Section 1
Service Agreement:
Here On out, the "Customer Service Agreement" Will refer to The Account Holder and BerTrak. Each person will be identified throughout the contract as Agreement Holder: the Customer, and the Service Provider: BerTrak.
BerTrak will NOT BE RESPONSIBLE for ANY damages, collisions, mishaps, rider errors, server errors, to the GPS Tracker itself, the vehicle in itself to which the GPS Tracker is being installed. The Agreement Holder agrees to take full responsibility and will not hold BerTrak accountable due to server errors, updates, acts of God- See full agreement in Section 2.
The GPS Tracker and any device that is installed by BerTrak and is purchased by Agreement Holder will no longer be of ownership to BerTrak. Should the Agreement Holder at any time choose to render services, BerTrak will not be responsible for the removal of device, and the Agreement Holder hereby agrees, that in the event of a de-installation occurs they will be charged to their account a total of $150.00. This covers the cost of data collection, data storage and removal of such that will be provided by BerTrak. If at anytime the Agreement Holder would like to suspend services, they will not be charged, as long as a new date of service has been scheduled.
Payments and Delinquent Accounts
For users paying on a monthly basis - The Agreement Holder will be expected to pay the billing fees of service provided by BerTrak on the 8th of each month. A monthly invoice will be sent to Agreement Holder with billing information.
Payment will be made via auto-pay from the Agreement Holders account using the registered debit/credit card recorded by the secure online subscription service.
Upon full payment receipt, an invoice will be sent to capture and record payment made. As BerTrak operates on an online network, an email will be sent to Agreement Holder of their account at the end of each month, in preparation of payment on the 8th of the month.
If the Agreement Holder is unable to pay at the 8th of each month, that total will roll over to the next months invoice. After 30 days if a payment has not been made to the original amount due a late fee charge of $25 will be applied in addition to the monthly subscription price. After 60 day of delinquency a late fee charge of $75.00 will be applied to Agreement Holders account in addition to the monthly subscription price. After 90 days further action including up to legal action, as deemed necessary by BerTrak may occur.
For annual prepaid users - the Agreement Holder will be expected to pay the billing fees of service provided by BerTrak to renew the subscription. An invoice will be sent to the Agreement Holder with billing information after a 12 month period starting from the date of activation.
Payment will be made via auto-pay from the Agreement Holders account using the registered debit/credit card recorded by the secure online subscription service
Annual account holders may switch to the monthly plan if requested, after the initial 12 month period has ended. Changes are to be requested via email form the email address used to register the account. Failure to renew the annual subscription will merit automatic change over to the monthly plan and void any discounts included in the annual packages.
Account Closure
At BerTrak we believe in Murphy's law. "Anything that can go wrong will go wrong, and at the worst possible time."
That's why we keep your device online even if you miss a payment. Keeping your motorcycle safe for you in the event it gets taken from you.
Although the tracking is blocked on your end when the balance runs out, the line and tracker are still active so in the event of the worst we can help you locate your vehicle at your request. BerTrak still has to pay the network provider for the line activated for your tracker.
If you would like to cancel your membership at any time, please send a message from the email address you used to register your account in order to do so. Accounts will not be closed, canceled, or suspended until an email request is received.
Accounts For User Information
An account will be set up by BerTrak containing all relevant information in regard to Agreement Holder. BerTrak requests the following information of Agreement Holder: Full Name, Address, Email and Secure Payment Information.
All information collected by BerTrak is kept confidential and is strictly for office records. BerTrak understands its responsibility in respecting and preserving the Agreement Holders privacy.
Section 2
Liabilities:
You agree that our entire liability, and your exclusive remedy, with respect to any Services(s) provided under this Agreement and any breach of this Agreement is solely limited to the amount you paid for such Service(s). We and our contractors shall not be liable for any direct, indirect, incidental, special, or consequential damages resulting from the use or inability to use any of the Services or for the cost of procurement of substitute services.
We disclaim any and all loss or liability resulting from, but not limited to:
1.loss or liability resulting from access delays or access interruptions;
2.loss or liability resulting from data non-delivery or data mis-delivery;
3. loss or liability resulting from acts of God;
4. loss or liability resulting from the unauthorized use or misuse of your account identifier or password;
5. loss or liability resulting from errors, omissions, or misstatements in any and all information or services(s) provided under this Agreement.
6. loss or liability resulting from the interruption of your Service.
You agree that we will not be liable for any loss of registration and use of your vehicle or for interruption of business, or any indirect, special, incidental, or consequential damages of any kind (including property theft) regardless of the form of action whether in contract, tort (including negligence), or otherwise, even if we have been advised of the possibility of such damages.
BerTrak's services are provided on an as is, as available, basis without warranties of any kind, either express or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose or non-infringement. BerTrak expressly disclaims any representation or warranty that the BerTrak services will be error-free, secure, or uninterrupted.
No oral advice or written information given by BerTrak, its employees, licensors of the like, will create a warranty; nor may you rely on any such information or advice as if it were a warranty. The terms of this section will survive any termination of this Agreement.
BerTrak will use its best efforts to maintain a full time Internet presence for the Account Holder. The Account Holder hereby acknowledges that the network may, at various time intervals, be down due, but not restricted to, utility interruption, equipment failure, natural disaster, acts of God, or human error.
The terms of this Section will survive any termination of this Agreement.
Terms and Agreements
Customer agrees not to use the Services or Devices for any unlawful or abusive purpose or in any way that interferes with BerTrak or the Devices. Customer will comply with all laws while using the Services or Devices and will not transmit any communication that would violate any federal, state, or local law, court, or regulation. Resale of the Services or Devices is prohibited except by authorized Dealers. By using the Services and/or the Devices, Customer agrees to abide by the terms and conditions of any software license agreements applicable to any software associated with the Services or Devices.
Customers may not program or alter any of the Devices other than the normal programmable parameters of the Device. If any Device is stolen or Services used fraudulently, Customer must notify BerTrak immediately and provide BerTrak with such information and documentation as BerTrak may request (including, without limitation, police reports, and affidavits). BerTrak has the right to interrupt Services or restrict service to any Device, without notice to the Customer, if Customer is using the device in a fraudulent or unlawful manner.
BerTrak is responsible for the proper installation. BerTrak may amend the terms of this Agreement upon written notice to the Customer. If the Customer does not agree to the amendment, Customer may terminate this Agreement by providing written notice to BerTrak within fifteen (15) days of the date the notice was emailed by BerTrak. If Customer does not agree with the amendment but wants to continue Services, BerTrak will continue to provide Services for the term of the original Agreement provided Customer mails written notice to BerTrak within fifteen (15) days of the date the amendment was mailed by BerTrak. If Customer continues to use the Services more than fifteen (15) days after BerTrak emails notice of an amendment, the Customer will be deemed to have agreed to that amendment.
Customer agrees to defend, indemnify, and hold BerTrak and its affiliates harmless from claims or damages relating to (i) Customers breach of this Agreement or the Customers statements made in this Agreement and (ii) the use of the Devices or Services unless due to sole and/or gross negligence by BerTrak or its affiliates. Customer agrees to pay reasonable attorney’s fees and all applicable costs incurred by BerTrak in enforcing this Agreement. This paragraph shall survive the termination of this Agreement.
Except for actions arising in connection with Indemnification (above), neither BerTrak nor Agreement Holder may bring legal action with respect to this Agreement more than one year after the legal action accrues.
This is the entire Agreement between BerTrak and Agreement Holder supersedes any oral or written promises made to the Customer. This Agreement may only be amended as described herein. If the terms of this Agreement conflict with or are inconsistent with the terms of any purchase order or document provided by the Customer, the terms of this Agreement shall control. If any part of this Agreement is found unenforceable or invalid, the balance of this Agreement shall remain intact.
-This Agreement is subject to applicable federal laws and the laws of the Bermuda Law.
Services
BerTrak will provide Agreement Holder with access to BerTrak web platform, real time GPS Tracking services. The data collected by BerTrak will remain secure within BerTrak unless as otherwise requested by law enforcement. BerTrak holds the right to provide a service provider in order to provide data collection and storage.
NO REFUNDS/NO RETURNS.
I HEREBY AGREE AND ACKNOWLEDGE THE ABOVE CUSTOMER SERVICE AGREEMENT. I WILL PROVIDE ACCURATE INFORMATION TO BERTRAK TO ENSURE THAT I RECEIVE THE BEST SERVICE RELATED TO MY CUSTOMER NEEDS. BY ACCEPTING THESE TERMS I AGREE THAT BERTRAK RESERVES THE RIGHT TO UPDATE AND GATHER DATA COLLECTION TO BETTER MEET THE NEEDS OF THEIR AGREEMENT HOLDERS.