TERMS AND CONDITIONS
GPS TRACKING SYSTEM
This agreement is entered between “the Customer” and Telesom Company (hereinafter referred to as “Telesom” or “the Company” or "the Provider")
By registering for the GPS tracking system, you agree to the following terms and conditions:
"Subscription Agreement" or "Agreement" is this agreement that Customer enters to gain access to the Service
"The Service" is the AUTO GPS tracking system installed on the vehicle
"The customer "is the person (natural or legal) who enters into this agreement with Telesom.
"Telesom Company" is the legal entity responsible for providing the Services, and will hereinafter only be referred to as “the Company”.
"You or your" means the Customer.
"Vehicle" means the motor vehicle specified on the subscription form
This agreement shall commence upon signing of the subscription form.
This agreement shall remain in full force and effect until terminated.
The Provider grants to Customer and the Customer accepts from the Provider a limited, non-exclusive, non-transferable right to access and use and permit authorized users to access and use the Services solely for Customer’ internal use.
The Provider will install the GPS equipment at the agreed time and premises.
The Customer shall keep SMS and Internet balance on the SIM Card topped up at all times.
The Company shall make all reasonable endeavours to ensure uninterrupted and continued service on an availability rate of 95%.
The Provider shall provide support services to the customer during the agreement term, in accordance with the standards of skill and care reasonably expected from the Provider.
Telesom further reserves the right to perform maintenance the Company deems necessary, and have not responsibility for any interruption this may cause. In the case of planned interruption, advance notice shall be given.
The Provider reserves the right to change the pricing of the Service upon not less than thirty (30) days written notice to the Customer.
THE CUSTOMER’S OBLIGATIONS
The Customer shall exercise diligence in protecting customers’ log in and passwords and ensure that equipment, codes and passwords used to access the Services are handled in a secure manner and stored and used in such a way that unauthorized individuals not able to gain access to them, and shall ensure that the equipment is not tampered with.
To prevent misuse of the Service, the Customer must notify the Provider immediately if he/she is aware of or suspect that equipment, codes or passwords have been lost or that unauthorized individuals have acquired access to the Service.
The Customer is responsible for security vulnerabilities due to disclosure of in log-information or transfer of content to a third Party.
The Customer shall unsubscribe to the Service if the vehicle is sold or transferred to another person. The Customer shall continue to pay for the Service until the Provider is correctly informed of the sell or transfer.
The Service may only be transferred to the new vehicle owner, if the payments due are made.
The Customer agrees that until this agreement is cancelled, the Customer will remain responsible for all fees for the remainder of the agreement.
BREACH OF CONTRACT
The Provider may suspend, revoke, or limit Customer’s use of the Service if the Provider determines there is a material breach of the Customer’s obligations, or violation of law or a security insufficiency. A breach of the Agreement includes, but is not limited to, the following events:
The Customer at the time of the Agreement or when registering to the Service, gave incorrect or incomplete information to the Provider.
The Customer’s activities or actions according to the Provider’s assessment is likely tobring damage, or likely to harm The Provider’s reputation or credibility.
The Customer uses the Service for any unlawful purpose, as mentioned in clause 8.
Failureto make the paymentsin a timely manner, despite repeated notices and payment reminders
The Provider may give the Customer a written notice and set a deadline for curing the breach to reinstate the Service. The deadline shall not be longer than 14 days. If the Customer fails to take such actions within a reasonable time, The Provider may terminate the Agreement.
This Agreement can be terminated without cause by either party with 1(one) month's written notice to the other party.
The Customer agrees not to use the service for any unlawful purpose or for any morally or ethically questionable purposes, or purposes which is in conflict with Sharia and applicable laws and regulations in Somaliland.
The Customer uses the Service an additional related services for a purpose other than the expressly permitted by the Provider.
This Agreement shall be suspended during the period and to the extent of such period that either of the parties are prevented or hindered from complying with the obligations under any part of this Agreement by any cause beyond either party’s reasonable control (force majeure).
Force majeure may include, but is not limited to exceptional events or circumstances of the kind listed below: war, terrorism and natural disasters or catastrophes (such as earthquake, hurricane, and typhoon).
Each party must notify the other in writing without undue delay if any of such Force Majeure events occurs using all reasonable endeavours to resume performance of this Agreement as soon as possible.
The Customer is liable for any damage, loss or destruction of the Provider's equipment, data or software if the loss, damage or destruction is caused by gross negligence or wilful misconduct by the Customer.
The Provider is not liable for any loss incurred by the Customer as a result of any third Party's unauthorized use of the Service.
The Provider is not liable for any loss incurred by the Customer in case of failure of locating the stolen/missing vehicle in the following cases:
The tracking device is tampered with or removed from the vehicle;
The SIM card is removed/damaged or in case of insufficient SMS and internet balance;
The vehicle is an area outside the Telesom network coverage.
The Customer shall be fully liable for all losses and damages arising out of or in connection with any breach the terms in this clause, and shall pay compensation for the damaged, lost or destroyed equipment, for up to $ 200.
If the Provider fails to comply with the availability guarantee in accordance with clause 3.2, the Customer is entitled to a one month waiver of payable fees.
PRIVACY AND CONFIDENTIALITY
In accordance with The Provider’s Confidentiality and Privacy Policies, The Provider and its employees are subject to a duty of confidentiality in relation to information concerning the Customer and the use of the Service. The Provider undertakes to protect any information the Customer provide, store or share using the Service.
Notwithstanding clause 11.1 the Provider may disclose the Customer's confidential information with the prior consent of the Customer or when required by law, court order or any regulatory or governmental authority.
The Provider will have and retain ownership to the Service and of all right, title and interest to technology and intellectual property developed by The Provider, its Affiliates and their personnel, whether or not relating to the patent rights and technology. The Provider shall be the owner of any improvements made to the Service through customization or otherwise
GOVERNING LAW AND JURISDICTION
This agreement shall be governed by the laws of Somaliland, and both parties agree to submit to the jurisdiction of the courts of Somaliland in the event that any proceeding shall be brought under the terms of this agreement.