GreenEcoTrack.com

Terms and Conditions

11 June 2009 Categories: Fine Print

Monitoring Terms and Conditions

1/ FCC COMPLIANCE: Customer agrees to accept full responsibility for compliance with all FCC rules and regulations that apply to all Authorized Units, regardless of whether such units are licensed by the FCC to Customer or Company. Customer agrees to faithfully and accurately report in writing the actual number of units in Customer’s possession, upon request of the FCC or Company.
2/ COMPANY’S OBLIGATION-RISKS OF FAILURE: Company’s obligation concerning the provision of service is to provide non-exclusive use of the network on an as available shared basis. Customer is aware that service disruptions can occur due to storm damage or other acts of god, coverage area, or availability of air time. These risks were taken into account by Customer before entering into this Agreement.
3/ REPAIRS, TECHNICAL ADJUSTMENTS: In the event Customer requests Company to correct a technical difficulty and the problem is found to be with the Customer’s own equipment and exceeds the manufacturers warranty or is malfunctioning due to physical damage, Customer agrees to pay Company its customary charge for all technical time expended. All charges for repairs and technical adjustments are at all times the Customer’s responsibility and Customer agrees to pay Company for all such services it performs for Customer at its current rates.
4/ SOLE AGREEMENT-NO OUTSTANDING CLAIMS: Customer acknowledges that this Agreement is independent of and not conditional upon any other agreement between Customer and any other person (including Company) concerning the maintenance or operation of Customer Units to be used by Customer. No oral statements, understandings or modifications shall be binding on either party unless reduced to in writing which expressly references this Agreement and is executed by authorized representatives of both parties.
5/ DEFAULT: There shall be deemed to be a default of this Agreement by Customer; (a) if Customer shall fail to make any payment hereunder when due, (b) if Customer shall fail to perform any of the terms or conditions herein, and such failure shall continue uncured for ten (10) days after written notice thereof to Customer by Company, or (c) if Customer becomes insolvent or if a petition is filed by or against Customer under any provisions of the Federal Bankruptcy acts. In the event of a default as described above, Company may at its option, declare the entire amount of payments for the Initial Term or any Renewal Term shall immediately become due and payable in full and/or disconnect Customer’s access. Customer agrees that any delay or failure to enforce Company’s rights under this Agreement does not prevent Company from enforcing any rights at a later time. In the event that Company shall find it necessary to retain an attorney and/or a collection agency to pursue the recovery of Monies due, Company shall be entitled to reasonable attorney’s fee and reasonable costs of collection, whether by trial, arbitration or settlement, and the costs of suit.
6/ TERM AND RENEWAL: The initial term of this Agreement begins on the date of this Agreement and unless terminated earlier as provided herein continues for twelve (12) months or for the term specified on the sales order. Thereafter, the Term will be extended on an annual basis. If you terminate services under this Agreement and later decide to reinstate services, you may receive those services if you sign another Agreement and pay then current applicable fees.
7/ TERMINATION OPTION: Customer is hereby granted the option to terminate this Agreement for any reason upon (30) days advance written notice thereof to Company, provided, however, such notice must be accompanied by payment in full for, (a) all amounts due for services pursuant to the term of this Agreement, or (b) a liquidated damages fee equal to $240 (two-hundred forty dollars) per unit prorated over the 12 months term that are deactivated prior to the expiration of the term of this agreement, and (c) all other services rendered by Company, unpaid, at time of notice.
8/ TAXES AND FEES: Customer agrees, upon written notice, to pay all taxes and fees charged, assessed or levied by any governmental agency or any public utility in connection with Customer’s use of the service. Customer agrees to reimburse Company for any advancement of such fees made by Company on behalf of customer.
9/ RATE INCREASES: Company may increase its access and airtime charges specified in this Agreement after the initial term as described above and substitute or change the Rate Schedule(s) upon thirty days advance written notice. If one or more such increases or Rate Schedule changes during any single calendar year results in an increase of more than 10% of the total applicable airtime charges in effect at the time of notice of such increase, Customer may terminate this Agreement by giving Company written notice thereof provided notice of termination is made within sixty days following receipt of notice of increase from Company.
10/ GOVERNING LAW, SEVERABILITY, WAIVER, ASSIGNMENT, NOTICE AND MISC PROVISIONS: The parties hereto agree that this Agreement is governed by the laws of the state in which the Customer is located. Any provision of this Agreement which is unenforceable shall be ineffective to the extent only of such unenforceability without invalidating the remaining provisions of this Agreement. The waiver of any term or provision herein shall not constitute the waiver of any other terms or provision. This Agreement is not assignable by Customer in whole or in part. This Agreement may be assigned by Company. Upon such assignment by Company and the assumption of Company’s obligations hereunder by the transferee, Company shall be released from any further obligations hereunder arising after such assignment and the rights of any transferee will not be subject to any claims, defenses, or offsets that Customer may claim against Company. Time is of the essence. Any notice or demands to be given to Company or Customer shall be made by Fax or US Mail to their respective address. Company or Customer may notify the other at any time of a change of address for future notice purposes.
11/ Customer agrees to the following Wireless Service Provisions:
(i) [CUSTOMER] HAS NO CONTRACTUAL RELATIONSHIP WITH THE UNDERLYING WIRELESS SERVICE CARRIER AND [CUSTOMER] IS NOT A THIRD PARTY BENEFICIARY OF ANY AGREEMENT BETWEEN [CUSTOMER] AND UNDERLYING CARRIER. [CUSTOMER] UNDERSTANDS AND AGREES THAT THE UNDERLYING CARRIER SHALL HAVE NO LEGAL, EQUITABLE, OR OTHER LIABILITY OF ANY KIND TO [CUSTOMER]. IN ANY EVENT,
REGARDLESS OF THE FORM OF THE ACTION, WHETHER FOR BREACH OF CONTRACT, WARRANTY, NEGLIGENCE, STRICT LIABILITY IN TORT OR OTHERWISE, [CUSTOMER's] EXCLUSIVE REMEDY FOR CLAIMS ARISING IN ANY WAY IN CONNECTION WITH THIS AGREEMENT, FOR ANY CAUSE WHATSOEVER, INCLUDING, BUT NOT LIMITED TO PAYMENT OF DAMAGES IN AN AMOUNT NOT TO EXCEED THE AMOUNT PAID BY [CUSTOMER] FOR THE SERVICES DURING THE TWO (2)-MONTH PERIOD PRECEDING THE DATE THE CLAIM AROSE.
(ii) [CUSTOMER] SHALL INDEMNIFY AND HOLD HARMLESS THE UNDERLYING WIRELESS SERVICE CARRIER AND ITS OFFICERS, EMPLOYEES, AND AGENTS AGAINST ANY AND ALL CLAIMS, INCLUDING WITHOUT LIMITATION CLAIMS FOR LIBEL, SLANDER, OR ANY PROPERTY DAMAGE, PERSONAL INJURY OR DEATH, ARISING IN ANY WAY, DIRECTLY OR INDIRECTLY, IN CONNECTION WITH THIS AGREEMENT OR THE USE, FAILURE
TO USE, OR INABILITY TO USE THE NUMBER EXCEPT WHERE THE CLAIMS RESULT FRO THE UNDERLYING CARRIER’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT. THIS INDEMNITY SHALL SURVIVE THE TERMINATION OF THE AGREEMENT.
(iii) [CUSTOMER] HAS NO PROPERTY RIGHT IN ANY TELEPHONE NUMBER ASSIGNED TO IT, AND UNDERSTANDS THAT ANY SUCH NUMBER CAN BE CHANGED FROM TIME TO TIME.
(iv) [CUSTOMER] UNDERSTANDS THAT GREENECOTRACK AND THE UNDERLYING CARRIER CANNOT GUARANTY THE SECURITY OF WIRELESS TRANSMISSIONS, AND WILL NOT BE LIABLE FOR ANY LACK OF SECURITY RELATING TO THE USE OF THE SERVICES.
(v) THE SERVICE IS FOR [CUSTOMER'S] USE ONLY AND [CUSTOMER] MAY NOT RESELL THE SERVICE TO ANY OTHER PARTY.
(vi) [CUSTOMER] WILL NOT REMOVE OR OBSCURE ANY COPYRIGHT, TRADEMARK NOTICE, OR RESTRICTIVE LEGEND.
(vii) UPON RECEIPT OF WRITTEN NOTICE FROM NETWORKFLEET INC. THAT GREENECOTRACK’S AGREEMENT WITH NETWORKFLEET HAS BEEN TERMINATED FOR CAUSE, THEN IN ORDER FOR SERVICE TO CONTINUE, [CUSTOMER] SHALL MAKE ALL PAYMENTS HEREUNER AS DIRECTED BY NETWORKFLEET IN SUCH NOTICE AND EXECUTE A NEW END USER AGREEMENT WITH NETWORKFLEET.
(viii) THE FOLLOWING IS APPLICABLE TO ANY ITEMS OR SERVICES THAT INCLUDE MATERIALS FROM TELE ATLAS NORTH AMERICA, INC., A THIRD PARTY LICENSOR OF NETWORKFLEET (“TANA LICENSED PRODUCTS”): U.S. GOVERNMENT RIGHTS. IF CUSTOMER IS AN AGENCY, DEPARTMENT, OR OTHER ENTITY OF THE UNITED STATES GOVERNMENT, OR FUNDED IN WHOLE OR IN PART BY THE UNITED STATES GOVERNMENT, THEN USE, DUPLICATION, REPRODUCTION, RELEASE, MODIFICATION, DISCLOSURE OR TRANSFER OF THIS COMMERCIAL PRODUCT AND ACCOMPANYING DOCUMENTATION, IS RESTRICTED IN ACCORDANCE WITH THE LIMITED OR RESTRICTED RIGHTS AS DESCRIBED IN DFARS 252.227-7014(A)(1) (JUN 1995) (DOD COMMERCIAL COMPUTER SOFTWARE DEFINITION), DFARS 227.7202-1 (DOD POLICY ON COMMERCIAL COMPUTER SOFTWARE), FAR 52.227-19 (JUN 1987) (COMMERCIAL COMPUTER SOFTWARE CLAUSE FOR CIVILIAN AGENCIES), DFARS 252.227-7015 (NOV 1995) (DOD TECHNICAL DATA – COMMERCIAL ITEMS CLAUSE); FAR 52.227-14 ALTERNATES I, II, AND III (JUN 1987) (CIVILIAN AGENCY TECHNICAL DATA AND NONCOMMERCIAL COMPUTER SOFTWARE CLAUSE); AND/OR FAR 12.211 AND FAR 12.212 (COMMERCIAL ITEM ACQUISITIONS), AS APPLICABLE. IN CASE OF CONFLICT BETWEEN ANY OF THE FAR AND DFARS PROVISIONS LISTED HEREIN AND THIS LICENSE, THE CONSTRUCTION THAT PROVIDES GREATER LIMITATIONS ON THE GOVERNMENT’S RIGHTS SHALL CONTROL. CONTRACTOR/MANUFACTURER IS TELE ATLAS NORTH AMERICA, INC., 11 LAFAYETTE STREET, LEBANON, NH 03766-1445. PHONE: 603.643. 0330. THE TANA LICENSED PRODUCTS ARE ©1984-200_ BY TELE ATLAS NORTH AMERICA, INC. ALL RIGHTS RESERVED. FOR PURPOSE OF ANY PUBLIC DISCLOSURE PROVISION UNDER ANY FEDERAL, STATE OR LOCAL LAW, IT IS AGREED THAT THE TANA LICENSED PRODUCTS ARE A TRADE SECRET AND A PROPRIETARY COMMERCIAL PRODUCT AND NOT SUBJECT TO DISCLOSURE.
12/ Limitation of Liability; Disclaimer of warranties:
(NEITHER PARTY WILL BE LIABLE FOR CONSEQUENTIAL, SPECIAL, INDIRECT OR INCIDENTAL DAMAGES, INCLUDING LOST PROFITS OR LOST DATA, EVEN IF THAT PARTY IS TOLD THOSE DAMAGES MAY OCCUR. NETWORKFLEET’S CUMULATIVE LIABILITY UNDER CONTRACT, TORT, STRICT LIABILITY OR OTHER LEGAL THEORY SHALL NOT EXCEED THE AMOUNT PAID TO NETWORKFLEET DURING THE SIX (6) MONTHS PRIOR TO THE DATE THE LIABILITY ACCRUES FOR A CLAIM. RESELLER’S CUMULATIVE LIABILITY UNDER CONTRACT, TORT, STRICT LIABILITY OR OTHER LEGAL THEORY SHALL NOT EXCEED THE AMOUNTS PAID OR PAYABLE TO NETWORKFLEET. THE FOREGOING LIMITATIONS SHALL NOT APPLY TO LIABILITY ARISING UNDER SECTION 1 (LICENSES), SECTION 2 (PROPRIETARY RIGHTS), SECTION 7 (COMPLIANCE WITH LAWS), SECTION 11 (INDEMNIFICATION), SECTION 12 (TRADEMARKS) AND SECTION 18 (CONFIDENTIALITY). WE ARE NOT RESPONSIBLE FOR (A)DELAYS IN DELIVERY, INSTALLATION OR PROVIDING THE SERVICE, NO MATTER WHO CAUSED THE DELAY; (B) ANYTHING OUTSIDE OUR REASONABLE CONTROL OR RESULTING FROM YOUR BREACH;OR (C) THE OPERATION OF ITEMS IF ANY ITEM ACQUIRED FROM A THIRD PARTY IS USED WITH THE ITEMS. YOU ACKNOWLEDGE THAT THE NETWORKFLEET DEVICE IS A WIRELESS DEVICE AND THAT NETWORKFLEET CANNOT COLLECT DATA FROM THE NETWORKFLEET DEVICE ONCE IT TRAVELS BEYOND A CERTAIN RANGE. THE ITEMS AND SERVICES ARE DEPENDENT ON THE COVERAGE AREAS OF WIRELESS NETWORKS OWNED AND OPERATED BY THIRD PARTIES. COVERAGE AREAS ARE APPROXIMATE AND DO NOT COVER SIGNIFICANT PORTIONS OF NORTH AMERICA. ACTUAL COVERAGE AND OPERATION OF THE PRODUCTS DEPENDS ON SYSTEM AVAILABILITY AND CAPACITY, SYSTEM AND EQUIPMENT UPGRADES, REPAIRS, MAINTENANCE, MODIFICATIONS, RELOCATION, TERRAIN, SIGNAL STRENGTH, STRUCTURAL CONDITIONS, WEATHER AND ATMOSPHERIC CONDITIONS, GOVERNMENTAL REGULATIONS, AND OTHER, ACTS OF GOD, AND OTHER CONDITIONS BEYOND NETWORKFLEET’S REASONABLE CONTROL. THE ITEMS MAY NOT OPERATE IN ENCLOSED SPACE, IN BUILDING, BETWEEN BUILDINGS, UNDER GROUND, OR IN CANYONS. THE ITEMS AND SERVICES ARE DEPENDENT UPON THE AVAILABILITY OF THE INTERNET, WHICH IS OWNED AND OPERATED BY AND ACCESSED THROUGH THIRD PARTIES. NETWORKFLEET DOES NOT WARRANT THAT THE RECEIPT OF DATA, MAPPING INFORMATION, AND OTHER CONTENT FROM THE NETWORKFLEET DEVICE WILL BE UNINTERRUPTED, OR THAT THE TRANSMISSION OF DATA, MAPPING INFORMATION, AND OTHER CONTENT FROM NETWORKFLEET TO YOU OR OUR SITE WILL ALWAYS BE TIMELY OR COMPLETE. YOU ACKNOWLEDGE THAT NEITHER THE NETWORKFLEET DEVICE NOR THE SERVICE SHALL PREVENT AND/OR DETECT ALL VEHICLE PROBLEMS, GUARANTEE THAT A FLEET CUSTOMER VEHICLE WILL NOT BREAK DOWN OR GUARANTEE THAT FLEET CUSTOMERS WILL NOT INCUR VEHICLE REPAIR BILLS. YOU ACKNOWLEDGE THAT THE NETWORKFLEET DEVICE SHOULD NOT BE USED IN LIEU OF A VEHICLE WARRANTY OR STANDARD VEHICLE MAINTENANCE. YOU ACKNOWLEDGE THAT THE NETWORKFLEET DEVICE DOES NOT DETECT FAILURES IN INTERNALLY LUBRICATED PARTS AND SYSTEMS NOT MONITORED BY YOUR VEHICLE’S COMPUTER. YOU ACKNOWLEDGE THAT IF THE LOCATION-BASED DATA OR LOCATION-BASED SERVICES ARE USED TO ATTEMPT TO LOCATE A VEHICLE (E.G. A STOLEN VEHICLE), NETWORKFLEET DOES NOT GUARANTEE THAT THE VEHICLE WILL BE SUCCESSFULLY LOCATED AND/OR RECOVERED. IN THE EVENT THE NETWORKFLEET DEVICE OR THE SERVICE IS NOT ACTUALLY AVAILABLE OR IS NOT FUNCTIONING PROPERLY, WE SHALL HAVE THE RIGHT TO REFUSE TO PROVIDE A REPLACEMENT NETWORKFLEET DEVICE OR SERVICE. WHILE WE ENDEAVOR TO PROVIDE THE MOST ACCURATE, UPTO- DATE DATA AVAILABLE, DATA WE COLLECT FROM THE NETWORKFLEET DEVICE INSTALLED IN A VEHICLE MAY, AT TIMES, CONTAIN TECHNICAL INACCURACIES OR ERRORS, AND MAY BE CHANGED OR UPDATED WITHOUT NOTICE. EXCEPT AS EXPRESSLY SET FORTH HEREIN, THE NETWORKFLEET DEVICE AND THE SERVICE ARE PROVIDED BY US ON AN “AS-IS” BASIS TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, WE DISCLAIM ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF NONINFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AS TO THE NETWORKFLEET DEVICE AND THE SERVICE, AND THE DATA (INCLUDING ITS ACCURACY AND AVAILABILITY), SERVICES OR MATERIALS INCLUDED OR OFFERED AS PART OF THE SERVICE. YOU ASSUME THE ENTIRE RISK IN DOWNLOADING OR OTHERWISE ACCESSING ANY DATA, INFORMATION, FILES OR OTHER MATERIALS OBTAINED FROM THE NETWORKFLEET WEBSITE OR THROUGH THE NETWORKFLEET SYSTEM OR GREENECOTRACK WEBSITE OR SYSTEMS.
13/ Website Maintenance:
In an effort to ensure a responsive and efficient server platform for its customer base, NetworkFleet reserves the right to perform scheduled maintenance between the
hours of 10:00 p.m. to 3 a.m. Pacific Time. This may include database
maintenance as well as general site maintenance and may or may not
involve application and web services unavailability.

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