Breach notices

From time to time, it may be necessary to breach a subscriber that has acted in a manner contrary to the terms of their subscriber agreement. The intention is to notify the subscriber that they are in breach of their agreement, and provide them with an opportunity to rectify the breach before further action is required.

What it means to breach a subscriber

Breaching a subscriber is to provide them with formal notice that they have acted in a manner contrary to the terms of their subscriber agreement, outline the clauses which they have breached, the actions they must take to rectify by the breach, and the consequences of their further inaction.

The reasons for breaching a subscriber can vary widely, from a simple missed payment to a major breach involving unlawful behaviour. By providing formal notice to a subscriber that they are in breach of their agreement, it will provide you with more robust evidence of any wrongdoings and demonstrate that action was taken for the subscriber to rectify this behaviour.

When to breach a subscriber

As a general rule of thumb, you should breach a subscriber as soon as possible after being made aware of an infraction. The intention is for the customer to understand severity of their actions (or inaction) and take immediate steps to remedy the breach.

Reasons to breach a subscriber may include:

• Failure to pay any overdue arrears
• Failure to provide adequate information in the event of an incident
• Allowing an unauthorised driver to operate the vehicle
• Tampering with the telematics device fitted to the vehicle
• And so on.

The anatomy of a breach notice

A breach notice should be provided as a document on corporate letterhead, either printed and mailed to the registered address on file or as a PDF document attached to an email. A breach notice should contain the following elements:

Your company information

Clearly indicate the company and legal entity that is issuing the breach notice and should match the details on the original subscriber agreement

The customer's information‍

Include the details of the primary subscriber who is named on the subscriber agreement with your business‍

Notice to terminate‍

Your breach notice should very clearly include a title indicating the purpose of the document

Subscription agreement details‍

Include specific details of the agreement such as the initial date of the agreement and the name in which the agreement was issued

List of breached clauses

Include an itemised list of the clauses that have been breached from their subscriber agreement. You should also include the clause reference which may be a letter or number, or combination of both.

Actions that must be taken

Clearly outline the steps that are required to remedy the breach and the timeframe in which this must be actioned. This could include paying any arrears, providing any necessary documentation or returning the vehicle.

Consequences of failure to take action

Clearly outline the steps that your business will take if the breach is not rectified by the customer within the agreed timeframe.

How to issue the breach notice

With Loopit, the default subscriber agreement includes an electronic communication consent which provides for you to send information and documentation via email under the expectation that it will be received by the customer. In this instance, you would simply attach the breach notice to an email directed to the customer.

If you do not have an electronic communications consent in place, it may require that the breach notice is mailed to the most recent registered address on file.