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tracking

vehicle tracking

fleet tracking

General Contracting Conditions

(Effective: from 01 March 2017)

I.
Explanatory provisions
1.
Service: the subject of the contract concluded between Subscriber and the Service Provider, which is the satellite person tracking, fleet tracking system ensured by the Service Provider to the Subscriber. The Service shall be available only in the area of the Republic of Hungary where it is no otherwise stipulated in the Subscriber Contract.
2.
2. The Service Provider: MyFleet Magyarország Kft. / GSGroup MyFleet Zrt., (1118 Budapest, Beregszász út. 45.)
3.
3. Subscriber shall mean any natural person, legal person or other unincorporated organization that signs the Subscriber Contract, regardless of whether someone else actually might use the service.
4.
4. Partner paying the invoices: means any natural person, legal person or other organization having no legal personality, who undertakes liability to pay the fee for the service.
5.
5. Subscriber Contract: The contract concluded in the subject matter of the provision of the service, between the Service Provider and the Subscriber, and the General Contracting Conditions and the annexes thereto form inseparable parts of the Contract.
6.
6. Pricing: The list of the monthly and one-time charges constituting the counter-value of the service (part of the Subscriber Contract).
7.
7. Device: A mobile personal or vehicle-mounted GPS unit, which is able to communicate with a satellite needed for localisation and a central server.
8.
8. Loyalty Statement: It is the provision of the General Contracting Conditions, in which the Subscriber agrees to reimburse the Service Provider for the allowances received for the Loyalty Period plus penalty in certain cases of terminating the contract before the expiry of the Loyalty Period,.
9.
9. Loyalty Period: The period specified in the Loyalty Statement. In certain cases of termination of the Subscriber Contract during the Loyalty Period, the Subscriber shall pay the Service Provider the allowances received for the Loyalty Period subject to paying penalty. The period of pausing the service (VII/13) will increase the duration of the Loyalty Period.
10.
10. Business Secrets: Any fact, information, solution or data relating to the economic activity shall constitute business secrets, the publication, obtaining or use of which by third parties would compromise or infringe the legal financial, economic or market interests of the beneficiary. The contents of all agreements relating to the Service shall qualify as business secrets.
II.
Subject matter of the Subscriber Contract
1.
The subject of the Subscriber Contract is the Service where the Service Provider will ensure:
a)
the personal or vehicle-mounted GPS device and its accessories, as well as other appliances necessary for using the Service,
b)
access to and usage right of the client-software installed by the Service Provider and Internet map software programmes available on the Service Provider’s website to which the User will receive a unique user name and password,
c)
depending on the package ordered Telenor SIM card that is required for the communication, and the data traffic contained in the package.
III.
The Service Provider’s Obligations
1.
The Service Provider shall provide the Subscriber with the GPS device and its accessories specified in the Subscription Contract, and other tools needed to use the service, as well as the right to use the Internet mapping software (unique user name and password provided) and - depending on the ordered package - Telenor SIM card required for communication with data traffic included in the package.
2.
The Service Provider agrees to install the GPS device in the vehicle specified by the Subscriber upon ordering as per the Pricing.
3.
The Service Provider shall provide the services starting with the delivery and installation of the device where the Subscriber fulfilled their conditions on time.
4.
The Service Provider shall ensure for the Subscriber the devices (GPS receivers) purchased at a discount price subject to Telenor Zrt. network limitation based on which the devices purchased at a discount price the devices can be used exclusively in the Telenor Zrt. network.
5.
The Service Provider undertakes to ensure the conditions for the proper functioning of the service and for this, to do its utmost and to configure the GPS devices to the necessary and optimal extent. The Service Provider maintains the right for itself to suspend the service during the time of maintenance works.
6.
The Service Provider will preserve the information acquired by itself in relation to the service in data files and will treat such data in conformity with the legislation in force, While managing such information, the Service Provider shall use it only to the extent necessary for providing the services and the Service Provider shall not disclose the information to any third parties except where authorities oblige him to do so or subject to the Subscriber’s consent.
7.
The Service Provider will charge fees specified in the Price List for installation outside the normal working hours (from 8 to 17 o’clock) or at week-ends.
IV.
The Subscriber's obligations
1.
The Subscriber will use the services provided by the Service Provider subject to the Subscriber Contract and undertakes to pay its fees in the way and by the deadlines stipulated in the contract.
2.
The Subscriber or its representative shall make available the motor vehicle or motor vehicles together with its/their registration card(s) to the Service Provider with the aim of installing or repairing the GPS unit, as defined upon ordering the installation or repair at the time and place agreed with the Service Provider then the Subscriber shall receive the installation or repair worksheet by signing it.
3.
Upon contract conclusion, the Subscriber shall provide certain personal information, which must be certified by an official document. The Subscriber shall be liable for damages emerging from the provision of incorrect, incomplete or false information. Where the information provided upon contract conclusion changes, the Subscriber shall inform the Service Provider on the change in writing within three working days of the date of the change and if such notification fails or is late then the Subscriber shall be liable for all damages occurring from such a failure.
4.
The Subscriber shall notify the Service Provider on the deficiencies of the device and where repair or replacement is needed even after the warranty period.
5.
Where the Subscriber ceases without a legal successor, the legal successor shall report and give proof of legal succession to the Service Provider. Where the Subscriber is a natural person, his decease shall be immediately reported by the heir in writing where both the quality of the heir and the fact of the decease shall be documented.
6.
The Subscriber shall notify the Service Provider immediately where the Subscriber's ceasing without a legal successor can be expected and all outstanding payment obligations shall be settled without delay.
7.
The heir or the legal successor shall be entitled to the same rights and shall bear the same obligations, which shall be borne by the legal predecessor.
V.
Warranty
1.
The Service Provider undertakes 12-month warranty on the device starting from its delivery except for different provisions in the Subscription Contract. The warranty shall terminate upon the termination of the Subscription Contract.
2.
On the basis of the warranty repair or replacement shall be done exclusively by the Service Provider.
3.
The Service Provider shall provide the Subscriber with the warranty proof of the device(s) together with the invoice(s) issued on the device(s).
4.
The Service Provider shall be exempt of the warranty where the cause of the fault is the consequence of any of the following:
a)
the usage of the device or service opposite to its intended purpose,
b)
transformation of the device or its accessories;
c)
any other inappropriate handling, storage of the device.
5.
Should the device become faulty as a consequence of the fault of the device or installation during the warranty period and this happens in the conditions of proper usage, the Service Provider shall repair or replace the faulty device free of charge - at its discretion. The Service Provider shall realise troubleshooting on the day and during working hours (from 8 to 17 o’clock) agreed with the Subscriber, upon notification. Should the Subscriber request troubleshooting outside the working hours, then a fee shall be payable. Troubleshooting shall take place at the Service Provider's site, and if repair is requested on a different place, then deployment fee shall be payable as per the Price List.
6.
The Subscriber shall notify the Service Provider on the fault immediately after its detection in writing but within 3 days the latest. Notification sent in an electronic way shall qualify as written notification where the mail system sent a delivery report on it. The Subscriber shall be liable for damages arising from its failure or delay.
7.
The Service Provider's liability arising from the warranty shall not exceed the value of the device is paid upon its purchase.
VI.
Responsibility
1.
The Invoice Paying Party and the Subscriber shall be liable for paying invoices even if the person signing the Subscriber Contract and the person using the service actually are different. The Invoice Paying Party and the Subscriber shall be liable jointly and severally for fulfilling the liabilities specified in the Subscriber Contract.
2.
The damages arising from the loss, damages or destruction of the SIM card shall be borne by the Subscriber toward the Service Provider.
3.
The Parties agree that the Subscriber shall be liable to the Service Provide for the behaviour of the actual SIM card users and the Invoice Paying Party as if the Subscriber had acted.
4.
The Service Provider shall not be liable for fulfilling its contractual liabilities in cases where circumstances emerge that cannot be foreseen and which do not fall into its scope of liability - vis maior events - which hinder the contractual fulfilment. Natural catastrophe (flood, fire, lightning, other natural disasters), war, riot, terrorist bombings, other emergency, extraordinary measures of authorities shall qualify especially as vis maior. The Subscriber shall pay for the services already performed by the Service Provider even in the case of force majeure.
5.
The Service Provider shall not be made liable for damages occurring as a consequence of the failure of Internet services, GSM services or GPS services. The Subscriber shall pay the service fee payable in such periods even if the Subscriber was unable to use the service actually because for the above reasons.
6.
The Service Provider shall not be made liable for damages arising from the incorrect alert or the failure of the device.
7.
Should the user name and/or the password become available to unauthorised persons for reasons imputable to the Subscriber, the Service Provider shall not be made liable for damages arising from such a failure.
8.
The Service Provider shall not be made liable for damages arising from the fact that the Service Provider ceases without a legal successor or the Service Provider modifies, suspends or cancels its service rights. In such cases the Service Provider shall notify the Subscriber immediately and the contract shall be terminated on the date of the notice. Where the contract is terminated for such reasons, the Subscriber shall be reimbursed for the monthly subscription fees paid for the months following the date of notice regarding the Pre-Paid service packages.
9.
The Service Provider does not operate any dispatcher centre and it does not undertake remote monitoring within the framework of the service. The Service Provider shall not be obliged to take measures where the vehicle(s) is (are) stolen or other criminal actions occur.
10.
The Subscriber shall make available the vehicle to the Service Provider (e.g. For the purpose of installation, repair) in a way that no valuables shall remain in the vehicle(s). The Service Provider shall not be made liable for valuables left in the vehicle therefore, no compensation shall be claimed from Service Provider for the loss, destruction or damages of the valuables.
11.
The SIM card needed for the service shall remain the property of Telenor Zrt. And the Service Provider allows usage right to the Subscriber on the SIM card.
12.
Where the contract is terminated, the Subscriber shall settle all of its payables existing on the date of termination within three business days and return the Subscriber's SIM cards to the Service Provider.
13.
The Service Provider shall not be made liable for technical faults arising in the vehicles during installation or repair where the occurrence of damages is the consequence of the hidden fault of the motor vehicles.
VII.
Payment conditions
1.
By signing the Subscriber Contract, the Subscriber shall acknowledge that the Service Provider shall be entitled to modify the conditions of Tariffs unilaterally. The Service Provider shall notify the Subscriber on the tariff modification 15 days before its effective date, where statements made in an electronic way shall qualify as written statements where the mail system sent a delivery report on that. The modification shall not affect the monthly package fee, it can affect only the fee of other services (e.g. SMS, costs of deployment, installation, etc.).
2.
The modification of the Tariffs shall qualify as accepted where the Subscriber continues to use the Service tacitly.
3.
Should the modification contain provisions unfavourable to the Subscriber, the Subscriber shall be entitled to send a notice of termination within 15 days of the notification, except where the modification occurs during the Loyalty Period and if the modification does not affect the received allowances.
4.
The Service Provider shall make out an invoice every month - or with the frequency stipulated in the Subscriber Contract - to the Subscriber which shall include the totalised accounting of all the existing cards. The Service Provider will send the invoice by electronic mail, and where hard copy invoices are requested via regular mail, the Service Provider shall be entitled to charge administrative costs for each invoice, the fee of which is included in the Tariffs.
5.
The device and its accessories shall remain the Service Provider’s property until the Subscriber pays to the Service Provider their price, costs of installation fully.
6.
The Subscriber shall pay to the Service Provider the price of ordered device(s) and their installation costs in cash on the day of concluding the Subscriber Contract or via bank transfer within 8 days from the date of order (before the delivery of the device). The Service Provider shall transfer the warranty cards of the devices together with the invoices made out on the devices.
7.
Should the payment not occur on the date of delivery within the payment deadline shown in the invoice, the Service Provider shall be entitled to take the device and its accessories back. The failure to pay the price of the device until the due date shall qualify as if the Subscriber had cancelled the order and the partial amounts paid incidentally until that date shall be considered as retainer the reimbursement of which the Service Provider is not obliged to refund.
8.
Where the service is used via Roaming SMS or Roaming GPRS, the Roaming fees shall be invoiced only in the month following the month in question for technical reasons.
9.
In the case of late payment, the Service Provider shall be entitled to charge double of the prevailing interest of the central bank on the Subscriber and suspend the service immediately. The Service Provider will show the penalty for late payment in the invoice of the month following the month in question.
10.
The payment shall be considered settled where the Subscriber has paid the due fee to the Service Provider in cash or where the fee is credited to the Service Provider's bank account.
11.
On the 3rd day following the expiry of the due date the Service Provide will send the Subscriber a notice to pay automatically but if such a notice is not sent, the Subscriber shall not be exempted from the legal consequences of the delay. On the 8th day after the expiry of the due date, the Service Provider shall be entitled to terminate the Subscriber Contract and to collect via legal means the amounts payable by the Subscriber. In the case of this point, the statement made by electronic means is deemed to be a written statement if the mailing system sends a delivery report.
12.
The Service Provider will charge a re-start fee of the service suspended for the failure to pay the fee of which shall be equal to the monthly service fee of the re-started devices.
13.
The service may be suspended where the Subscriber requests that in writing from the Service Provider under the conditions and against paying the fee stipulated in the Tariffs. The suspension is possible only from the first day of the month following the date of notification and for full calendar months. Where the suspension affects three calendar months - in lack of the different provision of the Subscriber Contract - the Subscriber shall pay a re-start fee, which shall be equal to the monthly service fee for the re-started devices. The Loyalty Period shall be extended with the duration of the suspension.
VIII.
Termination
1.
The Contracting Parties shall be entitled to terminate the Subscriber Contract in writing with ordinary termination subject to a notice period of 30 days.
2.
The Service Provider shall be entitled to terminate the Subscriber Contract with immediate effect in writing if
a)
the Subscriber hinders or endangers the proper operation of the Service Provider's system or the network of Telenor Zrt. and where the Subscriber does not stop such a contract breach within 3 days from the notice warning about legal consequences;
b)
the Subscriber does not allow for the Service Provider to realise the controls on the spot in order to examine and eliminate the fault announced or discovered by the Service Provider;
c)
the Subscriber is late with its payment obligation for at least 8 days.
3.
Where the Subscriber sends and ordinary notice of termination during the Loyalty Period, the Subscriber shall pay to the Service Provider the allowances with retroactive effect, in addition, penalty as it is stipulated in the Subscriber Contract. In the case of a fixed-term contract, it shall be terminated with regular termination only after the expiry of the time fixed.
4.
Where the contract is terminated, the Subscriber shall pay the fee of services already performed by the Service Provider. Where the Subscriber made a loyalty statement, then the Subscriber shall pay the favourable monthly fee subject to the loyalty statement for the full duration of the last started month. The Subscriber shall be reimbursed for the monthly subscription fees paid for the months following the date contract termination regarding the Pre-Paid service packages.
IX.
Condition and reimbursement of allowances (Loyalty Statement)
1.
The loyalty period undertaken by the Subscriber is defined in the subscriber contract. Where the Subscriber does not terminate the Subscriber Contract in writing at least 30 days before the expiration of the Loyalty Period, then the Loyalty Period shall be renewed automatically for further 12 months without any special declaration.
2.
The Subscriber shall acknowledge that the Service Provider allows for the favours offered based on the Subscriber Contract subject to that the Subscriber shall not terminate the contracts and shall not give reasons for the Service Provider to terminate any Subscriber Contract with immediate effect regarding any SIM cards specified in the Subscriber Contract.
3.
Should the Subscriber Contract be terminated before the expiry of the Loyalty Period with its termination by the Service Provider with immediate effect or by the Subscriber, then the Subscriber shall refund the allowances to the Service Provider, as follows:
a)
the monthly fee difference between the fee valid with loyalty statement and without loyalty statement for all the SIM cards shown in the Subscriber Contract regarding the period between contract conclusion and its termination, for all started months,
b)
the difference between the list price and favourable price of the devices sold.
4.
Such allowances shall be refunded within 15 days of the date of expiry of the Subscriber Contract plus the double of the interest rate of the central bank to be calculated from the date of contract conclusion.
X.
Secrecy
1.
The contracting Parties undertake not to use, disclose the business secrets of the other party to any third parties and not to abuse them in any other ways.
2.
Where the business secrets are used by the Service Provider in order to fulfil its liabilities then this shall qualify as their legal usage.
3.
The liabilities specified in this point shall survive the termination of the Subscriber Contract.
4.
By signing the Subscriber Contract, the Subscriber agrees that the Service Provider can use the Subscriber's name as reference - by showing the service used by the Subscriber.
5.
The Subscriber’s user name and password shall be kept in secret by the Parties.
6.
Should the secrecy liability be breached, the party breaching the contract shall pay penalty of HUF 5,000,000 that is Five million Hungarian forint to the other Party and such a breach may entail criminal liability because of the crime of breaching economic secrets.
XI.
Legal statements
1.
The legal statements relating to the Subscriber Contract shall be made in writing. Written declarations delivered personally, documents sent with registered mail as regular mail (recommended or recommended with delivery receipt) shall qualify as written statements - if the contract does not provide for otherwise. In urgent cases, the statements may be sent by fax or electronic means but such statements shall be sent either by regular mail or delivered personally.
2.
Statements shall be considered delivered where they are received or their receipt is refused. For regular mail, the statement shall be considered notified on the tenth working day following the date of unsuccessful delivery attempt and the day of placing of the notice, if the addressee does not take it.
3.
The Contracting Parties shall inform each other immediately where their notification address stated in the Subscriber Contract changes. Should such notification fail, the document to be delivered to the specified delivery address via regular mail shall be considered as delivered on the date of sending.
4.
Contact persons shall be entitled to make legally valid statements in connection with the fulfilment of the Subscriber Contract furthermore to modify the ordered services or devices (including Annex no. 2) but they shall not be entitled to modify the Subscriber Contract.
XII.
Final provisions
1.
The questions that are not regulated in the Subscriber Contract and the General Contracting Conditions shall be subject to the provisions of the Hungarian Civil Code.
2.
Upon accepting the General Contracting Conditions, the Subscriber shall acknowledge at the same time that the Service Provider shall be entitled to amend the General Contracting Conditions unilaterally, in whole or in part, from time to time. The prevailing General Contracting Conditions are available on the Service Provider's website (www.myfleet.hu).
3.
The General Contracting Conditions have the same legal effect as the Subscriber Contract.
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