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 (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: IF you have purchased a tracking service plan, the services charges are calculated on a monthly basis, with no long term agreement. Cancel any time with 60 days notice. The units are shipped in a semi-live state and so the tracking units must be installed within 30 days of order confirmation. The tracking service charges commence on the day that the units are installed (auto-activation) or 30 days from the date the order was confirmed, whichever is sooner. The units are installed active. The initial tracking service charge is for the prorated partial month from the day of installation until the last day of the month.
The monthly monitoring fee is due on the 1st of each month and is payable on a pre-authorized credit card. Payment 15 days overdue is subject to suspension, without notice. Payment 30 days overdue is subject to termination, without notice.
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 tracking service: pro-rated first month payment for partial first month of service
- Monthly tracking 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.
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 America 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 America 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 your service at any time by providing sixty (60) days notice in writing. In turn, GPS Tracking America 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. Some hardware can be suspended with a minimum 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 America.