Company Registration # 06277731
Unit 7 Brooklands Court, Kettering Venture Park, Kettering, Northamptonshire, NN15 6FD
TERMS AND CONDITIONS OF SALE AND SUPPLY
Updated 17th September 2025
1. General
1.1 These Terms and Conditions of Sale and Supply (the Terms) shall apply to all orders for Products and/or Services sold, rented or supplied by Track It Now Limited (Trackitnow) (registered in England and Wales CRN 06277731 with registered office at Unit 7 Brooklands Court, Kettering Venture Park, Kettering, Northamptonshire, NN15 6FD) and shall supersede any terms and conditions that previously applied to such orders.
1.2 Orders are concluded either via: (i) an online electronic paperless completed customer contract electronically signed by the Customer; or (ii) an online electronic paperless order document which is completed and electronically signed by the Customer, both of which shall form the contractual agreement (the Agreement).
1.3 Any Order will be deemed complete when the Customer has electronically signed the order paperwork referenced above and after a 14-day calling-off period (COP) has elapsed. The 14-day COP may elapse before the equipment supply or installation. A copy of the customer agreement will be emailed to the customer when each individual device is connected. It is the customers responsibility to keep a copy of the original agreement.
1.4 If the Customer has not accepted these Terms by electronic signature on the order paperwork referenced above, the Customer shall nonetheless be deemed to have accepted these Terms on payment of the first invoice to which these Terms are attached or which these Terms accompany in an invoicing email.
1.5 Customers may from time to time receive further additional order tickets for additional or alternative Products and/or Services, which may be formally accepted by the Customer via electronic signature. Once signed and accepted by the Customer, such order tickets will be deemed to amend the terms of the Customer’s Agreement accordingly.
1.6 For the purposes of this document:
1.6.1 the term Order shall mean an order for Products and/or Services
1.6.2 the term Product shall include any vehicle tracking device, including the hardware, software, terminals, antennae, cables and any ancillary equipment and accessories, (including cameras and camera consumables), either specified on the order or otherwise provided to the Customer for use in a variety of vehicles, individuals and crafts including cars, vans, HGV trucks, people, personnel, boats, planes, helicopters and trailers.
1.6.3 the term Platform shall mean the Trackitnow Web platform(s), Apps including online VCA Apps, Tachograph remote download portal, Tachograph analysis portal, enabling viewing of Product movements and portable data.
1.6.4 the term Services shall include any delivery, installation, customisation, repair, replacement and/or hosting of Products, Platform or provision of data, reports or other information by any medium, either specified on the order or otherwise provided to the Customer as further described in Part 1 of Schedule1;
1.6.5 the term SIM Card shall mean any subscriber identity module used in any of the Products;
1.6.6 the term Customer shall mean any company, partnership, association or individual entering into a contract for the purchase, lease or rent of Products or Services from Trackitnow.
1.7 All Agreements for the sale of Products and/or the supply of Services made by Trackitnow are deemed to include these Terms which shall prevail over any other document or communication between the parties unless otherwise agreed in writing.
1.8 If any part of the Terms should be found to be invalid or unenforceable by a court or other competent authority, then the rest shall not be affected.
1.9 The titles for the Sections of these Terms are used only for the convenience of reference and organisation and shall not be used to modify, explain, or interpret any of the provisions of the Agreement.
1.10 Each of the parties agrees that the content of the Order and these Terms represent the entire agreement and understanding between them in relation to the subject matter of the Agreement.
1.11 Any notice to be given in respect of these Terms by either of the parties shall be either in writing, and delivered to the registered office or principal place of business of the other. For Trackitnow or electronically - all notices must be sent to Trackitnow Limited, Unit 7 Brooklands Court, Kettering, NN15 6FD or if via email to: This email address is being protected from spambots. You need JavaScript enabled to view it. - (please obtain a read receipt).
1.12 Please see the Trackitnow website for the latest version of these Terms.
2. PRICES AND PAYMENT TERMS
2.1 Hardware is supplied on a ‘Cash with Order’ basis and/or added to an existing monthly direct debit.
2.2 All monthly charges are payable in advance and invoiced on the 1st of each month and taken by Direct Debit on or before the 14th of each month.
2.3 If the 14th falls on a weekend or public holiday, the charges will be taken on the “working day” falling immediately before the 14th.
2.4 If unpaid monthly invoices are not cleared by the 1st of the following month, Services may be suspended by Trackitnow.
2.5 All customers are liable for monthly invoicing for a minimum of the contracted term.
2.6 Unless otherwise agreed in writing, payment is to be made by direct debit and the Customer agrees to maintain a valid direct debit mandate with Trackitnow. Trackitnow may charge reasonable costs for accepting payment other than by direct debit.
2.7 Trackitnow reserves the right to charge for all reasonable costs incurred, including all legal actions and any court costs attributed to the recovery of any unpaid debt or Product.
2.8 Trackitnow reserves the right to reasonable measures to re-possess all Trackitnow-owned (rental or leased) hardware that is subject to the non-payment of an invoice. All legal and recovery costs will be added to the outstanding debt.
2.9 Price quotations are only valid if expressed in writing by Trackitnow and only for the quantity of Products and/or type of Services and time period stated in its quotation.
2.10 If not stated, the validity period of any price quotation is 30 days.
2.11 Prices shall apply as specified in the Order and are payable in Sterling and subject to VAT and any other applicable taxes at the applicable rate at the date of despatch.
2.12 Trackitnow may at its discretion, on an annual basis, increase any then-current prices as follows: the increase in prices shall be a maximum of 5% higher than the percentage increase in the UK Average Weekly Earnings (AWE) Index as published by the Office for National Statistics, based on the year ending two months before the month of the price increase. In no event shall this calculation result in a decrease in pricing. If two or more invoices of the same Customer are consolidated, the weighted average of the date of the last price increase shall be used to determine the date of the next price increase on the consolidated invoice.
2.13 Out of Contract service charges: Trackitnow may at its discretion reserve the right to increase the monthly service charge by the current Retail rate plus a 25% surcharge.
2.14 If any payment is not made by the Customer by the due date, Trackitnow reserves the right to charge interest at the rate of 4% above the Barclays Bank Plc base rate until payment is received in full.
2.15 An administration charge of £20 will be made in the case of each failed or cancelled direct debit in addition to interest charges.
2.16 If the Customer agrees to lease or hire the Products from a third party such as a finance company, it is the Customer’s responsibility to ensure that all lease or hire agreements, payment guarantees, acceptance notes and initial payments are completed satisfactorily within 7 days of delivery.
2.17 If the Customer fails to comply with this requirement or the 3rd party fails to pay Trackitnow within 30 days from delivery, Trackitnow shall invoice the Customer directly for the Products. Such invoice shall be payable by the Customer within 7 days.
2.18 The SIM Card is the property of Trackitnow and integral to the Products supplied and so provided to the Customer without additional charge.
2.19 A lost or non-returned SIM Card fee of £20 will be charged to the Customer if the SIM Card is not returned to Trackitnow at the end of the term of the Agreement. This charge is in addition to any non-returned Product fees for rental hardware. In the event that the SIM Card is removed from the Product and used in another device for any purpose, the Customer is liable for all charges incurred in relation to the use of such SIM Card.
3.1 If a Customer wishes to cancel an Order, then this must be done in writing to: Trackitnow Ltd, Unit 7 Brooklands Court, Kettering, NN15 6FD or via email to: This email address is being protected from spambots. You need JavaScript enabled to view it. (Customer to obtain a read receipt).
3.2 Any cancellation of an Order can only be accepted within 14 days of the Order confirmation being
received by Trackitnow by email.
3.3 If the Products have been shipped, then the Customer must request an RMA number and form from Trackitnow, and then return the Products to the address above via postal tracked means in full working order complete with the original packaging within 14 days from the date of Order. The Products must not have been installed and the RMA number must be displayed clearly on the outside of the box and the RMA form must be enclosed with the returning Products.
3.4 Trackitnow will refund the value of the Products supplied (less the restocking fee referred to in clause 3.6 below) once such Products (which have not been installed) have been received by Trackitnow complete with all original packaging, having been tested and confirmed as working by a member of the Trackitnow team.
3.5 Refunds will only be issued for Products received within 14 days of the date of original purchase, and a copy of the original invoice must be included with the Products. Trackitnow will not refund any carriage charges either way. Trackitnow reserves the right to charge a 20% restocking fee on the value of all Orders.
3.7 In the case of Products purchased by the Customer, the Customer shall be fully responsible for financing and implementing the environmentally sound disposal (or a suitable alternative) of the Products when they are no longer required and it shall do so in full compliance with all applicable laws and regulations, including but not limited to the Waste Electrical and Electronic Equipment Regulations 2013/WEEE.
3.8 Alternatively, the Customer and Trackitnow may mutually agree for the Products to be sent to Trackitnow (at the Customer’s cost) and for Trackitnow to arrange for the environmentally sound disposal (or a suitable alternative) of the Products.
4. DELIVERY AND INSTALLATION
4.1 Trackitnow will use all reasonable endeavours to deliver all Products within 14 working days (subject to stock availability) from the date of payment.
4.2 Products will be shipped or electronically distributed by traceable means. Hardware will be delivered via the shipping partner as engaged by Trackitnow from time to time.
4.3 All delivery times and dates are approximate, but Trackitnow shall use its reasonable endeavours to ensure Products arrive within the expected time scales. Time shall not be of the essence, and Trackitnow shall not be liable for any loss or damage resulting from late delivery or from its failure to respect an appointment for installation.
4.4 If the Customer delays the receipt and installation of any Products beyond 30 days from the shipment date of the first Product within that Order, Trackitnow shall be entitled to deliver the remaining Products to the Customer’s delivery address, installation shall be deemed to be complete and Trackitnow shall be entitled to connect the Products, commence the Services and invoice accordingly.
4.5 The Customer shall provide a free, safe and adequate location for the install to take place. Any parking charges and parking fines associated with parking in connection with any install, reinstall or de-install shall be paid for by the Customer or the value of any parking charges or fines shall be passed on to the Customer at a later date.
4.6 Installation of software onto Customer computers is done with the understanding that Trackitnow takes no responsibility for any problems arising in relation to either software or hardware that may occur whilst doing so and it is also the Customer’s responsibility to ensure that all data on impacted computers are backed up before any installation of software by Trackitnow. All computer remote takeovers requested by the Customer from time to time shall be chargeable by Trackitnow.
5. TITLE AND RISK
5.1 Title in Products purchased by the Customer passes upon the later of: (i) full payment; or (ii) delivery, and until then the Customer must (if they have taken possession of the Products prior to payment) insure and store the Products separately and maintain them in good order.
5.2 Title in Products rented by the Customer shall remain vested in Trackitnow and these Products must be returned to Trackitnow at the expense of the Customer in good working order at the end of such rental and the Customer must have maintained them in good and substantial repair during the period of such rental.
5.3 Title in the SIM Card shall remain vested in Trackitnow, or its provider of SIM Cards, in all circumstances.
5.4 Risk in the Products passes to the Customer upon their delivery to the Customer’s designated delivery address, regardless of whether purchased or rented, or whether installation has been completed or not.
6. PRODUCT USE AND SERVICES
6.1 The Customer shall use the Products and Services exclusively for the commercial purposes of its business and not for the private use of the Customer (or any person(s) associated with the Customer) or for any other purpose.
6.2 Trackitnow grants to the Customer a non-exclusive, non-transferable licence to use the Products and Services specified in the order during the term of the relevant Agreement, subject to these Terms and the terms of the relevant End User Licence Agreement/EULA attached at Schedule 2.
6.3 The Customer is not permitted to sub-license or alter the Products or Services in any way.
6.4 The Customer shall:
6.4.1 not sell, rent or otherwise make the Products and Services available to any third party without the prior written consent of Trackitnow;
6.4.2 not reproduce, modify, adapt, disassemble, decompile, recompile or reverse engineer the Products or create derivative works from them, except to the extent necessary to use the Products in accordance with these Terms;
6.4.3 not use the Product to create any product that is substantially similar in its expression to the Product;
6.4.4 not use the Product in any unlawful manner or transmit any material as part of its use of the Products and Services that is unlawful, defamatory, obscene, infringing, harassing, discriminatory or similar;
6.4.5 not act in such a way that the operation of the Services, or the operation of any network through with the Services are made available (a “Network”) may be jeopardised;
6.4.6 not be involved in any fraudulent or other unauthorized use of the Network or any Services; and
6.4.7 comply with all applicable laws and regulations with respect to its activities.
6.5 The Customer shall use the Products and Services only in the country in which the Products were originally delivered or in which they were originally installed.
6.6 The Customer shall not transport the Products to a different country than the country of their original delivery/installation unless Trackitnow gives such written permission.
6.7 If the Customer does use the Products or Services in another country, or otherwise transfers the Products to another country, Trackitnow shall have the right to take such action as is necessary to protect its legitimate business interests (to be determined in Trackitnow’s sole discretion), including but not limited to increasing the price or terminating the Agreement.
6.8 The Customer agrees that it shall limit its use of those Products and Services which involve the potential for significant transfers of data (the “Variable Data Products and Services”) to a reasonable level.
6.9 The Variable Data Products and Services include but are not limited to the alerts functionality, the Trackitnow web service, the integrated cameras and the Trackitnow mobile application.
6.10 The Customer shall not overuse the Variable Data Services and shall limit the transfer of data through such Products and Services to a reasonable level.
6.11 If Trackitnow, acting in its sole discretion, determines the Customer to be overusing or transferring too much data through any of its Variable Data Products or Services, Trackitnow shall have the right to take such action as is necessary to protect its legitimate business interests (to be determined in Trackitnow’s sole discretion), including but not limited to increasing the price, limiting the use of the Variable Data Products and Services or terminating the Agreement.
6.12 The Customer acknowledges that it is solely responsible for the content of the data generated by the Products and/or its use, including but not limited to vehicle tracking data and camera footage.
6.13 The Customer shall indemnify and hold harmless Trackitnow and its officers, employees and agents, to the fullest extent permitted by law, against any and all losses, costs, claims and liabilities whatsoever arising in any way directly or indirectly out of or in connection with the content of such data, including without limitation investigations and prosecutions, and claims for libel, slander, infringement of copyright, breach of data protection legislation, breach of other applicable laws, personal injury or death.
6.14 Trackitnow shall be under no obligation to mitigate any of the above.
6.15 To the extent the Customer makes use of addressing information as part of the Services, the Customer shall be bound by Google’s terms of service, available at https://policies.google.com/terms?hl=en.
7. SERVICE LEVELS AND HARDWARE WARRANTY
7.1 Trackitnow shall comply with the Service Levels as set out in Part 2 of Schedule 1.
7.2 All Products sold or rented to the Customer are subject to the terms of the Trackitnow Warranty as set out in Part 3 of Schedule 1 (the TrackitNow Warranty) unless otherwise stated on the Order confirmation.
7.3 Should the Products be defective within the warranty period as set out in the TrackItNow Warranty, Trackitnow will repair or replace the Products within a reasonable time using components or replacement Products that are new or equivalent in accordance with the TrackItNow Warranty terms.
7.4 If the installation or de-installation, is carried out by the Customer or a person appointed by the Customer who is not authorised by Trackitnow, Trackitnow shall not be liable for any loss or damage whatsoever, arising directly or indirectly as a result of the installation and all warranties (including the TrackItNow Warranty) on the Products become void.
7.5 Trackitnow does not warrant that the Products or Services are fit for any particular purpose, nor that that the Services will be without disruption, nor that any Products or Services will generate any financial saving or benefit for the Customer, nor that any reports, data or information provided as part of the Services will be free from errors, omissions, inaccuracies or nonconformities, and Trackitnow shall have no liability or obligation to the Customer in this respect except as provided hereunder.
7.6 Subject to Trackitnow’s data protection obligations under the Agreement, Trackitnow shall not be liable and makes no warranty for the security or integrity of any connection or transmission used in the provision of the Services. Trackitnow shall not be liable for and provides no warranty for any damage caused by the Customer or his representative or any unauthorised 3rd party through incorrect installation, use, modification or repair of the Products, nor for any accidental or other damage to the Products caused by any party or external force.
7.7 All Products that are not manufactured by Trackitnow (including, without limitation, the cameras) are subject to the terms of the warranty of the manufacturer of the Products and Trackitnow does not provide any warranty in respect thereof.
7.8 Whilst Trackitnow uses reasonable endeavours to minimise the risk of any security vulnerability in its systems, the Customer acknowledges that its use of the Products and Services, and its communications with Trackitnow, present a level of inherent cyber risk, particularly where the Customer does not itself implement adequate cyber security measures. As such, subject at all times to its data processing obligations under the Agreement, Trackitnow shall not be liable for any loss incurred by the Customer as a result of any virus, malware or other harmful software introduced to the Customer’s information systems, or any third-party access unlawfully gained to the Customer’s information systems, where such events take place beyond the reasonable control of Trackitnow.
7.9 The TrackItNow Warranty shall not apply in respect of normal wear and tear to a Product or in the event that any defect, damage, deterioration or malfunction of a Product arises due to:
7.9.1 misuse, damage, negligence or lack of maintenance or supervision by the Customer;
7.9.2 due to any shock, fall or other accident involving the Product;
7.9.3 in the event of technological obsolescence outside of Trackitnow’s reasonable control;
7.9.4 due to a shutdown of the generation of network by Trackitnow’s provider.
7.10 The Products and Services are not sold as anti-theft devices.
7.11 Trackitnow shall not be liable for failure to provide the Services to the Customer due to any factor outside of its control, including but not restricted to failure by third parties, i.e. mobile phone networks / data, internet providers, GPRS and GPS services, etc.
7.12 The Customer should note that internal Product batteries are not covered by any warranty if they wear down for any reason other than during normal use. Internal batteries are used to provide a "last contact" update to the server for up to a few minutes after the power is cut or removed. The internal battery has a time limited warranty for 6 months from the time and date of the first installation. The Customer should note that battery reliability can degrade significantly over time, based on a wide variety of use-case and charging cycle and temperature factors. Due to the unpredictability of the internal battery after the initial 6 months, some Customers may decide to request the battery is replaced to increase the reliability of last contact data transmission (ie when the power is cut/removed). The Customer should request the internal battery change in writing. Please contact support for further details.
7.13 SD memory cards have a time limited warranty of 6 months from the time and date of first installation. Due to the unpredictability of the product, data can be corrupted or lost and Trackitnow shall not be liable for any such corruption or loss of data.
8. SPECIFIC INDUSTRY DISCLAIMERS
8.1 Trackitnow Products and Services are not fault-tolerant and are not designed or intended for use in hazardous environments requiring fail-safe performance, such as in the operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, weapons systems, life support machines or any other application in which the failure of the Products or Services could lead directly to death, personal injury or severe physical or property damage (collectively, “High-Risk Activities”). Trackitnow expressly disclaims any express or implied warranty of fitness for High-Risk Activities.
8.2 The Services utilize GPS (Global Positioning Satellite) technology to establish geographic location information and the parties acknowledge that it is impossible to determine or guarantee GPS service quality and availability in any area at all times.
8.3 Some Services incorporate features that permits a vehicle or an operator or other person to transmit a distress/alert message or similar message. Trackitnow makes no representation or warranty that any such messages will be received by the intended recipient or have any particular effect or permit any person to operate safely in isolation from other persons or from resources such as fuel, food, water, medical assistance, or other essential resources or ensure security of a vehicle. The Services are not a substitute for other means of security and safety, including obtaining police, fire, medical, or other assistance. The Customer will indemnify, defend and hold harmless Trackitnow from and against any third party claim, suit or action that arises out of, or relates to, any use of, or reliance upon, any such feature.
8.4 Trackitnow makes no representation or warranty that `incident recording capability` will record any particular incident or that the record, if any, of a particular incident, will be effective to support an insurance claim, recovery against a third party, or otherwise.
8.5 Communication used in the Services are provided by third party telecommunication providers (each a “TC”) and the Customer understands and agrees that:
8.5.1 the Customer has no contractual relationship with any TC;
8.5.2 the Customer is not a third-party beneficiary of any agreement between Trackitnow and a TC;
8.5.3 no TC has any liability of any kind to the Customer, whether for breach of contract, warranty, negligence, strict liability in tort or otherwise;
8.5.4 messages may be delayed or deleted at any time and may not be delivered; and
8.5.5 the TC cannot guarantee the security of wireless transmissions and will not be liable for any lack of security relating to the use of the Services.
8.6 In the event that the Customer’s use of Services results in excessive communications usage, Trackitnow shall be at liberty to suspend the Services in relation to the relevant vehicle or asset, for a reasonable amount of time, on notice to the Customer, until Trackitnow is able to assess the cause and implement a solution.
9. INTELLECTUAL PROPERTY RIGHTS
9.1 Trackitnow will retain all copyright, rights in inventions, rights in designs, database rights and other intellectual property rights in the Products and Services and the results of the Services.
9.2 Nothing transfers or shall oblige Trackitnow to transfer to the Customer any such intellectual property rights, and all rights thereunder that are not expressly granted to the Customer in these Terms are reserved to Trackitnow.
9.3 All intellectual property rights subsisting in the database accessible via the Services and each and every piece of information provided through the Services (the Information) is owned by Trackitnow or the providers of such Information.
9.4 The Customer may use Information retrieved from the Services only for its own purposes which means (without limitation) that the Customer may not sell, resell, retransmit or otherwise make the Information retrieved from the Services available in any manner or on any medium to any third party unless the Customer has obtained Trackitnow’s prior written consent.
9.5 Trackitnow may use the Information, in an aggregated form, with data from other vehicles, to monitor road usage, provide information regarding traffic flow and journey times and to analyse general driving behaviour.
9.6 This aggregated data, which shall contain no personal data or confidential information of the Customer, may be shared with or supplied to third parties by Trackitnow.
10. SIM cards AND SD MEMORY CARDS
10.1 The Customer shall not remove, or permit or allow others to remove, any SIM Card from any of the Products.
10.2 The Customer is responsible for the loss or theft and any consequent (including fraudulent or improper) usage of the SIM Cards.
10.3 In the event that Trackitnow has reasonable grounds to believe that the Customer may be in breach of the provisions of this clause, Trackitnow may, at its sole discretion, discontinue the provision of Services to the Customer on any one or all of the Products supplied to the Customer.
10.4 Any SIM card supplied remains the property of Trackitnow, but it is the Customer’s responsibility to keep it safe.
10.5 SIM cards should not be removed from the Products as it will void any warranty.
10.6 Trackitnow will replace any SIM card found to be defective through faulty design or workmanship. In any other circumstances, Trackitnow may charge for replacing it.
10.7 Trackitnow reserves the right to recall any SIM card from the Customer at any time to enhance or maintain the quality of the Services.
10.8 Trackitnow cannot be held responsible for the failure of the service provided to Trackitnow by the GSM providers/networks.
10.9 The Customer must inform Trackitnow immediately if the SIM card supplied in the Products is lost, stolen or damaged, and the Customer will remain liable for all charges incurred until Trackitnow has been notified.
10.10 Trackitnow will send the Customer a replacement SD card as soon as reasonably practicable, but will charge the Customer for doing so.
10.11 There is a £20 charge applied to non-returned or lost SIM or SD cards.
10.12 SD camera storage memory cards are considered a consumable component and will wear out due to the frequent read/write actions. Trackitnow does not, therefore, guarantee the integrity of any SD memory card due to the variability in the use case between one Product and another, and video footage retrieval cannot be guaranteed.
11. CONFIDENTIALITY
11.1 Both Trackitnow and the Customer must treat all information received from the other marked ‘Confidential’, or which a reasonable person would understand to be confidential, as it would treat its own confidential information.
11.2 For the avoidance of doubt, information which has lawfully entered the public domain or is required to be disclosed by law shall not be considered confidential information. Information that is to be considered confidential may include, but not be limited to: business plans, lists of customers, operational and technical data and product plans.
11.3 The provisions of this clause shall survive the termination of any contract between the Customer and Trackitnow by three (3) years.
12. LIABILITIES
12.1 Nothing in the Agreement shall exclude or limit Trackitnow’s liability for death or personal injury caused by Trackitnow’s negligence nor its liability for fraudulent misrepresentation or otherwise insofar as such exclusion or limitation of liability is void, prohibited or unenforceable under applicable law; and any term that has the object or effect of excluding or limiting Trackitnow’s liability is subject to this sentence.
12.2 Subject to the other terms of this section, Trackitnow’s total liability for any one claim or for the total of all claims arising from one act of default on Trackitnow’s part arising under or in connection with the Agreement (whether in tort, contract, negligence, under indemnity or otherwise) shall not exceed the total amount paid by the Customer for the Products or Services in respect of which the relevant claim is made and, in any event, Trackitnow’s total liability in respect of all claims brought during any calendar year shall not exceed the total amount paid by the Customer in that calendar year.
12.3 In the case of any claim made against Trackitnow for disruption to the Services or any errors in the Information provided, Trackitnow’s liability shall not exceed the total price paid by the Customer for the Services in relation to the period of time during which such disruption or errors subsisted and only in respect of those Products for which the Services were affected.
12.4 Although the locating service offered by Trackitnow does in many cases aid the recovery of a stolen asset, generally, unless otherwise specified, all locating and tracking hardware and software services are offered as part of a suite of "fleet management tools" only and this does not include specifically "guaranteed asset recovery", in whole or in part of the value of the asset lost and not recovered. Trackitnow does not offer for sale or rental a "stolen/recovery" service. Trackitnow will not reimburse any person or company or third party for any loss sustained due to an asset being stolen and NOT recovered even when a Trackitnow tracking Product has been installed on the stolen asset.
12.5 Trackitnow shall not be liable to the Customer under or in connection with the Agreement (whether in tort, contract, negligence, under indemnity or otherwise) for any direct or indirect loss of revenues, profits, contracts, business, anticipated savings or other economic loss, or for loss of data, or for any special, indirect or consequential losses.
13. CONTRACTS (rights of third parties) ACT 1999
A person who is not a party to the Agreement has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of the Agreement but this does not affect any right or remedy of a third party which exists or is available apart from that Act.
14. FORCE MAJEURE
14.1 Trackitnow shall not be liable to the Customer for non-performance or delay in performance of any of its obligations under the Agreement or loss or damage of any Products due to acts of God, war, riot, civil commotion, embargo, strikes, fire, theft, delay in delivery or services of subcontractors or sub-suppliers or the non-performance of a subcontractor or sub-supplier due to a force majeure event, a cyber-attack on Trackitnow’s systems, shortage of labour or materials, confiscation or any other unforeseen event (whether or not similar in nature to those specified) outside the reasonable control of Trackitnow.
14.2 In particular, the Customer acknowledges that the Services may be temporarily unavailable, interrupted or limited because of atmospheric, terrain or other natural or artificial conditions, usage concentrations, or network repairs, any of which shall be deemed to be a force majeure event.
15. TERM AND TERMINATION
15.1 Trackitnow may terminate any contract with the Customer with immediate effect if the Customer does any act that might jeopardise the continuance of the Services.
15.2 Without affecting any other right or remedy available to it, either party may terminate this Agreement with immediate effect by giving written notice to the other party if:
15.2.1 the other party fails to pay any undisputed amount due under this Agreement on the due date for payment and remains in default not less than 60 days after being notified in writing to make such payment;
15.2.2 the other party commits a material breach of any other term of this Agreement which breach is irremediable or and (if such breach is remediable) fails to remedy that breach within a period of 30 days after being notified in writing to do so;
15.2.3 the other party repeatedly breaches any of the terms of this Agreement in such a manner as to reasonably justify the opinion that its conduct is inconsistent with it having the intention or ability to give effect to the terms of this Agreement;
15.2.4 the other party is unable to pay its debts as they fall due or admits inability to pay its debts or is deemed unable to pay its debts within the meaning of section 123 of the Insolvency Act 1986 as if the words "it is proved to the satisfaction of the court" did not appear in sections 123(1)(e) or 123(2) of the IA 1986;
15.2.5 the other party commences negotiations with all or any class of its creditors with a view to rescheduling any of its debts, or makes a proposal for or enters into any compromise or arrangement with any of its creditors other than for the sole purpose of a scheme for a solvent amalgamation of that other party with one or more other companies or the solvent reconstruction of that other party;
15.2.6 a petition is filed, a notice is given, a resolution is passed, or an order is made, for or on connection with the winding up of the other party other than for the sole purpose of a scheme for a solvent amalgamation of that other party with one or more other companies or the solvent reconstruction of that other party;
15.2.7 an application is made to court, or an order is made, for the appointment of an administrator or if a notice of intention to appoint an administrator is given or if an administrator is appointed over the other party;
15.2.8 the holder of a qualifying floating charge over the assets of that other party has appointed an administrative receiver;
15.2.9 a receiver is appointed over all or any of the assets of the other party;
15.2.10 a creditor or encumbrancer of the other party attaches or takes possession of, or a distress, execution, sequestration or other such process is levied or enforced on or sued against, the whole or any part of its assets and such attachment or process is not discharged within 14 days;
15.2.11 the other party ceases to carry on all or substantially the whole of its business.
Rental Term
15.3 The Customer will be subject to an agreed fixed initial rental period. After the expiry of the agreed fixed initial rental period, the arrangement will continue at the same monthly rate. The rental warranty will expire at the end of the initial rental term. The contact unless and until:
15.4 the customer has given Trackitnow three months’ notice to terminate the agreement (during this three-month notice period the customer still receives all Services and is still required to continue to pay at the normal monthly rate).
15.5 the customer has arranged for Trackitnow to uninstall all of the rented Products; and
15.6 the rented Products has been returned to Trackitnow.
15.7 The Customer may not cancel or terminate the Agreement until the minimum period specified in the Agreement has expired, following which either the Customer or Trackitnow may give one month’s notice to terminate.
15.8 Termination of this Agreement shall not prejudice any of the rights and remedies of the parties that have accrued as at termination and any provision of the Agreement which is expressly or by implication intended to survive the expiry or termination of this Agreement shall survive and continue in full force and effect.
Devices – Early Termination Charge
15.9 Any termination for Products still within the term of the Agreement are subject to an early termination charge equal to:
15.9.1 the sum of the value of the remainder of the individual Product agreement;
15.9.2 any removal costs where applicable; and
15.9.3 the value of any non-returned Products at the current charges and accessories.
15.10 Product agreements or contracts being terminated early or agreements and contracts that are past the Contract / Agreement expiry date are still subject to 3 months notice in writing, which will be calculated from the 1st of the following month, plus any removal costs where applicable plus the value of any non returned Products.
15.11 For the avoidance of doubt, if notice to terminate a Product contract or agreement is received by Trackitnow on the 5th April, then the last day of billing is 31st July.
16. ASSIGNMENT
16.1 The Customer shall not assign its rights or obligations under the Agreement, in whole or in part, to any third party without Trackitnow’s written approval.
16.2 Trackitnow may assign its rights or obligations under the Agreement, in whole or in part, to any third party without the Customer’s approval, provided that it gives the Customer no less than 30 days’ notice of such assignment.
17. DATA PROTECTION
17.1 Trackitnow’s Data Processing Terms, covering Trackitnow’s processing of personal data, form part of these Terms and are available on the Trackitnow website. In the event of any discrepancy between these Terms and Trackitnow’s Data Processing Terms, these Terms shall take precedence.
17.2 For the avoidance of doubt, the exclusions and limitations of liability expressed in these Terms shall also apply to all liability arising under or in connection with Trackitnow’s Data Processing Terms.
18. VARIATION
18.1 To the extent permitted by law, Trackitnow reserves the right, in its sole discretion, to revise or modify these Terms (including Trackitnow’s Data Processing Terms) from time to time without notice to the Customer, provided that in doing so it acts reasonably and any revisions or modifications do not materially change the overall substance of the Agreement.
18.2 Such revision or modification shall take effect when posted on Trackitnow’s website at the following addresses:
18.2.1 Terms and Conditions of Sale
18.2.2 Data Processing Terms The Customer’s continued use of the relevant Products and Services shall constitute its acceptance of such revised or modified terms.
18.2.3 Cookies and Privacy
19. GOVERNING LAW AND JURISDICTION
The Agreement shall be construed in accordance with English law and shall be subject to the exclusive jurisdiction of the courts of England and Wales.
SCHEDULE 1
SERVICES AND SERVICE LEVELS AND WARRANTY
PART 1 - SERVICES
GeoFence alters and two-way message SMS service
Geofence zone alerts and 2-way messages shall not be constructed and sent in a way that is deemed unreasonable. Alert notifications may be designed to be informative, but not so constant as to overwhelm the Trackitnow SMS server or to cause unreasonable cost to Trackitnow in relation to the value of services provided, where the cost of the SMS service provision is greater than 10% of the charge of the predominant tracking service provided.
Trackitnow offers and provides its clients a range of SMS based Geofence alerting and 2-Way SMS text message services based on a fair-use policy.
Due to a change in the "terms of use" arrangement by which Trackitnow secures its SMS service from its SMS Network provider, Trackitnow will in turn reflect the same service limitations and service charges to its customers.
Fundamentally, it is important to note, there are no volume service limits for "PAYG SMS services".
Our SMS Network Provider requires Trackitnow to ensure their SMS services are not abused, particularly by "SMS spamming". To prevent abuse of the SMS system, the Network Provider has already started to charge its customers on a PAYG basis for all of the SMS services it supplies to Trackitnow.
There is no charge for inbound SMS receipts or replies sent by a 3rd party.
Trackitnow will introduce a new "outgoing 2-way SMS message charge" of 4 pence plus VAT per message recipient, on a PAYG basis from 1st April 2023.
All outgoing 2-Way SMS messages will be charged and billed in arrears and added to the monthly direct debit. This service is available to all customers, regardless of contract status, provided the account is kept up to date and is not in arrears.
Customers who are not currently subscribed to the 2-way message service can request a service activation by emailing This email address is being protected from spambots. You need JavaScript enabled to view it. , subject to first agreeing to the terms of use policy.
The price and charges will be reviewed on 31st December annually and customers will be notified 14 days before any such changes are made.
No cash discount or alternate value can be redeemed for not using or not activating the 2-way SMS service.
Geofence and Auto-guardian alerts by SMS will be free of all charges SMS charges, subject to a fair-use policy.
All customers will be notified in writing within 14 days of any additional SMS charges being applied to the customer account. Trackitnow will not charge for this service unless agreed to do so beforehand.
Trackitnow reserves the right to withdraw any or all SMS services it provides to any or all of its customers at any time due to any unforeseen and unexpected change in the SMS network suppliers terms of use.
Trackitnow reserves the right to charge its customers for any use of any element of any SMS service. Trackitnow will occasionally monitor the customer service usage volume and may decide to charge either in part or in full for the use of any SMS service.
Roaming Services
Roaming relies on the telecommunications systems of UK and foreign networks, over which Trackitnow has no control. Trackitnow also has no control over Global System for Mobile Communications cellular networks/GSM. Trackitnow does not, therefore, provide any guarantee in relation to roaming services. International roaming is de-activated by default and a request must be made in writing to activate international roaming. All roaming costs incurred whilst abroad will be charged back to the Customer.
Inspection
Independent testing and inspection, if specified by the Customer shall be at the Customer’s works or those works of a supplier or sub-contractor. All fees incurred in connection with such testing and inspection will be payable by the Customer.
PART 2 - SERVICE LEVELS AND SERVICE LEVEL AGREEMENT (SLA)
All sales and support departments refer to `days` as `Working Days` (WD) - excluding weekends.
The FOUR SLA periods are referred to as "phases"
1. Trackitnow will allow 3x WD to acknowledge the enquiry/ticket.
2. The second SLA phase represents the time taken or required to process either a standard new order or support/account request. This is 5x WD. Please note that for tacho and camera systems, this SLA is extended for an additional 5x WD for equipment configuration to take place before shipping*
3. The third SLA "query" phase starts at the point at which the first period ends and concludes when any additional query or non-standard requirement occurs before the hardware is shipped. This is 10x WD
4. The fourth SLA phase is the "Install phase" (not applicable for self-installed equipment). This is up to 14x WD
*NOTE: In many circumstances, Trackitnow will aim to complete the four phases well within these time periods stated above, but for operational or external reasons outside of its control, Trackitnow may need to extend these time periods to fulfil client requests.
Limiting factors
If a customer or dealer fails to report a problem or request, this may lead to extended delays. This extended delay is not counted or included within any SLA phases listed above.
Occasionally, there may be additional delays caused by unforeseen courier, supplier or 3rd party installer/fitter problems that are outside of the direct control of Trackitnow.
Lost or Non-returned Devices
If a Product is lost, damaged or if the Customer is unable to return the Product for any reason, then the Customer will be charged the current charge for the lost Product, and non-returned SIM Card if applicable.
Please note that these charges are IN ADDITION to any remaining contract duration charges remaining or outstanding at the time of the reported loss.
There is a £20 charge applied to non-returned or lost SIM cards.
Products returned without the Company’s consent will not be accepted for credit.
Devices installed by the Customer
If a Product becomes defective as a result of a Customer either installing, removing or de/reinstalling a Product, then a service visit will be required and this will be chargeable at the prevailing standard rate.
PART 3 – TRACKITNOW WARRANTY
Purchased or Bundled Hardware
All Trackitnow hardware purchased or on a bundled upfront contract comes with 12 months warranty from the date of purchase.
Where the hardware becomes defective and is not covered within the warranty period, then the customer has the following options available:
1. Trackitnow may attempt a chargeable over-the-air repair of the tracking hardware.
a. Depending on the issue this may not be required or available
b. A new contract is not required for this, and the existing contract will stay in place
2. The hardware can be de-installed from the vehicle and returned for a chargeable repair and then re-installed when it has been repaired.
a. A new contract is not required for this, and the existing contract will stay in place.
3. The customer can purchase new hardware and have it installed with a new contract for a minimum of 12 months.
a. If the customer requires a shorter contract term, this is available with a 25% increase in the monthly service charges.
Rental Contracts
All rental contracts include a contract term warranty as standard for the hardware. Extended warranty covering all service work if issues occur, is available.
Where the hardware becomes defective and is not covered within the warranty period, then the following options are available:
1. Trackitnow may attempt a chargeable over-the-air repair of the tracking hardware.
a. Depending on the issue this may not be required or available.
b. A new contract is not required for this, and the existing contract will stay in place
2. Trackitnow will arrange replacement like-for-like hardware and a chargeable service call.
a. Trackitnow will replace the hardware free of charge for the customer.
b. Trackitnow will add a new, minimum 12 month contract to the hardware at the current retail price.
i. If the customer requires a shorter contract term, Trackitnow will increase the monthly service charges by 25%
SCHEDULE 2
END-USER LICENCE AGREEMENT
PLEASE READ THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT CAREFULLY BEFORE CONTINUING WITH ANY PROGRAM INSTALL OR ACCESSING THE APP OR PLATFORM:
Trackitnow End-User License Agreement ("EULA") is a legal agreement between you (either an individual or a single entity) and Trackitnow for the access and use of any Trackitnow application or platform (the Trackitnow Apps and Platforms). By installing or otherwise using the Trackitnow Apps and Platforms, you agree to be bound by the terms of this EULA. This license agreement represents the entire agreement concerning the program between you and Trackitnow (referred to as "licenser"), and it supersedes any prior proposal, representation, or understanding between the parties. If you do not agree to the terms of this EULA, do not install or use the Trackitnow Apps and Platforms.
The Trackitnow Apps and Platforms are protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The Trackitnow Apps and Platforms are licensed, not sold.
1. GRANT OF LICENSE
The Trackitnow Apps and Platforms are licensed as follows:
(a) Installation and Use.
Trackitnow grants you the right to install and use copies of the Trackitnow Apps and Platforms on your computer running a validly licensed copy of the operating system for which the Trackitnow Apps and Platforms were designed [e.g., Windows 7 upwards]
(b) Backup Copies.
You may NOT make copies of the Trackitnow Apps and Platforms.
2. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS
(a) Maintenance of Copyright Notices. You must not remove or alter any copyright notices on any and all copies of the Trackitnow Apps and Platforms.
(b) Distribution.
You may not distribute registered copies of the Trackitnow Apps and Platforms to third parties.
(c) Prohibition on Reverse Engineering, Decompilation, and Disassembly. You may not reverse engineer, decompile, or disassemble the Trackitnow Apps and Platforms, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.
(d) Rental.
You may not rent, lease, or lend the Trackitnow Apps and Platforms.
(e) Support Services.
Trackitnow may provide you with support services related to the Trackitnow Apps and Platforms ("Support Services"). Any supplemental software code provided to you as part of the Support Services shall be considered part of the Trackitnow Apps and Platforms and subject to the terms and conditions of this EULA.
(f) Compliance with Applicable Laws.
You must comply with all applicable laws regarding the use of the Trackitnow Apps and Platforms.
3. TERMINATION
Without prejudice to any other rights, Trackitnow may terminate this EULA if you fail to comply with the terms and conditions of this EULA. In such an event, you must destroy all copies of the Trackitnow Apps and Platforms in your possession.
4. COPYRIGHT
All title, including but not limited to copyrights, in and to the Trackitnow Apps and Platforms and any copies thereof are owned by Trackitnow or its suppliers. All title and intellectual property rights in and to the content which may be accessed through the use of the Trackitnow Apps and Platforms is the property of the respective content owner and may be protected by applicable copyright or other intellectual property laws and treaties. This EULA grants you no rights to use such content. All rights not expressly granted are reserved by Trackitnow.
5. NO WARRANTIES
Trackitnow expressly disclaims any warranty for the Trackitnow Apps and Platforms. The Trackitnow Apps and Platforms is provided 'As Is' without any express or implied warranty of any kind, including but not limited to any warranties of merchantability, non-infringement, or fitness of a particular purpose. Trackitnow does not warrant or assume responsibility for the accuracy or completeness of any information, text, graphics, links or other items contained within the Trackitnow Apps and Platforms. Trackitnow makes no warranties respecting any harm that may be caused by the transmission of a computer virus, worm, time bomb, logic bomb, or other such computer program. Trackitnow further expressly disclaims any warranty or representation to Authorized Users or any third party.
6. LIMITATION OF LIABILITY
In no event shall Trackitnow be liable for any damages (including, without limitation, lost profits, business interruption, or lost information) rising out of 'Authorized Users' use of or inability to use the Trackitnow Apps and Platforms, even if Trackitnow has been advised of the possibility of such damages. In no event will Trackitnow be liable for loss of data or indirect, special, incidental, consequential (including lost profit), or other damages based on contract, tort or otherwise. Trackitnow shall have no liability with respect to the content of the Trackitnow Apps and Platforms or any part thereof, including but not limited to errors or omissions contained therein, libel, infringements of rights of publicity, privacy, trademark rights, business interruption, personal injury, loss of privacy, moral rights or the disclosure of confidential information.