|Customer Service Statement:
Should you have any questions about this order, please contact Global Tracking Group Customer Service at 800-774-9808 or email our Customer Service Department at firstname.lastname@example.org.
Delivery Method and Timing:
Terms and Conditions of Sale
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, internet outages and server maintenance. I accept Global Tracking Groups Service with these limitations. Global Tracking Group is not responsible for interruptions in service that are outside of the reasonable control of GTG or the Network Service Provider.
EARLY TERMINATION FEE.
If I terminate this agreement before expiration of my Service Commitment, I will pay Global Tracking Group an Early Termination Fee of $150 for each wireless telephone number associated with the term of my Service Commitment or the remainder of my Service Contract Agreement, whichever is LESS. The Early Termination Fee is not a penalty, but rather a charge to compensate us for your failure to satisfy the Service Commitment on which your rate plan is based and on which we continue to incur expense.
30 DAY CANCELLATION POLICY.
If I terminate this agreement within thirty (30) days of the Purchase Date the EARLY TERMINATION FEE will be waived.
After your 1 YEAR â€œService Commitment” expires, this agreement may automatically renew on a month-to-month basis until either party gives 30 day notice pursuant to the termination provision below.
CHARGES AND DISPUTES.
You are responsible for paying all charges for or resulting from services provided under this agreement. If you have not pre-paid for all of your services for the length of your contract, a charge may be imposed upon your credit card of record on a monthly basis. YOU MUST WITHIN 90 DAYS OF THE DATE OF THE BILL, NOTIFY US IN WRITING AT: Global Tracking Group, 9693 Gerwig Lane, Bay H, Columbia, Maryland 21046 (Global Tracking Group address), 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 service, activation, and late payment charges; and applicable taxes and government fees, whether assessed directly upon you or upon Global Tracking Group.
Except as provided below, monthly service and certain other charges are billed one month in advance and there is no proration of such charges if service is terminated on other than the last day of your billing cycle. You agree to pay for data services sent to and from your Equipment. If your device (“Equipment”) is lost or stolen, you will be responsible for all charges incurred on your device 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 service fee. You also remain responsible for paying your monthly service fee if your service is suspended for nonpayment.
Global Tracking group may require payment by money order, cashier’s check or a similarly secure form of any payment at our discretion. We will charge you $45.00 or the highest amount allowed by law, whichever is less, for any check or other instrument (including credit card charge backs) tendered by you and returned unpaid by a financial institution for any reason. 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. Travel outside of the US may create roaming fees which are billed quarterly to the credit card of record.
CHANGES TO TERMS AND RATES.
We may change any terms, conditions, rates, fees, expenses, or charges regarding your service at any time. We will provide you with notice of such changes. IF WE INCREASE THE PRICE OF ANY OF THE SERVICES TO WHICH YOU SUBSCRIBE, WE WILL DISCLOSE THE CHANGE AT LEAST ONE BILLING CYCLE IN ADVANCE (THROUGH A NOTICE TO YOUR BILLING ADDRESS OF RECORD) AND YOU MAY TERMINATE THIS AGGREEMENT WITHOUT PAYING AN EARLY TERMINATION FEE OR RETURNING OR PAYING FOR ANY ITEMS, PROVIDING YOUR NOTICE OF TERMINATION IS DELIVERED TO US WITHIN THIRTY DAYS AFTER THE NOTICE REFLECTING THE CHANGE.
You authorize us to provide information about and to make changes to your account, including adding new service, upon the direction of any person able to provide information we deem sufficient to identify you.
EQUIPMENT AND USE.
We may periodically program your Equipment remotely with system settings and other features that cannot be changed manually. Equipment purchased for use on our service may not function on other services. YOU AGREE TO COMPLY WITH ALL APPLICABLE FEDERAL, STATE, LOCAL, AND FOREIGN LAWS, RULES AND REGULATIONS REGARDING THE USE OF THE EQUIPMENT AND THE SERVICE PROVIDED BY GLOBAL TRACKING GROUP.
ADVANCE PAYMENTS AND/OR DEPOSITS.
We may require you to make deposits or advance payments for services, which we may offset against any unpaid balance on your account. Interest will not be paid on advance payments or deposits unless required by law. We may require additional advance payments or deposits if we determine that the initial payment was inadequate. Based on your credit worthiness as we determine it, we may establish a credit limit and restrict service or features. If your account balance goes beyond the limit we set for you, we may immediately interrupt or suspend service until your balance is brought below the limit.
Any charges you incur in excess of your limit become immediately due. If you have more than one account with us, you must keep all accounts in good standing to maintain service. If one account is past due or over its limit, all accounts in your name are subject to interruption or termination and all other available collection remedies.
LATE PAYMENT CHARGES.
Late payment charges are based on the state which is listed on the billing address. You agree that for amounts not paid by the due date, Global Tracking Group may charge, as part of its rates and charges, and you agree to pay, a late fee of $5.00 in CT, D.C., DE, IL, KS, MA, MD, MI, MO, NH, NJ, NY, PA, OK, OH, RI, VA, WI, WV; the late payment charge is 1.5% of the balance carried forward to the next bill in all other states.
Either party may terminate this agreement at any time after your Service Agreement Commitment ends with thirty (30) day notice to the other party. We may terminate this Agreement at any time without notice if we cease to provide service in your area. We may interrupt or terminate your service without notice for any conduct that we believe violates this Agreement or any term and conditions of your plan, or if your behave in an abusive, derogatory or similarly unreasonable manner with any of our representatives, or if we discover that you are under-age, or if you fail to make all required payments when due or if we have reasonable cause to believe your Equipment is being used for an unlawful purpose or in a way that may adversely affect our service, or if you provided inaccurate credit information or we believe your credit has deteriorated and you refuse to pay any requested advance payment of deposit.
SERVICE LIMITATIONS; LIMITATION OF LIABILITY.
Service may be interrupted, delayed or otherwise limited for a variety of reasons, including environmental conditions, unavailability of radio frequency channels, 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, refuse 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. GLOBAL TRACKING GROUP MAKES NO WARRANTY, EXPRESS OR IMPLIED, OF MERCHANABILITY OR FITNESS FOR A PARTICULAR PURPOSE, SUITABILITY, OR PERFORMANCE REGARDING ANY SERVICES OR GOODS, AND IN NO EVENT SHALL GLOBAL TRACKING GROUP BE LIABLE, WHETHER OR NOT DUE TO ITS OWN NEGLIGENCE, for any:
- act or omission of a third party;
- mistakes, omissions, interruptions, errors, failures to transmit, delays or defects in the service provided by or through us;
- damage or injury caused by the use of the Service or Equipment, including use in a vehicle;
- claim against you by third parties; or
- damage or injury caused by a suspension or termination of Service by Global Tracking Group.
Notwithstanding the forgoing, if your service is interrupted for 24 or more continuous hours by a cause within our control, we will issue you, upon request, a credit equal to a pro-rata adjustment of the monthly service fee for the time period your service was unavailable, not to exceed the monthly service fee. Our liability to you for service failures are limited solely to the credit set forth above. Global Tracking group will not be liable for any indirect, special, punitive, incidental or consequential losses or damages you or any third party may suffer by use of, or inability to use, Service or Equipment provided by or through Global Tracking Group, including loss of business or goodwill, revenue or profits, or claims of personal injuries.
To the full extent allowed by law, you hereby release, indemnify, and hold Global tracking group and its officers, directors, employees and agents harmless from and against any and all claims of any person or entity for damages of any nature arising in any way from or relating to, directly or indirectly, service provided by Global tracking group or any personâ€™s use thereof or of the Equipment, INCLUDING CLAIMSARISING IN WHOLE OR IN PART FROM THE ALLEGED NEGLIGENCE OF GLOBAL TRACKING GROUP, or any violation by you of this agreement. This obligation shall survive termination of your service with Global Tracking Group. Global Tracking group is not liable to you for changes in operation, equipment, or technology that cause you Equipment or software to be rendered obsolete or require modification. THIS AGREEMENT GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE.
This Agreement, the terms included in the rate plan describing your plan and services, and any documents expressly referred to herein or therein, make up the complete agreement between you and Global Tracking Group, 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. Global Tracking Group may assign this Agreement, but you may not assign this Agreement without our prior written consent. The law of the state of your billing address 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.