Terms and Conditions

Terms of Use (Web Application)

Track2Run

THIS AGREEMENT is made at New Delhi, India start on the…………….day.

Track2Run GPS Systems Pvt. Ltd. having its registered office at SHOP NO. 97, PILI BUILDING, GALI NO.15 BEADONPURA ,KAROL BAGH NEW DELHI North Delhi, Delhi - 110005

INTRODUCTION

India hereinafter referred to as the(“OWNER”) of the ONE PART and...................................../Ltd. having its registered office/business /residence at....................................................; (hereinafter referred to as the “CUSTOMER”) of the OTHER PART. WHEREAS the owner is the owner of the hardware devices as well as software machinery of Vehicle Tracking System and carrying on business of renting of the Vehicle Tracking System to Government/Private Offices, Business Establishments and Shops, Individuals throughout India and abroad. AND WHEREAS the Customer has agreed to take on rental basis both hardware devices as well as software machinery of Vehicle Tracking System of this company Track2Run GPS Systems Pvt. Ltd. and the Owner has agreed to give on rental basis the said devices and machinery on the following terms and conditions. NOW IT IS HEREBY AGREED BY AND BETWEEN THE PARTIES HERETO AS FOLLOWS:

1. The Owner hereby rents to Customer and the Customer takes on rental basis the devices and machinery, specified in the Schedule hereunder written (hereinafter referred to as the said devices and machinery) from…………………..…for a term of …………years. The said devices and machinery has been delivered by the Owner to the Customer and the latter acknowledges receipt thereof.

2. The Customer agrees to return the said devices and machinery to the address of the Owner on or before the end of the rental period as specified above.

3. Charges

3.1 The Customer shall, during the continuance of this agreement, pay to the Owner without previous demand by way of rental charges a sum of Rs…………………..( …………….) on monthly Billing basis for the use and possession of the said devices and machinery, the first payment to be made on the………………day of 20…………next and each subsequent payment on the…………day of each succeeding month during the said term;

3.2 Charges payable by the Customer are exclusive of taxes, duties or levies payable, unless expressly stated to the contrary in the billing statement;

3.3 Owner has the sole right and discretion to vary or increase the charges at any time on reasonable notice to the Customer subject to regulation;

3.4 If the Customer does not pay to the Owner the Charges, the Additional Usage Charges or any other Charges on the due date for payment, the Customer will be liable for any costs incurred by the Owner in collecting the money the Customer owes and the Customer shall pay penalty interest at a rate of ……..% per month from the date payment is due until payment is made;

3.5 The Owner reserves the right to vary the billing cycle at its sole discretion;

3.6 The Customer shall be liable for all Charges for the Services provided to the Customer whether or not the Services have been used by the Customer;

3.7 The Customer shall be liable to pay for the Services provided even if he/she does not receive the bills. It will be the Customer's responsibility to make enquiries in case of non-receipt of bills;

3.8 Any advance/security deposit paid by the Customer shall be adjusted against any dues payable by the Customer to the OwnerPayment will be made by Cash, Credit cards or A/c payee cheque or NEFT/RTGS transfer or Net banking or pay bill any other instrument drawn on any bank in Delhi and payable at Delhi;

CUSTOMER AGREEMENT

And balance if any will be refunded by the Owner within 60 days from the deactivation of the Services; 3.10 Immediately within seven (7) days inform the Owner if the Customer changes its address or contact details along with acceptable address proof of the changed address admissible in the court of law;

4. Customer agrees to inspect and verify the functionality of the said devices and machinery upon receipt and to notify Owner of any damages, malfunction, or missing components so that appropriate measures can be taken at the Customer's own expenses.

5.The said devices and machinery rented shall remain, at all times, the property of the Owner unless a sales agreement is negotiated for purchase of the equipment separate from this agreement. The said devices and machinery are being rented to the Customer by the Owner “as is where is basis” and the Customer accepts the same in the status of 'as is where is basis'.

6. The Customer will not sell, assign, mortgage, pledge, underlet or otherwise deal with the said machinery and devices but will keep the said machinery and devices in his own possession and will not remove the said devices and machinery from the premises where such machinery and devices are for the time being installed under any circumstances without previous consent in writing of the owner.

7. The Customer shall use the said machinery and devices in a skillful and proper manner and shall at his own expenses keep the said machinery and devices in good and substantial repair and condition and will allow the Owner, his servants or agents at all reasonable times to have access to the said machinery and to inspect the state and condition thereof.

8. The Owner is not responsible if the said devices and machinery are destroyed by fire or accident, lost by theft, all liability under such circumstances are deemed to be the sole liability of the Customer. The Customer also hereby agrees to fully compensate for the damages so incurred under such circumstances to the Owner.

9. If the Customer shall make default in punctual payment of the monthly sums so to be paid by him as rental charges of the said devices and machinery or if he shall fail to observe and perform the terms and conditions of this agreement on his part to be observed and performed, the Owner may TERMINATE THE SERVICES WITHOUT ANY PRIOR NOTICE and it shall be lawful for him to retake possession of the said devices and machinery and for that purpose the owner, his servants or agents may enter into or upon any premises where the said devices and machinery are installed and the customer will remain liable for the payment of money due to the owner under this agreement or damages for breach thereof.

10. The Customer agrees to pay the full retail value of any equipment of the devices and machinery that is not returned or is returned damaged. The full retail value of the equipment is noted in the accompanying invoice.

11. The Owner will provide a shipping list of all peripheral items associated with the said devices and machinery and verify the functionality of the same prior to shipping. The owner makes no warranties, express or implied of any of its devices and machineries.

12. The Owner disclaims all liability for the devices and machinery rented out to the Customer and does not give any warranties to the Customer as to the condition of any of the devices and machinery.

13. The Customer hereby covenants with the owner that he will not do or omit to do any act which may result in seizure and/or the confiscation of the said devices and machinery by the Central or State Government or local authority or any public officer or authority under any law for the time being in force.

14. Governing Law and Jurisdictions

14.1 Both parties agree that, this agreement has been duly authorised and executed and is valid and binding and is enforceable in law in accordance with its terms;

14.3 The courts in Delhi shall have exclusive jurisdiction;

14.4 Should any provision of this agreement be or become ineffective or be held to be invalid, this shall not affect the validity of the remaining provisions. Any invalid provision in this agreement shall be replaced, interpreted or supplemented as the case may be in such a manner that the intended economic purpose of the agreement will be achieved;

14.5 This agreement is the complete and exclusive statement of the agreement between the parties and it supersedes all understanding or prior agreement, whether oral or written and all representations or other communications between the parties;

14.6 These terms and conditions are subject to the Indian Contract Act, 1872. The rules and regulation framed there under and any statutory modifications or re-enactment for the time being in force and any other Government regulations issued from time to time.

15. The Customer will not do any act or omit to do any act by which the right of the Owner to the said devices and machinery will be prejudiced.

16. If the Customer commits breach of any term or covenant contained in this agreement, the Owner will be entitled to terminate this agreement without any prior notice and on the expiration of the period this Agreement will stand terminated.

17. If this agreement is terminated by the Customer or the Owner as aforesaid or by efflux of time or duration of this agreement as aforesaid, the Customer shall at his own costs, return the said devices and machinery forthwith. This is without prejudice to the right of the Owner to take back possession of such devices and machinery by due process of law.

18. The termination of this agreement for any reason will not prejudice or affect the right of the Owner to recover from the Customer any amount payable by him to the Owner by virtue of this agreement.

19. The Owner does not guarantee any uptime availability of information or services at any point of time due to factors outside Owner's control, natural and manmade calamities, Electricity failure, related to add-on features for the service, (A) that resulted from Customer's or third party hardware, software or services, (B) that resulted from actions or inactions of Customer or third parties, (C) that resulted from actions or inactions by Customer or Customer's employees, agents, contractors, or vendors, or anyone gaining access to Owner's network by means of Customer's passwords or equipment, (D) that were caused by Customer's use of the Service after Owner advised Customer to modify its use of the Service, if Customer did not modify its use as advised.

20. The Owner shall not be liable for any indirect, incidental, special, consequential or punitive damages, or any loss of any life, whether caused directly or indirectly, or any other tangible or intangible losses, environmental, physical or mental hardships, hacking of information and services from (A) Customer access to or use of or inability to access or use the said devices and machinery; (B) any conduct or content of any third party on the said devices and machinery, including without limitation, any abusive or illegal conduct of other users or third parties; or (C) unauthorized access, use or alteration of the services being provided by the Owner or of the said devices and machinery.

21. The Owner reserves the absolute right and final authority of changing, modifying, altering, deleting any terms and conditions of this Agreement at any future point of time during the continuance of this Agreement and the Customer hereby consents to be bound of any such future terms and conditions which will be updated/available in the webpage /website of the Owner's registered company. The Customer hereby agrees to constantly check in the Owner's registered official webpage/website for any changes, modifications, alterations, deletion of any terms and conditions of this present Agreement and agrees to be bound by the same. If the Customer disagrees with any such anticipated changes at any future point of time the same may lead to termination of this present Agreement at the sole discretion of the Owner.

22.The Owner will keep all the data/information/trappings arising out of the use of the said devices and machinery rented to the Customer in private, confidential and in safe custody as par as permitted by law unless the Government or Court of Law requires the Owner to divulge the same at any point of time.

23. This Agreement is signed by both the parties in a state of sound mental and physical firmness and fitness to fully comprehend the nature and consequences of this Agreement and is not under the influence, pressure or force of either parties or any third party for that matter while signing this Agreement.

24. In case of any dispute or difference arising between the parties regarding the meaning, construction, interpretation, breach or fulfilment or non-fulfilment of the terms and obligations or any clause or condition thereof of this agreement signed between both the parties i.e. the owner and the customer, the decision of the court within the jurisdiction of which the registered office of the owner at present/in future locate in New Delhi, India will be the Court of Competent jurisdiction. Each party submits to the jurisdiction of the courts exercising jurisdiction there in connection with matters concerning this Agreement.

25. The stamp duty and other incidental expenses relating to the execution of this Agreement will be borne by the Customer. IN WITNESS WHEREOF, the parties hereto have executed these presents, the date, month and year first therein above mentioned.