TERMS AND CONDITIONS

FOR VEHICLE TRACKER

 

  1. Installation of devices will be made within 45 days upon signing of the proposal, except in case of force majeure, instances beyond control of Service Provided that prevents it from performing its obligation to install.
  2. Client’s commitment is ____ M2M subscriptions.
  3. All M2M devices availed are leased by Globe to the Client for the duration of the agreed subscription period.
  4. It is understood that Globe relies on Client’s committed number of M2M subscriptions requirement. In case that the committed number of M2M subscriptions will not be fulfilled by the Client within the agreed period, billing for the remaining uninstalled devices will commence after 45 days from signing of the proposal.
  5. Schedule of delivery/deployment must be agreed with client and activation of SIMs/plans will be done based on the agreed schedule.
  6. Client is required to have an authorized electrician/representative present during installation day to check all connections and voltage before, during and after installation to document testing and acceptance of the service. For vehicles covered by a warranty within a warranty period, it is preferred that testing and acceptance be performed in the presence of vehicle distributor’s authorized representative. Globe will not be responsible for any damage claimed to be caused by the FMS device installation.
  7. On the agreed delivery/deployment schedule, Client will ensure that the vehicles due for installation/ for servicing are available. Globe Technicians will shall allow a two-hour waiting period prior to declaring the Client’s vehicles as “No Show”.
  8. If the Client is unable to adhere to the confirmed installation schedule and location resulting to Globe’s failure to complete the installation services, Client will nevertheless be charged for the full amount of the corresponding one-time fees
  9. Pre-termination penalty is equivalent to the total Monthly Service Fee (MSF) for the remaining balance of the term or Php10,000, whichever is higher.
  10. Warranty of the device is covered for the entire duration of the Minimum Subscription Period (MSP). Upon expiration of the warranty period [Minimum Subscription Period (MSP)], service fee shall be applied.
  11. Any unauthorized tampering and modification of the device and its other components shall automatically void the warranty.
    1. Tampering and unauthorized rewiring (examples but not limited to: tamper on alert, opening of device box, rewiring of main power, unauthorized pullout and relocation of device, GPS/GSM antenna alerts)
    2. Disconnection/Removal/Cutting of GPS/GSM main power (examples, but not limited to: rewiring of main power, unauthorized wiring/relocation of device)
    3. Disconnection/Removal/Cutting of GPS/GSM antenna and sensors (examples, but not limited to: GPS/GSM antenna/sensor cut, painting of antenna/sensors, unauthorized removal/relocation of antenna/sensors, water damage, sea water/rust damage)
    4. Own Damage and damage caused by third party contractors, flooding, animals/insects, grounded units, hijacking, collision, force majeure, acts of God and such other circumstances beyond the control of Globe.
  12. For any request such as pull-out of the device and re-installation to another vehicle, a corresponding One-Time Charge applies depending on the location.
  13. Any customization request is subject for technical, commercial assessment and corresponding fees.
  14. For Managed Service (under a separate fee), a standard protocol will be provided to the Client and subject for discussion and agreement between Globe and Client.
  15. Globe will cover six (6) months data retention from creation of data and within the contract term. Latest six months data will be retained for 1 month after expiration or termination of contract. If data retention will be requested after contract has expired but within the retention period, Client shall pay the applicable charges.
  16. Indemnity and Limits of Liability
    Each party shall hold the other free and harmless from and indemnify the aggrieved or non-defaulting party for any claims, suits, loss, expense, cost or damage directly arising from such defaulting party's fault, negligence, or breach of material obligation including but not limited to failure to procure sufficient insurance coverage for injury to person or damage to property or failure to disclose the nature of this Agreement to the insurance provider rendering disallowance of insurance compensation, whether the claims, suits, loss, expense, cost or damage be based on contract, under statute or tort/quasi-delict, and whether the same were incurred or suffered by the party itself or arose from a claim commenced against such party by a third person. The non-defaulting party shall notify the defaulting party of the occurrence of any breach, fault, or negligence by the latter, and shall inform the latter of its demand for the reimbursement by the latter for any claim, suit, loss, expense, cost or damage arising out of or in connection with such breach, fault or negligence. In the event that Globe is liable under this Agreement, Globe’s liability shall only be to the extent of direct damages not to exceed the amount paid by the Client. Globe shall not be liable for any loss, damage, costs, or expenses, including loss of profits, business or anticipated savings, or any other indirect or consequential, punitive, special, incidental damages suffered or incurred by Client, its agents, employees, or sub-contractors, which may arise (whether in contract, tort, under statute or otherwise) by reason of or in connection with this Agreement.
  17. Miscellaneous Provisions:
    1. Interpretation of the Contract
      If any provision of this Contract or its application to any party or circumstance is restricted, prohibited or unenforceable, such provision shall be ineffective without invalidating the remaining provisions of this Contract and without affecting the validity or enforceability of such provisions. Where possible, any such provision shall apply to the fullest extent permitted by law and be interpreted and applied to a lesser extent, where necessary to be valid.
    2. Assignment
      Neither party shall assign, transfer or otherwise dispose our rights and obligations under this contract, in whole or in part, at any time without consent of the other.
    3. No Third Party Beneficiaries
      This contract is solely for your and our benefit. It is not for the benefit of any other person, except for permitted successors and assigns.
    4. Claims
      Claims must be filed within the period of time required by law.
    5. Notices and Communication
      Notification to Client shall be made to the address and or contact details as indicated herein by Client
    6. Governing Law
      Philippine Law governs the interpretation of this contract and applies to claims for breach of it. All other claims, including claims regarding breach of contract, breach of warranty, consumer protection laws, will be subject to Philippine laws. Any dispute arising out of or in connection with this contract, including any question regarding its existence, validity, or termination, will be subject to exhaustion of good faith negotiations, dispute resolution and escalation between parties and subject to final resolution as judicially determined.

 

 

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