Terms & Conditions
By accepting this agreement, you are bound by its terms and conditions. This agreement covers important topics such as contract length, fees for early termination and late payments, our right to change our terms and conditions at any time, and the services we provide. Upon accepting this agreement you acknowledge that it will apply to all services and supersedes previous terms and conditions. For the purposes of this agreement, Globe Track Wireless, Inc, may be referred to as GTW or “we”. You may be referred to as “you” or “subscriber” or “customer”.
Any of the following actions affirm acceptance of this agreement: (A) Providing us with your written signature on the Customer Service Agreement; (B) Indicating orally that you accept these terms and conditions; (C) Activating your account though the internet or any other means, electronic or otherwise; (D) Opening any GlobeTrack Wireless device packaging; (E) Use of any GlobeTrack Wireless device.
CUSTOMER’S SERVICE PLAN:
Your service plan identified on the previous page becomes part of this agreement. Your Service Plan includes your monthly service allowances and features, the coverage areas in which those allowances and features may be used, and the recurring access associated with those allowances and features, all as described in promotional and sales materials for this product. To the extent any condition in your Plan expressly conflicts with this agreement, the conditions in your Plan will be the governing terms. If at any time you change your service, you may be subject to a new minimum term or reactivation fees, or any other requirements we set for that change.
REAL-TIME:
For the purposes of this agreement the term “Real-Time” means a location incident request to a web based server. The request refers to a time period and is 15 to 90 seconds approximately.
CUSTOMER’S RIGHT TO CHANGE OR TERMINATE SERVICE:
Except as explicitly permitted by this agreement, you must maintain service with us for your minimum term. Periods of suspension of service do not count towards fulfillment of your minimum term. An early termination fee will apply if you choose to end your service before the end of your agreement, or if we terminate your service early for good cause. The early termination fee is $175 per plan. The early termination fee applies only to the extent permitted by law. If you buy your service from an authorized agent or third-party vendor, those agents or venders may charge a separate termination fee. All terminations by you during a monthly billing cycle become effective on the last day of that billing cycle. Upon termination, you remain responsible for all fees and charges incurred until your termination takes effect. Your account will not be entitled to any partial-month credits or refunds.
GLOBETRACK WIRELESS’ RIGHT TO MAKE CHANGES TO THIS AGREEMENT:
Your service is subject to our business policies, practices and procedures, which we can change without notice at any time. Unless otherwise prohibited by law, we can also change prices and any other conditions in this agreement at any time by sending you written notice prior to the billing period in which the changes would go into effect. If you choose to continue use of the service after that point, you confirm your acceptance of changes to this agreement. If the changes prove to have a material adverse affect on your service, you can end the effected service without any early termination fee by contacting us within 60 days after we send notice of the change.
CHARGES AND FEES SET BY GLOBETRACK WIRELESS:
You agree to pay all access, usage and other charges and fees agreed upon in your customer service agreement even if you were not the user of your device and its use was unauthorized. These include Federal Universal Service, Regulatory and Administrative Charges, and may also include other charges related to our governmental costs. These charges are set by GlobeTrack Wireless and are not taxes, nor are the charges required by law. These charges are kept by GlobeTrack Wireless, in whole or in part, and the amounts and inclusions are subject to change. Other fees and charges may apply for activation or reconnection of suspended service.
TAXES, FEES AND SURCHARGES NOT SET BY GLOBETRACK WIRELESS:
The customer agrees to pay all taxes, fees and surcharges set by any applicable governmental authority. We are not required to give advance notice of changes to these items. If a tax-exempt status applies to the customer’s account, the customer must provide proof through exemption certificates and pay for any and all applications and filings made on their behalf.
BILLING
Your bill is our notice to you of your fees, charges and other important information. You should read all information included with your bill. We bill access fees and some other charges in advance. We will send you a summary of your bill. Your detailed bill can be viewed online. We may charge a fee for bill reprints. If you choose Internet billing (where available), you waive any right to paper bills or notices.
PAYMENTS:
Payment is due in full as stated on your bill. If we do not receive payment in full when due, we may, to the extent permitted by the law of the state of the billing address we have on file for you, charge you a late fee of $5 each month on unpaid balances. We may also charge you for any collection agency fees that we incur as a result of attempting to collect a balance due, as permitted by law. We may charge you up to $25 for any returned checks, as permitted by law. Acceptable methods of payment are: (A) Automated Clearing House Debit; (B) Credit card charge. Title/ownership of the device does not convey/transfer to you until your final monitoring payment has been received by GlobeTrack Wireless.
GLOBETRACK WIRELESS’ RIGHTS TO LIMIT OR END SERVICE AND THIS AGREEMENT:
You agree not to resell our service to anyone without our expressed prior written permission. You also agree not to use your device for any purpose other than those specified in GlobeTrack Wireless’ company literature or for any purpose which violates applicable law, including the “Patriot Act” of the United States of America. You agree not to install, deploy or use any regeneration equipment or similar mechanisms to originate, amplify, enhance, retransmit or regenerate a transmitted signal. We can, without notice, limit, suspend or terminate your service or any agreement with you for these or any other good causes, including, but not limited to: (A) Breaching this agreement; (B) Making a late payment more than once in any 12 consecutive months; (C) Incurring charges larger than your billing limit; (D) Providing unverifiable credit information; (E) Becoming insolvent or entering bankruptcy petition; (F) Providing misleading or false information; (G) Allowing anyone to tamper with your device. We also reserve the right to, without notice, limit, suspend or terminate your service or any agreement with you If you or any user of your device or any authorized or unauthorized contact on your account: (A) Threatens or commits violence against our representatives; (B) Uses vulgar and/or inappropriate language toward our representatives; (C) Attempts to defraud GlobeTrack Wireless; (D) Harasses our representatives; (E) Attempts to interfere with our operations; (F) "Spams," or engages in other abusive messaging or calling; (G) Modifies the device from its manufacturer’s specifications; or (H) Uses the service in a way that adversely affects our network or other customers. We can also temporarily limit your service for any operational or governmental reason. If you file for bankruptcy, our rights to limit, suspend, and/or end your service or any agreement with you will be governed by bankruptcy law.
WAIVERS AND LIMITATIONS OF LIABILITY:
Unless forbidden by the law, both parties agree to limit claims for damages or other monetary relief against each other to direct damages. Limitation and waiver will apply regardless of the theory of liability, whether fraud, misrepresentation, breach of contract, personal injury, products liability, or any other theory. This means that neither of us will seek any indirect, special, consequential, treble, or punitive damages from the other. This limitation and Waiver also applies to any claims you may bring against one of our suppliers, to the extent that we would be required to indemnify the supplier for such claim. You agree that we aren’t liable for problems caused by you or a third party; by buildings, hills, network congestion, tunnels, weather or other things we don’t control; or by any act of God. If any lawsuit is brought by either party to this Agreement, the exclusive jurisdiction for that lawsuit is in courts of the State of Texas, and venue for that suit is in any court of competent jurisdiction in the Travis County, Texas. You, by your signature on this Agreement, waive any right to assert a claim against GTW in any court in any other State of the United States, other than Texas, and to assert that venue is in any court other than in Travis County, Texas.
ABOUT YOU:
You represent that you are at least 18 years old and have the legal capacity to accept this agreement. If you are ordering for an organization, you are representing that you are authorized to bind it, and where the context requires, "you" means the organization.
ABOUT THIS AGREEMENT:
A waiver of any part of this agreement in one instance is not a waiver of any other instance. You cannot assign this agreement or any of your rights or duties under it. We may assign all or part of this agreement or your debts to us without notice, and you agree to make all subsequent payments as instructed. Notices sent by us are considered delivered when we send them by email or fax, or to any email or fax you have provided to us, or three days after mailing to the most current billing address we have on file for you or the address on your most recent bill. Notices sent by you are considered delivered when received by the Customer Service Department whose address you will find on your most recent bill. If any part of this agreement, including any part of its arbitration provisions, is held invalid, that part may be severed from this agreement. This agreement and the documents to which it refers form the entire agreement between us on their subjects. You cannot rely on any other documents or statements on those subjects by any sales or service representatives, and you have no other rights with respect to service or this agreement, except as specifically provided by law. This agreement is not for the benefit of any third party except our parents, affiliates, subsidiaries, agents, and predecessors and successors in interest. Except to the extent we have agreed otherwise in the provisions on late fees, collection costs and arbitration, or as required by Federal law, this agreement and disputes covered by it are governed by the laws of the state encompassing the zip code of the billing address you provided when you accepted this agreement, without regard to the conflicts of laws or rules of that state.
Revised April 2010
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