BESAFE GPS PTY LTD - Terms and Conditions of Sale and Use:

BESAFE GPS PTY LTD - Terms and Conditions of Sale and Use:

 

Terms and Agreement of Sale of BeSafe GPS products, and BeSafe GPS Software Hosting and provision of mobile, SMS and/or 2G,3G, 4G, 5G Data Services (Subscription Fees).

Minimum Contract Term: 36 Months

Below is what you need to know.

 

  1. FAIR GO POLICY: When you place your order with BeSafe GPS, we will program your GPS devices and other peripherals, connect to a mobile phone data sim card account and configure the basic operations of your software. We do not charge for this service; however, it does take up considerable resources and upfront costs with third parties which we do not charge you. We also supply the GPS products and any peripherals significantly below suggested retail price and recover our costs as a portion of your monthly subscription fees. It's similar to purchasing a mobile phone on a post-paid plan and minimum contractual agreement.

Therefore, we request that you respect our investment in you as our client, and we stipulate that you subscribe to our GPS tracking service for a minimum contract term from the date of your order. Therefore, if you wish to disconnect your service within the minimum term of this order, you are required to pay the remaining portion of your total monthly subscription fees due over the term.

For example, if the minimum term of the contract is 36 months and you terminate your service with us after 26 months of placing this order, you will be required to pay the remaining 10 months' subscription fees upon termination of your service with us.

 

We advise you to consider your minimum term agreement with BeSafe GPS if you are selling or disposing of your vehicle or asset fitted with our GPS device. Selling or disposing of your vehicle or assets does not mean that you are not obliged to pay the remaining portion of your agreement with us. We recommend professionally removing the GPS device and installing it in your next vehicle or asset. BeSafe GPS can assist in transferring the GPS from one vehicle or asset into the next at its ordinary rates of labor.

 

  1. BeSafe GPS devices are not recommended as anti-theft devices or theft recovery devices and BeSafe GPS will not be held liable for the failure to recover any stolen vehicles or assets or the like because of any acts or omissions or negligence on the part of BeSafe GPS or any of its subcontractors or third-party suppliers. If you are intending to purchase BeSafe GPS or such purposes, we recommend that you log into systems each day and regularly check the health and integrity of the system including wiring, signs of tampering or any potential damage to the vehicle or asset or system which may fail to operate as prescribed in such anti-theft or recovery incidents.

 

We also advise you to take additional insurance on the vehicle/s to cover the GPS tracking device/s provided in this contract, because if your vehicle is written off, you are still liable to pay the fees which fall under the minimum term agreement.

 

  1. You agree to use the products strictly in accordance with all applicable laws including any privacy and disclosure laws, and you will not hold BeSafe GPS responsible for any breach of these laws.

 

  1. You agree to use the products and software in accordance with the BeSafe GPS manuals which are available online.

 

  1. You will ensure all other persons using your online account will abide strictly in accordance with all applicable laws and use the software in accordance with the BeSafe GPS user manuals.

 

  1. You will keep safe your online username and password and will not disclose it to others. We recommend you change your default password upon first login.

 

  1. You must not tamper with or allow others to tamper with the BeSafe GPS devices, installations or data sim cards. If you do, and I BeSafe GPS incurs any direct or indirect expenses or claims as a result, you will be personally liable.

 

  1. You must not remove or allow others to remove the BeSafe GPS Tracker data sim card from the GPS Tracker device. If you do and BeSafe GPS incurs any direct or indirect expenses or claims as a result, you will be personally liable.

 

  1. In return for a prepaid subscription fee, BeSafe GPS will provide Monthly GPS/GSM Data Service allowances and internet based online software to allow you to track the GPS device. In the very unlikely event that your monthly allocated Data is utilised, BeSafe GPS reserves the right to suspend the device for the remaining portion of the month.

 

You acknowledge that I BeSafe GPS may charge you for any surplus data usage over and above the data allocation per month or reduce your prepaid subscription term. Although we do not intend to vary subscription fees during the term of this agreement, we have the option to vary subscription fees a maximum of one time per annum should we incur additional charges by third party providers such as mapping, telco or data hosting providers which are unforeseen at the time of this agreement. In such cases we will provide 14 days' notice.

 

  1. You must pay the BeSafe GPS subscription fee when purchasing the BeSafe GPS Tracker product in line with our Fair Go Policy clause. The subscription fee may not be reclaimed or credited if you do not use the BeSafe GPS products or software during the term.

 

11 BeSafe GPS will send you an invoice at the end of your prepaid subscription term. If you do not pay this invoice, BeSafe GPS will terminate your service and delete any user profiles and stored data. You will remain liable for any fees and charges applicable under our Fair Go Policy and monthly subscription agreements.

 

  1. If the BeSafe GPS device fails to track or send data, you must notify BeSafe GPS support as soon as possible. For privacy reasons we will not be monitoring each individual device to ensure that it is always functional. Therefore, we recommend you log into the software each day and ensure all is working fine.

 

  1. You cannot claim a refund or credit for any prepaid subscription fees if the GPS device has failed to track or send data unless you notify us and we are unable to rectify the issue within 5 business days. This clause is only valid where BeSafe GPS has the ability to resolve the failure to track and send data. Where the failure to track or send data is a result of independent third-party telecommunications or satellite services providers, I BeSafe GPS is not obligated to provide any credits, compensation or refunds.

 

  1. Upon termination, you are still liable for any outstanding amounts to BeSafe GPS in line with our Fair Go Policy and monthly subscription agreements.

 

  1. All software and data remain the property of BeSafe GPS and you have rights to use the software and data when your subscription fees are paid in full. You also agree that BeSafe GPS has rights to view and process data collected by your BeSafe GPS system for research and development purposes, data analysis and big data mining. Any data collected is depersonalised.

 

  1. You must maintain all software including anti-virus and spyware on all computers using the BeSafe GPS Online Software or App and provide a suitable internet connection of 5MBPS or greater. BeSafe GPS software currently performs best on Google Chrome and we always encourage you to use our recommended Internet browser.

 

  1. You expressly acknowledge that due to circumstances often beyond the control of BeSafe GPS, including (but not limited to) software viruses, power failure, electrical or topological interference, equipment malfunction, tampering by unauthorised persons and the actions, omissions or outages by suppliers of telephony and communications services, the BeSafe GPS Products Software & Telecommunications Services may not operate as designed. This does not form a basis of making any claim against BeSafe GPS.

 

  1. You also acknowledge that BeSafe GPS is not responsible for damages for Products and Services or their failure to perform, as a result of any defect in the vehicle or asset being tracked, or by accident, vandalism or other consequence.

 

  1. You therefore understand and agree that BeSafe GPS will not be responsible for any performance, or failure, of the products or services including software, and any resulting loss of business or profits or other loss or damage whether due to the circumstances envisaged above or otherwise.

 

  1. This order is binding once invoice has been acknowledged with payment and devices installed and are live. BeSafe GPS has the right to accept or refuse the order.

 

  1. The prices payable for the BeSafe GPS Products and Software and Data Subscription Services are quoted in this Agreement, shopping cart check out or invoice. Prices are always quoted excluding any value added taxes. These taxes are added to invoices upon sales.

 

  1. BeSafe GPS warrants that the products supplied in this agreement are free from defects and defaults and fit for the purpose for which they are intended as of the date of purchase. Where BeSafe GPS or any of its direct contractors are responsible for installation of the products into vehicles or assets, you give authority to I BeSafe GPS and any of its direct contractors to conduct installations according to industry standards which may include splicing and cutting wires within the vehicle to make the necessary electrical connections and/or drilling holes to mount products and/or run cabling. You indemnify BeSafe GPS and/or its contractors of any liability of such actions and under no circumstances will BeSafe GPS bear any liability to you or any third party including vehicle or asset manufacturer or other equipment provider for any consequences of such action required to install products.

 

  1. This warranty continues in force for a period of (12) twelve months from the date of purchase.

 

  1. During the warranty period BeSafe GPS will repair or replace, at its absolute discretion, any defective products or component parts at its own expense less removal, reinstallation and shipping costs back to the BeSafe GPS Service Centre in Melbourne Australia.

    You must provide suitable access, free parking and a safe work environment to all BeSafe GPS employees and contractors conducting any works (including telematics installations) or meetings on any  of your sites or sites where BeSafe GPS employees or contractors are directed to conduct work on your behalf.

 

25 BeSafe GPS Warranty immediately becomes void if you fail to comply with the User Manual operating instructions or other information or you or any person not authorised by BeSafe GPS attempts to service, repair, assemble, disassemble, tamper with the BeSafe GPS products (or components thereof) or; your vehicle or asset has been involved in an accident or materially damaged.

 

  1. The warranty offered by BeSafe GPS is a back to base warranty and you are liable to pay any device removal, shipping and re-installation costs.

 

  1. BeSafe GPS will provide GPS positional data at regular periods of travel when the vehicle ignition is on.

 

  1. Position Data may not be real time due to factors including, but not limited to, mobile phone network coverage and latency within the Internet or Information Technology Infrastructures.

 

  1. BeSafe GPS OBD type Plug in Devices may induce error lamps and notifications or prevent the vehicle starting in certain makes and models of vehicles which do not comply to OBDII standards. These errors are normally cleared by simply unplugging the BeSafe GPS Tracker device and turning the vehicle ignition off and on. If such errors occur, we recommend purchasing the BeSafe GPS OBDII bypass cable. BeSafe GPS will not be held liable for any errors which require clearing by a Mechanical Workshop.

 

  1. You must give BeSafe GPS 30 days or one billing period notice, whichever is greater, if you wish to terminate your service after the initial contract period. If notice is not provided within the initial contract period, this contract will be automatically renewed for a following 12 months where notice must be given to terminate the contract at the end of the subsequent 12-month period or the contract will be automatically renewed for a further period of 12 months on a continuous basis. This notice must be provided via signed and dated letterhead. BeSafe GPS will provide confirmation of receipt. BeSafe GPS, verbal notice of termination.

 

  1. Payment of the BeSafe GPS Tracking device Equipment Purchase, and Monthly Service Hosting and Data Account is due and payable the day that you place this order or the day your device is online and tested at BeSafe GPS Service Centre. It is up to you to ensure your vehicles are available for installation as soon as possible, during business hours Monday to Friday and within the metropolitan areas. Installations outside our normal business hours and outside metropolitan areas may not be possible. Where installation is possible outside our normal business hours and outside metropolitan areas an installation surcharge may be applicable.

 

  1. At our discretion, we have the option of adding any price increases, surcharges or levies imposed by third party suppliers to us, to your monthly, quarterly or annual subscription fees which are necessary to provide you an ongoing service. You have the option to dispute these or request the removal of the feature/s or functionality affected by the price increase, surcharge or levy.

 

  1. You will be charged monthly in advance for all subscription charges. If subscription fees are not paid, BeSafe GPS has the right to terminate your service within 14 days and seek recovery immediately of any due funds under the "Fair Go Policy".

 

  1. If you change your mind and wish to cancel your order and agreement with BeSafe GPS prior to the installation of the BeSafe GPS Devices, you will be liable for a setup and configuration fee of $300 per device. Any devices which are installed at the time of order cancellation will be subject to the "Fair Go" policy.

 

  1. Where you pay for BeSafe GPS Products and Services and or installation thereof by continuing credit card instalment payments or a Direct Debit Authority, you acknowledge that BeSafe GPS is authorised to deduct all due payments on the dates on which they are required to be made. Any dishonored payments may incur a dishonor fee.

 

  1. Where you make payments to BeSafe GPS by way of credit card instalments or Direct Debit Instalments, you must immediately notify BeSafe GPS of the loss or theft or expiry of the credit card or Nominated Bank Account. You must notify in writing of replacement credit card or Nominated Bank Account details as soon as practically possible so that continuing credit card payments are not terminated.

 

  1. You or BeSafe GPS may terminate this agreement with 30 days' notice if third party telecommunications network providers procured by BeSafe GPS no longer provide a service. For example: Telstra shuts down its 3G/NextG network and the GPS device is no longer functional therefore meaning BeSafe GPS can no longer provide a service. Under these circumstances, either party is no longer obligated to continue its obligations under the terms and conditions of this agreement.

 

38 BeSafe GPS has the right to terminate your service and subscription after your initial contract period has expired and when you have not accessed the BeSafe GPS web application within a three-month period, or your GPS Tracking device has not sent any data to our servers for a period of 3 months. BeSafe GPS will advise you prior to disconnection via email and unless a response is received from you within 7 days notifying BeSafe GPS to continue providing a service, the service will be terminated.  You may contact BeSafe GPS at any time to re-activate your service.

 

  1. Where the terms of this contract offer a perpetual lifetime prepaid software subscription service, BeSafe GPS reserves the right to terminate the service when any of the following occur:
  2. a) Third party providers to BeSafe GPS such as telecommunications carriers, satellite provides, software providers or mapping providers are no longer able to provide a service to BeSafe GPS;
  3. b) The device becomes faulty and is no longer covered by warranty.
  4. c) BeSafe GPS exercises its rights under clause 37 of this agreement.

 

  1. Support and Training. We provide up to 1 hour of online training when you first subscribe to the BeSafe GPS subscription services. Training manuals and videos are available online, and you have unlimited access to these. BeSafe GPS provides unlimited help desk services during business hours BeSafe GPS help desk covers assistance with general issues and fault finding BeSafe GPS help desk is not a concierge, monitoring or systems administration service for your vehicle, employee, user, alerts, geofence management. We can provide these services at an additional hourly rate.

 

  1. If you are an existing BeSafe GPS client with an existing direct debit facility to pay for your devices and subscriptions, you agree that by submitting this order, BeSafe GPS is authorised to increase the amount on your existing Direct Debit Authority to cover the cost of the GPS devices, accessories, services and monthly fees covered in this order and during the term of the contract and thereafter including any termination fees and charges until BeSafe GPS no longer continues to provide a service to you.

 

The Direct Debit Authority will continue to remain in place for the duration of this contract under the terms and conditions of sale and if the service is provided by I BeSafe GPS beyond the contract date.

 

  1. You give authority to BeSafe GPS to conduct a credit check on your company, business, owners and directors. We conduct credit checks as follows:

 

 A credit check involves BeSafe GPS disclosing personal information about you to a credit reporting agency or third-party information providers to obtain and use credit and other reports and information about you to assess your application. The reports and information that will be provided to BeSafe GPS include personal information about you. I BeSafe GPS’s request for a credit check may be recorded by the credit reporting agency to create or maintain a credit information file about you.

 

  1. If this application also involves a Master Rental Agreement, the terms and conditions of the Master Rental Agreement take precedence over the clauses in this agreement.