Terms & Conditions of WIXTrac service agreements

1. Definition

1.1. “Agreement” shall mean this document and the provisions of WIXTrac Service Agreement, Software Application Services and GPRS services.

1.2. “Asset” means any vehicle, motorcycle, plant and equipment or boat in which WIXTrac devices are installed.

1.3. “WIXTrac device” means a GPS Tracking System using GPS and Satellite Technology and any future models or variations during the term of this Agreement.

1.4. “GPRS Service Provider” means the communications service provider being Optus, Vodafone, and Telstra and may vary from time to time.

1.5. “Business Management Service” means communications services required for the WIXTrac device to transmit information to the WIXTrac web-server.

1.6. “Coverage area” means the GPRS wireless coverage area as defined by the selected GPRS service provider from time to time.

1.7. “Third Party Equipment” means any equipment supplied by a third party to be installed in the Asset and used in conjunction with WIXTrac device.

1.8. “User Manual and Installation Manual” means hardcopy or softcopy brochures available from WIXTrac which may be amended from time to time, which details the correct use of WIXTrac devices and Business Management Services.

2. Installation and use of WIXTrac System

2.1. The Customer will use WIXTrac and the Business Management Service strictly in accordance with the User Manual and Installation Manual and will ensure that all other persons operating the WIXTrac devices and Business Management Services are familiar with the operation.

2.2. The Customer will be provided with security details (User Log ins & Passwords) by WIXTrac or its representatives. The Customer must not disclose their security to any unauthorised person.

3. Live Tracking Service

3.1. In return for a Management Service fee, also known as tracking fee, WIXTrac will provide the Business Management Services as requested by the Customer, commencing on the date agreed upon by the Customer and WIXTrac. This includes free website upgrades.

3.2. The Customer acknowledges that all Software, Mapping Data and Reports remain the property of WIXTrac and the Customer has rights to the use of Business Management Services when Management Service fees are paid in full and up to date.

3.3. Without limiting Clause 7.1 where the Customer has not prepaid for Management Services, the Customer may be unable to access its asset tracking data and WIXTrac may not be obliged to provide the Management Service whilst the Management Service fee remains unpaid.

3.4. WIXTrac provides unlimited historical data while an asset is under a tracking plan. Historical data will be deleted once an asset has had its tracking plan cancelled.

4. Prices and Payments

4.1. Title of the products does not pass onto the Customer until the devices have been paid for in full.

4.2. Where the Customer pays for goods and services by direct debit, the Customer acknowledges that WIXTrac is authorized to deduct all due payments on the due dates.

4.3. Where the Customer makes payments to WIXTrac by way of credit card, the Customer must immediately notify WIXTrac of the loss, theft or expiry of the particular credit card so that payments are not terminated.

4.4. In the event where your overdue account is referred to a collection agency and/or law firm, you will be liable for all costs which would be incurred as if the debt is collected in full, including commission on collection of the additional costs and also including legal demand costs

5. Risk

5.1. The Customer expressly acknowledges that due to circumstances beyond the control of WIXTrac, including (but not limited to) software viruses, power failure, electrical or topological interference, equipment malfunction, tampering by unauthorised persons and the actions and omissions by suppliers of telephone services, Police or Emergency Services or security patrol services, the WIXTrac Devices and Business Management Services may not operate as designed on a continual basis. The Customer also acknowledges that WIXTrac is not responsible for damages to the Devices and Business Management Services or their failure to perform, as a result of any location, accident, vandalism or other consequence.

5.2. The Customer therefore understands and agrees that WIXTrac will not be responsible for the failure of the WIXTrac Devices and Business Management Services, and any resulting loss or damage when due to the circumstances outside its control as envisaged in clause 5.1 or otherwise.

5.3. The Customer acknowledges that WIXTrac is not responsible for malfunction of or failure to function by the Third Party Equipment or any damages caused as a result of such failure or malfunction.

5.4. The Customer acknowledges that regardless of the quality of data obtained by the WIXTrac Devices and Business Management Services or GPRS Service provider, the Customer is liable to pay any agreed charges, until a written Termination of Services is received from the Customer. (subject to Clause 7.1)

5.5. The Customer acknowledges that the laws vary between states and is advised to check the Surveillance Act for their local area.

6. Change Ownership

6.1. The Customer must notify WIXTrac where the Customer’s Devices have been assigned, sold or leased to a third party. This Agreement will terminate following entry into a new Agreement by the third party or otherwise in accordance with Clause 4.

7. Termination

7.1. The Customer may terminate this agreement by giving at least 30 days written notice to WIXTrac. Where the Customer is in default or the Customer terminates this Agreement, no refund of prepaid Business Management Services fee will be payable. The Customer must pay any outstanding access or messaging charges as detailed in the Agreement up to the date of termination.

7.2. WIXTrac may terminate this Agreement by written notice. Where WIXTrac terminates this agreement, a pro-rata portion of the Business Management Services fee for the period not yet expired will be refunded to the Customer.

7.3. Upon Termination, the Customer is responsible for paying out the remainder of their dues if any, plus any outstanding cost of the devices.

8. Basis of Order

8.1. An order by the Customer will only be binding if it is issued to WIXTrac by email or through representative (or other purchase order document normally binding on the Customer), and signed by the Customer. WIXTrac retains the right at all times to accept or refuse an order.

8.2. WIXTrac will arrange activation of the sim cards upon receipt of valid Activation information and instructions, to be provided by the Customer.

9. Warranty

9.1. WIXTrac warrants that the products supplied will be free from defects in materials and workmanship for a period of thirty six (36) months from the date of purchase. Any such defects will be remedied by repair or replacement at the discretion of WIXTrac. This warranty shall only apply when the goods are used for their intended purpose as described in this Agreement.

9.2. Where operation of WIXTrac is dependent on third party telecommunications infrastructure, landline, or radio communications service, WIXTrac shall not be responsible for system or product performance due to the unavailability of these services.
9.3. This warranty shall become null or void if:

9.3.1. Any person who is not authorised by WIXTrac to modify, service, repair, assemble, disassemble, tamper with or remove the WIXTrac devices ( or components thereof ), does so and causes damage 

9.3.2. WIXTrac devices are effected by fire, water, flood, frost, ice, wind, fusion, immersion in any liquid, lightning, power surges, induced electrical surges including but not limited to Radio Frequency or Electromagnetic Interference, earthquake, elements of nature or an act of God, riot, civil disorder, vandalism, strikes or industrial strife, theft, accident, war, lockouts, road closure, or any similar cause beyond the reasonable control of WIXTrac;

9.3.3. WIXTrac devices are physically or operationally abused or damaged whether deliberately or by misuse.

9.3.4. WIXTrac devices are affected by any system or asset malfunctions caused by abnormal operation or by unspecified, undocumented or unexpected operation of any third party computer hardware or system.

9.4. This warranty does not apply to any Third Party Equipment forming part of the Order but WIXTrac will endeavour to preserve and pass onto the Customer and any third party warranty applicable to Third Party Equipment.

10. Coverage / Internet & Wireless Telecommunications

All signal coverage indicated on maps provided by telecommunications providers are intended as a “guide only” at the time of publication. As with any network based on satellite and wireless technology, local conditions may impact on the reception within the coverage areas, this may include such things as mountains, hills, bridges, power lines, road cuttings, tunnels, concrete buildings etc. The Supplier is not in control of the wireless networks and internet connections used and cannot accept responsibility for any shortcomings or failures of any satellite, wireless, telecommunication networks or internet connections utilised in the delivery of the products and services. Nor can the Supplier be held responsible for any inability to deliver due to any failures or downtime of any satellite, wireless network or internet connections used, even if such downtime causes the Customer to be financially prejudiced or prejudiced in any other manner.

11. Locations and positions

The GPS unit will periodically report locations and positions back to the Supplier’s server’s for listing in the Customers secured area of our website.The Global Positioning System (GPS) is a satellite-based system that provides location and timing information around the globe.

GPS is operated and controlled under the sole responsibility of the Government of the United States of America, who are responsible for its availability and accuracy. Any changes in GPS availability and accuracy, or in environmental conditions, may impact the operations of the device. The Supplier cannot accept any liability for the availability and accuracy of GPS.