Common use of Fair Use Policy Clause in Contracts

Fair Use Policy. 6.1) By accepting the terms of this Contract, you agree to be bound by our Fair Use Policy described in this clause 8, including agreeing not to exceed the Data Cap of each Connected Product. VisionTrack’s Fair Use Policy is designed to make sure that the Subscription Service and underlying Data Services are high quality, reliable and provide great value. 6.2) We have a Fair Use Policy because: • at peak times, many customers use the shared network bandwidth of our Subscription Service.; and • customers should advise us of the Territories in which they plan to use their Fleet for the majority of the time, so that their Subscription Fees fairly reflect their intended usage. • some of our Connected Products have the ability to stream real time live footage from a Connected Camera (“Live Stream”). Live Streaming uses a high amount of data and should only be used where necessary, so as to avoid you exceeding the Data Cap. 6.3) Unless you have purchased a Data Tariff with a different data cap, each Data Contract has a default data cap as follows: • Dashcam = 250MB per calendar month; • Dashcam-AI = 1GB per calendar month; • DVR = 1Gb per calendar month; (the “Data Cap”). 6.4) Only a very small number of our customers use the Subscription Services inappropriately. As a result of this excessive use, the quality of the Subscription Service for all users may be affected, or the cost of Subscription Fees may need to be increased due to increased Data Costs. The Fair Use Policy manages inappropriate and/or excessive use and makes sure the Subscription Service can be used by everyone. 6.5) If you exceed the Data Cap on any individual Connected Product, then we reserve the right to: • suspend the Live Subscriptions of the Connected Products that have exceeded the Data Cap; or • restrict the data transfer speed of the Connected Products that have exceeded the Data Cap or • unilaterally terminate this Contract by providing written notice to you; or • amend, increase, or restrict the Territory for your Fleet or specific Vehicles; or • to charge you an overage fee for your data usage in excess of the Data Cap, either inside or outside of the Territory, in addition to your Subscription Fees. 6.6) Unless you have purchased the video auto-download option for all Products will have video auto-download feature disabled.

Appears in 2 contracts

Sources: Terms and Conditions, Terms and Conditions

Fair Use Policy. 6.1) By accepting the terms of this Contract, you agree to be bound by our Fair Use Policy described in this clause 86, including agreeing not to exceed the Data Cap of each Connected Product. VisionTrack’s Fair Use Policy is designed to make sure that the Subscription Service and underlying Data Services are high quality, reliable and provide great value. 6.2) We have a Fair Use Policy because: • at peak times, many customers use the shared network bandwidth of our Subscription Service.; and • customers should advise us of the Territories in which they plan to use their Fleet for the majority of the time, so that their Subscription Fees fairly reflect their intended usage. • some of our Connected Products have the ability to stream real time live footage from a Connected Camera (“Live Stream”). Live Streaming uses a high amount of data and should only be used where necessary, so as to avoid you exceeding the Data Cap. 6.3) Unless you have purchased a Data Tariff with a different data cap, each Data Contract has a default data cap as follows: • Dashcam = 250MB per 250MBper calendar month; • Dashcam-AI = 1GB per 1GBper calendar month; • DVR = 1Gb per calendar month; (the “Data Cap”). 6.4) Only a very small number of our customers use the Subscription Services inappropriately. As a result of this excessive use, the quality of the Subscription Service for all users may be affected, or the cost of Subscription Fees may need to be increased due to increased Data Costs. The Fair Use Policy manages inappropriate and/or excessive use and makes sure the Subscription Service can be used by everyone. 6.5) If you exceed the Data Cap on any individual Connected Product, then we reserve the right to: • suspend the Live Subscriptions of the Connected Products that have exceeded the Data Cap; or • restrict the data transfer speed of the Connected Products that have exceeded the Data Cap or • unilaterally terminate this Contract by providing written notice to you; or • amend, increase, or restrict the Territory for your Fleet or specific Vehicles; or • to charge you an overage fee for your data usage in excess of the Data Cap, either inside or outside of the Territory, in addition to your Subscription Fees. 6.6) Unless you have purchased the video auto-download option for all Products will have video auto-download feature disabled.

Appears in 1 contract

Sources: Terms and Conditions

Fair Use Policy. 6.18.1) By accepting the terms of this Contract, you agree to be bound by our Fair Use Policy described in this clause 88 , including agreeing not to exceed the Data Cap of each Connected Product. VisionTrack’s Fair Use Policy is designed to make sure that the Subscription Service and underlying Data Services are high quality, reliable and provide great value. 6.28.2) We have a Fair Use Policy because: • : (a) at peak times, many customers use the shared network bandwidth of our Subscription Service.. Most of our customers use the Services considerately and their usage levels do not disproportionately affect the shared network capacity; and • and (b) customers should advise us of the Territories in which they plan to use their Fleet for the majority most of the time, so that their Subscription Fees fairly reflect their intended usage. • . (c) some of our Connected Products have the ability to can stream real time live footage from a Connected Camera (“Live Stream”). Live Streaming uses a high amount of data and should only be used where necessary, so as to avoid you exceeding the Data Cap. 6.38.3) Unless you have purchased a Data Tariff with a different data cap, each Data Contract has a default data cap as follows: • Dashcam = 250of 500MB per calendar month; • Dashcam-AI = 1, except for DVR’s which have a default data cap of 3GB per calendar month; • DVR = 1Gb per calendar month; month (the “Data Cap”). 6.48.4) Only a very small number of our customers use the Subscription Services inappropriately. As a result of this excessive use, the quality of the Subscription Service for all users may be affected, or the cost of Subscription Fees may need to be increased due to increased Data Costs. The Fair Use Policy manages inappropriate and/or excessive use and makes sure the Subscription Service can be used by everyone. 6.58.5) If you exceed the Data Cap on any individual Connected Product, then we reserve the right to: • : (a) suspend the Live Subscriptions of the Connected Products that have exceeded the Data Cap; or • or (b) restrict the data transfer speed of the Connected Products that have exceeded the Data Cap or • or (c) unilaterally terminate this Contract by providing written notice to you; or • or (d) amend, increase, or restrict the Territory for your Fleet or specific Vehicles; or • or (e) to charge you an overage fee for your data usage in excess of the Data Cap, either inside or outside of the Territory, in addition to your Subscription Fees. 6.6) Unless you have purchased the video auto-download option for all Products will have video auto-download feature disabled.

Appears in 1 contract

Sources: Terms and Conditions