Trackitnow Limited
Business Description
Trackitnow Ltd provides tracking devices and PDA services for many different areas of use, including: cars, vans, HGV trucks, people, personnel, boats, planes, helicopters, trailers and many more. The service is supplied with a monthly charge that allows access to the Trackitnow ERA client and other services to allow viewing of the devices movements and portable data. All monthly charges are taken by Direct Debit in advance.
Digitally accepted contracts and agreements.
Since the 1st January 2009 all [contracts and] agreements with Trackitnow have been concluded in an electronic paperless contract which is entered into online by the customer.
These paperless contracts are just as legally valid, and just as legally binding as a written agreement that has been printed and signed by individuals.
The electronic paperless contract required the customer entering into the contract, to have accepted the Trackitnow Terms of Business before it could be completed.
The electronic paperless contract clearly shows that the customer has an agreed fixed initial rental period.
The Trackitnow Terms of Business state that after the expiry of the agreed fixed initial rental period, the contract continues at the same monthly rate. The rental warranty also expires at the end of the initial rental term. The contact continues until the following three matters have been concluded:
- 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).
- the customer has arranged for Trackitnow to uninstall all of the rented equipment; and
- the rented equipment has been returned to Trackitnow.
All customer contracts continue to operate and continue to be binding on the customer, and on Trackitnow, until these three matters have been completed.
The Terms of Business contain further information relating to damaged and unreturned rental equipment.
All contracts for the sale of products or services made by Trackitnow Ltd are deemed to include these Terms and Conditions of Sale (the Terms), which shall prevail over any other document or communication between the parties unless otherwise agreed in writing. For the purposes of this document the term Product shall include vehicle tracking systems and terminals, antennae, cables and any ancillary equipment and accessories. The term Services shall include delivery, installation, repair and replacement of Products and the provision of data, reports and other information by any medium. The term SIM Card shall mean any subscriber identity module used in any of the Products, and the term Customer shall mean any company, partnership, association or individual entering into a contract for the purchase of Products or Services from Trackitnow Ltd. 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. Each of the parties agrees that these Terms represent the entire agreement between them. Any notice to be given in respect of these Terms by either of the parties shall be in writing, and delivered to the registered office or principal place of business of the other.
Any order may be deemed complete when the customer has electronically accepted or signed the order paperwork and after a 14 day calling off period (COP) has elapsed. The14 days COP may elapse prior to the equipment supply or installation.
VAT
The prices contained herein do not include Value Added Tax and to the extent that the supply of Goods or services by the Company in pursuance of this Quotation/Contract is chargeable with Value Added Tax to the gross amount of such Tax shall be added to the price at the rate applicable at the date of despatch.
Delivery and Installation
All products purchased from Trackitnow Ltd shall be delivered within 14 working days from the date of payment. All products are shipped or electronically distributed by traceable means. Hardware will be via the UPS delivery network. Track It Now Ltd shall use reasonable endeavours to ensure your products arrive within the expected time scales. Trackitnow Ltd shall not be liable for any loss or damage resulting from late delivery or from its failure to respect an appointment for installation. If the Customer delays the installation of any Products beyond 30 days from the date of the first Product installation for that order, Trackitnow Ltd shall be entitled to deliver the remaining Products to the Customer’s delivery address and the order shall be deemed to be complete. In the event that installation is carried out by the Customer or a person appointed by the Customer, Trackitnow Ltd shall not be liable for any loss or damage whatsoever, arising directly or indirectly, as a result of any negligence or failure to follow Trackitnow Ltd’s written instructions in installing the Products. The customer shall provide a free, safe and adequate location for the install to take place. Any charges associated with parking in connection with any install, reinstall or deinstall shall be paid for by the customer or the value of any parking charges shall be passed on to the customer at a later date.
Delivery
All hardware will normally be despatched between 5-7 days from receipt of order and payment received in full unless otherwise stated or agreed upon.
Installation
A voucher will be enclosed with the hardware product or an electronic receipt will be received requesting the customer to contact Trackitnow to arrange the installation of their hardware.
Cancellation of an Order
If you wish to cancel your order with Trackitnow Ltd 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. (please obtain a read receipt)
Any cancellation of an order can only be accepted within 14 days of the order confirmation being received by Trackitnow Ltd.
If the Goods have been shipped, then the customer must request an RMA number and form from Trackitnow Ltd, and then return the Goods to the address above in full working order complete with the original packaging within 14 days from the date of order (see Return of Goods). Non non-returned devices and non-returned sim cards are charged as set out below (see Lost or non returned devices)
Subsequent Orders / Repeat Orders / Variation Orders
All subsequent orders added to the initial order confirmation are also subject to the same implied terms and conditions.
Trackitnow Ltd will accept orders for additional devices by phone or email only if they are of the same type and price as the original order confirmation.
If the customer orders different devices (Variation Order) from those that were originally ordered and supplied with different rates, then an additional order confirmation form will need to be completed.
Refund Policy
Trackitnow Ltd will refund the value of the goods supplied, only after the goods have been returned to the Trackitnow office complete with all original packaging. A refund will only be authorised after the equipment has been tested and confirmed as working by a member of the Trackitnow team. Refunds will only be issued for goods returned within 14 days of the date of original purchase, and a copy of the original invoice must be included with the goods. Trackitnow Ltd will not refund any carriage charges either way. Trackitnow Ltd reserves the right to charge a 20% restocking fee on all orders.
Return of Goods
All goods must be returned to Trackitnow Ltd, Unit 7 Brooklands Court, Kettering, NN15 6FD. All goods must be shipped by a traceable means of postage. The customer must contact Trackitnow Ltd by phone or email to request an RMA number and form. The RMA number must be displayed clearly on the outside of the box and the RMA form must be enclosed with the returning goods.
Title and Risk - Purchased
Title in the Products Purchased passes to the Customer upon full payment and until then the Customer must insure and store the Products separately and maintain them in good order. Title in the SIM Card shall remain vested in Trackitnow Ltd, or its provider of SIM Cards. In all circumstances Risk in the Products passes to the Customer upon their delivery to the Customer’s designated delivery address, regardless of whether installation has been completed or not.
Title and Risk - Rental
Title in all tracking hardware and all ancillaries as well as the SIM Card shall remain vested in Trackitnow Ltd. Title in the SIM Card shall remain vested in Trackitnow Ltd, or its provider of SIM Cards. In all circumstances Risk in the Products passes to the Customer upon their delivery to the Customer’s designated delivery address, regardless of whether installation has been completed or not. When a contract term expires, the hardware STILL remains vested in Trackitnow Ltd.
Warranties
Trackitnow Ltd guarantees to the Customer that the goods will be free from defects for a period of 12 months from delivery unless otherwise stated on the order confirmation. All Trackitnow finance solutions/rental are supplied with a contract lifetime parts & labour warranty. Hardware sales only are subject to a 12-month return to base parts warranty. If the installation or de-installation, is carried out by the customer or a person appointed by the customer, Trackitnow shall not be liable for any loss or damage whatsoever, arising directly or indirectly as a result of the installation and all warranties on the device become void. Should the goods be defective within the warranty period, Trackitnow Ltd will repair or replace the goods within a reasonable time using components or replacement goods that are new or equivalent. Trackitnow Ltd does not warrant that the goods are fit for any particular purpose, nor that the services will be without disruption, nor that any reports, data or information provided as part of the services will be free from errors, omissions, inaccuracies or nonconformity, and Trackitnow Ltd shall have no liability or obligation to the Customer in this respect except as provided here-under. Trackitnow Ltd makes no warranty for the security or integrity of any connection or transmission used in the provision of the services. Trackitnow Ltd shall not be liable for and provide any 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 goods, or for any accidental or other damage to the goods caused by any party or external force. Trackitnow Ltd shall not be liable for failure to provide the services to you because of any factor outside our control, including but not restricted to failure by 3rd parties, i.e. mobile phone networks / data, internet providers, GPRS and GPS services, etc.
Note: Internal device batteries are not covered by 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 battery is considered to be very reliable when new and may work well for the first 12-18 months (for the intended purpose) with 98% lasting for up to 60 months. The internal battery has a TIME LIMITED Trackitnow warranty for 12 months from the time and date of the first installation. The 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 12 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 internal battery may be changed after the initial 12 months at the cost of the customer during a service visit. The customer should request the internal battery change in writing. Please contact support for further details.
Payment Terms
Hardware is supplied on a Cash with Order basis or added to an existing monthly direct debit. All monthly charges are invoiced on the 1st of each month and taken by Direct Debit on or around the 14th of each month. Any unpaid monthly invoices shall result in a suspension of services if not cleared by the 1st of the following month. All customers are liable for monthly invoicing for a minimum of the contracted term. Any outstanding account balance may be subject to an additional finance charge at no greater than 2% per month which is an annual percentage rate of 24%. Trackitnow reserve the right to charge for all and reasonable costs incurred, including all legal actions and any court costs attributed to the recovery of any unpaid debt or hardware. Trackitnow reserve 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.
Privacy Policy
When a customer signs up to the Trackitnow service they must provide the following information: company name (if applicable), name, address, phone number, email address, and bank account information. The bank information is required for Trackitnow to collect monthly payments by Direct Debit. Once a customer has electronically accepted or signed up for the Trackitnow Service they will receive the following emails so that they can confirm all the information is correct, and this will provide them with a username, password and unique client code to access the Trackitnow ERA client.
- Welcome Letter
- Confirmation of Direct Debit & Direct Debit Guarantee
- Trackitnow ERA client download & login information
- ERA Client Quick Start Guide
Internal Uses
Trackitnow Ltd uses the information provided to allow customers to connect to the Trackitnow ERA client software or other services which allows them to view their vehicles movements and historical movements on the map. The bank account information is used so that we can collect the monthly charges by Direct Debit on the 14th of each month. Trackitnow Ltd collect, store and process your personal information on our servers hosted at a highly secure private data centre located in the UK. Trackitnow Ltd do not store any Credit or Debit card information. You agree that we may use your personal information for:
providing the services and customer support you request
collecting monthly fees for the services
delivering service updates
With whom do we share your Information
Trackitnow Ltd only share your bank account details with Rapidata PLC. Rapidata PLC are our Direct Debit Management firm and the information is shared to allow monthly payments to be processed by Direct Debit. Trackitnow Ltd may use CreditSafe to check the customers credit worthiness, and carry out checks for the prevention and detection of fraud.
We do not share any other personal information with any other parties.
Communications from Trackitnow Ltd
Trackitnow Ltd will communicate with its customers on a regular basis via email to advise on updates to the Trackitnow Service & ERA Client. We may also communicate by phone to resolve any support issues that have arisen. We will use your email address to physically confirm the opening of your services with Trackitnow Ltd and all invoices will be emailed to your email address. We will send you notifications of any service work or confirmations of new devices to your email address. Trackitnow Ltd will use this means to update you about any important changes to our products or services. Generally, users cannot opt out of these communications, but they will be primarily of an informational nature.
Information Security
Trackitnow Ltd is committed to handling your information with the highest standards of information security. We use computer safeguards such as data encryption and firewalls to protect your personal information. We authorise access to personal information only for those employees who require it for their job responsibilities.
The security of your Trackitnow service relies on the protection of your ERA Client username, password & client code. You must not share your password with anyone and Trackitnow representatives will not ask for your password. Trackitnow will collect information about the computers login onto the ERA software and servers, this will include the IP address and user details. This is collected for security purposes and Trackitnow will monitor this at frequent times. Any email or other communication requesting your password should be treated as unauthorised and reported to Trackitnow. Your password for the Trackitnow ERA client can never be supplied to you by any Trackitnow representative. You must not allow any other person or organisation to use your assigned login credentials.
All incoming phone calls to the Trackitnow call centre are qualified with the caller before any information is given out and your password is never requested as proof of identity.
Accessing and Changing Your Information
You can review your personal login information for the Trackitnow ERA client and change your password at any time. To change your password; open the Trackitnow ERA client and login, click on the Features Icon, click on the Users tab, then choose your username from the list and click Password. The system will ask for your existing password and then your new one twice.
To change your address or bank details please contact Trackitnow on 0845 4670846 and they will qualify that they are talking to the account holder and carry out the changes required.
Limitations of Use
Trackitnow products are sold as a tool to aid efficiency and financial accountability. Trackitnow products or services are not sold as anti-theft devices. Trackitnow only allows current paying customers access to the Trackitnow ERA software.
Trackitnow ERA Software
END-USER LICENSE AGREEMENT FOR TRACKITNOW ERA SOFTWARE IMPORTANT PLEASE READ THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT CAREFULLY BEFORE CONTINUING WITH THIS PROGRAM INSTALL: Trackitnow Ltd End-User License Agreement ("EULA") is a legal agreement between you (either an individual or a single entity) and Trackitnow Ltd for the Trackitnow ERA Software product(s) identified above which may include associated software components, media, printed materials, and "online" or electronic documentation ("Trackitnow ERA Client"). By installing, or otherwise using the Trackitnow ERA Client, 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 Ltd, (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 ERA Client.
The Trackitnow ERA Client is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The Trackitnow ERA Client is licensed, not sold.
1. GRANT OF LICENSE. The Trackitnow ERA Client is licensed as follows: (a) Installation and Use.
Trackitnow Ltd grants you the right to install and use copies of the Trackitnow ERA Client on your computer running a validly licensed copy of the operating system for which the Trackitnow ERA Client was designed [e.g., Windows 95, Windows NT, Windows 98, Windows 2000, Windows 2003, Windows XP, Windows ME, Windows Vista, Windows 7].
(b) Backup Copies. You may NOT make copies of the Trackitnow ERA Client.
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 ERA Client.
(b) Distribution.
You may not distribute registered copies of the Trackitnow ERA Client to third parties.
(c) Prohibition on Reverse Engineering, Decompilation, and Disassembly. You may not reverse engineer, decompile, or disassemble the Trackitnow ERA Client, 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 ERA Client.
(e) Support Services.
Trackitnow Ltd may provide you with support services related to the Trackitnow ERA Client ("Support Services"). Any supplemental software code provided to you as part of the Support Services shall be considered part of the Trackitnow ERA Client and subject to the terms and conditions of this EULA.
(f) Compliance with Applicable Laws.
You must comply with all applicable laws regarding use of the Trackitnow ERA Client. 3. TERMINATION
Without prejudice to any other rights, Trackitnow Ltd may terminate this EULA if you fail to comply with the terms and conditions of this EULA. In such event, you must destroy all copies of the Trackitnow ERA Client in your possession.
4. COPYRIGHT
All title, including but not limited to copyrights, in and to the Trackitnow ERA Client and any copies thereof are owned by Trackitnow Ltd or its suppliers. All title and intellectual property rights in and to the content which may be accessed through the use of the Trackitnow ERA Client 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 Ltd.
5. NO WARRANTIES
Trackitnow Ltd expressly disclaims any warranty for the Trackitnow ERA Client. The Trackitnow ERA Client 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 Ltd does not warrant or assume responsibility for the accuracy or completeness of any information, text, graphics, links or other items contained within the Trackitnow ERA Client. Trackitnow Ltd 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 Ltd further expressly disclaims any warranty or representation to Authorized Users or to any third party.
6. LIMITATION OF LIABILITY
In no event shall Trackitnow Ltd 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 ERA Client, even if Trackitnow Ltd has been advised of the possibility of such damages. In no event will Trackitnow Ltd be liable for loss of data or for indirect, special, incidental, consequential (including lost profit), or other damages based in contract, tort or otherwise. Trackitnow Ltd shall have no liability with respect to the content of the Trackitnow ERA Client 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.
Trackitnow Mobile Workforce Solution
END-USER LICENSE AGREEMENT FOR TRACKITNOW MOBILE WORKFORCE IMPORTANT PLEASE READ THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT CAREFULLY BEFORE CONTINUING WITH THIS PROGRAM INSTALL: Trackitnow Ltd. End-User License Agreement ("EULA") is a legal agreement between you (either an individual or a single entity) and Trackitnow Ltd for the Trackitnow Mobile Workforce(s) identified above which may include associated software components, media, printed materials, and "online" or electronic documentation ("TRACKITNOW MOBILE WORKFORCE"). By installing, copying, or otherwise using the TRACKITNOW MOBILE WORKFORCE, 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 Ltd, (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 MOBILE WORKFORCE.
The TRACKITNOW MOBILE WORKFORCE is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The TRACKITNOW MOBILE WORKFORCE is licensed, not sold.
1. GRANT OF LICENSE.
The TRACKITNOW MOBILE WORKFORCE is licensed as follows:
(a) Installation and Use.
Trackitnow Ltd grants you the right to install and use copies of the TRACKITNOW MOBILE WORKFORCE on your computer running a validly licensed copy of the operating system for which the TRACKITNOW MOBILE WORKFORCE was designed [e.g., Windows 95, Windows NT, Windows 98, Windows 2000, Windows 2003, Windows XP, Windows ME, Windows Vista, Windows 7].
(b) Backup Copies.
You may NOT make copies of the TRACKITNOW MOBILE WORKFORCE.
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 MOBILE WORKFORCE.
(b) Distribution.
You may not distribute registered copies of the TRACKITNOW MOBILE WORKFORCE to third parties. Evaluation versions available for download from Trackitnow Ltd's websites may be freely distributed.
(c) Prohibition on Reverse Engineering, Decompilation, and Disassembly. You may not reverse engineer, decompile, or disassemble the TRACKITNOW MOBILE WORKFORCE.
(d) Rental.
You may not rent, lease, or lend the TRACKITNOW MOBILE WORKFORCE.
(e) Support Services.
Trackitnow Ltd may provide you with support services related to the TRACKITNOW MOBILE WORKFORCE ("Support Services"). Any supplemental software code provided to you as part of the Support Services shall be considered part of the TRACKITNOW MOBILE WORKFORCE and subject to the terms and conditions of this EULA.
(f) Compliance with Applicable Laws.
You must comply with all applicable laws regarding use of the TRACKITNOW MOBILE WORKFORCE.
3. TERMINATION
Without prejudice to any other rights, Trackitnow Ltd may terminate this EULA if you fail to comply with the terms and conditions of this EULA. In such event, you must destroy all copies of the TRACKITNOW MOBILE WORKFORCE in your possession.
4. COPYRIGHT
All title, including but not limited to copyrights, in and to the TRACKITNOW MOBILE WORKFORCE and any copies thereof are owned by Trackitnow Ltd or its suppliers. All title and intellectual property rights in and to the content which may be accessed through use of the TRACKITNOW MOBILE WORKFORCE 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 Ltd.
5. NO WARRANTIES
Trackitnow Ltd expressly disclaims any warranty for the TRACKITNOW MOBILE WORKFORCE. The TRACKITNOW MOBILE WORKFORCE 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 Ltd does not warrant or assume responsibility for the accuracy or completeness of any information, text, graphics, links or other items contained within the TRACKITNOW MOBILE WORKFORCE. Trackitnow Ltd 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 Ltd further expressly disclaims any warranty or representation to Authorized Users or to any third party.
6. LIMITATION OF LIABILITY
In no event shall Trackitnow Ltd 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 MOBILE WORKFORCE, even if Trackitnow Ltd has been advised of the possibility of such damages. In no event will Trackitnow Ltd be liable for loss of data or for indirect, special, incidental, consequential (including lost profit), or other damages based in contract, tort or otherwise. Trackitnow Ltd shall have no liability with respect to the content of the TRACKITNOW MOBILE WORKFORCE 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.
Trackitnow ERA Integrated Solutions (EIS)
END-USER LICENSE AGREEMENT FOR TRACKITNOW ERA INTERGRATED SOLUTIONS IMPORTANT PLEASE READ THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT CAREFULLY BEFORE CONTINUING WITH THIS PROGRAM INSTALL: Trackitnow Ltd. End-User License Agreement ("EULA") is a legal agreement between you (either an individual or a single entity) and Trackitnow Ltd for the Trackitnow ERA Integrated Solutions(s) identified above which may include associated software components, media, printed materials, and "online" or electronic documentation ("TRACKITNOW ERA INTERGRATED SOLUTIONS"). By installing, copying, or otherwise using the TRACKITNOW ERA INTERGRATED SOLUTIONS, 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 Ltd, (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 ERA INTERGRATED SOLUTIONS.
The TRACKITNOW ERA INTERGRATED SOLUTIONS is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The TRACKITNOW ERA INTERGRATED SOLUTIONS is licensed, not sold.
1. GRANT OF LICENSE.
The TRACKITNOW ERA INTERGRATED SOLUTIONS is licensed as follows: (a) Installation and Use.
Trackitnow Ltd grants you the right to install and use copies of the TRACKITNOW ERA INTERGRATED SOLUTIONS on your computer running a validly licensed copy of the operating system for which the TRACKITNOW ERA INTERGRATED SOLUTIONS was designed [e.g., Windows 95, Windows NT, Windows 98, Windows 2000, Windows 2003, Windows XP, Windows ME, Windows Vista, Windows 7].
(b) Backup Copies.
You may NOT make copies of the TRACKITNOW ERA INTERGRATED SOLUTIONS.
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 ERA INTERGRATED SOLUTIONS.
(b) Distribution.
You may not distribute registered copies of the TRACKITNOW ERA INTERGRATED SOLUTIONS to third parties. Evaluation versions available for download from Trackitnow Ltd's websites may be freely distributed.
(c) Prohibition on Reverse Engineering, Decompilation, and Disassembly. You may not reverse engineer, decompile, or disassemble the TRACKITNOW ERA INTERGRATED SOLUTIONS.
(d) Rental.
You may not rent, lease, or lend the TRACKITNOW ERA INTERGRATED SOLUTIONS.
(e) Support Services.
Trackitnow Ltd may provide you with support services related to the TRACKITNOW ERA INTERGRATED SOLUTIONS ("Support Services"). Any supplemental software code provided to you as part of the Support Services shall be considered part of the TRACKITNOW ERA INTERGRATED SOLUTIONS and subject to the terms and conditions of this EULA.
(f) Compliance with Applicable Laws.
You must comply with all applicable laws regarding use of the TRACKITNOW ERA INTERGRATED SOLUTIONS.
3. TERMINATION
Without prejudice to any other rights, Trackitnow Ltd may terminate this EULA if you fail to comply with the terms and conditions of this EULA. In such event, you must destroy all copies of the TRACKITNOW ERA INTERGRATED SOLUTIONS in your possession.
4. COPYRIGHT
All title, including but not limited to copyrights, in and to the TRACKITNOW ERA INTERGRATED SOLUTIONS and any copies thereof are owned by Trackitnow Ltd or its suppliers. All title and intellectual property rights in and to the content which may be accessed through use of the TRACKITNOW ERA INTERGRATED SOLUTIONS 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 Ltd.
5. NO WARRANTIES
Trackitnow Ltd expressly disclaims any warranty for the TRACKITNOW ERA INTERGRATED SOLUTIONS. The TRACKITNOW ERA INTERGRATED SOLUTIONS 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 Ltd does not warrant or assume responsibility for the accuracy or completeness of any information, text, graphics, links or other items contained within the TRACKITNOW ERA INTERGRATED SOLUTIONS. Trackitnow Ltd 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 Ltd further expressly disclaims any warranty or representation to Authorized Users or to any third party.
6. LIMITATION OF LIABILITY
In no event shall Trackitnow Ltd 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 ERA INTERGRATED SOLUTIONS, even if Trackitnow Ltd has been advised of the possibility of such damages. In no event will Trackitnow Ltd be liable for loss of data or for indirect, special, incidental, consequential (including lost profit), or other damages based in contract, tort or otherwise. Trackitnow Ltd shall have no liability with respect to the content of the TRACKITNOW ERA INTERGRATED SOLUTIONS 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.
GeoFence alerts & 2-way message SMS service, charges and"fair-use policy", UPDATED 1st December 2022
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". In order 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, providing the account is kept upto date and is not in arrears.
Customers that 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.
Please note:
- 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 networks 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 customers service usage volume and may decide to charge either in part or in full for the use of any SMS service.
SIM Card
The Customer shall not remove, or permit or allow others to remove, any SIM Card from any of the Products. The Customer is responsible for the loss or theft and any consequent (including fraudulent or improper) usage of the SIM Cards. In the event that Trackitnow Ltd has reasonable grounds to believe that the Customer may be in breach of the provisions of this clause, Trackitnow Ltd 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. Any SIM card we supply to you remains the property of Trackitnow Ltd, but it is your responsibility to keep it safe. SIM cards should not be removed from the equipment as it will void the warranty. We will replace any SIM card found to be defective through faulty design or workmanship. In any other circumstances however, we may charge for replacing it. We reserve the right to recall any SIM card from you at any time to enhance or maintain the quality of the services. Trackitnow Ltd cannot be held responsible for the failure of the service provided to us by the GSM providers/networks. This is rare but does occasionally happen. If the GSM connectivity fails, in reality, the device still records the data and sends the data to us when the GSM connectivity is restored. Any user will not actually notice the outage from a historical point of view, but momentarily the live view may appear to pause. This is quite normal all GSM tracking providers will be susceptible to this.
You must inform us immediately if the SIM card supplied in the equipment is lost, stolen or damaged. You will remain liable for all charges incurred until you do so. We will send you a replacement SIM card as soon as reasonably practicable, but we reserve the right to charge you for doing so.
Title in the SIM Card shall remain vested in Trackitnow Ltd, or its provider of SIM Cards. In all circumstances, Risk in the Products passes to the Customer upon their delivery to the Customer’s designated delivery address, regardless of whether installation has been completed or not.
There is a £20 charge applied to non returned or lost simcards.
Roaming Services
Roaming relies on the telecommunications systems of foreign networks, over which we have no control. We therefore cannot offer any guarantees about 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.
Intellectual Property Rights
Track It Now Ltd retains all Trackitnow Ltd - owned Intellectual Property in the Products and Services. Copyright and all other 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 Ltd or the providers of such information. The Customer may use Information retrieved from the Services only for his own purposes which means 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 Ltd’s prior written consent.
Confidentiality
Both Trackitnow Ltd and the Customer must treat all information received from the other marked ‘Confidential’, or which is reasonably obvious to be confidential, as it would treat its own 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. The provisions of this clause shall survive the termination of any contract between The Customer and Trackitnow Ltd by three years. Trackitnow Ltd shall treat as confidential and shall not disclose to any third party without the prior consent of the customer the terms of the contract. Trackitnow Ltd shall not use any of the confidential information derived from the services supplied for any purpose other than the performance of its obligations of the contract.
Cancellation of individual device Contract
Devices still within the date range under active agreement or contract are subject to an early termination charge, equal to the sum of the value of the remainder of the individual device agreement, plus any removal costs where applicable, plus the value of any non-returned devices at the current charges and accessories.If you wish to cancel your agreement or contract with Trackitnow Ltd then this must be done in writing to: Trackitnow Ltd, 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) This must be signed by a duly authorised Director.
Device 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 devices and accessories.
For the avoidance of doubt, if notice to terminate a device contract or agreement is received by Trackitnow on the 5th April, then the last day of billing is 31st July.
Lost or non returned devices
If a device is lost, damaged or you are unable to return the device for any reason then you will be charged the current charge for the lost device (Dated 1/1/23)
Please note, these carges are IN ADDITION to any remaining contract duration charges remaining or outstanding at the time of the reported loss.
|
Product (tracker model) |
Lost / Non Returned Device Fee (+VAT) |
|
|
|
|
Motion, Motion WP, Motion 2WP, Motion+ |
£199.00 |
|
Motion 2, Motion 3i (with no accessories) |
£199.00 |
|
Motion 2, Motion 3i with 1 x accessory such as BP Kit or Driver ID |
£239.00 |
|
Motion 2, Motion 3i with 2 x accessories, such as BP & Driver ID |
£279.00 |
|
Motion 3i Fuel Save – CANBus Data |
£259.00 |
|
Advance, Advance+ with no accessories |
£239.00 |
|
Advance or Advance+ with Remote Tachograph Download |
£269.00 |
|
Advance or Advance+ with FMS CANBus Solution |
£399.00 |
|
Advance or Advance+ with FMS CANBus Solution and Remote Tachograph Download |
£439.00 |
|
LiveWitness 100 |
£239.00 |
|
LiveWitness 200 |
£269.00 |
|
LiveWitness 500 |
£399.00 |
There is a £20 charge applied to non returned or lost simcards.
Goods returned without the Company’s consent will not be accepted for credit.
Devices installed by the customer
In the event that a device becomes defective as a result of a customer either installing, removing or de/reinstalling a device, then a service visit will be required and this will be chargable at the prevailing standard rate.
Liability
Without prejudice to any other provision of these Terms, in any event Trackitnow Ltd’s total liability for any one claim or for the total of all claims arising from one act of default on Trackitnow Ltd’s part (whether in tort, contract, negligence or otherwise) shall not exceed the total purchase price paid by the customer for the Products or Services in respect of which a claim is made. In the case of any claim made against Trackitnow Ltd for disruption to the Services or any errors in the Information provided, Trackitnow Ltd’s liability shall not exceed the total price paid by the Customer for the Services for the duration of any such disruption or errors and only in respect of those Products for which the Services were affected.
Although the locating service offered by Trackitnow Ltd 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 Ltd does not offer for sale or rental a "stolen/recovery" service. Trackitnow will not reimburse any person or company or 3rd party for any loss sustained due to an asset being stolen and NOT recovered even when a Trackitnow tracking device has been installed on the stolen asset.
Trackitnow Ltd shall not be liable to the Customer for any economic (including, without limitation, loss of revenues, profits, contracts, business or anticipated savings), special, indirect or consequential losses.
Information Technology Installation
Installation of software onto customer’s computers is done with the understanding that Trackitnow Ltd takes no responsibility for any problems either software or hardware that may occur whilst doing so and it is also the customer’s responsibility to ensure their data on these computers are backed up before any installation of software by Track It Now Ltd.
Inspection
Independent testing and inspection, if specified by the Purchaser or its agent, shall be at the Company’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.
Contracts (Rights of Third Parties) Act 1999
A person who is not a party to this contract has no right under the Contracts(Rights of Third Parties) Act 1999 to enforce any term of this Agreement but this does not affect any right or remedy of a third party which exists or is available apart from that Act.
Force Majeure
Trackitnow Ltd shall not be liable to the Customer for non-performance or delay in performance of any of its obligations under these Terms 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 sub-contractors or sub-suppliers, 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 Ltd.
Termination
Trackitnow Ltd may terminate any contract with the Customer if he commits a material or persistent breach of these Terms and fails to remedy this within 30 days of written notice, or with immediate effect if the Customer does any act that might jeopardise the continuance of the Services.
Assignment
The Customer may not assign his rights or obligations, in whole or in part, to any third party without Trackitnow Ltd’s written approval.
Contact Information
Trackitnow Ltd, Unit 7 Brooklands Court, Kettering Venture Park, Kettering, Northamptonshire, NN15 6FD. Tel: 0845 4670846 Fax: 0845 8678801 Email: This email address is being protected from spambots. You need JavaScript enabled to view it. Opening Hours: 9am to 5pm Monday to Friday
Governing Law and Jurisdiction
This Agreement and these Terms shall be construed in accordance with English law, and shall be subject to the exclusive jurisdiction of the courts of England and Wales.
Trackitnow reserve the right to update its terms and conditions at any time without notice. All customers accept this expressed term when subscribing to any service.