Terms and conditions for use of the mobile services GPSoverIP/DATAoverIP
§1 Involvement of the General Conditions (GTC) in the contract
Our general terms and conditions apply to all contracts between the company GPSoverIP GmbH and their customers. By contract, the customer accepts it as part of the contract.
§2 Scope of Contract
Agreements for the use of mobile services DATAoverIP and GPSoverIP are exclusively based on the following conditions. Opposing or deviating user agreements from our conditions we do not accept unless we have expressly agreed to their validity. Our terms and conditions apply, even if we are aware of conflicting or deviating from our conditions of the user agreements to supply or provide certain services to the user. Additional and divergent agreements need effective written confirmation to become legally.
§3 Software use
For the use of the mobile services GPSoverIP and DATAoverIP the GPSoverIP GmbH originally supplied to the user appropriate programs. These programs are - if not stated otherwise - free of license fees and multi-user and will continue to evolve. The user is free to start an update of programs on demand via the Internet, as well as the direct access to our customer website. All software updates - to the extent otherwise stated – are free of charge. The user bears sole responsibility for the timeliness of its software being used. By accepting the software, the buyer expressly acknowledges the licensing and other conditions. This applies fully to the delivery of attached special software trial versions of other manufacturers. GPSoverIP Ltd. does not care at this third party software, to what extent the wider use is controlled by the third party. This agreement takes the user directly to the vendor. Software can not be exchanged or returned for licensing reasons. The software provided by us is checked to the best knowledge and belief, and by the current state of the art of harmful factors (viruses, worms, Trojans etc) on accuracy. However, we can not be held liable for any errors, defects or problems caused by this software. GPSoverIP GmbH reserves the right to change the design of the GPS Explorer software and Web explorer website and the manner in which the position data appears.
§4 Devices with SIM Card from GPSoverIP GmbH
(a) GPSoverIP GmbH provides the customer a SIM card for different GPSeye models, for which the customer a license in connection with the GPSoverIP / DATAOVERIP purchased services. This SIM card, the customer may use only in combination with the GPSeye and for purposes of transferring data between DATAoverIP the fleet and GPSoverIP platform.
(b) The ownership of the SIM card supplied by the GPSoverIP GmbH is held by GPSoverIP GmbH. The customer has to return or destroy these SIM cards upon expiration or termination of the contract.
(c) The customer provides the GPSoverIP GmbH and related companies free of and defends against losses, damages, fines, costs or expenses (including attorneys' fees) arising out of or in connection with lawsuits, particularly of the mobile communication service provider, when the use of supplied SIM Cards by the customer does not comply with the contract
(d) The use of mobile services GPSoverIP DATAoverIP is the service requirements for the intended use as a basis (see product manual). The built-in data SIM card is of sufficient size with sufficient capacity for all the possibilities of its intended use. Improper use of the services (e.g., excessive benefits of the Internet), this capacity will be exhausted. This results in additional costs of the providers that the users will be billed accordingly. The GPSoverIP GmbH is granted by the user the right, in this case, the mobile services GPSoverIP DATAoverIP restricted as to use the agreed fee - based on the predetermined capacity of the built-in data SIM card - not to exceed.
(e) An extension of the SIM card is not permitted and immediately terminates the contract. GPSoverIP GmbH reserves the right to initiate development in the case of SIM legal action and claim a penalty of at least 24 monthly fees.
§5 Force majeure - the influence of third parties
If a Party of its obligations under the contract due to force majeure, in part, or may provide late, that party is not committed to provision or on-time performance of their duties, in the time the force majeure continues. An exempted from the obligation party agrees to do everything possible to overcome the force majeure or circumvent in order to fulfill its obligations under the Treaty. The Customer acknowledges that these GPSoverIP / DATAoverIP services, depending on the performance of third parties which provision these services, and therefore GPSoverIP GmbH can not guarantee:
(a) that the mobile communications services throughout and are available everywhere (for example, due to gaps in network coverage and the fact that these suppliers reserve the right to offer their services from maintenance purposes, security purposes, to break due to official statements, etc.);
(b) the speed with which the position data is transmitted.
The customer frees the GPSoverIP GmbH and affiliated companies from liability for losses, damages, fines, costs or expenses (including attorneys' fees), arising out of or in connection with legal action by a third party, that the position data (or information) to be sent from or to the GPSoverIP platform, applicable law or violate the rights of third parties.
§6 Fees for mobile Services GPSoverIP und DATAoverIP
The fees will be payable at the beginning of each month in advance and will be charged via direct debit, plus applicable VAT. The customer gives his consent to this. The user agrees to maintain at the time of direct debit collections adequate for the amount of user fee funds on the account given by him. For a chargeback from the bank, GPSoverIP GmbH charges a fee, if the chargeback is the responsibility of the user. The user can set off against claims of GPSoverIP GmbH only if his claims have been established or are undisputed.
The right of retention is only permissible if the counter-claim by the user on the same contractual relationship. In the event of default, the user's interest at the statutory rates is claimed. The proof of greater damage is the responsibility of GPSoverIP GmbH, the proof of lower damage to the customer.
In the case of complaints, the user has no right to defer the payment of fees required to remedy the defect. This does not apply to gross violations of the contract by the GPSoverIP GmbH.
§7 Fees for additional services
With the GPSeye and the GPSoverIP software the user has the possibility to use even more services - for example, SMS (Short Message Services) - to transmit its data. These additional services are not part of the monthly usage fee and are charged separately.
§8 Use of Internet and SMS (Short Message Service) abroad
The use of internet (e.g. with the GPSeye IN1) and SMS abroad entail additional costs that are not part of the monthly usage fee and will be charged and therefore separate.
§9 Manual use of the mobile services abroad without international tariff
It is possible to use the mobile services GPSoverIP DATAoverIP without international rate with a manual query. In this individual made “abroad query” by the user without international tariff and also when used with international deal, but outside of the particular provider-defined "group of roaming countries" entail additional costs that are not part of the monthly usage fee and are therefore calculated separately.
§10 Changes of General Conditions (GTC) and Specifications
If the GPSoverIP GmbH intends to change their general Terms and Conditions, the specifications or prices, the GPSoverIP GmbH will make a written offer to amend customers his contract. If the GPSoverIP GmbH changes Terms and Conditions, the specifications or the prices to the detriment of the customer, the customer may object to the change within 6 weeks after the notice of change in writing. 'Is not the customer on time, the changes shall be approved. The GPSoverIP GmbH informs the customer about this consequence with notice of change. If the GPSoverIP GmbH informs the customers after his opposition, that no continuation of the contract under the same conditions is possible, the customer may cancel the contract within 1 month after the notification of the effective date of the change. The amended terms shall be approved if the customer not uses this right to terminate.
§11 Use of mobile services GPSoverIP und DATAoverIP abroad with international Tariff
With a contract using the international tariff the customer has the option of using the mobile services GPSoverIP DATAoverIP also abroad. In that case the use of Internet and SMS (Short Message Services) abroad is expressly excluded. The use of the mobile services GPSoverIP DATAoverIP is allowed only within each defined group of countries of the used mobile phone provider. For manual use of the mobile services GPSoverIP DATAoverIP outside this group incurred additional costs that are not part of the monthly usage fee and are therefore calculated separately. You can ask your valid country group list during normal business hours at the e-mail email@example.com telling your device serial number.
§12 Auto-activation of the mobile service and services GPSoverIP DATAoverIP abroad without international tariff
The principle of the mobile services GPSoverIP and DATAoverIP is to provide the user at any time a complete record of the GPSoverIP and DATAoverIP data. The GPSeye IN1 has an internal memory to record the mobile data services abroad. This may result in a memory overflow on foreign trips. In order to avoid loss of data for the user the stored data is transferred automatic before memory overflow. If there is no international tariff used, resulting in this case additional costs appear which are not part of the monthly usage fee and therefore are calculated separately.
§13 Discontinuation of the mobile services GPSoverIP and DATAoverIP
GPSoverIP GmbH can not be justified claims of the user, to terminate the mobile services GPSoverIP and DATAoverIP prior written notice of the following reasons, temporarily, partially or completely:
1) The user culpably violates contractual provisions despite warning.
2) The quality of the service is affected or disturbed because of a wrongful act or omission by the user.
3) If not caused by GPSoverIP mobile network failures or necessary technical changes to the transmission networks.
In case of GPSoverIP data center failure, or failure in mobile services GPSoverIP and DATAoverIP with duration of more than three days the customer is exempt from fee for the duration of the outage.
§14 User blocking
The user agrees that his personal data is used by GPSoverIP GmbH Company internally and may obtain from SCHUFA or external credit agencies require a credit check. GPSoverIP GmbH reserves the right to block the entrance to their mobile services DATAoverIP and GPSoverIP at non-payment of royalties’ bill pending receipt of fees due. The lock does not occur when the user raised reasoned objections against the bill. GPSoverIP GmbH is entitled to block the mobile services and GPSoverIP DATAoverIP to the granting of appropriate security This happens when the GPSoverIP GmbH circumstances become known after the contract commencement, entitled to reasonable doubt as to the solvency and creditworthiness of the user.
§15 Responsibility and obligation of the user
The user has to inform immediately in writing of any change to the GPSoverIP GmbH of his name, company name, residence or place of business, of his account, and similar essential for the contract conditions. The customer is responsible for equipping the fleet with functioning GPSeye and ensures the ability of these devices to connect. The customer is responsible for ensuring that he has fully functional browser software and Internet access to the GPSoverIP / DATAOVERIP service with sufficient transmission capacity, and for the proper configuration of GPSoverIP / DATAOVERIP services. GPSoverIP GmbH does not guarantee that GPS or the mobile communication services in the future support of the GPSoverIP / DATAOVERIP services offered functions. The GPSoverIP GmbH guarantees nor that the client successfully to will be able to use the GPSoverIP / DATAOVERIP services, due to the fact that such use depends partly on circumstances that are outside of the GPSoverIP GmbH reasonable control.
§16 Transfer of rights under this agreement by the user to third party
The user is not entitled to transfer, rights under this contract to a third party.
But he is entitled to allow third parties to use the mobile services GPSoverIP and DATAoverIP for his vehicles, in this case, he remains the contractor of GPSoverIP GmbH and he is fully liable for all obligations under this Treaty, in particular for the payment of royalties. GPSoverIP GmbH grants the necessary access keys which are needed for the functioning of mobile services GPSoverIP and DATAoverIP, exclusively to the buyer of the unit. GPSoverIP GmbH can not be taken for damage recourse arising from the distribution of some or the entire access key by the user to user selected Third and the related share on its vehicles.
§17 Termination of the mobile services GPSoverIP and DATAoverIP
The license agreement for mobile services GPSoverIP and DATAoverIP has duration of at least 24 months. The Parties may terminate the contract in writing for the first time at the end of the chosen period by serving a notice period of three months to the calendar month end. The contract period shall be extended thereafter for successive periods of 12 months, unless the user has terminated the agreement in writing before the end with a period of three months to the calendar month end. If a mobile phone contract was entered into directly with a provider, this must be terminated by the customer in observance of the deadlines in the local cell phone provider.
Schweinfurt, the 01/01/2014