PrimeTrackNigeria - Premium Fleet Management and Vehicle Security and Tracking Solutions

Terms & Conditions of Service/Purchase

1 DEFINITIONS
In this agreement the following expressions shall have the following meanings: -
1.1 "Contract period" - 12 months from the tracker installation date
1.2 "Network" - means the GSM network operated by the supplier network (e.g MTN, Glo, etc) or its subsidiaries & contracted by PrimeTrack Telematics Nigeria Ltd to provide GPRS & GSM services
1.3 "Territory" - the area of the Federal Republic of Nigeria that is covered by the network;
1.4 "PTNL" – PrimeTrack Telematics Nigeria Limited or PrimeTrakNigeria Company 
1.5 "Subscriber" - the Applicant/Subscriber to the PTNL services
1.6 "False Alarm" - any signal or telephonic message for which a response is activated, which is found not to be a positive hi-jacking, theft, or SOS situation.

2 APPOINTMENT AND TERMS
2.1 The subscriber hereby appoints PTNL as a provider of vehicle tracking services
2.2 This agreement shall continue indefinitely. However it may be terminated by giving three calendar month's written notice to the other party, which notice may not be given by the subscriber within the contract period.
2.3 The subscriber acknowledges that PTNL retains ownership of the SIM card used in the tracking devices at all times, and upon termination of this contract, PTNL shall be entitled to
recover such SIM cards at PTNL's expense; if required the subscriber shall allow PTNL access to the vehicle for this purpose.

3 THE PTNL SERVICE OBLIGATIONS
3.1 Should a subscriber report (which report must be done as soon as possible) a theft/hijacking of the vehicle to PTNL, PTNL will use its reasonable endeavours to track the vehicle.
3.2 The PTNL services are available only within the territory.
3.3 Only PTNL-approved tracking units installed by PTNL-approved fitment centres & technicians may be used and the subscriber undertakes not to alter, modify or tamper with the tracking unit and shall use the tracking system strictly in accordance with PTNL-advised literature and user documentations.

4 SUBSCRIPTION FEE DEFAULT
4.1 PTNL shall have no obligation to track or locate the vehicle if the subscriber is in default of any of its payment obligations.

5 FEES AND CHARGES
5.1 The subscriber shall on or before due date pay PTNL the monthly/annual subscription fee that was advised at the start of the contract plus all increases thereto (if any). It is agreed that PTNL may increase the monthly fee(s) as dictated by prevailing market forces.
5.2 All fees payable to PTNL in terms of this agreement shall be payable monthly, quarterly or annually IN ADVANCE either by direct credit to advised PTNL bank account or directly to a designated staff.
5.3 The subscriber shall pay PTNL, at PTNL's prevailing standard rates, which are available on request, all costs incurred as a result of or relating to a false alarm and the subscriber indemnifies PTNL and/or any of its contracting companies against any claim which may arise from any such false alarm.
5.4 The subscriber shall not withhold payment of any amount due for any reason whatsoever; any amounts not paid when due shall bear interest at the prime rate plus 17.5% from the due date until payment thereof, and PrimeTrack reserves the right to discontinue service to a subscriber upon default in payment of subscription dues after a grace period of one week has elapsed.
5.5 All subscription fees are paid in advance; i.e, fees for February are due for payment at end of January, etc.

6 LIMITATION OF LIABILITY
6.1 The subscriber recognises and agrees that the PTNL services/devices may reduce the risk of loss of vehicle/asset or personal injury, but will not eliminate such risks entirely. PTNL, its employees and agents shall not be held liable to the subscriber or any third party for any loss, liability, damage, personal injury, suffering, death or expense of any nature whatever which may be suffered by the subscriber or any third party as a result of or which may be attributable, directly or indirectly, to any tracking unit and the installation thereof and/ or any act or omission of PTNL and/ or PTNL's agents in providing (or failing to provide, as the case may be) the PTNL services, and the subscriber hereby indemnifies PTNL and its agents against any claim of whatever nature arising out of the aforegoing.
6.2 The subscriber acknowledges that although the GSM communication networks are used in providing the PTNL service, the GSM Service Providers are not parties to this agreement, and shall not be liable for any loss or damage suffered by the subscriber in any manner whatsoever. The GSM Service Provider shall be entitled to suspend the network service at any time in order to effect repairs and/ or conduct maintenance operations on the network, and the GSM Service Providers shall not be liable for any loss or damage suffered by the subscriber as a result of such suspension.

7 BREACH
If the subscriber: -
7.1 Fails to pay any amount under this agreement on due date; or
7.2 In PTNL's reasonable opinion, abuses or misuses the PTNL service, then PTNL shall be entitled to cancel this agreement or to claim immediate specific performance of all the subscriber's obligations, whether or not due for performance, in either event without prejudice to PTNL's right to claim damages.

8 GENERAL
8.1 This documernt constitutes the sole record of the agreement between the parties and any alteration or addition or agreed cancellation shall only be effective if written and signed by the parties. No indulgences which PTNL may grant to the subscriber shall constitute a waiver of any of PTNL's rights.
8.2 This agreement shall be governed by the laws of the Federal Republic of Nigeria. 
8.3 PTNL shall be entitled to cede, assign or transfer all or any of its rights and/ or obligations in terms of this agreement without the prior consent of the subscriber.
8.4 The subscriber understands that the accuracy of all information furnished by or on behalf of the subscriber is vital to the successful tracking of the vehicle. The subscriber shall forthwith notify PTNL in writing of any changes in the information set out on the face hereof.

Signed:
PRIMETRACK.