1. CHARGES: All service use and access fees and other charges, including taxes, are due and payable as specified on the invoice. Charges will be deemed to be correct if not disputed by you within seven (7) days of the invoice date. Your service use, access fees and other charges will continue until the service is terminated. All sales final.
2. MONTHLY MONITORING SERVICE CHARGES: Unless otherwise stated, the monitoring services charges are calculated on a monthly basis, with no long term agreement. Cancel any time with 30 days notice. The monthly monitoring service charges commence on the day that the units are installed. The units are installed active. The units are shipped in a semi-live state, so they must be installed within 7 days of receipt of the units. The first full month of the live tracking service charge starts on the 1st of the month and the monthly live tracking service is always automatically billed on the 1st of the month. If activation is before the first of the month, an additional pro-rated monthly charge will also be billed from the day of activation to the end of the month – billed after the initial purchase invoice. The live tracking service charge automatically starts from the day the hardware is installed (auto activation) or 7 days from the receipt of the hardware, whichever is sooner.
The monthly monitoring fee is due on the 1st of each month and is payable on a pre-arrangement payment method. Payment 15 days overdue is subject to suspension, without notice. Payment 30 days overdue is subject to termination, without notice. Terminated hardware units can not be reactivated.
3. PAYMENT: Payment is required as per these conditions:
Payment is due prior to installation:
Unless agreed to otherwise: On the day of installation the following payments are required (if applicable):
- Hardware cost
- Installation cost
- Travel charge
- Activation fee
- Monthly monitoring service: pro-rated first month payment for partial first month of service
- Monthly monitoring service: payment in advance for 2 full months monitoring service (first full month and last month)
- Support fee
All amounts not paid by the due date are overdue and you must also pay a late payment charge of 2% per month (26.82% per annum) on all overdue amounts.
4. NO WARRANTIES: To the fullest extent permitted by law, the service is provided on an “as is” and “as available” basis. Your use of the service is at your sole risk. The service may fail or be interrupted for reasons including, but not limited to, environmental conditions, technical limitations, defects or failures, limitations of the systems of telecommunications companies, emergency or public safety requirements, or causes beyond reasonable control.
Unless otherwise stated, the hardware comes with a one year warranty. Unless otherwise stated, the hardware warranty does not include malicious or accidental damage and does not cover water damage of any manner. The hardware warranty covers shipping costs one way, back to the client. The client is responsible for shipping costs to the manufacturer. The client is responsible for the cost of the replacement hardware not covered under warranty. GPS Tracking Canada does not deem whether the hardware malfunction is covered under warranty. The manufacturer and only the manufacturer states whether the hardware malfunction will be covered under warranty and whether the malfunctioning hardware qualifies for a replacement. Only after the manufacturer has deemed the hardware malfunction to be covered under warranty, will a replacement, refurbished or repaired hardware unit be shipped back to the client.
5. AUTHORIZED EQUIPMENT: You will not engage in any activity that could compromise the security of or disrupt or interfere with the service or any network or wireless access provider associated with this service. You will only use authorized equipment and will not permit any unauthorized repairs or alterations or transmission function or component of any equipment.
6. LIABILITY: To the fullest extent permitted by law, GPS Tracking Canada will not be liable to you or any other person for any damages (direct, indirect, consequential or other, including physical injury, death or damage to your property or premises), expenses, loss of profits, loss of earnings, loss of business opportunities, loss of data, or other similar loss, arising out of or in connection with the provision, use or failure of the service, or any equipment used with the service, whether caused by negligence or otherwise, and whether claimed in contract, tort or otherwise
7. INDEMNITY: You will indemnify GPS Tracking Canada from all losses, expenses and all manner of actions, claims and judgments sustained by or made against it in connection with your use or misuse of the service, any equipment used with the service or violation of these terms and conditions.
8. TERMINATION/SUSPENSION OF SERVICE: Unless otherwise agreed, you may terminate or suspend your service at any time by providing thirty (30) days notice in writing. In turn, GPS Tracking Canada may suspend or terminate the service and this agreement at any time, without any notice or liability. Some hardware when deactivated, due to service termination, may not be reactivated or if reactivated, may be subject to a reactivation service charge. Some hardware can be suspended at a reduced monthly service cost.
9. GENERAL: These terms and conditions shall be governed by and construed in accordance with the laws of the province in which you reside. You must not assign this agreement without the express permission and written consent in advance from GPS Tracking Canada.