Ownership and title in any SmartCab product, hardware and software supplied or installed by SmartCab will not pass to the Owners or Lessees/Managers or Drivers of Taxis. SmartCab retains ownership of the terminal, software and any product or service supplied by SmartCab.

2. NO LIABILITY FOR TEMPORARY INTERRUPTION TO SERVICE The Taxi/Limousine Operator hereby expressly acknowledges that EFTPOS systems such as SmartCab are liable to suffer interruptions to service from time to time and hereby agrees that it shall not hold SmartCab liable in any way or make any claim in respect of any loss or damage occasioned by reason of any interruption in the delivery of services by SmartCab and acknowledges that SmartCab would not enter this agreement without the Taxi/Limousine Operator’s making that acknowledgement. This clause may be pleaded by SmartCab in bar to any proceeding suit or claim brought or made by the Taxi/Limousine Operator.

If any SmartCab terminal malfunctions or is in need of repair SmartCab will upon request of the operator replace the terminal with a similar terminal to the Owners or Lessees/Managers or Drivers of Taxis provided that such repairs are not required as a result of a breach by the Owners or Lessees/Managers or Drivers of Taxis its obligations under clause 4 hereof.

The Taxi/Limousine Operator shall not make modifications of any nature to the SmartCab terminals leased to it by SmartCab. The Taxi/Limousine Operator shall be liable to reimburse SmartCab for the cost of repair or, if necessary, the replacement of any SmartCab terminal damaged lost or destroyed as the result of a breach by the Taxi/Limousine Operator of its obligations under this clause.

The Owners or Lessees/Managers or Drivers of Taxis hereby acknowledges that the SmartCab terminals are provided for the sole use of the Owners or Lessees/Managers or Drivers of Taxis and for the specific purpose of enabling its customers to pay taxi fares and undertakes not to use them for any other purpose. The Owners or Lessees/Managers or Drivers of Taxis shall at all times take reasonable care.

The Owners or Lessees/Managers or Drivers of Taxis shall not MISTREAT or DELIBERATLY CAUSE DAMAGE to the SmartCab terminal supplied to them by SmartCab and shall immediately notify SmartCab if they are lost, stolen or damaged.

    If a terminal is not used for a period of 45 days, a fee of $40 will be charged to the signatory of this agreement. This fee will then be charged at the end of each subsequent 30 day period of non-use, until the terminal is returned to SmartCab or has been used again. If there are insufficient clear funds available in your account to meet the debt, there may be numerous attempts as required until the full amount has been recovered. Failure to return the terminal or pay this fee shall it become due will result in the case being handed to our solicitors or debt collection agency. SmartCab requires that the driver use reasonable effort to process no less than $500 per week on average in FARE transactions.

    If the driver has HOLIDAYS for more than 3 weeks or leaves the TAXI INDUSTRY or is unable to operate a taxi due to accident or injury then it is required that the TERMINAL TO BE RETURNED along with HOME BASE CHARGER, & CAR CHARGER plus notification via phone, email, or SMS. Notification and return of the terminal within timeframes will avoid any charges to the driver. Postage of returned terminals is at the expense of Owners or Lessees/Managers or Drivers.  This may be waived at the option of SmartCab.

      6. SmartCab reserves the right to adjust or change the 5% Service Fee in the event of regulatory or legislative change in future.
      For Tasmanian drivers, service fee is 5.5%

      7. Commissions paid as 1.5% on all transactions (excluding Tasmania).