GoTrack Service Agreement Terms and Conditions (Rev. 03/16/2017) 1. General: The terms and conditions contained herein constitute the agreement (“Agreement”) for the purchase and use of equipment and service (“Products”) between RSC Communications, Inc., a Missouri corporation dba GoTrack, Inc. (“GoTrack”), and buyer (“Buyer”). Buyer acknowledges that GoTrack depends upon services from third party suppliers (“Suppliers”). All terms, conditions and limitations set forth in agreements with and between these Suppliers are incorporated herein by reference. 2. Term: The term of the service portion of this contract will be either monthly, three, six, twelve or twenty-four months beginning on the day of shipment. If buyer chooses the monthly plan the term will consist of a minimum of 12 continuous months. At the end of the term of the contract for airtime data service will automatically renew for each additional term unless notice is given in writing by either GoTrack or Buyer of intent to cancel or modify the terms. Such notice must be provided in writing at least 30 days prior to the renewal date. If the agreement is terminated for any reason prior to the term expiring, all prepaid airtime will be forfeited. 3. Software License: GoTrack hereby grants to Buyer a non-transferable, non-exclusive right to use any software provided pursuant to this agreement or contained in or embedded in any of the hardware (collectively, the “Software”). Buyer receives no title or ownership rights to such Software. Except for the license granted in this Section 3, all right, title and interest in the Software shall remain the exclusive property of GoTrack or its licensors. This agreement does not give Buyer any right to reproduce the Software or any related documentation, and Buyer agrees that it shall not decompile, disassemble, compile or reverse engineer the Software or otherwise attempt to gain access to the Software source code. 4. Shipment, Title and Delivery: All sales are made F.O.B. GoTrack„Cs manufacturing facility to an agent of Buyer, including common carrier, notwithstanding any prepayment of freight by GoTrack. Buyer will be responsible for shipping charges, and will reimburse GoTrack for all shipping costs GoTrack incurs. At the time the Products are delivered to an agent of Buyer, including common carrier, risk of loss shall pass to Buyer and GoTrack is not responsible for any subsequent delay in transportation or non-delivery of Products. Buyer shall provide whatever insurance against loss or damage it considers necessary once the Products leave GoTrack 5. Third Party Services: Buyer is responsible for obtaining services from third party vendors for Internet access, (collectively referred to as “Third Party Services”). The contractual relationship, including the obligation to pay for these Third Party Services, will be directly between Buyer and the third party service provider(s). GoTrack will have no responsibility for any damages or loss that may result from interruption in wireless access or Internet access. Neither shall GoTrack be obligated to refund fees paid to GoTrack due to the inability of Buyer to access the database or website unless the interruption is directly attributable to GoTrack. 6. Internet Protocol and Other Addresses: Buyers obtain no proprietary interest in any addresses assigned for its use, and any addresses can be changed at any time upon notice of GoTrack. 7. Termination of Service: In the event that Buyer„Cs funds are not available for payment processing under the method of payment selected and authorized, or for payments by check if the check is returned for insufficient funds, GoTrack reserves the right to terminate service access without prior notification until such time as all past due payments are paid. 8. Order Cancellation: Cancellations of purchase orders by Buyer prior to shipment will be subject to a cancellation fee of 15% of the “Equipment” portion of the “TOTAL”. 9. Technical Data: Buyer shall not, without the prior consent of GoTrack, use, duplicate, or disclose any technical data, or any information on the construction of Products, delivered or disclosed by GoTrack to Buyer for any purposes other than the installation, operation or maintenance of the Products. 10. Governing Law and Venue: This Agreement and performance by the parties hereunder shall be construed in accordance with the laws of the State of Missouri, U.S.A., without regard to provisions on the conflicts of laws. Buyer and GoTrack consent to the exclusive jurisdiction of, and venue in, the state and federal courts of Jackson County, Missouri, U.S.A. 11. Warranty: GoTrack warrants Products to be free from defects in material and workmanship under normal use and service for a period of twelve months after shipment. This warranty obligation is limited to making good at its factory any part or parts which are returned to it within the warranty period with transportation charges prepaid and which its examination shall disclose to its satisfaction to have been thus defective. This warranty shall not apply to any electronic hardware which shall have been repaired or altered any way so as in the judgment of GoTrack to affect its stability and reliability, nor which has been subject to misuse, negligence or accident. Nothing herein shall be construed as providing or intending to provide a warranty to any third party. GoTrack MAKES NO OTHER WARRANTY, EXPRESSED OR IMPLIED, WITH RESPECT TO THE PRODUCTS SOLD HEREUNDER. GoTrack EXPRESSLY DISCLAIMS THE IMPLIED WARRANTIES OF MERCHANTABILITY AND OF FITNESS FOR A PARTICULAR PURPOSE. 12. Limitation of Liability: IN NO EVENT SHALL GoTrack OR ANY SUPPLIERS BE LIABLE FOR COSTS OF PROCURING SUBSTITUTE PRODUCTS OR SERVICES, NOR FOR ANY LOSS OF BUSINESS, LOSS OF USE OR DATA, INTERRUPTION OF BUSINESS, LOST PROFITS OR GOODWILL, OR OTHER INDIRECT, INCIDENTAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING OUT OF THIS AGREEMENT, REGARDLESS OF WHETHER THE CLAIM IS BASED ON BREACH OF CONTRACT, TORT LIABILITY OR OTHERWISE. THIS EXCLUSION INCLUDES ANY LIABILITY THAT MAY ARISE OUT OF THIRD-PARTY CLAIMS AGAINST BUYER. IN NO EVENT WILL THE TOTAL LIABILITY OF GoTrack UNDER THIS AGREEMENT EXCEED THE TOTAL AMOUNT PAID BY BUYER UNDER THIS AGREEMENT. 13. Entire Agreement: This Agreement constitutes the entire agreement between GoTrack and Buyer with respect to the subject matter hereof and supersedes all previous communications, representations and agreements, whether oral or written, between Buyer and GoTrack. Insofar as the terms and conditions in the Agreement conflict with any other communications, representations or agreements, the terms and conditions of this Agreement shall govern. This Agreement may not be modified, supplemented, qualified or interpreted except in writing signed by Buyer and GoTrack. The failure by GoTrack to enforce at any time any of the provisions in this Agreement will in no way be construed as a waiver of such provisions. 14. Force Majure: GoTrack shall not be in default by reason of any failure in performance of its obligations (including any failure to make progress in the prosecution of work there under which endangers performance) if such failures arise out of causes beyond the control (whether caused directly or indirectly) of GoTrack. Such causes may include, but are not restricted to: Acts of God or of the public enemy; acts of government (including specifically but not exclusively any orders, rules, or regulations issued by any official or agency of any such government) in either its sovereign or contractual capacity; riots; fires; earthquake; floods; epidemics; quarantine restrictions; embargoes; strikes; labor difficulties; unusually severe weather; shortages in labor, fuel, materials and supplies; or any combination thereof. GoTrack Standard Payment Terms (Rev. 02/25/2009) I. Equipment sales: The entire balance is due at shipment — GoTrack accepts MasterCard, Visa, American Express and Discover. II. Monthly data access fees and service contract: GENERAL: The Airtime Data Purchase Agreement term is either monthly, three, six, twelve or twenty-four months and includes provisions for automatic renewal. GoTrack bills its data access fees in advance. We reserve the right to deny access to the GoTrack server for non-payment of regular airtime data fees. We encourage customers to pay with a pre-authorized credit card. INITIAL SERVICE BILLING AND PRORATIONS: The Purchase Agreement includes the first term data access fees for all units purchased. The data access fees accrue beginning the first day you have access to the GoTrack server, generally the day units are shipped. As services are added, the airtime data bill may include prorated amounts. During these months, we take great care to ensure accurate billing. If you note an error, please contact us so that we can make the appropriate corrections. EARLY TERMINATION: There is a $75 termination fee if the airtime data service is discontinued prior to the initial term being completed. However, all prepaid airtime fees will be forfeited. 1324 NW Main St., Lee„Cs Summit, MO 64086 816-313-8255 Fax 816-554-2081
Shipping & Delivery
Shipping/Handling Policy: Your order will be processed and shipped for delivery within 1 to 2 days. When ever possible we make every effort to ship the same day. Orders are shipped UPS ground unless specified differently by the customer. Once your order has been shipped you will receive a (Delivery Confirmation) number via e-mail, so you will be able to track your order online. We will notify you of our order shipping date if any delays arise. All shipping charges are non-refundable. Please be aware that you may receive separate packages on different days.
Return Policy: Merchandise must be returned within 30 days of receipt of order with a (Return Merchandise Authorization) RMA number clearly marked on the outside of the shipping container. Contact us for an RMA number. Only merchandise with its original packaging and accessories in new or like new condition will be accepted. Replacements are subject to item’s availability; if exact replacement is not available replacement will be of comparable item of at equal value or better. For questions, you can call or e-mail us at: Office (816) 313-8255, e-mail email@example.com. GoTrack, Inc. stands behind our products 100%. Refund Policy: Please allow 10 to 14 business days from the date we receive your package to process your return or exchange request. If a credit card refund is issued, allow an additional 2 to 4 business days for the credit to post to your credit card account and 1 to 2 billing cycles for the transaction to reflect on your billing statement since each bank’s processing time varies. All merchandise with its original packaging and accessories will be accepted. Credit will be issued for the original amount paid on the merchandise returned, excluding the shipping and handling fees, installation fees and airtime. Refunds are issued in the original form of payment only. All policies are subject to change.