1. About This Website
Welcome to Fleet360.com.au and/or SurgeByte.com.au (the “Website”). This platform gives you access to our cloud-based software services (the “Services”) provided by SurgeByte Pty Ltd (ABN 98 637 778 977). By browsing or using this Website, you agree to these Terms and Conditions. If you disagree, please discontinue use immediately.
SurgeByte may update these Terms at its discretion. You will be notified of changes, which take effect upon being published.

2. Acceptance of Terms
By continuing to use the Website or selecting “Accept” where prompted, you agree to these Terms.

3. About the Service
SurgeByte is a cloud-based SaaS product available to businesses on a subscription basis.
Account features may vary and could be governed by additional or specific agreements, such as a separate Software Licensing Agreement.

4. Acceptable Use
You agree to use SurgeByte lawfully. Access may be revoked if you:

  • Attempt to hack, tamper with, or overload our systems

  • Modify or disable functionality

  • Violate laws, impersonate others, or harass users

  • Access parts of the system not intended for public use

  • Share prohibited or non-compliant content

5. Security & Privacy
We take data privacy seriously. Information you provide is handled under SurgeByte’s Privacy Policy, which includes our response to security incidents.

6. Data Usage
Your data is used solely to deliver services and improve operations. The Privacy Policy outlines how we collect, store, protect, and delete your information.

7. Subscriptions
To access the service, you must subscribe via the Website.

  • Subscriptions are your responsibility to manage.

  • Monthly invoices must be paid before the due date. Delays may result in service suspension.

  • During registration, you must provide accurate personal details.

  • You must be of legal age and legally eligible to use the service.

8. Payments
Subscription fees can be paid using available payment methods on the Website.

  • We are not responsible for third-party payment system failures.

  • You are liable for any fees due to declined or failed transactions.

  • SurgeByte reserves the right to adjust subscription fees.

9. Refunds
Refunds are only issued if we are unable to continue providing the service or if determined reasonable by management. Any refund will be proportionate to the unused period of your subscription.

10. Intellectual Property
All content on this Website is the property of SurgeByte Pty Ltd and is protected by copyright and intellectual property laws.

  • You may use the Website and its materials for personal, non-commercial use only.

  • You may not reproduce, adapt, or redistribute content without written permission.

11. Disclaimer
SurgeByte provides the Website and Services “as is” and makes no guarantees beyond those required by law. We’re not responsible for:

  • Data loss, viruses, or unauthorized access

  • Inaccurate or outdated information

  • Costs incurred from using the Service

  • External links or third-party services

12. Limitation of Liability
Our total liability is limited to re-supplying the service. We are not liable for indirect or consequential loss, including loss of profits or business reputation.

13. Termination
You can terminate by:

  • Not renewing your subscription

  • Giving 30 days’ written notice

  • Closing your account
    We may also terminate your access if you breach these Terms, laws, or if providing the service is no longer viable.

14. Indemnity
You agree to indemnify SurgeByte against any loss, damage, or liability resulting from your content, actions on the Website, or breaches of these Terms.

15. Dispute Resolution
Disputes must first be attempted to be resolved through negotiation and mediation before legal action is taken.
Mediation will occur in Sydney, and costs are shared equally.

16. Jurisdiction
The Services are designed for Australian users. Any disputes will be handled under the laws and courts of New South Wales.

17. Governing Law
These Terms are governed by the laws of New South Wales, Australia.

18. Independent Legal Advice
Both parties agree these Terms are fair and were offered the chance to seek legal advice before accepting.

19. Severability
If any part of these Terms is found invalid, the remainder will continue to apply.

Last updated: 15 July 2025, 07:40 PM