General Terms & Conditions

Terms of Service for Month-to-Month Customers of

Manning Navcomp, Inc./DBA Rastrac Net, Inc.

This Terms of Service document serves as an agreement between Rastrac and all customers choosing a Month-to-Month term for Automatic Vehicle Location (AVL) services. All orders must be in writing (letter, email, fax).

Customer agrees to pay the full amount of any invoice submitted to Customer under this Agreement (including all applicable taxes, tariffs, duties or impositions of a similar nature imposed by any government or other authority), upon delivery of Services. Such payment will be made by the due date for payment as specified in the invoice, without set off or deduction. Usage records and those of any third party who may assist Rastrac to provide the Service shall be final and binding on Customer (excluding manifest error). Charges payable in advance are non-refundable.

Payment is due on the date specified in the invoice. If payment is not made by the due date, Rastrac may charge interest daily on all sums outstanding at the rate of 1.5% per month from the due date of payment to the date when full payment is received by Rastrac, and charge Customer a collection agent fee and handling fee.

If any Charges stated in any invoice are not queried within 14 days of the date of the invoice, then such Charges shall be deemed accepted by Customer.

Where Customer has registered more than one account in the Customer’s name with Rastrac for the AVL Service and other services, Rastrac shall have the right to transfer any credit balance of charges Customer has paid under any one of the accounts to settle the outstanding charges in another account.

Rastrac may demand a deposit from Customer to secure payment of any sums due to Rastrac and the observance and performance by Customer of the terms and conditions of this Terms of Service. No interest shall accrue on any such deposit. Any deposit remaining following this Agreement's termination shall be returned to Customer after deducting any sums due to Rastrac.

If Rastrac invoices Customer in respect of any materials or service as agent for a third-party content or service provider, Rastrac is not the supplier of or responsible for such content or service.

Equipment & Installation

All Rastrac equipment must be purchased when utilizing month-to-month Terms of Service.

A one-time installation of the AVL units may be provided by Rastrac and/or its installer network for an installation fee, or customer may arrange to complete their own installations and take full responsibility for any issues caused by the self-installation. Customer agrees that additional installations are independent of the contract and billable to Customer on a case-by-case basis.

AVL Service

The Customer understands that non-military GPS has a published accuracy of +/-100 meters. This accuracy may be better during periods in which selective Availability Error is deactivated. Customer agrees not to hold Rastrac responsible for any GPS or mapping error.

Rastrac agrees to make a reasonable effort to ensure that its vehicle-tracking server is always online, with a generally achieved target network availability exceeding 99.9%. RASTRAC DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR THAT INFORMATION PROVIDED WILL BE ERROR FREE. Customer agrees not to hold Rastrac responsible for any failure of the Rastrac server due to (but not limited to) power outages, equipment failure, acts of war, or acts of God. Customer understands that maintenance on the system may be necessary and that such maintenance may interrupt Customer’s service.

Customer agrees that Rastrac has the right to monitor the Service electronically from time to time and to disclose any information as necessary to satisfy any law, regulation or other governmental request, to operate the Service properly, or to protect itself or its subscribers. Customer agrees not to hold Rastrac responsible for any loss of business, or any damages caused by any failure of the Rastrac server, the customer’s Rastrac software, or any AVL equipment (or component thereof).

RASTRAC MAKES NO WARRANTY WHETHER EXPRESSED OR IMPLIED THAT THE SERVICE WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICE WILL BE UNINTERRUPTED, RELIABLE, TIMELY, SECURE, COMPLETE, VIRUS FREE, OR ERROR FREE; NOR DOES RASTRAC MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE OR AS TO THE ACCURACY OR RELIABILITY OF ANY MATERIAL OR INFORMATION OBTAINED THROUGH THE SERVICE OR THAT DEFECTS IN ANY SOFTWARE COMPONENT WILL BE CORRECTED.

Late or Non-Payment

Customer agrees that non-payment of any funds due Rastrac is cause for Rastrac to discontinue customer’s tracking services until such balance is paid in full (including late and reactivation fees). Customer agrees that hardware warranty issues are not cause for nonpayment of any balance owed to Rastrac. Should any hardware failure occur, Rastrac may, at its sole discretion, credit the customer’s account for any days that the particular unit was out of service. Any account that is late for more than 3 days past the due date will incur a $25.00 late fee. Any account that is more than 7 days late will result in the customer’s service being suspended. Reconnection fees are as follows: $5.00 per-vehicle if balance is paid within 30 days of due date. $25.00 per-vehicle if payment is greater than 30 days past due. A $25.00 charge will be added to any returned check. Customer agrees to pay 1.5% per month on any unpaid balance. Customer agrees to pay all collection/attorneys fees associated with collecting any unpaid balance.

Termination

These Terms of Service take effect on the date of installation. Customer may change their term of service to a one-, two-, or three-year terms at no additional charge.

Customer may terminate this agreement at any time, by providing Rastrac a minimum 30-day advance, written notice of cancellation via certified mail, confirmed fax, or confirmed email.

All cancellations become effective on the final day of the month following the 30-day cancellation period and as such, Customer is responsible for all fees billed prior to cancellation including the 30-day notice period.

In the event of termination of this Agreement, Rastrac will not refund to Customer any pro-rata amounts for any unused portion of the then current Service Period, any surcharges, applicable taxes or telephone access fees/charges incurred before termination of Service.

Rastrac may terminate or suspend the service, in its sole discretion at any time, without prior notice or liability, if Rastrac determines any of the following: (a) Customer’s use of the Service violates this Agreement or the Acceptable Use Guidelines, is potentially illegal or harmful to Rastrac or any other party, or could subject Rastrac to liability or additional expense; (b) providing the Service becomes technically or commercially unfeasible; (c) Customer fails to pay any charges due to Rastrac; or (d) Customer becomes insolvent or files a petition in bankruptcy. In its sole discretion, Rastrac may limit, restrict or prohibit access to the Services or Rastrac systems to protect Rastrac, its systems, other subscribers or any third party. In the event of any termination of this Agreement pursuant to this Section (c), Rastrac will not refund to Customer any pro-rata amounts for any unused portion of the then current Service Period (if a monthly plan) or any amounts for a pre-paid Service plan, any surcharges, applicable taxes or telephone access fees/charges.

[c] Upon termination of the service, Customer’s right to use the service, software, and AVL hardware provided by Rastrac immediately ceases and Customer shall immediately cease to use the service, and has no right to any data, stored or saved at or by means of the Service.

Return/restocking fees: A device may be returned so long as the device is returned in new/unused condition. A restocking fee of 25% of the original cost of the device will be charged to the account with any refund being reduced by this amount.

Default

If the Customer’s account is more than 60 days past due, the Customer will be said to have defaulted. Full price for each AVL unit will become immediately due. Additionally, all remaining AVL service amounts will become immediately due.

Technical Support

On-line technical support is available 24-hours a day through www.rastrac.com knowledgebase. Telephone support is available Mon-Fri from 9:00am to 6:00pm Central Time.

Equipment Warranty

All hardware is warranted by the manufacturer for a period of one year from the date units are received by the customer. This warranty does not include any loss or damages resulting from failure of any hardware components. Warranty does not cover any units damaged by improper installation, misuse by the customer, liquid or physical damage. Warranty does not cover the replacement of units required by a cellular carrier’s network sunset. To obtain warranty service, Customer will contact Rastrac technical support who will determine if a hardware unit is defective. Customer agrees to take action as directed by Rastrac technical support to determine if the AVL unit or other hardware is defective. If a unit is found to be defective, customer must return the unit prepaid to Rastrac who, at its sole discretion, will repair or replace said unit. This warranty does not cover any shipping, removal or installation charges Customer may incur.

Acceptable Use Guidelines

Customer may not use the AVL Service in connection with criminal or civil violations of local, state, federal, or international laws, regulations, or other government requirements. Customer is responsible for maintaining the basic security of their systems to prevent their use by others in a manner that violates this policy.

This Agreement shall be governed by and construed in accordance with the laws of the State of Texas, without regard to its conflicts of law provisions. Any cause of action Customer may have with respect to the Service must be commenced within one year after the claim or cause of action arises or such claim or cause of action is barred.