Terms & Conditions

By registering for the Service, You agree to be bound by the Terms and Conditions set out here. IDAT Solutions reserves the right to update and change the Terms and Conditions without notice. Any new features or changes to the current Service, including the release of new tools and resources, shall be subject to the Terms and Conditions.

1. Definitions

“Agreement” – means these Terms and Conditions.

“Confidential Information” – means all information exchanged between You and IDAT Solutions, whether in writing, electronically or orally, including the Service but does not include information which is, or becomes, publicly available other than through unauthorized disclosure.

“Data” – means any data inputted by You or with Your authority into the Website.

“Intellectual Property Rights” – means any patent, trade mark, service mark, copyright, moral right, right in a design, know-how and any other intellectual property rights, anywhere in the world whether registered or not.

“Service” – means IDAT Solutions’ dispatch software product, M-DATS; T-Sheets, Fleetio, Zello Work, and other services billed by and provided through other agreements or license to IDAT Solutions. Any agreements specifically for other services besides M-DATS, shall take precedence over this agreement.

“Website” – means the Internet sites at the domains www.idatsolutions.com and it’s subdomains or any other site operated by IDAT Solutions.

“IDAT Solutions” – means IDAT Solutions, LLC and all current and future global subsidiaries of IDAT Solutions, LLC.

“You” – means the person who registers to use the Service, and, where the context permits, includes any entity on whose behalf that person registers to use the Service, and any person or organization that uses the Service with the authorization of that person or entity. “Your” has a corresponding meaning.

 

2. Provision of Service

IDAT Solutions may offer a free trial of the Service for the purpose of evaluation only. Following Your evaluation, You have no obligation to continue to use the Service. If You choose to use the Service for business purposes other than evaluation, IDAT Solutions will commence billing You monthly ahead of the Service period. You will have five (5) days to ensure payment is made. IDAT Solutions has the right to suspend or terminate the Service and refuse any and all current or future use of the Service for any reason at any time.

Service is billed per each unique vehicle record at the start of each calendar month which is in the “Active” listing in M-DATS. Should vehicle records be added/restored mid-month, a prorated amount will be accrued until the next bill for the remainder of the calendar month. Should any vehicle record license increase reach a cost that is more than 20% (or $250) of the billed amount for the current period, the accrued prorated amount may be immediately charged to the payment profile on file. If an Account is determined, at the sole discretion of IDAT Solutions, to be at “risk”, payments for all prorates may be collected immediately at the time of increase(s). Some plans are billed with a minimum vehicle license count, meaning the User is charged for the minimum number of vehicles regardless of the number actually added, if less.

Vehicle Records must be unique to actual physical vehicles in Your fleet. Using a vehicle record in the M-DATS system for multiple physical vehicles degrades our reporting and auditing verification to third-parties and is a violation of these Terms. Should IDAT Solutions discover an account using a vehicle login for multiple physical vehicles, You will be responsible for payment for the number of physical vehicles used per each vehicle login. Vehicle records Archived are not granted prorated credits but are also not billed for upon each renewal date. Decreases in the vehicle (license) counts for billing purposes cannot exceed 10% from the previous period’s vehicle (license) count. The spirit of this rule is to prevent removing vehicles to the minimums just before a renewal date, especially considering the Notice of Cancellation requirement.

In the absence of a valid payment profile on file, which for the purposes of this agreement shall be required, a payment made by a personal check or cashiers check may be made for any and all debts, and considered paid on the date postmarked. A handling fee of $15 for each mailed check shall be applied before the amount it is payable for. Any dishonoured checks shall entitle IDAT Solutions’ the recovery afforded to it under ORS (Oregon Revised Statue) 30.701. If enabled, a Bank Transfer option for payments may be available as well, at the discretion of IDAT solutions and will have no additional fee accessed by us.

 

Usage Limitations

Use of the Service may be subject to limitations, including but not limited to monthly transaction volumes.

 

3. Your Obligations

Indemnity

You indemnify IDAT Solutions against; all claims, costs, damage, and loss arising from Your breach of any of these Terms. You may have to pay IDAT Solutions for any costs including but not limited to those relating to the recovery of any Service Fees that are due but have not been paid by You. This shall also include the costs any actions involving the collection of monies owed and/or legal action, to including attorney fees, which may become necessary at IDAT Solutions’ discretion.

HIPAA Compliance

You acknowledge your responsibility to ensure compliance with provisions of HIPAA and execute a Business Associate Agreement with IDAT Solutions if required. It is not the responsibility of IDAT Solutions to determine if the information you send us is subject to the requirements of the HIPAA Security Rule.

Fraud, Waste, & Abuse

You acknowledge your responsibility to ensure compliance with provisions of the Fraud, Waste, & Abuse programs in place by the US Government and other applicable government or private entities. You warrant that your use of services provided by IDAT Solutions do not involve the engagement or negligence in reporting any fraud, waste, or abuse.

 

4. Intellectual Property

General

Title to and all Intellectual Property Rights in the Service, the Website and any documentation relating to the Service remain the property of IDAT Solutions (or its licensors).

Ownership of Data

Title to and all Intellectual Property Rights in the Data remain Your property. You grant IDAT Solutions a license to use, copy, transmit, store, and back-up Your information and Data for the purposes of enabling You to access and use the Service and for any other purpose related to the provision of Service to You. If Your account is terminated or suspended, You will no longer have access to any Data You entered and any Data created while using the Service. You will have no method to recover the data upon termination, or during a period of suspension of services.

Third-party Applications and Your Data

If You enable third-party applications for use in conjunction with the Service, You acknowledge that IDAT Solutions may allow the providers of those third-party applications to access Your Data as required for the interoperation of such third-party applications with the Service. IDAT Solutions shall not be responsible for any disclosure, modification or deletion of Your Data resulting from any such access by third-party application providers.

Removal of Data

All data associated to your account with the Service shall be removed any time within 7 days from the date of termination for cancellation, expiration of any trial period, or a period sooner if requested by the designated account owner. This process is to ensure compliance with federal laws under HIPAA/HITECH as also reinforced by any applicable business associate agreements between the Customer & IDAT Solutions.

 

5. Warranties and Acknowledgements

Authority

You warrant that where You have registered to use the Service on behalf of another person, You have the authority to agree to these Terms on behalf of that person and agree that by registering to use the Service You bind the person on whose behalf You act to the performance of any and all obligations that You become subject to by virtue of these Terms, without limiting Your own personal obligations under these Terms.

No Warranties

IDAT Solutions gives no warranty about the Service. Without limiting the foregoing, IDAT Solutions does not warrant that the Service will meet Your requirements or that it will be suitable for any particular purpose. In order to avoid doubt, all implied conditions or warranties are excluded in so far as is permitted by law, including (without limitation) warranties of merchantability, fitness for purpose, title and non-infringement.

Consumer Guarantees

You warrant and represent that You are acquiring the right to access and use the Service for the purposes of a business and that, to the maximum extent permitted by law, any statutory consumer guarantees or legislation intended to protect non-business consumers in any jurisdiction does not apply to the supply of the Service, the Website or these Terms.

 

6. Limitation of Liability

IDAT Solutions has no liability for consequential loss, loss of profit (actual or anticipated) or for other damages of any kind, however caused, arising in any way out of or in connection with the Service.

IDAT Solutions shall not be responsible for failure to fulfill any obligation if due to an act of God, strike, lockout or other interference with work, war, blockade, disturbance, lightning, fire, earthquake, storm, flood, explosions, governmental or quasi-governmental restraint, intervention, direction or embargo.

 

7. Suspension & Termination

IDAT Solutions has the right to suspend or terminate the Service and refuse any and all current or future use of the Service for any reason at any time.

Services may be suspended at any time for non-payment of services, which are, or are about to be, rendered. This includes at times of failed and rejected payments for any reason, including due to NSF or other associated fee’s incurred by IDAT Solutions. Such fee’s for payment issues are subject to the Customer and shall be considered due immediately.

 

8. Cancellation

Use of the Service may be ceased by the User at any time, but a Notice of Cancellation must be submitted as indicated below and the account shall cancel thirty (30) days following the date notice is delivered to IDAT Solutions. This 30-day termination from Notice of Cancellation shall be increased by an additional thirty (30) days for each full consecutive year of service, with a maximum of 180-days notice. Customer will be subject to service fees covering the period until the account is terminated, regardless of their actual use of the service.

To provide the Notice of Cancellation the designated Account Owner must use the “Cancel my Account” button located within their M-DATS Account Settings. This results in an automated notification to IDAT Solutions and confirmation receipt email to the Account Owner. The Account Owner shall keep a record of this receipt. If the Account Owner does not receive the confirmation receipt for the Notice of Cancellation they are required to contact us by emailing billing@idatsolutions.com confirming their cancellation is processing. If IDAT Solutions does not have a record of the Cancellation Notice, and the Account Owner does not have a copy of either the email receipt or confirmation from IDAT Solutions, the Notice of Cancellation is not in effect.

Partial refunds are not available and generally not applicable. Prorated charges may be applicable if the date of termination is mid-period. Final prorated charges (as applicable) will be accessed thirty (30) days prior to the date cancellation shall take effect. This means accounts with only a thirty (30) day period before cancellation will have prorated charges immediately due for any unpaid period, wheres those with more than a thirty (30) day period will continue to make payment on their normal schedule until thirty (30) days before the cancellation takes effect.

A Notice of Cancellation may be made within any Term required agreements, but all obligations and payment will remain due and are not void from the submission of a Notice of Cancellation.

 

9. Modification of the Service or Prices, Payment Provisions

IDAT Solutions reserves the right at any time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice.

Prices are subject to change with notice at least 30-days in advance unless otherwise established by contract. Any discounts, coupons, or promotions are subject to change at any time without notice. Special discounts are typically subject for revocation for non-payment or return/declined payments. Charges may be assessed for NSF in addition to any late fee’s that may be subject to an account. Any ACH NSF shall result in a separate $35 fee to be applied immediately or any time following to the primary payment method on file. A $25 late fee or 5%, whichever is greater, shall be applicable to all invoices not paid within five (5) days of the invoice date and may be accessed at any time following the five (5) days. All balances due are also subject to interest charges of 1.5% monthly.

Any notices of revocation of automatic debits must be received at least three (3) business days (Monday to Friday, excluding federal holidays) OR postmarked seven (7) business days before. It must be made in writing and mailed to IDAT Solutions’ mailing address on file with the Oregon Secretary of State at the time it is mailed, included attention “Billing Department”, and the notice shall be signed by the Account Owner, who is supposed to be the named individual for any payment profile. A customer who wishes to update a payment profile shall do so via IDAT Solutions secure online Billing System at https://billing.idatsolutions.com. Sign-up is optional for Account Owners using the primary email address but is required for self-service options. IDAT Solutions does not accept updates to payment information via phone, email, text, or by mail- for the purposes of ensuring PCI compliance and the security of our customers financial information.

IDAT Solutions shall not be liable to You or to any third party for any modification, price change, suspension or discontinuance of the Service.

 

10. Service Availability

On occasion, the Service or Website may be unavailable to permit maintenance or other development activity to take place. For scheduled maintenance, IDAT Solutions will use reasonable endeavors to publish details in advance of such an activity, typically by email.

 

11. Governing Law

This Agreement (and any further rules, policies, or guidelines incorporated by reference) shall be governed and construed in accordance with the laws of Oregon, United States, in the County of Marion, without giving effect to any principles of conflicts of law.

 

12. Changes to this Agreement

IDAT Solutions reserves the right, at its sole discretion, to modify or replace these Terms of Service by posting the updated terms on the Website, except where otherwise noted. Your continued use of the Service after any such changes constitutes Your acceptance of the new Terms of Service.

Please review this Agreement periodically for changes. If You do not agree to any part of this Agreement or any changes to this Agreement, discontinue any use of the Service OR provide Notice of Cancellation and indicate you do not agree to the updated Terms. The previous Terms & Conditions language shall remain in effect for you during the period until actual Cancellation of services. do not access or continue to access the Service. Any changes to this agreement will also prompt the user upon entry to Agree to these Terms again.

These Terms were effective July 1st, 2018