Service terms for operators

The agreement

These terms apply between Transit Ops ("we") and the bus operator that signs in to Transit Ops or accepts a quote ("you"). Anyone who signs in for you agrees on your behalf. A signed proposal or contract with you takes priority over these terms if they differ.

What we provide

Access to the Transit Ops tools for your plan (Control, or Control + Insights), set up for your routes, with sign-ins for your staff and drivers, and reasonable email support during Brisbane business hours. During the free pilot you get every tool.

We'll try to keep the service running at all times, but we don't guarantee it will be uninterrupted. It depends on TransLink's real-time feed and our hosting providers. We'll tell you about planned maintenance that affects the control room in advance where we can.

Pilot

The pilot is free for the agreed period, usually 3 months. Either of us can end it at any time. It becomes a paid plan only if you agree in writing.

Fees and the peak bus count

Fees are per bus per month, ex GST, at the price for your plan, with a monthly minimum. Paying a year in advance attracts the published discount. We invoice monthly in advance (or yearly if you choose), payable within 30 days.

The number of buses is the agreed peak bus count: the typical number of buses you run in service at once on a school-term weekday, measured from the feed and shown in Settings with the method and daily figures. We propose the count and your administrator agrees it, or proposes a different number with a reason; only an agreed count is billed. Either of us can ask for a review at any time, and a review is due when the measured count moves by the agreed number of buses. A new count applies from the start of the next billing month.

We may change prices with 60 days' written notice. If you're on a yearly plan, the change applies at renewal.

Your responsibilities

• Keep sign-in codes secret, give access only to people who need it, and remove people who leave. You are responsible for what happens under your sign-ins.
• Tell your drivers and staff, before they use the service, what it records, including the sign-on check and location while connected to a trip. Our driver privacy notice is shown at sign-on and may help, but you must meet any workplace consultation, surveillance or privacy obligations that apply to you.
• Make your own decisions about fitness for duty, standing drivers down, vehicle safety and service changes. Transit Ops records answers and raises alerts; it doesn't replace your safety management system, drug and alcohol policy, or your duties under road and work health and safety laws.
• Make sure drivers follow the road rules. The driver screen locks while the bus is moving, but it is your policy, not ours, that decides whether and how drivers may use a phone in the cab.
• Use the service lawfully and in line with the acceptable use rules below.

Acceptable use

You must not: try to access another operator's data; share sign-ins; test the security of the service without our written agreement; overload it or scrape it; upload unlawful material, malware or images of people taken without their knowledge; or use the service to monitor drivers outside working time.

Your data

Your data (your users, drivers, sign-on answers, defects, messages, counts, exclusion claims and settings) belongs to you. You give us permission to use it to provide, support and improve the service for you. We act on your instructions in handling the personal information in it, and we don't sell it or use it for any other customer.

We may use the public TransLink data, and anonymised figures that don't identify you, your staff or drivers, to improve Transit Ops and in public network reports.

If you are a contracted service provider to a Queensland government agency and you tell us so, we'll comply with the Queensland Privacy Principles and the overseas disclosure rules in the Information Privacy Act 2009 (Qld) for the information we handle for you, as your contract requires.

We'll tell you without undue delay, and in any case within 72 hours, after we become aware of a data breach affecting your data, and help you meet your notification obligations.

You can download your data at any time from the tools that offer it, and we'll export the rest on request. When the service ends, we'll return your data on request within 30 days and delete it within 90 days, except where the law requires us to keep it.

Confidentiality

Each of us will keep the other's confidential information confidential and use it only for this agreement. This doesn't cover information that is public, already known, or required to be disclosed by law.

Figures and advice

Performance figures, predictions, suggested fixes and penalty estimates are produced from TransLink's real-time data and are indicative. They are not your official contract figures and are not legal or financial advice. Check important figures against your own records and TransLink's.

Liability

Nothing in these terms excludes rights under the Australian Consumer Law that can't be excluded. Where our liability can be limited, it is limited, at our option, to supplying the service again or paying the cost of doing so.

Otherwise, to the extent the law allows, our total liability under these terms in any 12 months is capped at the fees you paid in those 12 months (or A$1,000 during a free pilot), and neither of us is liable for indirect or consequential loss, lost profits or contract penalties. This cap doesn't apply to either party's breach of confidentiality, or your failure to pay fees.

Ending the service

You can end a monthly plan with 30 days' written notice, or a yearly plan at the end of the year. We can end the service with 60 days' notice, or straight away if you materially breach these terms and don't fix the breach within 14 days of notice. Fees already paid for a period you've used aren't refunded, except where the law requires.

Changes and general

We may update these terms. We'll give 30 days' notice of changes that reduce your rights, and you can end the service before they take effect. These terms are governed by the law of Queensland, Australia. Notices go to dunncr@me.com and to the administrator email we hold for you.