Upon your acceptance of the Agreement, MASTRACK will provide the Customer with log-in access to the MASTRACK Service for the term of the Agreement. The Agreement is provided to you at activation. There are several parts to the Agreement, including, but not limited to, the Subscriber Agreement you sign or accept, the detailed plan or other information on services we provide or refer you to during the sales transaction, and any confirmation materials we may provide you. YOU AGREE TO COMPLY WITH ALL APPLICABLE FEDERAL, STATE, LOCAL, AND FOREIGN LAWS, RULES AND REGULATIONS REGARDING THE USE OF THE DEVICE AND THE SERVICE PROVIDED BY MASTRACK.
You must have the legal capacity to accept the Agreement. You accept the Agreement when you do any of the following: (a) accept the Agreement through any printed, oral or electronic statement; (b) attempt to or in any way use the Services; (c) pay for the Services; or (d) open any package or start any program that says you are accepting the Agreement when doing so. If you don't want to accept the Agreement, don't do any of these things.
User Account, Password and Security:
To open and account for usage of the MASTRACK Services, Customer must complete the registration process by providing MASTRACK with current, complete and accurate information as requested by MASTRACK. Inaccurate details may result in suspension or termination of the MASTRACK Service. MASTRACK will assign an account name and Customer will choose a password. Customer is entirely responsible for maintaining confidentiality with regard to its password and account information. You may also set a backup security question and answer in the event you forget your password. You agree to protect your passwords and other account access credentials like your backup security question from loss or disclosure. You further agree that MASTRACK may, in our sole discretion, treat any person who presents your credentials for account access as you or an authorized user on the account for disclosure of information or changes in Service. You agree that we may contact you for service related reasons through the contact information you provide, through the services or devices to which you subscribe or through other available means, including text message, email, fax, recorded message, mobile, residential or business phone, or mail. Customer is entirely responsible for any and all activities that occur under their account. MASTRACK is not liable for any third party claims and/or actions taken with respect to services offered, all of which liability shall be solely the responsibility of the Customer. It is the customer's responsibility to adhere to all Federal, State and local laws regarding the use of GPS tracking equipment.
Devices and Service Update
We may periodically program your device remotely with system settings and other features that cannot be changed manually. Devices purchased for use on our service may not function on other services.
Service is not available at all times in all places. While we believe we have the most comprehensive coverage available, there can be gaps in wireless service areas. Tracking services may not be available from time to time due to issues including, but not limited to, satellite or cellular network communication or mechanical failure, internet outages and server maintenance. I accept MASTRACK Service with these limitations. MASTRACK is not responsible for interruptions in service that are outside of the reasonable control of MASTRACK.
Return & Cancellation Policy
No returns will be accepted without a Return Merchandise Authorization.
Please contact us prior to any returns in order to receive a Return Merchandise Authorizaton (RMA).
30 Day Money-Back Guarantee:
If the customer terminates this agreement within thirty (30) days after Purchase Date, AND the Equipment is returned within a thirty (30) day period from original receipt date. The amount of the refund will be based on the following:
Product is received damaged:
How to Change Service
You may contact us to change service by logging into your account and requesting the change via the on-line tracking portal or by sending an email to firstname.lastname@example.org from the email address associated to your account or by calling 1-800-559-8991 Mon to Fri 9 AM to 6 PM EST and speaking to a representative. After making changes, you may view completed changes and pending changes to service by visiting the “My Account” area of your tracking portal while logged into your account. Your account will be charged and service will change as per our Change of Service Policy.
Change of Service Policy
You are free to change service plans at any time. Any applicable minimum service term commitments will continue to apply to any changes in service. Service upgrades are effective immediately and any charges associated to the upgrade will be immediately charged to your account. Service Plan downgrades are effective at the end of any applicable minimum service term commitment. If the minimum service term commitment has been satisfied or otherwise does not apply then service downgrades become effective at the end of your current billing cycle. Charges associated to the downgraded change in service will be charged to your account when the new service plan takes effect. Once a service plan change is completed all future charges will reflect the new service rate. All Service Plan charges recur at the end of each billing cycle until service is cancelled.
How to Cancel Service
You must contact us to cancel service by logging into your account and requesting cancellation via the on-line tracking portal or sending an email to email@example.com from the email address associated to your account or by calling 1-800-559-8991 Mon to Fri 9 AM to 6 PM EST and speaking to a representative. After requesting cancellation, you may view cancellation or pending cancellation status by visiting the “My Account” area of your tracking portal while logged into your account. Your service will be canceled as per our Cancellation of Service Policy.
Cancellation of Service Policy
Some services require a minimum term of service commitment and are usually associated with additional discounts and/or benefits relating to price of hardware and/or service. Services purchased with a minimum service commitment require you to maintain service for the full term of commitment, e.g. 12 months, 24 months, etc. You will be charged an Early Termination Fee “ETF” for each device service subscription that is terminated prior to completing the full service term commitment. The ETF will be collected for each device subscription that you terminate early or that we terminate due to cause, e.g. non-payment or violating other terms of service. The Early Termination Fees are as follows:
|Applicable Early Termination Fee|
|Service Term||Month 0 - 12||Month 13 - 24|
|0 (No Commitment)||NONE||NONE|
Prohibited Network Uses
To ensure the activities of some users do not impair the ability of our customers to have access to reliable services provided at reasonable costs, you may not use our services in a manner that is unlawful, infringes on intellectual property rights, or harms or unduly interferes with the use of our data provider's network or systems. MASTRACK reserves the right, without notice or limitation, to limit data throughput speeds or quantities or to deny, terminate, end, modify, disconnect, or suspend service if an individual engages in any of the prohibited device or data uses detailed below or if MASTRACK, in its sole discretion, determines action is necessary to prevent unauthorized activity or to protect its provider's wireless networks from harm or degradation.
Prohibited System and Device Uses
Data services and messaging services and voice communications are provided solely for purposes of sending and receiving GPS tracking information, and programming or re-programming functions of a GPS tracking device that is authorized by MASTRACK GPS tracking service through the MASTRACK on-line interface. Any other use of data, messaging service, voice communications or of the SIM card provided by MASTRACK or its parent company or subsidiaries or any of its distributors for any other purpose is strictly prohibited. Any use of our GPS trackers or SIM cards for an activity that connects any device to Personal Computers (including without limitation, laptops), voice communication devices (including without limitation cell phones) or other equipment for the purpose of transmitting or receiving voice communications, wireless data or messaging over the network or for any other reason that, in our sole discretion violates our policy of providing service is strictly prohibited Any alteration to our system or unauthorized automation of any of our features or functions or any use of our system in any manner other than for which it was designed or intended constitutes a violation or our policy of providing service. MASTRACK will require that customers violating our policy of providing service pay for any excess voice, data and messaging use and services associated with the unauthorized use. Device reporting in a manner consistent with device or system alterations or tampering or excess of use over and beyond the maximum amount that a device is programmed to transmit or receive based on the customers Service Plan will be sufficient evidence that unauthorized use of services has taken place and the excess charges along with any service fees will be charged to the customer. An account administration fee of $50 will also be charged for each instance of abuse or misuse of voice, data or messaging services or unauthorized use of a SIM card provided by MASTRACK or its parent company or subsidiaries or any of its distributors.
Customer will not, and will not allow its Users, or agents to, directly or indirectly:
Ownership of Intellectual Property
Customer acknowledges and agrees that MASTRACK shall retain and own all rights, title and interest and all intellectual property rights (including copyrights, trade secrets, trademarks and patent rights) in and to the MASTRACK hardware, firmware or software, documentation and the MASTRACK Site (Collectively, the "MASTRACK" Materials") and all copies thereof, and that nothing herein transfers or conveys to Customer any ownership right , title or interest in or to the MASTRACK Materials or to any copy thereof or any license right with respect to same not expressly granted herein. Customer agrees that they will not, either during or after the termination of this Agreement, contest or challenge the ownership of the intellectual property rights in the MASTRACK Material.
Customer may not, without MASTRACK's prior written consent (which may be given or withheld in its sole discretion), assign or transfer this Agreement or any of its rights or obligations under this Agreement to any third person. MASTRACK may assign this Agreement to any person or entity without the consent of the Customer. MASTRACK may delegate to affiliates of MASTRACK and to agents, suppliers and contractors of MASTRACK any of the obligations herein imposed upon MASTRACK and MASTRACK may disclose to any such persons any information required by to perform the duties delegated to them.
Charges and Disputes:
You are responsible for paying all charges for or resulting from services provided under this agreement. Unless otherwise specified, all service plans are recurring and a charge will be imposed upon your credit card of record or to any bank account you may have provided for ACH payments and payment will automatically be collected at the end of each billing period. YOU MUST WITHIN 30 DAYS OF THE DATE OF THE BILL, NOTIFY US IN WRITING OF ANY DISPUTE YOU HAVE WITH RESPECT TO THE CHARGE, INCLUDING ANY SERVICE WE PROVIDED FOR WHICH YOU WERE BILLED, OR YOU WILL HAVE WAIVED YOUR RIGHT TO DISPUTE THE BILL OR SUCH SERVICES AND TO BRING, OR TO PARTICIPATE IN, ANY LEGAL ACTION RAISING ANY SUCH DISPUTE. Charges include, without limitation, recurring monthly or other periodic service, activation, and late payment charges; and applicable taxes and government fees, whether assessed directly upon you or upon MASTRACK. You agree to pay for services sent to and from your device. If your device is lost or stolen, you will be responsible for all charges incurred on your account until you report the theft or loss to us. After you report the theft or loss to us, you remain responsible for complying with your obligations under this agreement, including, but not limited to, payment of your monthly or other periodic service fee. You also remain responsible for paying your monthly or other periodic service fee if your service is suspended for nonpayment. MASTRACK may require payment by money order, cashier's check or a similarly secure form of payment at our discretion. We will charge you $50.00 or the highest amount allowed by law, whichever is less, for any check or other method of payment (including credit card charge backs) tendered by you and returned unpaid by a financial institution for any reason. A reactivation fee may apply to re-establish service on all accounts that have been disconnected for nonpayment. A deposit, in most instances between $50.00 and $750.00 (but sometimes up to $1000.00), may be required per line to establish service. Our services will only work with our GPS trackers or GPS trackers that have been modified by us - not all services are available with all GPS trackers or on all networks. Monthly service charges are not refunded or prorated if service is terminated or modified less than 5 days before your billing cycle ends. You agree to reimburse us the fees of any collection agency, which may be used on a percentage at a maximum of 33% of the debt, and all costs and expenses, including reasonable attorneys' fees, we incur in such collection efforts.
We Agree To First Contact Each Other With Any Disputes:
We each agree to first contact each other with any disputes and provide a written description of the problem, all relevant documents/information and the proposed resolution. We agree to contact each other as described in the Providing Notice to Each Other under the Agreement section below.
Providing Notice To Each Other Under The Agreement:
Except as the Agreement specifically provides otherwise, you must provide us notice by calling or writing us as instructed on your invoice. We will provide you notice through one or more of the following: in your bill, correspondence to your last known billing address, to any fax number, e-mail address, or any other phone number you've provided us, or by text message.
Instead Of Suing In Court, We Each Agree To Arbitrate Disputes:
We each agree to finally settle all disputes (as defined and subject to any specific exceptions below) only by arbitration. In arbitration, there's no judge or jury and review is limited. However, just as a court would, the arbitrator must honor the terms and limitations in the Agreement and can award the same damages and relief, including any attorney's fees authorized by law. The arbitrator's decision and award is final and binding, with some exceptions under the Federal Arbitration Act ("FAA"), and judgment on the award may be entered in any court with jurisdiction. We each also agree as follows:
(1) "Disputes" are any claims or controversies against each other related in any way to our Services or the Agreement, including, but not limited to, coverage, Devices, privacy, or advertising, even if it arises after Services have terminated - this includes claims you bring against our employees, agents, affiliates or other representatives, or that we bring against you.
(2) If either of us wants to arbitrate a dispute, we agree to send written notice to the other providing a description of the dispute, previous efforts to resolve the dispute, all supporting documents/information, and the proposed resolution. If we cannot resolve the dispute within forty-five (45) days of receipt of the notice to arbitrate, then we may submit the dispute to formal arbitration in the state of New York.
(3) The FAA applies to this Agreement and arbitration provision. We each agree the FAA's provisions, not state law, govern all questions of whether a dispute is subject to arbitration.
(4) Unless we each agree otherwise, the Arbitration will be conducted by a single neutral arbitrator and will take place in the state of New York. We will agree on the arbitrator, and if we cannot agree, then the arbitrator will be appointed by the court as provided by the FAA.
(5) The arbitration will be governed by the arbitration rules selected by the Arbitrator. The federal or state law that applies to the Agreement will also apply during the arbitration.
Service Limitations - Liability Limitations
1. WARRANTY DISCLAIMER. MOBILE ASSET SOLUTIONS AND ITS AFFILIATES AND CONTRACTORS MAKE NO WARRANTIES WHATSOEVER, DIRECTLY OR INDIRECTLY, EXPRESS OR IMPLIED, AS TO THE SUITABILITY, DURABILITY, FITNESS FOR USE, QUALITY, PERFORMANCE OR NON-INFRINGEMENT OF THE GPS TRACKING SERVICE OR EQUIPMENT OR WIRELESS SERVICE OR EQUIPMENT OR THEIR USE IN CONNECTION WITH EQUIPMENT PROVIDED BY MOBILE ASSET SOLUTIONS OR CUSTOMER PROVIDED EQUIPMENT OR OTHER PRODUCT OR SERVICE. WITH RESPECT TO MOBILE ASSET SOLUTIONS, CUSTOMER PURCHASES THE EQUIPMENT "AS IS." EQUIPMENT PURCHASED UNDER THIS AGREEMENT SHALL BE SUBJECT TO ANY WARRANTIES PROVIDED TO CUSTOMER BY THE EQUIPMENT MANUFACTURER. PRODUCTS AND SERVICES ARE NOT INTENDED FOR USE IN IN SAFETY-CRITICAL OR MILITARY APPLICATIONS (SUCH AS LIFE SUPPORT) WHERE A FAILURE OF THE PRODUCT WOULD REASONABLY BE EXPECTED TO CAUSE SEVERE PERSONAL INJURY OR DEATH.
2. LIMITATION OF SERVICE. Service may be interrupted, delayed or otherwise limited for a variety of reasons, including environmental conditions, unavailability of cellular network, system capacity, priority access by National Security and Emergency Preparedness personnel in the event of a disaster or emergency, coordination with other systems, equipment modifications and repairs, and problems with the facilities of interconnecting carriers.
We may, but do not have the obligation to transmit any information through the Service and may screen and delete information prior to delivery of that information to you.
There are gaps in service within the service areas shown on coverage maps, which, by their nature, are only approximations of actual coverage. WE DO NOT GUARANTEE YOU UNINTERRUPTED SERVICE OR COVERAGE. MOBILE ASSET SOLUTIONS MAKES NO WARRANTY, EXPRESS OR IMPLIED, OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, SUITABILITY, OR PERFORMANCE REGARDING ANY SERVICES OR GOODS, AND IN NO EVENT SHALL MOBILE ASSET SOLUTIONS BE LIABLE, WHETHER OR NOT DUE TO ITS OWN NEGLIGENCE, for any of the following:
This Agreement, the terms included in the rate plan describing your plan and services, in conjunction with the Service Commitment Agreement entered into, if any, and any documents expressly referred to herein or therein, make up the complete agreement between you and MASTRACK, and supersede any and all prior agreements and understandings relating to the subject matter of this Agreement. If any provision of this Agreement is found to be unenforceable by a court or agency of competent jurisdiction, the remaining provisions will remain in full force and effect. MASTRACK may assign this Agreement, but you may not assign this Agreement without our prior written consent. The law of the state of New York shall govern this Agreement except to the extent that such law is preempted by or inconsistent with applicable federal law. We reserve the right to contact you by any means regarding customer service related notifications, or other such information.
Rental Agreement Terms and Conditions GPS Rental
The following are the terms and conditions that apply to the rental of GPS equipment and accessories from Mobile Asset Solutions. Please read these terms and conditions carefully before placing your order with us. The terms "we" or "us" represents Mobile Asset Solutions; "you" or "your" refers to the GPS renter / customer.
(1) RENTAL Period:
The day you order the rental your credit card will be charged. The shipping process generally begins the same day that your order is received or on the morning of the next business day. Once the shipping process begins, orders may not be cancelled and the minimum ten (10) day rental period will apply.
The starting date of your rental period is the date the equipment is delivered to you or your post office. A minimum rental period of ten (10) days will be charged on all rentals. Any rentals not returned within ten (10) days of the starting date of the rental will be charged another ten (10) day rental period. Subsequently a ten (10) day rental charge will be imposed every ten (10) days until the tracker and all accessories and documents are returned.
The last day of the rental period is the date that you return the tracker along with any accessories and documents provided. For billing purposes, this is determined by the date that the return is received and post marked by the USPS at your post office. A minimum ten (10) day rental charge applies to all rentals. You are required to send the tracker back with proof of shipment. Hold on to your proof of shipment for your records and to show as proof in the event your package is not received. We will provide a FREE shipping label for this purpose. You will need to hold on to the box and return shipping label in order to return your rental.
When you are finished with your rental You must return the unit in the same proper working condition as received and all accessories and documents must be included. (Any missing equipment will be charged to your account at full retail price.) Safely pack the contents back into the box, including the original packing slip, seal the box, attach the return shipping label in the same box that we provided you when the unit was delivered to you, and drop it off at a local USPS post office.
(2) FEES and CHARGES:
You will be required to pay all fees associated with the GPS tracker rental, including daily rental charges as described during the "shopping cart checkout process" and any applicable sales tax. A minimum ten (10) day rental charge will apply to all rentals.
Recurring Charges: At the end of the tenth (10th) day, your account will be charged for another ten (10) day rental. At the end of each subsequent ten (10) day period your account will continue to be charged for another ten (10) day rental. When the tracker and appropriate accessories are returned to us, any rental charges after the date postmarked on your rental return will be credited to your account.
Completed Rental Transaction:
You agree to forfeit the right to dispute charges once the rental transaction is completed. Once the rental equipment has been shipped the rental transaction is considered completed and you will be required to pay for the full minimum ten (10) day rental fee.
Refused deliveries are considered to be a completed rental transaction. You, the renter, will be required to pay for the full minimum ten (10) day rental fee and you agree to forfeit the right to dispute the charges.
If the GPS tracker and or any included accessories is lost or stolen you are responsible for the full retail value of the item(s) not returned. If the GPS Tracker or accessories are damaged, you are responsible for any fees associated with the repair of the item(s) up to the full retail value of the item(s).
(3) SECURITY DEPOSIT:
There will be a pre-authorization security deposit charge to your credit card during your rental term. This authorization will show up as a charge on your account. The authorization charge is to cover Mobile Asset Solutions against loss, damages or theft to our GPS units and accessories. This security deposit may not cover your complete liability should the tracker or accessories be stolen, lost or damaged. Customer is responsible to inspect unit and accessories upon arrival, if items are missing or unit is defective customer must contact Mobile Asset Solutions immediately. If the unit is returned on time and in the same condition as it was received, including all accessories, the deposit is refunded. If the tracker and/or any accessories is lost, stolen or damaged then the appropriate fees will be charged to the authorized account. You are responsible for the GPS tracker and any accessories up to the full replacement value of the GPS tracker and any accessories.
(4) DISINFECTING UNITS:
All rental units will be thoroughly cleaned and disinfected prior to being shipped out for rental. Please do not attempt to clean the unit as some chemicals or moisture may damage the GPS rental unit.
Our GPS rental rate assumes normal wear and tear, which may occur with a rental use. However, scratches, cracks, dents or missing parts that are noticed upon return will result in charges against your security deposit and may result in further charges to your account.
You are 100% responsible for the rental GPS tracker and all accessories at all times between the time of delivery to you and return to our facility. We do not provide any insurance against loss or theft once the unit has been confirmed that it was delivered to your address.
Mobile Asset Solutions only uses USPS 2 - 3 day Priority Mail for shipping rental units to our customers. No deliveries will be made on Sundays. All shipping charges are clearly stated in the GPS rental shopping cart. Upon the completion of your rental, you may use the same box to pack and return the GPS unit and any accessories along with the original packing slip back to us.
After inspecting the rental GPS tracker for proper operation, and ensuring that you have included the GPS tracker and all accessories in the package, simply reseal the box, attach the shipping label that we provide, and drop off the unit at a USPS post office.
To best ensure that you have proof of return of equipment, it is essential that you obtain a receipt providing proof of drop off from the USPS facility for your records.
While we use USPS Priority Mail with 2 - 3 day delivery to ship out our rental units, we cannot control the weather or natural disasters. There is always a possibility of shipping delays with USPS from unexpected weather conditions, earthquakes, etc., for which neither USPS nor Mobile Asset Solutions can be held responsible.
(8) SALES/USE TAXES:
A GPS rental unit shipped to New York State addresses will be subject to state and local sales tax. Sales tax is clearly stated at the GPS rental shopping cart during checkout.
While we will provide you a GPS navigational system as described in our product descriptions, we do not guarantee or warrant the unit for any specific performance or purpose other than as it is described. If the GPS system malfunctions or otherwise fails to perform its described functions, our maximum liability to you is the initial ten (10) day rental value that you paid for the item.
(10) RESERVATION REQUIREMENTS:
Your order should be placed with enough advance notice to ensure availability and delivery. The minimum number of days required to place an order is 2 business days before date of need. It is recommended that you take into account that orders made after 12PM EST may not be shipped until the following business day. Weekends and Holidays are not considered business days.