V2.01 Protrack Solutions Ltd - Terms and Conditions for the supply of Protrack Devices & Software

Background. These Terms and Conditions (Terms) govern the sale of all Products and Services by Protrack Solutions Ltd, together with all and any of its business divisions and subsidiaries (together the Seller) to the Customer. The Customer is urged to read these Terms carefully to ensure it fully understands them before ordering any Products or Services. By ordering any of the Product and Services, the Customer is deemed to be bound by these Terms. These Terms apply notwithstanding any conflicting, contrary, or additional terms and conditions in any order, quote, tender or other document or communication from Protrack Solutions Ltd or the Customer. To the extent that there is any inconsistency between these Terms and any other document issued by Protrack Solutions Ltd or the Customer, these Terms will take priority. The Customer's order for the supply of Products and/or Services, as set out in the Protrack Order Confirmation Form (Order) constitutes an offer by the Customer to purchase Products and/or Services in accordance with these Terms. The Customer is deemed to have satisfied themselves of the accuracy of the Order in terms of quantity, specification and price and shall be deemed to have read, understood, and accepted these Terms at the point of submitting their Order. The Order shall only be deemed to be accepted when Protrack Solutions Ltd issues the Order Confirmation at which point, and on which date the Contract shall come into existence (Commencement Date). Any changes to these Terms following the Commencement Date and during processing the Order and delivering the Services will only be accepted at Protrack Solutions Ltd.’s discretion in writing and following payment of any further costs incurred by Protrack Solutions Ltd. All contracts for the supply of products and services by Protrack Solutions Ltd are deemed to include these Terms. For the purpose 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 software, 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 Protrack Solutions Ltd. By agreeing to the Terms, the Customer confirms that they are duly authorised (either for themselves or for the business that they are representing) to enter into this agreement on its behalf. The Customer is deemed to have accepted these Terms at the earlier of a) the date that they accept the Order or b) the date that they accept delivery of any Products or Services from Protrack Solutions Limited. Protrack Solutions Ltd amends these Terms from time to time. Each time the Customer wishes to order Products and/or Services, the Customer is encouraged to check the current version of these Terms. These Terms and any contract between Protrack Solutions Ltd and the Customer are only in the English Language.

Term. This contract commences on the commencement date stipulated in the Order Confirmation Form and continues for the Initial Term as stated in the Order Confirmation Form (the Contract Term). At the end of the Initial Term and at any time thereafter, the Customer may terminate the Contract by serving the minimum period of notice referred to in the Order Confirmation Form. Should the contract not be terminated in writing within three months of the end of the contract term and a new contract has not been agreed, the contract will automatically run as a twelve-month rolling contract requiring twelve months’ notice to terminate.

 Supply of Products and/or Services. The Products and Services as described on Protrack Solutions Ltd.’s website and in any promotional material are for illustrative purposes only. Protrack Solutions Ltd reserves the right to amend the specification of the Products and Services if required by any applicable statutory or regulatory requirements. Protrack Solutions Ltd shall have the right to make any changes to the Products and/or Services which are necessary to comply with any applicable law or safety requirement, or which do not materially affect the nature or quality of the Products and/or Services, and Protrack Solutions Ltd shall notify the Customer in any such event. The Customer shall ensure that the Order Confirmation is complete and accurate; cooperate with Protrack Solutions Ltd in all matters relating to the Products and/or Services; and provide Protrack Solutions Ltd with such information as Protrack Solutions Ltd may reasonably require to supply the Products and/or Services and ensure that such information is accurate in all material respects. If Protrack Solutions Ltd.’s performance of any of its obligations in respect of the Products and/or Services is prevented or delayed by any act or omission by the Customer (or third parties engaged, commissioned, or instructed by the Customer) or failure by the Customer (or third parties engaged, commissioned or instructed by the Customer) to perform any relevant obligation (Customer Default): (a) Protrack Solutions Ltd shall without limiting its other rights or remedies have the right to suspend performance of the Services until the Customer remedies the Customer Default, and to rely on the Customer Default to relieve it from the performance of any of its obligations to the extent the Customer Default prevents or delays Protrack Solutions Ltd.’s performance of any of its obligations. (b) Protrack Solutions Ltd shall not be liable for any costs or losses sustained or incurred by the Customer arising directly or indirectly from Protrack Solutions Ltd.’s failure or delay to perform any of its obligations as set out in this clause; and (c) the Customer shall reimburse Protrack Solutions Ltd on written demand for any costs or losses sustained or incurred by Protrack Solutions Ltd arising directly or indirectly from the Customer Default.

Delivery and Installation. All delivery times and dates are approximate, but Protrack Solutions Ltd shall use its reasonable endeavours to respect them. Time shall not be of the essence of the contract, and Protrack Solutions shall not be liable for any loss, costs, damages, charges, or expenses directly or indirectly 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 date of the first product installation for that Order, Protrack Solutions Ltd shall be entitled to deliver the remaining Products to the Customer’s delivery address and the Order shall be deemed complete. If the installation is carried out by the Customer or a person appointed by the Customer, Protrack Solutions Ltd shall not be liable for any loss or damage whatsoever, arising directly or indirectly, because of any negligence or failure to follow Protrack Solutions Ltd.’s written instructions in installing the Products. In the event of an unauthorised install or de-fitting warranty for the Product will be void and a charge of £295.00 per Product will be charged for any damaged Products. If Protrack Solutions Ltd fails to deliver the Products, its liability shall be limited to the costs and expenses incurred by the Customer in obtaining replacement goods of similar description


and quality in the cheapest market available, less the price of the Products. Protrack Solutions Ltd shall have no liability for any failure to deliver the Products to the extent that such failure is as a result of a Force Majeure event (see below), the Customer's failure to provide Protrack Solutions Ltd with adequate delivery or installation instructions for the Products or any relevant instruction related to the supply of the Products.

Engineering. Protrack shall from time to time engage with the services of third party qualified engineers and as such all engineering tasks must be booked with them in advance, our terms state that we must provide two working days’ notice of any cancellations otherwise the full cost of the engineering task will be levied against Protrack Solutions Limited therefore, all work carried out by Protrack and third party engineers must be booked in advance using the Engineering request form filled out fully and signed by a representative of the company, In the event of a cancellation Protrack must be given at least 48 hours’ notice otherwise Protrack reserve the right to the full cost of the engineer visit which will be applied to the account in full and invoiced at the end of the calendar month irrespective of any work being carried out.

Information to carry out engineering visits are required for EACH VEHICLE, namely……

  1. Vehicle make and model and year of registration & Qty.
  2. Vehicle registration(s) (If known)
  3. Address(es) for engineering visit(s).
  4. Key holder information and contact details on site.
  5. What is required, (Installation, de-fitting of a device, re-fitting of a device, defit & refit of a device, Service call for known issues.
  6. Date and time of engineer request.
  7. Requesting person’s name and signature.

Should an engineer visit be requested a cancellation will be deemed as, (A) notification in writing to support@protrack-group.com or your relevant account manager. (B) An engineer arriving on site to carry out engineering work but the keyholder and/or vehicle is not made available during the visit, (C) incorrect information provided by the client to carry out the task at hand (D)) Any other reason that prevents Protrack and Protrack associated agents to carry out the work fully as per the Engineer booking request form in whole or in part.

Any cancellations before the 48 hours required notice will be applied to your account and will not be chargeable. Waiting time can be applied after 15 minutes at a rate of £30 plus vat per 30 minutes if vehicles are not ready at from time booked.

Engineer request forms can be found on the OCS tracking platform under Support tab on the home screen. Your account manager can email you a copy of the account form if so requested.

The engineer reserves the right to refuse the job if there are known issues with the vehicle. This will be recorded on his job status with reason(s) as to why a refusal has been recorded.

Customers will be notified once an engineer job has been scheduled or cancelled in writing by email.

All engineer requests and bookings will be applicable to the above terms and conditions without exception.

Title and Risk Title in the Products remains the sole property of Protrack Solutions Ltd as a rental device. The Customer must insure, secure, and store the Products and maintain them in good order. Title in the SIM Card inserted in the device also remains vested in Protrack Solutions 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. Should the Customer lose, damage or otherwise not return the device(s) on rental basis, Protrack Solutions Ltd reserves the right to charge for replacement device(s) at the standard of £295.00 per device. This cost includes the replacement of the device and the SIM, the formatting of the device, installing of the software onto the device, testing, calibrating, and marking the device and ensuring that the device is interfacing with the Protrack servers. By accepting these Terms, the Customer accepts that the replacement cost is a true cost and represents reasonable compensation for loss. Protrack Solutions Ltd strongly recommends that the Customer insures the device for the standard chargeable rate of £295.00.

Warranties. Protrack Solutions Ltd guarantees to the Customer that the Products will be free from defects in design, material, and workmanship for a period of 12 months from the date of delivery unless otherwise stated on the Order Confirmation Form. Should the Products be defective within this period, Protrack Solutions Ltd will repair or replace them within a reasonable time using components or replacements that are new, or equivalent to new. Protrack Solutions Ltd does not warrant that the Products 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 Service will be free from errors, omissions, inaccuracies or nonconformities, and Protrack Solutions Ltd shall have no liability or obligation to the Customer in this respect except as provided hereunder. Protrack Solutions Ltd makes no warranty for the security or integrity of any connection or transmission used in the provision of the Services. Protrack Solutions Ltd shall not be liable for and provides no warranty for any damage caused by the Customer or its representative or any unauthorised 3rd party through incorrect installation, use, modification, or repair of the Products, or for any accidental or other damage to the Products caused by any party or external force. Protrack Solutions 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., internet providers, GPRS and GPS services, etc.

Loss of Products and Returns Policy. In the event of a loss of the Product(s) because of fire or accident damage, theft, or the selling of a vehicle with the unit installed, Protrack Solutions Ltd reserve the right to compensation for the full contract value for the Contract Term AND the cost of the loss of the equipment supplied at the rate of £295.00 per unit plus vat. This cost includes the replacement of the device and the SIM, the formatting of the device, installing of the software onto the device, testing, calibrating, and marking the device and ensuring that the device is interfacing with the Protrack servers. By accepting these Terms, the Customer accepts that the replacement cost is a true cost and represents reasonable compensation for loss. Protrack Solutions Ltd strongly recommends that the Customer insures the device for the standard chargeable rate of£295.00.

Payment Terms. The price for the supply of Products and Services is as set out in the Order Confirmation Form. As per the Order, Protrack Solutions Ltd shall either invoice the Customer monthly or shall take payments by direct debit on agreed dates, one month in advance of the rental period. Invoiced amounts shall be due and payable by the Customer within 30 days of the date of invoice. Time for payment shall be of the essence of the contract. The Customer shall pay all amounts due under the contract in full without any set-off, counterclaim, deduction or withholding except as required by law. Protrack Solutions Ltd may, without limiting its other rights or remedies, set off any amount owing to it by the Customer against any amount payable by Protrack Solutions Ltd to the Customer. Protrack Solutions Ltd shall be entitled to charge interest on overdue invoices pursuant to the Late Payment of Commercial Debts (Interest) Act 1998 or if not applicable, at a rate of [4] % per annum above the base rate of the Bank of England from the date when payment becomes due plus a £35.00 administration fee. Such interest shall accrue daily from the due date until actual payment of the overdue amount, whether before or after judgment. Without prejudice to its other rights and remedies for non-payment, Protrack Solutions Ltd shall be entitled to suspend its Services to the Customer and/or delivery of Products because of any sums being outstanding. The Customer additionally agrees that as a part of Protrack Solutions Ltd.’s assessment for the granting of credit (if credit is applied for), the Customer will complete an Application Form and will permit Protrack Solutions Ltd to send details of the Customer’s application to its credit referencing agency who will search databases to which it has access. It may also search a credit reference agency for information relating to the Customer (and in the case of a non-limited business, also relating to the proprietors). The credit reference agency will record the fact of that search in the name of the Customer. The Customer will also authorise its bankers to provide an opinion as to their/its suitability for the requested account. The first invoice shall consist of a month advance rental followed by the first month rental plus fittings and additional costs if incurred.

Limitations of use. Protrack Solutions Ltd Products are sold as a tool to aid time and financial accountability as well as the monitoring of the location of the device (and any vehicle into which it is fitted at that time). Protrack Solutions Ltd Products are not sold as anti-theft devices.

2 Way SMS Centre. As part of the Products, Protrack Solutions Ltd offer a third party 2-way SMS service which allows the Customer to communicate with one another and the devices and vice versa. If this additional feature is opted for by the Customer (as per the Order Confirmation Form), Protrack Solutions Limited shall operate this Service as a chargeable extra of 0.05p per SMS message and will regularly monitor the usage. Protrack Solutions Limited reserves the right to remove this service at any time during the contract term without prior notice. The contract is not dependant on SMS and is purely hosted by Protrack Solutions Limited as a third party add on to our fleet management services.

SIM Cards. 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. If Protrack Solutions Ltd has reasonable grounds to believe that the Customer may be in breach of the provisions of this clause, Protrack Solutions 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 supplied to the Customer remains the property of Protrack Solutions Limited, but it is the Customer’s responsibility to safeguard it. SIM Cards are easily damaged and should be handled with care if removed from the equipment. Protrack Solutions Limited will replace any SIM Card found to be defective through faulty design or workmanship. In any other circumstances however, Protrack Solutions Limited reserve the right to charge for replacing it. Protrack Solutions Limited additionally reserves the right to recall any SIM Card from the Customer at any time to enhance or maintain the quality of the Services. The Customer must inform Protrack Solutions Limited immediately if the SIM Card supplied in the equipment is lost, stolen or damaged. The Customer agrees to remain liable for all charges incurred until it provides the notification to Protrack Solutions Limited. Protrack Solutions Limited will send the Customer a replacement SIM Card as soon as reasonably practicable but reserves the right to charge for doing so.

Roaming Services. Roaming Services rely on the telecommunications systems of foreign networks, over which Protrack Solutions Limited has no control. Protrack Solutions Limited therefore cannot offer any guarantees about roaming services. International roaming is de-activated by default and a request must be made in writing to Protrack Solutions Limited to activate international roaming. All roaming costs incurred whilst abroad will be charged back to the Customer.

Intellectual Property Rights. Protrack Solutions Ltd retains all Protrack Solutions Ltd owned intellectual property and Services. Copyright and all other intellectual property rights subsisting in the database accessible via the Services and each piece of information provided through the Services ’the information’ is owned by Protrack Solutions Ltd or the providers of such information. The Customer may use information retrieved from the Services only for its 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 Protrack Solutions Ltd prior written consent.

Confidentiality. Both Protrack Solutions 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 to be limited to: business plans, lists of Customers, operational and technical data, and Product plans. Protrack Solutions Ltd and the Customer shall only disclose such confidential information to those of its employees, agents and subcontractors who need to know it for the purpose of discharging obligations under the contract, and shall ensure that such employees, agents, and subcontractors comply with the obligations set out in this clause as though they were a party to the contract. The parties may also disclose such confidential information as is required to be disclosed by law, any governmental or regulatory authority or by a court of competent jurisdiction. The provisions of this clause shall survive the termination of any contract between the Customer and Protrack Solutions Ltd. Protrack Solutions Limited reserves the right to disclose any Customer data held on its software systems (including but not limited to the location and movement of vehicles containing its Devices) to regulatory bodies such as the Police, Serious Fraud Office etc. without notice and without recourse to the Customer.

Cancellation. Orders placed in whole or in part cannot be cancelled or amended except with Protrack Solutions Ltd.’s express prior consent. The Customer shall be responsible for all costs incurred by Protrack Solution Ltd on account of any cancellation of an Order or amendment to an Order. Products and goods returned without Protrack Solution Ltd.’s prior consent will not be accepted for credit and the Customer will be charged the full invoice amount in respect of the returned Products. In the event of a cancellation, Protrack Solutions Ltd reserves the right to carry out the final de-fit services (at the agreed cost per unit as outlined in the Order Confirmation Form) to confirm that the Product is complete and in working order. Should units be removed without the prior consent of Protrack Solutions Limited for any reason, Protrack Solutions Limited reserve the right to charge the full unit cost plus contract fees for the remaining duration especially if the device has been proven to be damaged or returned in a fully non-working condition. This is inclusive of antennas, sim cards and wiring looms.

Additional Tracking Devices. Providing that the Order Confirmation Form is varied by agreement between Protrack Solutions Limited and the Customer, additional devices can be added to a customer’s account on the same basis as the original contract and terms, including but not limited to the same rental premium, the same install, defit and refit costs. However, Protract Solutions Limited reserves the right to insist that each additional device be taken out for the full minimum term commencing on the date on which the additional device is added to the agreement as per the original contract terms.

Indemnification. The Customer shall indemnify Protrack Solutions Ltd against all claims, costs, and expenses, including but not limited to reasonable legal fees and reasonable management time which Protrack Solutions Ltd may incur and which arise, directly or indirectly, from the Customer's breach of any of its obligations under this contract, including costs incurred by Protrack Solutions Ltd to defend the contract Terms.

Liability. Without prejudice to any other provision of these Terms, Protrack Solutions Ltd shall under no circumstances whatever be liable to the Customer for any economic (including without limitation, loss of revenues, profits, contracts, business or goodwill or anticipated savings), special, indirect or consequential losses arising under or in connection with the contract and Protrack Solutions Ltd.’s total liability to the Customer in respect of all other losses arising under or in connection with the contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed £10,000. Nothing in these Terms shall exclude or limit Protrack Solutions Ltd.’s liability for death or personal injury resulting from Protrack Solutions Ltd.’s negligence or that of its employees or agents or for fraud or fraudulent misrepresentation. This clause shall survive termination of the contract.

Information Technology Installation. Installation of software onto the Customer's computers is undertaken with the understanding and the agreement by the Customer that Protrack Solutions Ltd takes no responsibility for any problems in relation to software or hardware that may occur whilst doing so and it is also the Customer's responsibility to ensure their data on these computers is backed up before any installation of software by Protrack Solutions Ltd.

Inspection Independent testing and inspection, if specified by the Customer or its agent, shall be at Protrack Solutions Ltd.’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 to remedy of a third party which exists or is available apart from that act.

Force Majeure. Protrack Solutions Ltd shall not be liable to the Customer for non-performance or delay in performance of any obligations under these Terms or loss or damage of any Products due to acts of god, war, riot, civil commotion, embargo, strikes, fire, flood, storm, 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 Protrack Solutions Ltd. If the Protrack Solutions Ltd is prevented from providing any of the Products and/or Services for more than 12 weeks, Protrack Solutions Ltd shall, without limiting its other rights or remedies, have the right to terminate this contract immediately by giving written notice to the Customer.

Right of hardware, software and sever change. Protrack Solutions Ltd reserve the right to change, alter, amend, or update the hardware, software and/or servers at any time without the Customers consent on a like for like basis or with additional features and functionality.

Termination. Without limiting its other rights or remedies, each party may terminate this contract with immediate effect if: (a) the other party commits an irremediable breach of the Terms, persistently repeats a remediable breach, or commits any remediable breach of these Terms and fails to remedy it within 30 days of receipt of written notice of the breach or if the Customer does any acts that might jeopardise the continuance of the Services: or (b) the other party commences negotiations with, arranges with or enters a compromise with its creditors, becomes the subject of a voluntary arrangement, receivership, administration, liquidation or winding up, is unable to pay its debts or otherwise becomes insolvent or suffers or is the subject of any execution, event of insolvency or event of bankruptcy or any other similar process or event, whether in the United Kingdom or elsewhere; or (c) the other party ceases or threatens to cease to carry on business; or (d) if a party has reasonably cause to believe that any of the above events is about to occur in relation to the other party and notifies the other party accordingly. Without limiting its other rights or remedies, Protrack Solutions Ltd may terminate the contract with immediate effect by giving written notice to the Customer if the Customer fails to pay any amount due under this contract on the due date for payment or if there is a material change in the management, membership, or control of the Customer. On termination of the Contract for any reason: (a) the Customer shall immediately pay to Protrack Solutions Ltd all Protrack Solutions Ltd.’s outstanding unpaid invoices and interest and, in respect of Services supplied but for which no invoice has yet been submitted, Protrack Solutions Ltd shall submit an invoice, which shall be payable by the Customer immediately on receipt. (b) the Customer shall allow Protrack Solutions Ltd to de-fit the Products at their convenience. If the Customer fails to do so, then Protrack Solutions Ltd may enter the Customer's premises and take possession of the Products. Until they have been returned, the Customer shall be solely responsible for their safe keeping and will not use them for any purpose not connected with this Contract. (c) the accrued rights and remedies of the parties as at termination shall not be affected, including the right to claim damages in respect of any breach of the Contract which existed at or before the date of termination or expiry; and (d) clauses which expressly or by implication have effect after termination shall continue in full force and effect.

Customer Termination. Other than as set out above, this contract is non-cancellable and must run for the FULL Term plus the minimum notice period as stated in the contract. Should the Customer wish to terminate the Contract after expiry of the Initial Term, the Customer must provide Protrack Solutions Ltd with the minimum notice stipulated in the Order Confirmation Form or twelve months if not stipulated. Protrack Solutions Ltd reserve the right to request full payment of the contract to cancel the agreement should the Customer wish to terminate the contract early. If no cancellation has been received within three months of the contract end date, the contract will continue to run on a rolling twelve-month contract term including all services and any additional devices supplied by Protrack Solutions Limited requiring a 12 month termination notice..

Assignment. Protrack Solutions Ltd may at any time assign, mortgage, charge, transfer, subcontract, or deal in any other manner with all or any of its rights under the Contract and may subcontract or delegate in any manner any or all of its obligations under the Contract to any third party. The Customer may not assign, mortgage, charge or otherwise transfer any rights or obligations under this contract, in whole or in part, to any third party without the prior written consent of Protrack Solutions Ltd.

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. General. If any part of the Terms should be found to be invalid or unenforceable by a court or other competent authority, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable and if such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this clause shall not affect the validity and enforceability of the rest of the contract. Each of the parties agrees that these Terms represent the entire agreement between them and supersedes any previous agreements, arrangements, undertakings, or proposals, oral or written. The Customer acknowledges that it has not relied on any statement, promise, representation, assurance, or warranty made or given by or on behalf of Protrack Solutions Ltd which is not set out in these Terms. 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. These Terms apply to the contract to the exclusion of any other terms that the Customer seeks to impose or incorporate, or which are implied by trade, custom, practice, or course of dealing. A waiver of any right under the contract or law is only effective if it is in writing and shall not be deemed to be a waiver of any subsequent breach or default. No failure or delay by a party in exercising any right or remedy under the contract or by law shall constitute a waiver of that or any other right or remedy, nor prevent or restrict its further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall prevent or restrict the further exercise of that or any other right or remedy. Nothing in the Contract is intended to, or shall be deemed to, establish any partnership or joint venture between any of the parties, nor constitute either party the agent of another party for any purpose. Neither party shall have authority to act as agent for, or to bind, the other party in any way. Except as set out in these Terms, no variation of the contract, including the introduction of any additional terms and conditions shall be effective unless it is agreed in writing and signed by Protrack Solutions Ltd.

Vehicle Tracking Notices. Protrack Solutions Limited will as standard operating procedures, fit a 300mm x 80mm visible aid to the rear bumper (or similar location) to all vehicles installed with its tracking hardware informing that the vehicle has been installed with a vehicle tracker from Protrack Solutions. This acts as a deterrent for thieves and reduces the risk of a break in or vehicle theft. If the Customer does not wish for the engineers of Protrack Solutions Limited to attach bumper stickers upon each install, 24 hours advance written notice needs to be provided by the Customer or alternatively please confirm here I do not want Protrack Solutions Limited to provide a visible aid to my rear bumper.

 OCS Modules. OCS (One Core Software) Modules are sold as additional add on fleet management and service modules to the contract. These modules are priced individually or can be purchased with a discount based on a multi module discount as specified in the contract. These modules will run the full term of the contract and will be added to the customers’ invoice.

Bespoke Development. Should the customer require any bespoke software development, Protrack Solutions Limited will quote for this work in advance. All bespoke development is to be paid for by the customer with a 50% deposit payment followed by 50% on deliverables. Protrack Solutions Limited reserves the right to subcontract bespoke development where they see fit.

Terms and Conditions. These terms and conditions are provided on the website www.protrack-group.com/termsandconditions for customers. These terms and conditions DO NOT need to be initialled to be enforceable, this is requested purely as a courtesy. It is the customers responsibility to read and understand them prior to signing any form of contract with Protrack Solutions Limited.