SERVICE AGREEMENT
Upon your acceptance of the Agreement, MASTRACK will provide the Customer with log-in access to the MASTRACK Service for the term of the Agreement. The Agreement is provided to you at activation. There are several parts to the Agreement, including, but not limited to, the Subscriber Agreement you sign or accept, the detailed plan or other information on services we provide or refer you to during the sales transaction, and any confirmation materials we may provide you. YOU AGREE TO COMPLY WITH ALL APPLICABLE FEDERAL, STATE, LOCAL, AND FOREIGN LAWS, RULES AND REGULATIONS REGARDING THE USE OF THE DEVICE AND THE SERVICE PROVIDED BY MASTRACK.
You must have the legal capacity to accept the Agreement. You accept the Agreement when you do any of the following: (a) accept the Agreement through any printed, oral or electronic statement; (b) attempt to or in any way use the Services; (c) pay for the Services; or (d) open any package or start any program that says you are accepting the Agreement when doing so. If you don't want to accept the Agreement, don't do any of these things.
User Account, Password and Security:
To open and account for usage of the MASTRACK Services, Customer must complete the registration process by providing MASTRACK with current, complete and accurate information as requested by MASTRACK. Inaccurate details may result in suspension or termination of the MASTRACK Service. MASTRACK will assign an account name and Customer will choose a password. Customer is entirely responsible for maintaining confidentiality with regard to its password and account information. You may also set a backup security question and answer in the event you forget your password. You agree to protect your passwords and other account access credentials like your backup security question from loss or disclosure. You further agree that MASTRACK may, in our sole discretion, treat any person who presents your credentials for account access as you or an authorized user on the account for disclosure of information or changes in Service. You agree that we may contact you for service related reasons through the contact information you provide, through the services or devices to which you subscribe or through other available means, including text message, email, fax, recorded message, mobile, residential or business phone, or mail. Customer is entirely responsible for any and all activities that occur under their account. MASTRACK is not liable for any third party claims and/or actions taken with respect to services offered, all of which liability shall be solely the responsibility of the Customer. It is the customer's responsibility to adhere to all Federal, State and local laws regarding the use of GPS tracking equipment.
Devices and Service Update
We may periodically program your device remotely with system settings and other features that cannot be changed manually. Devices purchased for use on our service may not function on other services.
SERVICE/COVERAGE LIMITATIONS:
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, satellite or cellular network communication or mechanical failure, internet outages and server maintenance. I accept MASTRACK Service with these limitations. MASTRACK is not responsible for interruptions in service that are outside of the reasonable control of MASTRACK.
Return & Cancellation Policy
No returns will be accepted without a Return Merchandise Authorization.
Please contact us prior to any returns in order to receive a Return Merchandise Authorizaton (RMA).
30 Day Money-Back Guarantee:
If the customer terminates this agreement within thirty (30) days after Purchase Date, AND the Equipment is returned within a thirty (30) day period from original receipt date. The amount of the refund will be based on the following:
Product is received damaged:
How to Change Service
You may contact us to change service by logging into your account and requesting the change via the on-line tracking portal or by sending an email to support@mastrack.com from the email address associated to your account or by calling 1-800-559-8991 Mon to Fri 9 AM to 6 PM EST and speaking to a representative. After making changes, you may view completed changes and pending changes to service by visiting the “My Account” area of your tracking portal while logged into your account. Your account will be charged and service will change as per our Change of Service Policy.
Change of Service Policy
You are free to change service plans at any time. Any applicable minimum service term commitments will continue to apply to any changes in service. Service upgrades are effective immediately and any charges associated to the upgrade will be immediately charged to your account. Service Plan downgrades are effective at the end of any applicable minimum service term commitment. If the minimum service term commitment has been satisfied or otherwise does not apply then service downgrades become effective at the end of your current billing cycle. Charges associated to the downgraded change in service will be charged to your account when the new service plan takes effect. Once a service plan change is completed all future charges will reflect the new service rate. All Service Plan charges recur at the end of each billing cycle until service is cancelled.
How to Cancel Service
You must contact us to cancel service by logging into your account and requesting cancellation via the on-line tracking portal or sending an email to support@mastrack.com from the email address associated to your account or by calling 1-800-559-8991 Mon to Fri 9 AM to 6 PM EST and speaking to a representative. After requesting cancellation, you may view cancellation or pending cancellation status by visiting the “My Account” area of your tracking portal while logged into your account. Your service will be canceled as per our Cancellation of Service Policy.
Cancellation of Service Policy
Some services require a minimum term of service commitment and are usually associated with additional discounts and/or benefits relating to price of hardware and/or service. Services purchased with a minimum service commitment require you to maintain service for the full term of commitment, e.g. 12 months, 24 months, etc. You will be charged an Early Termination Fee “ETF” for each device service subscription that is terminated prior to completing the full service term commitment. The ETF will be collected for each device subscription that you terminate early or that we terminate due to cause, e.g. non-payment or violating other terms of service. The Early Termination Fees are as follows:
| Applicable Early Termination Fee | ||
|---|---|---|
| Service Term | Month 0 - 12 | Month 13 - 24 |
| 0 (No Commitment) | NONE | NONE |
| 12 Months | $75.00 | NONE |
| 24 Months | $150.00 | $75.00 |
Prohibited Network Uses
To ensure the activities of some users do not impair the ability of our customers to have access to reliable services provided at reasonable costs, you may not use our services in a manner that is unlawful, infringes on intellectual property rights, or harms or unduly interferes with the use of our data provider's network or systems. MASTRACK reserves the right, without notice or limitation, to limit data throughput speeds or quantities or to deny, terminate, end, modify, disconnect, or suspend service if an individual engages in any of the prohibited device or data uses detailed below or if MASTRACK, in its sole discretion, determines action is necessary to prevent unauthorized activity or to protect its provider's wireless networks from harm or degradation.
Prohibited System and Device Uses
Data services and messaging services and voice communications are provided solely for purposes of sending and receiving GPS tracking information, and programming or re-programming functions of a GPS tracking device that is authorized by MASTRACK GPS tracking service through the MASTRACK on-line interface. Any other use of data, messaging service, voice communications or of the SIM card provided by MASTRACK or its parent company or subsidiaries or any of its distributors for any other purpose is strictly prohibited. Any use of our GPS trackers or SIM cards for an activity that connects any device to Personal Computers (including without limitation, laptops), voice communication devices (including without limitation cell phones) or other equipment for the purpose of transmitting or receiving voice communications, wireless data or messaging over the network or for any other reason that, in our sole discretion violates our policy of providing service is strictly prohibited Any alteration to our system or unauthorized automation of any of our features or functions or any use of our system in any manner other than for which it was designed or intended constitutes a violation or our policy of providing service. MASTRACK will require that customers violating our policy of providing service pay for any excess voice, data and messaging use and services associated with the unauthorized use. Device reporting in a manner consistent with device or system alterations or tampering or excess of use over and beyond the maximum amount that a device is programmed to transmit or receive based on the customers Service Plan will be sufficient evidence that unauthorized use of services has taken place and the excess charges along with any service fees will be charged to the customer. An account administration fee of $50 will also be charged for each instance of abuse or misuse of voice, data or messaging services or unauthorized use of a SIM card provided by MASTRACK or its parent company or subsidiaries or any of its distributors.
Restrictions
Customer will not, and will not allow its Users, or agents to, directly or indirectly:
Ownership of Intellectual Property
Customer acknowledges and agrees that MASTRACK shall retain and own all rights, title and interest and all intellectual property rights (including copyrights, trade secrets, trademarks and patent rights) in and to the MASTRACK hardware, firmware or software, documentation and the MASTRACK Site (Collectively, the "MASTRACK" Materials") and all copies thereof, and that nothing herein transfers or conveys to Customer any ownership right , title or interest in or to the MASTRACK Materials or to any copy thereof or any license right with respect to same not expressly granted herein. Customer agrees that they will not, either during or after the termination of this Agreement, contest or challenge the ownership of the intellectual property rights in the MASTRACK Material.
Customer may not, without MASTRACK's prior written consent (which may be given or withheld in its sole discretion), assign or transfer this Agreement or any of its rights or obligations under this Agreement to any third person. MASTRACK may assign this Agreement to any person or entity without the consent of the Customer. MASTRACK may delegate to affiliates of MASTRACK and to agents, suppliers and contractors of MASTRACK any of the obligations herein imposed upon MASTRACK and MASTRACK may disclose to any such persons any information required by to perform the duties delegated to them.
Charges and Disputes:
You are responsible for paying all charges for or resulting from services provided under this agreement. Unless otherwise specified, all service plans are recurring and a charge will be imposed upon your credit card of record or to any bank account you may have provided for ACH payments and payment will automatically be collected at the end of each billing period. YOU MUST WITHIN 30 DAYS OF THE DATE OF THE BILL, NOTIFY US IN WRITING 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 or other periodic service, activation, and late payment charges; and applicable taxes and government fees, whether assessed directly upon you or upon MASTRACK. You agree to pay for services sent to and from your device. If your device is lost or stolen, you will be responsible for all charges incurred on your account 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 or other periodic service fee. You also remain responsible for paying your monthly or other periodic service fee if your service is suspended for nonpayment. MASTRACK may require payment by money order, cashier's check or a similarly secure form of payment at our discretion. We will charge you $50.00 or the highest amount allowed by law, whichever is less, for any check or other method of payment (including credit card charge backs) tendered by you and returned unpaid by a financial institution for any reason. A reactivation fee may apply to re-establish service on all accounts that have been disconnected for nonpayment. A deposit, in most instances between $50.00 and $750.00 (but sometimes up to $1000.00), may be required per line to establish service. Our services will only work with our GPS trackers or GPS trackers that have been modified by us - not all services are available with all GPS trackers or on all networks. Monthly service charges are not refunded or prorated if service is terminated or modified less than 5 days before your billing cycle ends. 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.
DISPUTE RESOLUTION:
We Agree To First Contact Each Other With Any Disputes:
We each agree to first contact each other with any disputes and provide a written description of the problem, all relevant documents/information and the proposed resolution. We agree to contact each other as described in the Providing Notice to Each Other under the Agreement section below.
Providing Notice To Each Other Under The Agreement:
Except as the Agreement specifically provides otherwise, you must provide us notice by calling or writing us as instructed on your invoice. We will provide you notice through one or more of the following: in your bill, correspondence to your last known billing address, to any fax number, e-mail address, or any other phone number you've provided us, or by text message.
Instead Of Suing In Court, We Each Agree To Arbitrate Disputes:
We each agree to finally settle all disputes (as defined and subject to any specific exceptions below) only by arbitration. In arbitration, there's no judge or jury and review is limited. However, just as a court would, the arbitrator must honor the terms and limitations in the Agreement and can award the same damages and relief, including any attorney's fees authorized by law. The arbitrator's decision and award is final and binding, with some exceptions under the Federal Arbitration Act ("FAA"), and judgment on the award may be entered in any court with jurisdiction. We each also agree as follows:
(1) "Disputes" are any claims or controversies against each other related in any way to our Services or the Agreement, including, but not limited to, coverage, Devices, privacy, or advertising, even if it arises after Services have terminated - this includes claims you bring against our employees, agents, affiliates or other representatives, or that we bring against you.
(2) If either of us wants to arbitrate a dispute, we agree to send written notice to the other providing a description of the dispute, previous efforts to resolve the dispute, all supporting documents/information, and the proposed resolution. If we cannot resolve the dispute within forty-five (45) days of receipt of the notice to arbitrate, then we may submit the dispute to formal arbitration in the state of New York.
(3) The FAA applies to this Agreement and arbitration provision. We each agree the FAA's provisions, not state law, govern all questions of whether a dispute is subject to arbitration.
(4) Unless we each agree otherwise, the Arbitration will be conducted by a single neutral arbitrator and will take place in the state of New York. We will agree on the arbitrator, and if we cannot agree, then the arbitrator will be appointed by the court as provided by the FAA.
(5) The arbitration will be governed by the arbitration rules selected by the Arbitrator. The federal or state law that applies to the Agreement will also apply during the arbitration.
Service Limitations - Liability Limitations
1. WARRANTY DISCLAIMER. MOBILE ASSET SOLUTIONS AND ITS AFFILIATES AND CONTRACTORS MAKE NO WARRANTIES WHATSOEVER, DIRECTLY OR INDIRECTLY, EXPRESS OR IMPLIED, AS TO THE SUITABILITY, DURABILITY, FITNESS FOR USE, QUALITY, PERFORMANCE OR NON-INFRINGEMENT OF THE GPS TRACKING SERVICE OR EQUIPMENT OR WIRELESS SERVICE OR EQUIPMENT OR THEIR USE IN CONNECTION WITH EQUIPMENT PROVIDED BY MOBILE ASSET SOLUTIONS OR CUSTOMER PROVIDED EQUIPMENT OR OTHER PRODUCT OR SERVICE. WITH RESPECT TO MOBILE ASSET SOLUTIONS, CUSTOMER PURCHASES THE EQUIPMENT "AS IS." EQUIPMENT PURCHASED UNDER THIS AGREEMENT SHALL BE SUBJECT TO ANY WARRANTIES PROVIDED TO CUSTOMER BY THE EQUIPMENT MANUFACTURER. PRODUCTS AND SERVICES ARE NOT INTENDED FOR USE IN IN SAFETY-CRITICAL OR MILITARY APPLICATIONS (SUCH AS LIFE SUPPORT) WHERE A FAILURE OF THE PRODUCT WOULD REASONABLY BE EXPECTED TO CAUSE SEVERE PERSONAL INJURY OR DEATH.
2. LIMITATION OF SERVICE. Service may be interrupted, delayed or otherwise limited for a variety of reasons, including environmental conditions, unavailability of cellular network, 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 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. MOBILE ASSET SOLUTIONS MAKES NO WARRANTY, EXPRESS OR IMPLIED, OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, SUITABILITY, OR PERFORMANCE REGARDING ANY SERVICES OR GOODS, AND IN NO EVENT SHALL MOBILE ASSET SOLUTIONS BE LIABLE, WHETHER OR NOT DUE TO ITS OWN NEGLIGENCE, for any of the following:
General Terms:
This Agreement, the terms included in the rate plan describing your plan and services, in conjunction with the Service Commitment Agreement entered into, if any, and any documents expressly referred to herein or therein, make up the complete agreement between you and MASTRACK, 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. MASTRACK may assign this Agreement, but you may not assign this Agreement without our prior written consent. The law of the state of New York 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.
Roadside Assistance Terms and Conditions
Eligibility to MasTrack’s Roadside Assistance is limited to current MasTrack customers with active eligible subscription(s) in good standing.
Each eligible MasTrack GPS Service subscription may be assigned one enrollee to receive Roadside Assistance at no charge (up to $100 per event value).
Additional enrollees may be added for a fee.
Enrollees must be added to an eligible subscription prior to a Roadside Assistance event occurring in order for Roadside Assistance Services to be rendered.
The Roadside Assistance service may be discontinued or modified at any time. 14 Days written notice will be made to affected customers of any discontinuation or change in service.
Services
The following Services shall be provided by a third party provider contracted by MasTrack through North America for each eligible and enrolled MasTrack user motor vehicle. Coverage for each Service occurrence is limited to $100.00 of third party provider’s cost in providing the Service with the customer paying any additional cost of a Service occurrence. Each MasTrack enrolled and eligible user is permitted up to four (4) Service occurrences every twelve (12) months. Motor vehicles excluded are those over 10,000 GVWR, motorcycles, camping trailers, and any unit in tow. MasTrack shall assign a toll free number for customers to call for Services 24 hours a day, 7 days a week.
Fuel delivery
A supply of fuel shall be delivered to enable the customer to reach the nearest available service station. The customer pays for the fuel.
Battery Boosts or Cold Weather Starting
A service provider shall attempt to start the customer’s vehicle.
Tire Changes
A service provider shall install the customer’s inflated and usable spare tire. In the event the spare tire is unusable, the vehicle shall be towed to the nearest, appropriate repair facility. Service providers do not repair tires on site.
Lockout Services
A service provider shall attempt to open the customer’s vehicle should the customer lock their keys in the vehicle. Parts, replacement keys, excessive labor and/or services of a locksmith are the responsibility of the customer.
Towing
Should a customer’s vehicle not be fit to operate safely under its own power following a mechanical breakdown, it shall be towed to the nearest, appropriate repair facility. Flatbed service shall be available.
Winch/Pull Out
Driven shall arrange to have a customer’s vehicle winched when necessary. Vehicle must be in a location that can be safely reached from a normally traveled road, and can be extracted by 1 person and 1 normally equipped truck (no special equipment) in no more than 1 hour.
Certain jurisdictions or highways have enacted regulations governing towing. Motorists travelling within these areas will not be eligible to use MasTrack’s Roadside Assistance Service and will be required to use and pay for the authorized provider as mandated by local regulations.
Roadside Assistance Requests
Customers will be provided with a phone number to call for Road Side Assistance 24 x7.
Calls placed to our 24-hour call centers may be recorded to increase our ability to monitor the quality of service and assist in addressing member concerns.
When calling for service, be prepared to provide:
If you should no longer need service after you request it, please call back and cancel your service request.
Indemnity
By using this service you agree to indemnify, defend and hold harmless MasTrack, it's third party providers, affiliates, and it's officers, directors, employees and agents from any and all losses, liabilities, damages (including death, bodily injury or property), claims, causes of action or any other expenses including, but not limited to, reasonable attorney fees and expenses, which are asserted against, imposed upon or incurred or suffered by such party as a result of or arising out of: (a) the violation of any law, regulation, other legal mandate or regulatory directive by such party; (b) the breach by such party of any duties or obligations specified in this Agreement, or any covenant, condition, or representation of such party contained in this Agreement; or (c) the negligence or willful misconduct of such party.
In no event shall MasTrack be liable for any punitive damages, exemplary damages, loss of profits, loss of opportunity, or loss of production which may be suffered by any party in connection with the performance or use of this service.