Please note that this registration page and service agreement applies only to G3 Fleet CyberTrak units which serial number/ ESN begins with 221 or M8B that are a part of a FLEET program.
Company Name *: Fleet Manager/ Contact *: Billing Address (No P.O. Boxes)*: City*: State*: Zip Code*: Phone #*: Fax # :
E-Mail*: Time Zone*: PST (Pacific Standard Time) MST (Mountain Standard Time) CST (Central Standard Time) EST (Eastern Standard Time) Observe DST: User Name*: Password (5 character max)*: Confirm Password*:
Dealer Name*: Salesperson Name*: Dealer Telepone #*: Dealer Fax #:
Please enter the 13 character (alpha-numeric) serial number(s) as they appear on the box/unit:
Please add these units to my existing CyberTrak account.
Buyer agrees to a 1 year service commitment at a rate of $39.95 per month, per vehicle, billed in quarterly installments. (See terms). Credit Card Holder's Name*: Credit Card Type*: Visa MasterCard Discover American Express Credit Card # *:
Expiration Date (MM/YY)*: / Verification #*:
TERMS AND CONDITIONS THE TERMS AND CONDITIONS SET FORTH ON THIS FORM CONSTITUTES THE ENTIRE AGREEMENT (THE "AGREEMENT") BETWEEN CYBERTRAK A SUBSIDARY OF DAVID LEVY COMPANY, INC. ("CYBERTRAK") AND BUYER ("BUYER"). CYBERTRAK WILL NOT BE BOUND BY ANY TERMS OF BUYER'S ORDER THAT ARE INCONSISTENT WITH THE TERMS HEREIN.. 1. General: The terms and conditions of sale contained herein apply to all quotations made and purchase orders accepted by CYBERTRAK. Acceptance of Buyer's order by CYBERTRAK will be made only on the express understanding and condition that insofar as the terms and conditions in this Agreement conflict with any terms and conditions in Buyer's order, the terms and conditions of this Agreement shall govern. If a quotation or purchase order is accepted by CYBERTRAK, then the date of the Agreement shall be the Effective Date set forth on the face of this form. All information gathered from Buyer in connection with the use of the Products and the CYBERTRAK service will be governed by the CYBERTRAK Privacy Policy, as may be modified from time to time, located at www.gpstrackit.com and which policy is incorporated herein by reference and made a part of this Agreement. 2. Prices, Taxes, Payment: Any written price quotation, either pursuant to this Agreement or any other form, shall become void unless accepted by Buyer within thirty (30) days of the date thereof, unless sooner revoked or rejected by CYBERTRAK. All prices quoted, all orders accepted, and all billings rendered are exclusive of all shipping, federal, state/province and local withholding, excise, sales, use and similar taxes, fees, or charges imposed by any governmental authority on this transaction. Buyer will reimburse CYBERTRAK for any such tax, fee or charge, at the time of sale or thereafter, that CYBERTRAK is required to pay. Terms of payment for parts and equipment are due at signing of this Agreement. CYBERTRAK Quarterly Service Fees will be invoiced in advance. Terms of payment for the quarterly CYBERTRAK services are due on signing of this Agreement and quarterly invoices are to be paid net fifteen(15) days from date of invoice. In the event that payment is not received within such fifteen-day period, any unpaid balance shall bear interest at the rate of 1 1/2 % per month, or the maximum amount allowed by law, if lower. The late charge shall be assessed for every month a balance remains unpaid and shall be prorated on a daily basis for each day the payment is overdue. Service billing will begin one (1) working day after contract has been received by CyberTrak and regardless of whether the Products have been installed in Buyer's vehicles. CYBERTRAK may charge Buyer a fee of $50.00 for any check returned due to insufficient funds. CYBERTRAK may perform credit verification on Buyer, as CYBERTRAK deems necessary in its discretion. The amount of credit may be changed or withdrawn completely by CYBERTRAK at anytime. If any proceeding is brought by or against Buyer under bankruptcy or insolvency laws, CYBERTRAK shall be entitled to cancel service immediately. CYBERTRAK may suspend or terminate service to Buyer, without liability, if Buyer breaches any portion of this Agreement, including nonpayment of fees due to CYBERTRAK. If Buyer promptly cures any such breach, CYBERTRAK may, at its sole option, reactivate service upon payment by Buyer of CYBERTRAK's most current restoration fee then in effect, which shall be no less than $50.00 per locator purchased by Buyer. 3 Terms and Conditions Cont. 3. Cancellation and Expiration: In the event that CYBERTRAK terminates this Agreement for breach by Buyer, the parties agree that the damage suffered by CYBERTRAK from such breach will be difficult to ascertain. As a result, upon such termination Buyer agrees to pay CYBERTRAK, as liquidated damages and not a penalty, an Early Termination Fee equivalent to $150.00 per device. Buyer shall pay the Early Termination Fee to CYBERTRAK net ten (10) days from date of final invoice. If Buyer cancels this Agreement in writing within the first thirty (30) days after installation of product, then (i) the Early Termination Fee shall not be invoiced; (ii) the first and second months airtime fees shall be forfeited and CYBERTRAK will refund the 3rd month within 45 days of written cancellation. CYBERTRAK shall not bear costs of product removal. Upon the expiration of the Commitment Term, CYBERTRAK will continue to provide service under this Agreement on a month-to-month basis unless Buyer enters into a new Commitment Term. 4. Title and Delivery: CYBERTRAK shall deliver the Products to a common carrier for shipment within twenty-one (21) days of the contract Date. Risk of loss shall pass to Buyer at the time the Products are delivered to such common carrier. CYBERTRAK shall not be liable for any delay in transportation of products. In the event of any default by Buyer, CYBERTRAK may decline to make further shipments without in any way affecting its rights under this Agreement. CYBERTRAK will not be charged with any liability for delay or non-delivery of Products, when caused by any cause beyond the reasonable control of CYBERTRAK. 5. Acceptance: Buyer shall have fifteen days after delivery to inspect and to test each Product shipped by CYBERTRAK to Buyer. During such fifteen (15) day period, if buyer determines that any such Product fails to meet the specifications set forth in CYBERTRAK's documentation for the CYBERTRAK Product, the Buyer may reject such Product by notifying CYBERTRAK in writing of such rejection. Any Product not rejected by the Buyer within the fifteen (15) day acceptance period under this Section shall be deemed accepted by the Buyer. Warranty: The Products sold hereunder shall conform to the terms of CYBERTRAK's standard warranty for such Products and which warranty is incorporated herein by reference. CYBERTRAK MAKES NO OTHER WARRANTY, EXPRESS OR IMPLIED, WITH RESPECT TO THE CYBERTRAK PRODUCTS SOLD HEREUNDER. CYBERTRAK EXPRESSLY DISCLAIMS THE IMPLIED WARRANTIES OF MERCHANTABILITY AND OF FITNESS FOR A PARTICULAR PURPOSE. Nothing herein shall be construed as providing or intending to provide WebTech's warranty to Buyer set forth above to any customer(s) of Buyer. Limitation of Liability: CYBERTRAK SHALL NOT BE LIABLE FOR COSTS OFPROCUREMENT OF SUBSTITUTE PRODUCTS OR SERVICES, NOR FOR ANY LOSS OF BUSINESS, LOSS OF USE OR OF DATA, INTERRUPTION OF BUSINESS, LOST PROFITS OR GOODWILL, OR OTHER INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY OR ON SEQUENTIAL DAMAGES OF ANY KIND ARISING OUT OF THIS AGREEMENT, EVEN IF CYBERTRAK HAS BEEN ADVISED OF THE POSSIBLITY OF SUCH LOSS, AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. THIS EXCLUSION INCLUDES ANY LIABILITY THAT MAY ARISE OUT OF THIRD-PARTY CLAIMS AGAINST BUYER. CYBERTRAK"S TOTAL LIABILITY UNDER THIS AGREEMENT SHALL IN NO EVENT EXCEED THE PRICE PAID BY BUYER FOR SUCH PRODUCT. 6. Buyer acknowledgements: Buyer acknowledges that (i) data collected by the Products while out of coverage or without calling connectivity may not be stored and retrieved by Buyer when within coverage or calling connectivity is restored; (ii) data collected by the Products are not provided in real time and delays in receipt of data are normal; (iii) data will be stored on the CYBERTRAK server for 35 days, after 35 days the data will be archived and the customer will be charged for any data retrieval. (iv) Product antennae should have an unobstructed view of the sky; (v) the Products may not operate in enclosed spaces, in buildings, between tall buildings, underground or in canyons; (vi) although portions of the CYBERTRAK Products (including the CYBERTRAK service) are encrypted, CYBERTRAK Products (including the CYBERTRAK service) are capable of being intercepted without knowledge of or permission from CYBERTRAK by third parties; (vii) CYBERTRAK is not responsible for the terms, conditions or obligations 4 Terms and Conditions Cont. arising from agreements between Buyer and any cellular network or airtime provider in connection with the Products or CYBERTRAK service; (viii) Buyer may not be able to cancel agreements between Buyer and its cellular network or airtime provider upon commercially reasonable terms or at all (ix) CYBERTRAK assumes no responsibility for improper storage of data or information or delivery of messages; and (x) Buyer assumes the entire risk in downloading or otherwise accessing any data, information, files or other materials obtained from the CYBERTRAK website, even if Buyer has paid for or otherwise been provided virus protection services from CYBERTRAK. (xi) CYBERTRAK retains the rights to anonymous summary data analysis. 7. Coverage and Data Transmission: The Products and the CYBERTRAK service are dependent on the coverage and calling areas of cellular networks owned and operated by third parties. Coverage and calling areas are approximate and do not cover significant portions of North America. Actual coverage and operation of the Products depends on system availability and capacity, system and equipment upgrades, repairs, maintenance, modifications and relocation, Buyer's equipment, terrain, signal strength, structural conditions, weather and atmospheric conditions, governmental regulations, suspected fraudulent activities, acts of God and other conditions beyond CYBERTRAK's reasonable control. CYBERTRAK will not be responsible for limits in coverage or performance degradation due to any such conditions. Buyer acknowledges that coverage and calling areas may be interrupted, halted, or curtailed or the quality of the transmission may be diminished at any time. The Products and the CYBERTRAK service are dependent upon the availability of the Internet, which is owned and operated by and accessed through third parties. 8. High Risk Activities: The Products and any modifications, alterations, additions or changes to the Products, are not fault tolerant and are not designed, manufactured or intended for use in life support, emergency, mission critical or other ultra-hazardous activities ("High Risk Activities"). CYBERTRAK specifically disclaims any express or implied warranty of fitness for such High Risk Activities. Buyer represents and warrants that it will not use, or permit to be used, the Products for such High Risk Activities, and Buyer agrees to fully indemnify and hold harmless CYBERTRAK for any damages or other losses resulting from such use. 9. Force Majeure: Notwithstanding anything else in this Agreement, no default, delay or failure to perform on the part of CYBERTRAK shall be considered a breach of this Agreement if such default, delay or failure to perform is shown to be due to causes beyond the reasonable control of CYBERTRAK, including without limitation, failure of a GSM/GPRS or cellular network or the Internet network, strikes, lockouts or other labor disputes, riots, civil disturbances, actions or inactions of governmental authorities or suppliers, epidemics, war, embargoes, severe weather, fire, earthquakes, acts of God or the public enemy, nuclear disasters, or default of a common carrier. 10. Technical Data: Buyer shall not without CYBERTRAK's prior written consent use, duplicate, or disclose any technical data, or any information on the construction of the Products delivered or disclosed by CYBERTRAK to buyer for any purposes other than for the installation, operation or maintenance of the Products. 11. Security Interest: CYBERTRAK reserves, until full payment has been received, a purchase money security interest in the Products. Buyer agrees to execute any document appropriate or necessary to perfect the security interest of CYBERTRAK, or in the alternative, CYBERTRAK may file this Agreement as a financing statement and/or chattel mortgage. 12. Governing Law and Venue: This Agreement and performance by the parties hereunder shall be construed in accordance with the laws of the County of Los Angeles in the state of California. 13. Assignment: Buyer shall not assign its order, this Agreement or an interest therein or any rights hereunder without the prior written consent of CYBERTRAK. 14. Headings: The headings used in this Agreement are for convenience only and no meaning shall be ascribed to such headings. 15. Entire Agreement: This Agreement between Buyer and CYBERTRAK in connection with the 5 Terms and Conditions Cont. Products or parts thereof constitutes the entire agreement between CYBERTRAK and Buyer and supersedes all previous communications, representations and agreements, whether oral or written, between the Buyer and CYBERTRAK with respect to the subject matter hereof. This Agreement may not be modified, supplemented, qualified, or interpreted except in writing signed by Buyer and CYBERTRAK. The failure by CYBERTRAK to enforce at any time any of the provisions in this Agreement will in no way be construed as a waiver of such provisions. 16. BUYER ACKNOWLEDGES THAT, AS WITH ANY MAPS OR DRIVING DIRECTIONS, BUYER SHOULD ALWAYS RECHECK DIRECTIONS AND DRIVING CONDITIONS FOR ACCURACY AND CONFIRM THAT THE ROAD STILL EXISTS, BE AWARE OF CONSTRUCTION AND OTHER HAZARDS AND FOLLOW ALL SAFETY PRECAUTIONS AND LAW. THE PRODUCTS AND THE CYBERTRAK SERVICE ARE TO BE USED ONLY AS AN AID IN PLANNING. 17. BY SIGNING THIS AGREEMENT, THE BUYER ACKNOWLEDGESTHAT IT HAS READ THIS AGREEMENT, UNDERSTANDS IT, AND AGREES TO BE BOUND BY ITS TERMS AND CONDITIONS.
