Track It Now Limited - Terms and Conditions

Business Description
Track It Now Ltd provide tracking devices and services for many different areas of use, these include: cars, vans, HGV trucks, people, personnel, boats, planes, helicopters, trailers and many more. The service is supplied with a monthly charge that allows access to the Track It Now ERA client to allow viewing of the devices movements. All monthly charges are taken by Direct Debit.

All contracts for the sale of products or services made by Track It Now Ltd are deemed to include these Terms and Conditions of Sale (the Terms), which shall prevail over any other document or communication between the parties unless otherwise agreed in writing. For the purposes of this document the term Product shall include vehicle tracking systems and terminals, antennae, cables and any ancillary equipment and accessories, the term Services shall include delivery, installation, repair and replacement of Products and the provision of data, reports and other information by any medium, the term SIM Card shall mean any subscriber identity module used in any of the Products, and the term Customer shall mean any company, partnership, association or individual entering into a contract for the purchase of Products or Services from Track It Now Ltd, If any part of the Terms should be found to be invalid or unenforceable by a court or other competent authority, then the rest shall not be affected. Each of the parties agrees that these Terms represent the entire agreement between them. Any notice to be given in respect of these Terms by either of the parties shall be in writing, and delivered to the registered office or principal place of business of the other.

VAT
The prices contained herein do not include Value Added Tax and to the extent that the supply of Goods or services by the Company in pursuance of this Quotation/Contract is chargeable with Value Added Tax to the gross amount of such Tax shall be added to the price at the rate applicable at the date of despatch.

Delivery and Installation
All products purchased from Track It Now Ltd shall be delivered within 7 working days from the date of payment. All products are shipped by traceable means via the UPS delivery network. Track It Now Ltd shall use its reasonable endeavours to ensure your products arrive within the expected time scales. Time shall not be of the essence, and Track It Now Ltd shall not be liable for any loss or damage resulting from late delivery or from its failure to respect an appointment for installation. If the Customer delays the installation of any Products beyond 30 days from the date of the first Product installation for that order, Track It Now Ltd shall be entitled to deliver the remaining Products to the Customer’s delivery address and the order shall be deemed to be complete. In the event that installation is carried out by the Customer or a person appointed by the Customer, Track It Now Ltd shall not be liable for any loss or damage whatsoever, arising directly or indirectly, as a result of any negligence or failure to follow Track It Now Ltd’s written instructions in installing the Products.

Delivery
All goods will normally be despatched between 5-7 days from receipt of order and payment received in full.

Installation
For installation of your Motion/Advance/Asset tracker product, a voucher will be enclosed for the customer to contact Trackitnow to arrange the installation of their tracker

Cancellation of an Order
If you wish to cancel your order with Track It Now Ltd then this must be done in writing to: Track It Now Ltd, First Floor, Eskdaill House, Eskdaill Street, Kettering, Northamptonshire. NN16 8RA. or via email to: support@trackitnow.co.uk. Any cancellation of an order can only be accepted within 14 days of the order date. If the Goods have been shipped, then you must request an RMA form from Track It Now Ltd, and then they must be returned to the address above in full working order complete with the original packaging within 14 days from date of order.

Refund Policy
Track It Now Ltd will issue a full refund for the price of the goods once the goods have been returned, complete with the original packaging and tested by a member of the Track It Now Ltd support staff. Track It Now Ltd will not refund the carriages charges, and will not pay for the return carriage charges. Track It Now Ltd reserve the right to charge a 20% restocking fee on all orders.

Return of Goods
All goods must be Returned to Track It Now Ltd, First Floor, Eskdaill House, Eskdaill Street, Kettering, Northamptonshire. NN16 8RA. All goods must be shipped by a traceable means of postage. You must contact Track It Now Ltd by phone or email to request an RMA number and form. The RMA number must be displayed clearly on the outside of the box and the RMA form must be enclosed with the returning goods.

Title and Risk
Title in the Products passes to the Customer upon full payment and until then the Customer must insure and store the Products separately and maintain them in good order. Title in the SIM Card shall remain vested in Track It Now Ltd, or its provider of SIM Cards, in all circumstances Risk in the Products passes to the Customer upon their delivery to the Customer’s designated delivery address, regardless of whether installation has been completed or not.

Warranties
Track It Now Ltd guarantees to the Customer that the Products will be free from defects for a period of 12 months from delivery unless otherwise stated on the order confirmation. All Track It Now In House Finance solutions (rental) are supplied with a lifetime parts & labour warranty. Should the Products be defective within this period, Track It Now Ltd will repair or replace them within a reasonable time using components or replacements that are new, or equivalent to new. Track It Now Ltd does not warrant that the Products are fit for any particular purpose, nor that that the Services will be without disruption, nor that any reports, data or information provided as part of the Services will be free from errors, omissions, inaccuracies or nonconformities, and Track It Now Ltd shall have no liability or obligation to the Customer in this respect except as provided hereunder. Track It Now Ltd makes no warranty for the security or integrity of any connection or transmission used in the provision of the Services. Track It Now Ltd shall not be liable for and provides no warranty for any damage caused by the Customer or his representative or any unauthorised 3^rd party through incorrect installation, use, modification or repair of the Products, or for any accidental or other damage to the Products caused by any party or external force. Track It Now Ltd shall not be liable for failure to provide the services to you because of any factor outside our control, including but not restricted to failure by 3^rd parties, i.e. internet providers, GPRS and GPS services, etc

Payment Terms
Cash with Order or by agreement with Track It Now Ltd on a strict nett 30 days account may be opened. All monthly charges are invoiced on the 1st of each month and taken by Direct Debit on or around the 14th of each month.

Privacy Policy
When you sign up to the Track It Now service you must provide the following information: company name (if applicable), name, address, phone number, email address, and bank account information. The bank information is required for us to charge the monthly charges to you and collect payments by Direct Debit. Once you have signed up for the Track It Now Service you will receive the following emails so that you can confirm all the information is correct, and this will provide you with your username, password and unique client code to access the Trackitnow ERA client.

• Welcome Letter
• Confirmation of Direct Debit & Direct Debit Guarantee
• Trackitnow ERA client download & login information
• ERA Client Quick Start Guide

Internal Uses
Track It Now Ltd uses the information provided to allow you to connect to the Trackitnow ERA client software which allows you to view your vehicles movements on the map and look at historical movements as well. The bank account information is used so that we can collect the monthly charges by Direct Debit on the 14th of each month. Track It Now Ltd collect, store and process your personal information on our servers hosted at a highly secure private data centre located in the UK. Track It Now Ltd do not store any Credit or Debit card information. You agree that we may use your personal information for:
• providing the services and customer support you request
• collecting monthly fees for the services
• delivering service updates


With whom do we share your Information
Track It Now Ltd only share your bank account details with Rapidata PLC. Rapidata PLC are our Direct Debit Management firm and the information is shared to allow your monthly payments to be processed by Direct Debit. Track It Now Ltd may use CreditSafe to check the customers credit worthiness, and carry out checks for the prevention and detection of fraud.

We do not share any other personal information with any other parties.

Communications from Track It Now Ltd
Track It Now Ltd will communicate with its customers on a regular basis via email to advise on updates to the Track It Now Service & ERA Client. We may also communicate by phone to resolve any support issues that have arisen. We will use your email address to physically confirm the opening of your services with Track It Now Ltd and all invoices will be emailed to your email address. We will send you notifications of any service work or confirmations of new devices to your email address. Track It Now Ltd will use this means to update you about any important changes to our products or services. Generally, users cannot opt out of these communications but they will be primarily of an informational nature.

Information Security
Track It Now Ltd is committed to handling your information with the highest standards of information security. We use computer safeguards such as data encryption and firewalls to protect your personal information. We authorise access to personal information only for those employees that require it for their job responsibilities.
The security of your Track It Now service relies on your protection of your ERA Client username, password & client code. You may not share your password with anyone and Track It Now representatives will not ask for your password. Any email or other communication requesting your password should be treated as unauthorised and reported to Track It Now. Your password for the Track It Now ERA client can never be supplied to you by any Track It Now representative.
All incoming phone calls are qualified with the caller before any information is given out and your password is never requested as proof of identity.

Accessing and Changing Your Information
You can review your personal login information for the Track It Now ERA client at any time and can change your password at any time. To change your password; open the Track It Now ERA client and login, then click on the Features Icon, then click on the Users tab, then choose your username from the list and click Password. The system will ask for your existing password and then your new one twice.
To change your address or bank details please contact Track It Now on 0845 4670846 and they will qualify that they are talking to the account holder and carry out the changes required.

Limitations of Use
Track It Now products are sold as a tool to aid time and financial accountability. Track It Now products are not sold as anti-theft devices.

GeoFencing
This can be set-up at the customer’s request. We operate this service on a fair usage policy on SMS based reporting. If you decide to have this service installed we will monitor the usage and retain the option to charge the customer if the service is abused.

SIM Card
The Customer shall not remove, or permit or allow others to remove, any SIM Card from any of the Products. The Customer is responsible for the loss or theft and any consequent (including fraudulent or improper) usage of the SIM Cards. In the event that Track It Now Ltd has reasonable grounds to believe that the Customer may be in breach of the provisions of this clause, Track It Now Ltd may, at its sole discretion, discontinue the provision of Services to the Customer on any one or all of the Products supplied to the Customer. Any SIM card we supply to you remains the property of Track It Now Ltd, but it is your responsibility to keep it safe. SIM cards should not be removed from the equipment as it will void the warranty. We will replace any SIM card found to be defective through faulty design or workmanship. In any other circumstances however we may charge for replacing it. We reserve the right to recall any SIM card from you at any time to enhance or maintain the quality of the services.

You must inform us immediately if the SIM card supplied in the equipment is lost, stolen or damaged. You will remain liable for all charges incurred until you do so. We will send you a replacement SIM card as soon as reasonably practicable, but we reserve the right to charge you for doing so

Roaming Services
Roaming relies on the telecommunications systems of foreign networks, over which we have no control. We therefore cannot offer any guarantees about roaming services. International roaming is de-activated by default and a request must be made in writing to activate international roaming. All roaming costs incurred whilst abroad will be charged back to the customer .

Intellectual Property Rights
Track It Now Ltd retains all Track It Now Ltd-owned Intellectual Property in the Products and Services. Copyright and all other intellectual property rights subsisting in the database accessible via the Services and each and every piece of information provided through the Services ‘the Information’ is owned by Track It Now Ltd or the providers of such information. The Customer may use Information retrieved from the Services only for his own purposes which means that the Customer may not sell, resell, retransmit or otherwise make the Information retrieved from the Services available in any manner or on any medium to any third party unless the Customer has obtained Track It Now Ltd’s prior written consent.

Confidentiality
Both Track It Now Ltd and the Customer must treat all information received from the other marked ‘Confidential’, or which is reasonably obvious to be confidential, as it would treat its own confidential information. Information that is to be considered confidential may include, but not be limited to: business plans, lists of customers, operational and technical data and product plans. The provisions of this clause shall survive the termination of any contract between The Customer and Track It Now Ltd by three years.

Cancellation
Orders placed cannot be cancelled except with the Company’s consent and on terms which will indemnify the Company against loss. Goods returned without the Company’s consent will not be accepted for credit.

Liability
Without prejudice to any other provision of these Terms, in any event Track It Now Ltd’s total liability for any one claim or for the total of all claims arising from one act of default on Track It Now Ltd’s part (whether in tort, contract, negligence or otherwise) shall not exceed the total purchase price paid by the customer for the Products or Services in respect of which a claim is made. In the case of any claim made against Track It Now Ltd for disruption to the Services or any errors in the Information provided, Track It Now Ltd’s liability shall not exceed the total price paid by the Customer for the Services for the duration of any such disruption or errors and only in respect of those Products for which the Services were affected.

Track It Now Ltd shall not be liable to the Customer for any economic (including, without limitation, loss of revenues, profits, contracts, business or anticipated savings), special, indirect or consequential losses.

Information Technology Installation
Installation of software onto customer’s computers is done with the understanding that Track It Now Ltd takes no responsibility for any problems either software or hardware that may occur whilst doing so and it is also the customer’s responsibility to ensure their data on these computers are backed up before any installation of software by Track It Now Ltd.

Inspection
Independent testing and inspection, if specified by the Purchaser or its agent, shall be at the Company’s works or those works of a supplier or sub-contractor. All fees incurred in connection with such testing and inspection will be payable by the customer.

Contracts (Rights of Third Parties) Act 1999
A person who is not a party to this contract has no right under the Contracts(Rights of Third Parties) Act 1999 to enforce any term of this Agreement but this does not affect any right or remedy of a third party which exists or is available apart from that Act.

Force Majeure
Track It Now Ltd shall not be liable to the Customer for non-performance or delay in performance of any of its obligations under these Terms or loss or damage of any Products due to acts of God, war, riot, civil commotion, embargo, strikes, fire, theft, delay in delivery or services of sub-contractors or sub-suppliers, shortage of labour or materials, confiscation or any other unforeseen event (whether or not similar in nature to those specified) outside the reasonable control of Track It Now Ltd.

Termination
Track It Now Ltd may terminate any contract with the Customer if he commits a material or persistent breach of these Terms and fails to remedy this within 30 days of written notice, or with immediate effect if the Customer does any act that might jeopardise the continuance of the Services.

Assignment
The Customer may not assign his rights or obligations, in whole or in part, to any third party without Track It Now Ltd’s written approval.

Contact Information
Track It Now Ltd, First Floor, Eskdaill House, Eskdaill Street, Kettering, Northamptonshire. NN16 8RA. Tel: 0845 4670846 Fax: 0845 8678801 Email: support@trackitnow.co.uk Opening Hours: 9am to 5pm Monday to Friday

Governing Law and Jurisdiction
This Agreement and these Terms shall be construed in accordance with English law, and shall be subject to the exclusive jurisdiction of the courts of England and Wales.