Terms of Service

These Bestpass by Fleetworthy Terms of Service apply to Fleetworthy Customers who opt-in for the Bestpass Toll Management Service and supplement the General Terms of Service applicable to the Customer’s Fleetworthy account. By accepting or continuing to use Bestpass-furnished Hardware or Services after receiving these Terms of Service, the Customer agrees to the following:

1. Customer acknowledges and agrees that:

    (a) It must maintain a deposit in its account, as reasonably determined by Fleetworthy, to cover toll, violation, or citation charges and Fees.

    (b) Applicable charges and Fees will be deducted monthly from the Customer’s balance on deposit.

   (c) It must replenish its surety balance on deposit to the predetermined amounts as indicated in the replenishment notices provided by Fleetworthy.

   (d) No interest will be paid on the Customer’s account balance.

   (e) Purchasing decisions are based on current functionality of the Services, Software, and Hardware.

   (f) Failure to pay invoices in full by the date due, maintain a positive prepaid balance, or replenish prepayment balances to the designated levels when requested by Fleetworthy may result in the loss of all eligible promotions and discounts for that billing cycle and/or termination of Customer’s Agreement without further notice.

2. Prior Toll Balances. The Customer remains responsible for any outstanding balance owed to any tolling authority for tolls incurred before the activation of the Customer’s account. If Fleetworthy is notified by a tolling authority of an outstanding balance, Fleetworthy will notify the Customer as soon as practicable. If the Customer confirms the outstanding amount is accurate or fails to respond to Fleetworthy’s notice within five (5) days, Fleetworthy reserves the right to pay the outstanding balance using the Customer’s Bestpass Account funds. If the Customer disputes the claimed outstanding balance, it must cooperate fully with the tolling authority and Fleetworthy to resolve the dispute in a timely manner. Failure to cooperate may be grounds for termination of the Agreement by Fleetworthy.

3. Violation Processing Service.  Violations issued to the Customer by a tolling authority will be processed and paid using the Customer’s funds on deposit, provided they are submitted in a timely manner via the Software. Fleetworthy does not challenge violations submitted via the Software, nor does it offer any additional violation processing or analysis services under this Agreement.

By uploading a violation to the Software, the Customer authorizes and directs Fleetworthy to pay for the violation and to add the associated license plate to the Customer’s account. Violations sent to Fleetworthy by means other than the Software will not be processed or paid. A charge may apply for violations processed under this Agreement.

If the Customer receives a violation from a tolling authority for a vehicle with an active Hardware transponder or a registered license plate, or for a vehicle or equipment it did not own or operate at the time of the violation, the Customer may contact/ Fleetworthy customer service to request an investigation. Fleetworthy will use its best efforts to dispute violations timely raised by the Customer where it can verify that the Customer’s vehicles and equipment are current, and the Customer’s account is in compliance with this Agreement. Fleetworthy does not guarantee any specific outcome for violation disputes.

4. Custom Onboarding Service. Available if the customer has more than one-hundred and fifty (150) vehicles and has the Plus or Enterprise Service Levels, this service includes a one-hour personalized training session on Fleetworthy Software features and the Bestpass Services. 

5. Citation Management Service. The Citation Management Service allows Fleetworthy to process and pay Eligible Citations issued to vehicles registered to the Customer, provided the citations are timely submitted via the Software.  An “Eligible Citation” is a citation issued to the Customer as the registered owner of a vehicle by a municipality or toll authority in the continental United States, which the Customer will not dispute. Eligible Citations include camera-generated citations (e.g., speed infractions, red-light infractions, stop sign infractions, bus lane infractions) and parking citations.  Citations issued to drivers, owner-operators, or independent contractors contracted by the Customer are not Eligible Citations unless the Customer has assumed liability and agrees to pay any associated monetary fines. Eligible Citations submitted via the Software will be processed, with the fine, penalty, or associated charge added to the Customer’s account and paid using the Customer’s funds on deposit. The Fee for this Citation Management Service is set forth in the Agreement.

6. Toll Discounts and Credits. Toll Costs, discounts and credits are determined solely by tolling authorities, service providers, or financial institutions Fleetworthy works with. Fleetworthy does not guarantee that any discount rates or credits will continue, remain uninterrupted, or remain unchanged. Late payments or failure to maintain the designated account balance may result in the loss of available discounts and promotional credits for the corresponding billing cycle..

7. Toll By Plate and Trailer Plate Management Service. Not all tolling authorities offer a toll-by-license-plate solution. Some authorities may require Hardware-based electronic toll collection or cash payment. Additionally, some authorities offering toll-by-license-plate solutions may charge higher rates than those incurred using Hardware-based tolling.

8. Automated Misread Identification Service (“A.M.I.S.”). A.M.I.S. is a Fleetworthy service that identifies Hardware misreads at select toll facilities and seeks appropriate toll credits. Fleetworthy does not guarantee the identification of all misread toll records or that governing toll authorities will approve all misread toll credits. All toll charges, including misread Hardware toll charges, must be paid in full before any credit can be requested or applied.

9. Toll Costs. The Customer is responsible for all toll costs and fees incurred using Hardware issued to and deployed by the Customer, regardless of whether incurred with or without the Customer’s knowledge or authorization. The Customer is also responsible for the cost of repairing or replacing damaged transponders.   

10. Transponder Return Program. A credit will be applied to the Customer’s account upon the return of certain Hardware, provided the Customer paid an upfront hardware access fee. The Hardware must be undamaged and reusable, as determined solely by Fleetworthy.  Any toll charges incurred during the shipment of Hardware to Fleetworthy are the sole responsibility of the Customer. To avoid usage charges, the Customer is encouraged to place Hardware in the proper protective electromagnetic blocking sleeve before returning it to Fleetworthy.

The credit per returned, undamaged Hardware is: