CUSTOMER AGREEMENT - GENERAL TERMS version 1.21 CONTACT GPS
1.1 System description
The product consisted of a rechargeable unit that includes a GPS receiver, GSM modem and radio transmitters. This means that customers can combine the use of different techniques to achieve the best results and performance under specified conditions. The advantage is that if GSM coverage is poor, you can track your dog using the radio transmitter. GPRS is used by the unit to communicate with the server where positions and other date is stored can can be studied at once or at a later time.
1.2 WARRANTY
Warranty of the Contact GPS unit is valid for 2 years from date of purchase and covers repair or replacement due to any design- or manufacturing errors. The warranty is limited as follows.
a) The customer shall present this agreement, which is valid as warranty certificate provided is is properly filled out and signed by the customer. Furthermore, the date of purchase shall be verified by receipt or equivalent.
b) Repairs or other actions must be performed by Followit. This warranty is lost if any other than Followit tries to carry out repairs or other action on the Contact GPS unit.
c) The warranty does not cover repair or other action on the Contact GPS unit that arise due to wear and tear or misuse. The included manual provides the necessary guidance for proper operation, use and care of Contact GPS unit and related services.
d) Followit provides for the shipping necessary for service or repair covered by the warranty. In other cases, such as the need for other service, the customer is responsible for shipping charges, which may be charged separately.
e) The warranty does not cover batteries.
Followit's responsibility for errors or omissions in the Contact GPS unit is limited to that specified in paragraph 1.2 and the client may not invoke any other penalties, such as price reduction or compensation, due to such errors or omissions.
1.3 Upgrade
Followit does not charge for upgrades covered by the scope of the warranty. Other upgrades follow the current price list. In both cases, the customer is responsible for the shipping to Followit.
1.4 Return of the Contact GPS unit
In the event that the customer due to 2.6 below or any other reason, return the Contact GPS to Followit, the customer is liable for repairs and other measures Followit may need to take to make the Contact GPS unit in operational and undamaged condition, however, the customer is not liable for costs attributable to wear or normal usage.
2 SUBSCRIPTION
2.1 Subscription Requirements
When purchasing a Contact GPS unit the customer is required to signs a 12-month subscription, which includes the services - Smart phone search services, Internet map service and customer support, detailed content and scope is specified in paragraph 3 below.
Followit reserves the right to perform credit check before the subscriber is accepted and registered.
Registration of the subscription, ownership, customer contact information with phone numbers, etc. must be done with Followit. After the purchase the buyer sends this signed agreement to Followit, which will register and send the necessary user information with regard to Internet- and smart phone service to the buyer.
Followit will not disclose information about subscriptions or ownership to other than the customer's registered address or phone number.
2.2 Function etc.
Customer acknowledges that some parts of the subscription depends on the services provided by other operators such as TeliaSonera. Such operators are responsible for the operation and reliability of these parts.
The customer is also aware that radio and GSM communication can be disrupted or made ??impossible by adverse transmission or reception conditions. Furthermore, the customer is aware that it is technically impossible to always provide flawless services of the current type and Followit gives no guarantee in this regard. However Followit undertakes that as soon as possible and with best efforts correct any inaccuracies in the given services.
Any errors or omissions in any radio- or GSM communication or other services described in this Agreement shall under no circumstances result in price reductions, furthermore Followit does not compensate losses or damage of any kind arising out of or in connection with such errors or omissions.
Followit reserves the right to make interuption in services for maintenance procedures, updates, enhancements, etc.
2.3 Responsibility and abuse of subscription
The customer is the only one who can communicate with customer service for specific information and in connection with tracking of the dog. The customer is responsible for that the subscription and related services are not used in violation of applicable laws and regulations or for other purposes than those intended, or misused by unauthorized persons. The customer agrees to keep Followit unliable of any misuse or unauthorized use.
2.4 Pricing and Billing
The base price of the subscription follows Followits price list or is regulated by separate agreement between the parties. The subscription fee is fixed during the initial 12 month period. The base price for following periods is base on Followit's current price list unless a separate price agreement is set up between the parties.
What's included in the base price is stated in paragraph 3 below.
The subscription is billed in advance, for twelve (12) month periods. For other payment terms, see paragraph 4 below.
2.5 Subscription period, extension
The subscription runs initially for a period of twelve months from the date of purchase. If the subscription is not terminated at least one month before the expiration of the twelve-month period it is extended automatically and may be terminated with one month's notice at the end of the next twelve-month period, counted from the date of purchase. The termination shall be in writing.
2.6 Suspension
If the customer fails to make payment for the subscription in time or otherwise is guilty of an offense under this contract, Followit will immediately suspend the subscription and its constituent services.
3 DETLAILED INFORMATION REGARDING THE SUBSCRIPTION
3.1 Internet service
3.1.1 Access to the Website
Downloading of data and positions from the Contact GPS unit residing on the server is done via the website www.contactgps.se (hereinafter referred to as "Website").
3.1.2 Username and password
After purchasing the Contact GPS unit and signing the subscription, a username and password is assigned to the customer. The Customer are responsible for remembering username and password.
3.1.3 GPS positioning and GSM service
Reception and accuracy
GSM communication is provided by the system operator, which is responsible for this function in the usual manner.
GPS positioning is dependent on the current GSM reception of the system operator's GSM network for the transmission of GPS positions.
3.1.4 credit balance and recharge of prepaid phone cards
To communicate with the Contact GPS unit it is required that the pre-paid phone card is activated and loaded.
3.2 Customer Service and Technical Support etc
Manuals and technical information is supplied with the Contact GPS unit at the purchase. In addition, manuals and other support information available on the Website.
In addition Followit has a customer service for managing subscription and technical support for all matters relating Contact GPS unit, subscription and related services. Customer service is available during office hours and can be reached by phone.
4 TERMS OF PAYMENT
Payment of the amount billed under this Agreement shall be made within 30 days from the invoice date.
In case of late payment, penalty interest rate is charged and reminder fee is added. Followit also reserves the right to suspend the customer's account in accordance with paragraph 2.6 above.
5 RESPONSIBILITY
Followit can not guarantee that lost dogs are found, however the probability of finding the dog significantly increased by using Contact GPS and related services.
Followit is not responsible for any damage or losses in relation with a missing dog.
Nor is Followit liable for indirect or consequential damages arising out of or in connection with this Agreement.
6 MISCELLANEOUS
6.1 Force Majeure
Followit is not liable for damage or inconvenience due to circumstances beyond Followit's control that could not reasonably have been expected when the agreement was signed, and the consequences of which neither Followit could reasonably have avoided or overcome, such as war, riots, insurrection, or similar, strikes, sabotage , vandalism, fire, lightning, natural disasters, government action, interruption in electricity supply or GSM operator's business interruption, or its subcontractor is prevented from fulfilling the service of a similar nature. Such circumstances shall constitute grounds for relief from representation or reasonable postponement of the time of the contract term.
6.2 Governing Law
This Agreement shall in all respects be governed by and construed in accordance with Swedish law.
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