Terms of Service

Overview

This website is operated by Telematics GPS, LLC. Throughout the site, the terms "we", "us" and "our" refer to Telematics GPS, LLC. Telematics GPS, LLC offers this website, including all information, tools and Services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/or purchasing something from us, you engage in our "Service" and agree to be bound by the following terms and conditions ("Terms of Service", "Terms"), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any Services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current website shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Service/Coverage Limitations

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, internet outages and server maintenance. I accept Telematics GPS, LLC's service with these limitations. Telematics GPS, LLC is not responsible for interruptions in service that are outside of the reasonable control of Telematics GPS, LLC or the network service provider.

Charges and Disputes

You are responsible for paying all charges for or resulting from services provided under this agreement. A charge will be imposed upon your credit card of record on a monthly basis. You must within 90 days of the date of the bill, notify us in writing at:

Telematics GPS, LLC
3445 Seminole Trail
Suite 188
Charlottesville, VA 22911

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 service; and applicable taxes and government fees, whether assessed directly upon you or upon Telematics GPS, LLC. To determine your primary place of use (“PPU”) and which jurisdiction taxes and assessments to collect, you are required to provide us with your residential or business street address. If you do not provide us with such address, we may reasonably designate a PPU area for you. Except as provided below, monthly service and certain other charges are billed one month in advance and there is no prorating of such charges if service is terminated on other than the last day of your billing cycle. You agree to pay for data services sent to and from your Equipment. If your device (“Equipment”) is lost or stolen, you will be responsible for all charges incurred on your SIM card 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 service fee. You also remain responsible for paying your monthly service fee if your service is suspended for nonpayment. Telematics GPS, LLC may require payment by money order, cashier's check or a similarly secure form of any payment at our discretion. We will charge you $30.00 or the highest amount allowed by law, whichever is less, for any check or other instrument (including credit card charge backs) tendered by you and returned unpaid by a financial institution for any reason.

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.

Changes to Terms and Rates

We may change any terms, conditions, rates, fees, expenses, or charges regarding your service at any time. We will provide you with notice of such changes. If we increase the price of any of the services to which you subscribe, we will disclose the change at least one billing cycle in advance (through a notice to your billing address of record).

You authorize us to provide information about and to make changes to your account, including adding new service, upon the direction of any person able to provide information we deem sufficient to identify you.

Equipment and Use

Your equipment must be compatible with, and not interfere with, our service, and must comply with all applicable laws, rules and regulations. We may periodically program your Equipment remotely with system settings and other features that cannot be changed manually. Equipment purchased for use on our service may not function on other services. You agree to comply with all applicable federal, state, local, and foreign laws, rules and regulations regarding the use of the equipment and the service provided by Telematics GPS, LLC.

Termination

Either party may terminate this agreement at any time. If you cancel your subscription, your final payment after cancellation will not be prorated, but you will still have service until 30 days after your last payment was accepted. Non-payment will result in immediate termination of your account. We may terminate this agreement at any time without notice and for any reason. We may interrupt or terminate your service without notice for any conduct that we believe violates this agreement or any term and conditions of your plan, or if you behave in an abusive, derogatory or similarly unreasonable manner with any of our representatives, or if we discover that you are under-age, or if you fail to make all required payments when due or if we have reasonable cause to believe your Equipment is being used for an unlawful purpose or in a way that may adversely affect our service, or if you provided inaccurate credit information.

Service Limitations / Limitation of Liability

Service may be interrupted, delayed or otherwise limited for a variety of reasons, including environmental conditions, unavailability of radio frequency channels, 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, refuse 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. Telematics GPS, LLC makes no warranty, expressed or implied, of merchantability or fitness for a particular purpose, suitability, or performance regarding any services or goods, and in no event shall Telematics GPS, LLC be liable, whether or not due to its own negligence, for any: Act or omission of a third party; Mistakes, omissions, interruptions, errors, failures to transmit, delays or defects in the service provided by or through us; damage or injury caused by the use of the Service or Equipment, including use in a vehicle; Claim against you by third parties; or Damage or injury caused by a suspension or termination of Service by Telematics GPS, LLC.

Notwithstanding the forgoing, if your service is interrupted for 24 or more continuous hours by a cause within our control, we will issue you, upon request, a credit equal to a pro-rata adjustment of the monthly service fee for the time period your service was unavailable, not to exceed the monthly service fee. Our liability to you for service failures are limited solely to the credit set forth above. Telematics GPS, LLC will not be liable for any indirect, special, punitive, incidental or consequential losses or damages you or any third party may suffer by use of, or inability to use, Service or Equipment provided by or through Telematics GPS, LLC, including loss of business or goodwill, revenue or profits, or claims of personal injuries. To the full extent allowed by law, you hereby release, indemnify, and hold Telematics GPS, LLC and its officers, directors, employees and agents harmless from and against any and all claims of any person or entity for damages of any nature arising in any way from or relating to, directly or indirectly, service provided by Telematics GPS, LLC or any person’s use thereof or of the Equipment, including claims arising in whole or in part from the alleged negligence of Telematics GPS, LLC, or any violation by you of this agreement. This obligation shall survive termination of your service with Telematics GPS, LLC. Telematics GPS, LLC is not liable to you for changes in operation, equipment, or technology that cause your equipment or software to be rendered obsolete or require modification. This agreement gives you specific legal rights and you may have other rights which vary from state to state.

Miscellaneous

This agreement, the terms included in the rate plan describing your plan and services, and any documents expressly referred to herein or therein, make up the complete agreement between you and Telematics GPS, LLC, 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. Telematics GPS, LLC may assign this agreement, but you may not assign this agreement without our prior written consent. The law of the state of your billing address 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.