Updated last on January 13, 2020
1. BILLING POLICY STRUCTURE
A. Order Form
Order form (each, a “Order Form”) for products (“Products”) and Services in any Order Form may be executed by Axis TMS and Company. Each Order form includes terms related to the quantity, delivery, total fees due and any other information applicable to each specific order for the Products and Services. The Order Form shall be incorporated by reference into, subject to, and made a part of, this MSSLA.
B. Attachment of the Billing Policy
Any and all additional Order Forms relating to this Billing Policy shall be incorporated by reference into, subject to, and made a part of the MSSLA. Defined terms contained in any Order Form without definition shall have the meanings ascribed to them in this Billing Policy.
2. USE OF LICENSE
Usage of Axis TMS products, mobile app, hardware and services constitute customer’s acceptance of the Axis TMS billing policy, and all customers must comply with this billing policy.
2.1 Unless otherwise agreed in writing,all accounts are set up on a prepaid basis, and payment must be received by Axis TMS before any billable product or service is provided or activated.
2.2 License billing is based on fleet size, License add-ons, and License base services. However, certain fees may be usage-basing such as overage on leased equipment network service limits. These services are priced on your order form.
2.3 Customers are responsible for keeping all credit/debit card details and contact information current. This can be done online through the billing portal or by giving us a call at 855 3396599. To access the billing portal, log into your account and click billing from the menu.
Payment receipts are available to customers upon request or in the customer’s email inbox.
3. INCREASE / DECREASE IN TRUCK COUNT
3.1 All truck count fees will be charged automatically on increase of truck count.
3.2 Increase in truck count will result in full price month to month license regardless of license term. Customer has option to request truck increases at longer license term as on order form and must pay up-front.
3.3 Decrease in truck count is only accepted on month to month license term. Axis TMS will not refund any truck count decreases under any circumstance. To decrease in truck count charges, customer must set the truck(s) it wishes to decrease to “Inactive” status and then call or email the billing department about the count decrease request. To contact the billing department, please call 855-339-6599 ext 3 or send an email to email@example.com.
4. RECURRING BILLING
You authorize Axis TMS Corp to charge your billing method on file for License fees as per the order form license term agreed upon expiration of term.All recurring licenses are automatically invoiced and charged to the credit/debit card on file.Axis TMS licenses renew every 30 days unless a longer term is purchased. All service and license fees are non-refundable. In the event of cancellation, Axis TMS will not prorate any portion of unused service fees and amounts due to Axis TMS must be paid in full.Invoices are generated, and payments are collected at the beginning of each billing period. Customer billing periods typically begin on the day of the month in which the customer purchased the Axis TMS license. In the event of cancellation, customers will still have access to the Axis TMS system through the end of their final billing period. Customers will have the option to review or download data from their Axis TMS system up to 90 days after cancellation; after 90 days all data will be deleted. Axis TMS will not prorate any portion of unused license services. All license fees are nonrefundable and leased equipment must be returned. Please refer to Equipment Lease Billing Policy that was signed upon leasing equipment at checkout.
5. MOBILE APPLICATIONS
5.1 Axis TMS Driver for iOS and Google Play is free to download and but must have anactive Axis TMS Pro license to use.
5.2 Axis TMS Track and Trace is free to download but must have the Track and Trace add-on license purchased to be used.
5.3 Axis TMS Enterprise Branded – Will appear as your name of choice, however limited to availability on the IOS App Store and Android Google Play Store.
5.4 Axis TMS Dispatch App is a free to download but must have the Dispatch App User License purchased per each user who wishes to login and use the app.
6. BILLING CYCLE AND GENERAL TERMS
All credit/debit cards are automatically charged on a recurring basis on the customer’s specific billing cycle date which is 30 days from activation of license unless a specific license term is selected that is not month to month. The account will be auto-debited with 3 attempts prior to account going into past due. All past due accounts may be assessed a late fee. In the event any payment is 15 days past due to the account may be disabled until balances are paid in full. When disabled, all access will be suspended, and data will be unavailable.
Late Fee: Axis TMS may assess a $30.00 late fee for any payment that is 1 days past due.
Charge-backs: If a customer initiates a charge-back, Axis TMS may assess a $50.00 processing fee for each individual charge-back. Returned Checks: Axis TMS may assess a $50.00 processing fee on each returned check.Collections Fee: In the event, an account is submitted to a third-party collections service, a $35.00 processing fee may be assessed to the existing account balance. The fee is in addition to any other fees previously assessed on the account.Failing to return Leased equipment: There is a $250.00 fee for each leased equipment failed to be returned. Nevertheless, if a vehicle is repossessed, stolen or damaged and leased equipment remains in the vehicle, the Customer obligations under the Lease Billing Policy continue.Data Fees using Locked 4G LTE
Axis Hardware Data Plans: All Axis TMS hardware (tablets, trackers, eld's, etc.), equipped with 4G LTE data plan is limited to 500mb per month. Usage above 500MB of data per month will result in a $04.00 fee per MB in the USA and 0.08 fee per MB in Canada / Mexico. You will be billed separately for overage charges. Limited to Axis Brand products, not 3rd party hardware such as Samsara, OCC etc.
8.1 Refunds due to cancellation
You may cancel your license at any time, however, there are no refunds on licenses for term(s) purchased on your order form. You can cancel service by giving the billing department a call at 855 339 6599. Any cancellation here-under shall not operate to relieve the customer of any financial or other obligations in these terms or otherwise.If the license was canceled by the customer without any billing delinquency, the customer for a subsequent period of 90 days shall be entitled to have access of its data by requesting it from firstname.lastname@example.org ; Data will be available for access for only 24 hours and will then be restricted.
8.2 Post Cancellation
After 90 days following the effective cancellation of a customer’s cancellation date, Axis TMS has the right to purge all of the customer’s data from the Axis TMS system.
8.3 Cancellation Requirements
Customer must request a cancellation form in order to deactivate their account. A form can be provided to the customer by sending an email request to email@example.com or calling 855-339-6599. This form is required to cancel your account. Customer must deactivate account 30 days prior to next bill date.
9. PAST DUE STATUS
All customer accounts which become past due have 15 days to pay past due balances and go into good standing. If the customer does not place the account in good standing by the 15th day, the account will be locked out until the account has been brought to good standing. After 15 days account will enter the delinquency process. Please refer to clause “Customer Cancellation due to Delinquency”.
10. CANCELLATION DUE TO DELINQUENCY
If no payment was made after 15 days from due date of the bill, the customer account will become past due. On the 16th day the account will be suspended for 45 days until the account is made current. At this time all access will be suspended, and data will be unavailable until the account is made current.After 60 days, the account will become canceled for 30 days. Customer data will be stored up to 30 days post-cancellation; Once canceled the customer will not be able to recover any files until the account is made current. At this time all access will be suspended, and data will be unavailable until the account is made current.After 90 days, the account will no longer be available, and all data will be deleted. Account record and the delinquent balance will be submitted to a third-party collection service.
11. HARDWARE / EQUIPMENT LEASE
Customer must adhere to the terms and conditions set forth in the equipment lease Billing Policy. The lease Billing Policy will constitute its own terms.
12. PAYMENT METHODS
Axis TMS accepts payments via credit/debit card. All payments over $1500 may be required to use ACH payment method.
All add-on's are sold separately and require a valid license term.
13.1 Track and Trace Add-On
Axis TMS Corp will charge my credit card on file with Axis TMS for Axis TMS Track and Trace services at $1.00 per order tracked. You will be charged $60.00 up front to hold your balance. Axis TMS will recharge balance for services once $60.00 balance is exhausted. Each order will deduct $1.00 from your balance on file. Axis TMS Corp will automatically recharge your card at $60.00 unless cancelled. To cancel renewal please call 855-339-6599. You accept these terms by clicking the Generate PIN button from each order. There are no refunds for this service if credits on file are not used.
13.2 Billing, Payroll, IFTA and Additional Add-on's
Each add-on require's a license. License terms and pricing vary by order form.
13.3 IFTA Add-on
IFTA add-on requires fuel card and telematics integration with a Axis TMS IFTA License Add-on per truck.
Integration costs vary from integration type. All integrations are non-refundable and do not have guarantee of completion time. We have the exclusive right to deny any integration. In general, our basic integration pricing is shown below on point 14.1, 14.2, 14.3
14.1 EDI Types
Please speak to your sales representative. (Following are included 204,210,214,990 additional costs may be incurred for extra EDI doc type.)
14.2 API Types
Please speak to your sales representative.
14.3 Other or Custom Types
Pricing varies per SOW agreement (Statement of Work).
14.4 Requesting an Integration.
Each integration requires an integration form to be filled out. To receive the form, please request it from firstname.lastname@example.org
15. REFUNDS AND BILLING DISPUTES
15.1 License / Service Fee Returns
License and service fees are nonrefundable.
15.2 Hardware Returns.
All hardware can be returned within 14 days from purchase date for a refund or exchange. If for any reason you are not satisfied with your item after the 14-day return period, there are no refunds for purchased hardware, but it is allowed for a manufacturer replacement/repair while under manufacturer’s warranty. Customer must pay all shipping costs. It is of the Customer or Customer’s agent to inspect the Equipment and acknowledge that the Equipment is in good and acceptable condition.We do not allow returns for water damage, we do not provide replacements for lost or stolen devices. The following conditions must be met to allow a 14-day money back guarantee:Items do not have water damage and must not be tampered with any internal components.Items must have all associated box and supplies attached to it, as when first received.
Each Axis TMS customer agrees to provide Axis TMS 30 days to attempt settlement of any billing dispute before disputing with any third-party credit/debit card company or bank. Should Axis TMS receive a chargeback from a third-party credit/debit card company or bank on the customer’s behalf before Axis TMS has been given a chance to resolve the issue, Axis TMS has the right to charge the customer for its time spent in resolving such disputes and any associated fees incurred by Axis TMS, in addition to the $50 chargeback fee mentioned above. Regardless of the outcome of the chargeback, Axis TMS retains the right to collect on any Services or fees that are due. Axis TMS may submit any disputed amounts to a collection agency. Once a chargeback has been received, Axis TMS has the right to suspend the account until the matter is resolved.