1Definitions
In these terms:
- EasyFleet means EasyFleet B.V., Zichtenburglaan 31, 2544 EA Den Haag, the Netherlands.
- Customer means the business or organisation that uses EasyFleet.
- Platform means the EasyFleet admin panel, the operator app, the driver app, any hardware we supply and related services.
- Users means everyone who uses the Platform through the Customer’s account, such as its staff, operators and drivers.
- Customer Data means all data, content, files, photos and video that the Customer or its Users put into the Platform, or that the Platform collects for the Customer.
- Agreement means the accepted quote, these terms and the Data processing agreement.
2Business customers only
EasyFleet is a business-to-business platform. We only contract with businesses and organisations acting in the course of their trade or profession, never with consumers. By accepting a quote or using the Platform, the Customer confirms this.
These terms apply to all our offers and agreements. The Customer’s own purchasing or general terms do not apply, unless we agree otherwise in writing.
3Quotes and the agreement
Our quotes are free of obligation and valid for 30 days, unless the quote says otherwise. The Agreement starts when the Customer accepts the quote in writing or starts using the Platform, whichever comes first.
A pilot period is possible on request. Unless agreed otherwise in writing, a pilot is provided as it is, and these terms apply to it.
4The Platform
We provide the Platform as an online service. We work to keep it available and secure, but we do not guarantee that it will always be available, uninterrupted or free of errors. We may carry out maintenance, and we may improve, change or replace features, as long as the core of the service stays available to the Customer.
Hardware we supply is delivered as described in the quote. Warranty on hardware is limited to the warranty of its manufacturer.
5Accounts and Users
The Customer is responsible for its Users, for everything done through its account and for keeping sign-in details confidential. The Customer tells us immediately if it suspects misuse. We may suspend access where this is needed to protect the Platform, other customers or third parties.
6Customer Data and responsibility
The Customer remains the owner of its Customer Data. The Customer is solely responsible for the Customer Data and for how the Platform is used within its organisation, including:
- the accuracy, completeness and lawfulness of the Customer Data;
- having a legal basis for processing the personal data of its drivers, staff and other people, informing them, and obtaining any required approval, for example from its works council, before using features such as location tracking or cameras;
- complying with all laws that apply to its fleet and business, including privacy, employment, tax, traffic and road transport rules.
We do not check Customer Data and are not responsible for it. We may remove or block content that is clearly unlawful.
7AI features and automated results
The Platform includes AI features, such as damage detection, fuel anomaly flags, video telematics events, route suggestions and the AI assistant. Their results are support tools: they can be incomplete or wrong. The Customer checks results before relying on them. Every decision based on them, such as a charge-back to a driver, a disciplinary step, an insurance claim or a payment, is the Customer’s own decision and responsibility.
8Fines, payments, parking and tax
The Platform helps the Customer process fines, parking, fuel and other payments, and keep a mileage registration. The Customer remains responsible for checking fines and payments, meeting deadlines and filing correctly with the authorities. EasyFleet does not give legal or tax advice and is not responsible for fines, penalties, surcharges or tax assessments.
9Third-party services
The Platform can work with services and devices from third parties, such as trackers, payment and parking services, maps and app stores. Their own terms apply to them. We are not responsible for their availability, acts or omissions.
10Fees and payment
Fees are as stated in the quote and exclude VAT. Unless agreed otherwise, we invoice monthly in advance and invoices must be paid within 14 days. If an invoice is not paid on time, statutory commercial interest and collection costs are due, and we may suspend access after a reminder.
We may adjust our fees once a year, or at another time with 30 days’ notice. If the Customer does not accept an increase, it may end the Agreement on the date the increase takes effect.
11Term and termination
There is no lock-in. The Agreement runs from month to month, and either party can end it in writing at the end of any calendar month, with one month’s notice.
Either party may end the Agreement with immediate effect if the other party seriously breaches it and does not remedy the breach within 14 days after a written notice, or if the other party is declared bankrupt or granted a suspension of payments.
When the Agreement ends, the Customer receives a full export of its Customer Data on request, after which we delete it as described in the Data processing agreement.
12Intellectual property
All intellectual property rights in the Platform, its software, designs, models and documentation belong to EasyFleet or its licensors. The Customer receives a non-exclusive, non-transferable right to use the Platform for its own business during the Agreement. The Customer may not copy, resell, reverse engineer or misuse the Platform.
We may use anonymised and aggregated data, from which no Customer or person can be identified, to maintain and improve our services.
13Liability
EasyFleet is not liable for:
- Customer Data, its content and how it is used;
- decisions and actions based on AI or other automated results;
- fines, penalties, tax assessments and claims from drivers, staff, authorities or other third parties;
- third-party services, networks and devices;
- indirect or consequential loss, including lost profit, lost revenue, lost savings, business interruption and loss or corruption of data.
Where EasyFleet is liable in any other case, its total liability is limited to the fees the Customer paid in the three months before the event that caused the damage. A claim expires if it is not submitted in writing within 12 months after the Customer became aware of the damage.
These limitations do not apply to damage caused by intent or deliberate recklessness of EasyFleet’s management.
The Customer indemnifies EasyFleet against claims of third parties, including its drivers, staff and authorities, that arise from the Customer Data, from the Customer’s use of the Platform, or from the Customer’s breach of the Agreement or the law.
14Force majeure
We are not liable for failures caused by circumstances outside our reasonable control, including outages of hosting, internet or telecom providers, failures of third-party services, cyberattacks, government measures and power failures.
15Privacy and confidentiality
Our Data processing agreement applies to personal data we process on the Customer’s behalf. Our Privacy policy explains how we process personal data as a controller. Both parties keep confidential all information they receive from each other that is marked as confidential or is confidential by nature.
16Changes to these terms
We may change these terms. We announce changes at least 30 days before they take effect. If the Customer does not accept a change, it may end the Agreement on the date the change takes effect.
17Governing law and disputes
These terms and the Agreement are governed by Dutch law. The Vienna Sales Convention (CISG) does not apply. Disputes are submitted exclusively to the competent court in The Hague, the Netherlands.