 User’s Responsibility: The User acknowledges and agrees that they are responsible for making all payments due to Fleetree or the Vendor, as applicable, in a timely manner.

2.2 Payment Details: All payment details, including the amount, due date, and any applicable penalties, will be available for the User’s review in their dashboard on the Fleetree platform.

2.3 Auto Payments: Where the User has agreed, Fleetree is authorized to initiate auto payments from the User’s designated payment method. The User ensures that sufficient funds are available in the designated payment method to cover all auto payments.

3.1 Penalty Charges: If the User fails to make a payment by the due date, a penalty will be charged per day until the payment is made in full. The exact amount of the daily penalty can change over time and will be displayed in the User’s dashboard.

3.2 Accumulation of Penalties: All penalties will accumulate and will be added to the User’s outstanding balance. The User is obligated to pay the accumulated penalties along with the principal amount.

 

4.1 Illegal Possession: Failure to pay for the use of a vehicle or any service provided by Fleetree or the Vendor, without the explicit consent of the provider, will be deemed illegal possession.

4.2 Theft: Using a vehicle or service without making the due payment or without the explicit consent of the provider will be considered theft. The User acknowledges that legal actions may be taken against them for such unauthorized use.

4.3 Notification: Fleetree reserves the right to notify the appropriate authorities in the event of unauthorized use or theft.

 

5.1 By entering into this Agreement, the User authorizes Fleetree to charge their designated payment method for any amounts due, including principal amounts, penalties, and any other applicable charges.

5.2 The User acknowledges that this authorization will remain in effect until they cancel it in writing, and they agree to notify Fleetree in writing of any changes in their account information or termination of this authorization at least 15 days prior to the next billing date.

 

6.1 Fleetree is not responsible for any overdraft charges, over-limit charges, or non-sufficient fund fees that might be triggered by charges initiated under this Agreement.

 

7.1 Termination by User: The User may terminate this Agreement by providing Fleetree with a written notice at least 30 days prior to the intended termination date. Termination of this Agreement does not absolve the User of any outstanding payments or penalties accrued prior to the termination date.

7.2 Termination by Fleetree: Fleetree reserves the right to terminate this Agreement at any time if the User breaches any terms of this Agreement or if Fleetree believes, in its sole discretion, that the User’s actions may cause financial harm or legal liability for Fleetree, the Vendor, or other users.

7.3 Modification: Fleetree reserves the right to modify the terms of this Agreement at any time. Any modifications will be communicated to the User in writing, and the User’s continued use of the Fleetree platform after receiving notice of such modifications will constitute acceptance of the modified terms.

 

8.1 Notification: Should any dispute arise regarding payments, penalties, or any other aspect of this Agreement, the User agrees to notify Fleetree in writing, detailing the nature of the dispute, within 15 days of the disputed event.

8.2 Good Faith Negotiation: Both parties agree to engage in good faith negotiations to resolve any disputes arising from or related to this Agreement.

8.3 Mediation: If the parties are unable to resolve the dispute through negotiation, they agree to participate in mediation before resorting to litigation. The mediation will be conducted by a mutually agreed-upon mediator, and the costs of mediation will be shared equally between the parties.

 

9.1 Protection of Information: Both parties agree to protect and keep confidential any non-public information obtained during the course of executing this Agreement, including but not limited to payment details, personal information, and business operations.

9.2 Exclusions: Confidentiality obligations do not apply to information that: (a) is or becomes publicly available without breach of this Agreement; (b) is lawfully obtained from a third party without a duty of confidentiality; or (c) is required to be disclosed by law, court order, or government regulation.

 

10.1 Fleetree’s liability under this Agreement, whether arising from breach of contract, tort (including negligence), or otherwise, will be limited to the amount of fees paid by the User to Fleetree in the 12 months preceding the event giving rise to the liability.

10.2 In no event will Fleetree be liable for any indirect, special, incidental, consequential, or punitive damages, including but not limited to loss of profits, business interruption, or loss of data, arising out of or in connection with this Agreement.

 

11.1 Digital Consent: By using the Fleetree platform and its associated services, the User acknowledges and agrees that they have read, understood, and accepted the terms and conditions outlined in this Payment Authorization Agreement.

11.2 No Physical Signature Required: The User understands that no physical signature is required to bind them to this Agreement. Their continued use of the Fleetree platform, after being presented with these terms, is a clear and unequivocal indication of their acceptance and intention to be bound by this Agreement.

11.3 Updates and Notifications: Fleetree reserves the right to update or modify this Agreement at any time. Users will be notified of any significant changes and are responsible for regularly reviewing the Agreement. Continued use of the platform after such modifications will constitute acknowledgment and acceptance of the modified terms.

 

12.1 Entire Agreement: This Agreement constitutes the entire agreement between the parties with respect to its subject matter and supersedes all prior agreements, understandings, negotiations, and discussions, whether oral or written, between the parties.

12.2 Governing Law: This Agreement shall be governed by and construed in accordance with the laws of Australia, without regard to its conflict of laws principles.

12.3 Severability: If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

12.4 No Waiver: No failure or delay by Fleetree in exercising any right under this Agreement shall operate as a waiver of such right or any other right herein.

Contact Information:

For any questions, concerns, or clarifications regarding this Agreement, please contact:

Fleetree Support Email: support@fleetree.com.au

Address: 8 Algona Rd, Charlestown NSW 2290