General Terms and Conditions of Service
PLEASE READ THIS AGREEMENT CAREFULLY TO ENSURE THAT YOU UNDERSTAND EACH PROVISION.
30 DAY CANCELLATION POLICY. Services purchased may be terminated within thirty (30) days of acitvation without paying an Early Termination Fee. I will pay for service fees and charges incurred through the termination date including any shipping charges. Sageplan will refund my activation fee, if any, if I terminate within three (3) days of activating the service. Also, I may have to return any devices and accessories purchased with this Agreement.
VIRTUAL FLEET DIRECTOR CONTRACT TERM. The contract term for a new Virtual Fleet Director Service Agreement is One Year. A no contract option is available for purchase at the rate of $100 per vehicle
GENERAL CONTRACT TERMS. Some services are available at a discount when a minimum service contract period is selected. Please contact customer service for additional details on no contract options for the product and service of interest.
PRODUCT RETURN POLICY. Units purchased (not rented) may be returned within 30 days of purchase for a full hardware refund if they are in new condition, less a minimum restocking fee of $20. The monthly service subscription may be refunded only if the device is returned unused within 10 days of purchase. Android Marketplace applications may be cancelled within 30 days of purchase for a full refund. For pay as you go plans, access credits used by the device starting at the original ship date will also be deducted from the refund. Credit balances of 25 or less will not be refunded. Deductions may be taken for units that are not returned in new condition, including units that show usage while in the customer’s possession. Refunds are available for rental units only if they are returned unused. Professional installation services are non-refundable.
After 30 days, no refund will be given on a product that has been opened or used. Sageplan reserves the right to refuse a refund if it appears that the product has been opened, used, or damaged. If the product is accepted for return after 30 days from the original sale, a 25% restocking fee will be applied to the refund amount.
MANUFACTURER’S WARRANTY: After 30 days, all warranty repair service will be supplied by the hardware manufacturer. The manufacturer’s warranty period for all products is as follows:
Ninety Day Warranty: SageTracker, ST200, Trackstick Battery, ST Personal, and Trackstick Pro.
One Year Warranty: ST Advisor, ST Guardian, HelioBoss, and ST Sentinel.
A return material authorization is required for all warranty returns after the initial 30 day period. We will forward all units to the manufacturer for evaluation, but we have no control over when the device will be evaluated. If the manufacturer determines that the device failed due to manufacturing defect, they will repair or replace the unit at their discretion. If the device is declared to have failed due to a cause not covered by the manufacturer, then it will not be replaced. All decisions by the manufacturer are final. The warranty covers only hardware originally produced by the manufacturer. All shipping and installation costs will be at the customer’s expense. Loaner units are available while your device is awaiting disposition from the manufacturer.
SHIPPING FEES. Shipping service level is selected by customer. If a product is returned for refund because it is defective, the shipping refund will be the lesser of the original shipping charge and $25 US. Shipping fees are not refundable for items returned under the 30 day product return policy. There is a $15 change of address fee if your order is in transit and the delivery address is changed by you.
Service Agreement Early Cancellation Fee: Early Termination of a Service Agreement Contract will be subject to a Fee equivalent to 50% of the cumulative monthly subscription charges remaining through the completion of the Agreement Term.
CONTRACT RENEWAL. AFTER YOUR SERVICE COMMITMENT EXPIRES, THIS AGREEMENT MAY AUTOMATICALLY RENEW UNTIL EITHER PARTY GIVES NOTICE PURSUANT TO THE TERMINATION PROVISION BELOW.
USE OF TERMS. “Sageplan” or “we” “us” or “our” refers to Sageplan Inc. “You” or “your” refers to the person or entity that is the customer of record.
CHARGES AND DISPUTES. You are responsible for paying all charges for or resulting from services provided under this Agreement. If you have not pre-paid for all of your services for the length of your contract, a charge may be imposed upon your credit card of record. YOU MUST, WITHIN 100 DAYS OF THE DATE OF THE BILL, NOTIFY US IN WRITING AT: Sageplan, Inc., 12871 Research Blvd, Suite 204, Austin, Tx 78750 (“Sageplan’s Address”), OF ANY DISPUTE YOU HAVE WITH RESPECT TO THE CHARGE, INCLUDING ANY SERVICE WE PROVIDED FOR WHICH YOU WERE BILLED, OR YOU WILL HAVE WAIVED YOUR RIGHT TO DISPUTE THE BILL OR SUCH SERVICES AND TO BRING, OR PARTICIPATE IN, ANY LEGAL ACTION RAISING ANY SUCH DISPUTE. Charges include, without limitation, recurring monthly and/or annual service, activation, reactivation, and late payment charges; and applicable taxes and governmental fees, whether assessed directly upon you or upon Sageplan. To determine your primary place of use (“PPU”) and which jurisdiction’s taxes and assessments to collect, you are required to provide us with your residential or business street address. If you do not provide us with such address, we may reasonably designate a PPU area for you. Except as provided below, subscription services and certain other charges are billed in advance, and there is no proration of such charges if service is terminated within 30 days of the end of your billing cycle. A full refund of any automatic subscription service may be issued if the customer cancels service within 3 business days of the latest subscription charge. You agree to pay for data services sent to and from your Equipment. If your device (“Equipment”) is lost or stolen, you will be responsible for all charges incurred on your phone number until you report the theft or loss to us. After you report the theft or loss to us, you remain responsible for complying with your other obligations under this Agreement, including, but not limited to, payment of your subscription service fee. You also remain responsible for paying your subscription service fee if your service is suspended for nonpayment. Sageplan may require payment by money order, cashier’s check or a similarly secure form of payment at our discretion. We will charge you $30.00 or the highest amount allowed by law, whichever is less, for any check or other instrument (including credit card chargebacks) tendered by you and returned unpaid by a financial institution for any reason. You agree to reimburse us the fees of any collection agency, which may be based on a percentage at a maximum of 33% of the debt, and all costs and expenses, including reasonable attorneys’ fees, we incur in such collection efforts.
CHANGES TO TERMS AND RATES. We may change any terms, conditions, rates, fees, expenses, or charges regarding your service at any time. We will provide you with notice of such changes. IF WE INCREASE THE PRICE OF ANY OF THE SERVICES TO WHICH YOU SUBSCRIBE, WE WILL DISCLOSE THE CHANGE AT LEAST ONE BILLING CYCLE IN ADVANCE (THROUGH A NOTICE TO YOUR BILLING ADDRESS OF RECORD AND THE SHIPPING ADDRESS IF IT IS DIFFERENT, OR OTHERWISE) AND YOU MAY TERMINATE THIS AGREEMENT WITHOUT PAYING AN EARLY TERMINATION FEE OR RETURNING OR PAYING FOR ANY ITEMS, PROVIDED YOUR NOTICE OF TERMINATION IS DELIVERED TO US WITHIN THIRTY (30) DAYS AFTER THE NOTICE REFLECTING THE CHANGE.
EQUIPMENT AND USE. Your Equipment must be compatible with, and not interfere with, our service, and must comply with all applicable laws, rules and regulations. We may periodically program your Equipment remotely with system settings and other features that cannot be changed manually. Equipment purchased for use on our service may not function on other services. You agree to comply with all applicable federal, state, local, and foreign laws, rules and regulations regarding the use of the Equipment and the service provided by Sageplan.
ADVANCE PAYMENTS AND/OR DEPOSITS. We may require you to make deposits or advance payments for services, which we may offset against any unpaid balance on your account. Interest will not be paid on advance payments or deposits unless required by law. We may require additional advance payments or deposits if we determine that the initial payment was inadequate. Based on your creditworthiness as we determine it, we may establish a credit limit and restrict service or features. If your account balance goes beyond the limit we set for you, we may immediately interrupt or suspend service until your balance is brought below the limit. Any charges you incur in excess of your limit become immediately due. If you have more than one account with us, you must keep all accounts in good standing to maintain service. If one account is past due or over its limit, all accounts in your name are subject to interruption or termination and all other available collection remedies.
LATE PAYMENT CHARGES. Late payment charges are based on the state which is listed in the billing address. You agree that for amounts not paid by the due date, Sageplan may charge, as a part of its rates and charges, and you agree to pay, a late payment fee of $5.00 in CT, D.C., DE, IL, KS, MA, MD, MI, MO, NH, NJ, NY, PA, OK, OH, RI, VA, WI, WV; the late payment charge is 1.5% of the balance carried forward to the next bill in all other states.
TERMINATION. Either party may terminate this Agreement at any time after your Service Commitment ends with thirty (30) days notice to the other party. We may terminate this Agreement at any time without notice if we cease to provide service in your area. We may interrupt or terminate your service without notice for any conduct that we believe violates this Agreement or any terms and conditions of your plan, or if you behave in an abusive, derogatory or similarly unreasonable manner with any of our representatives, or if we discover that you are under-age, or if you fail to make all required payments when due or if we have reasonable cause to believe that your Equipment is being used for an unlawful purpose or in a way that may adversely affect our service, or if you provided inaccurate credit information or we believe your credit has deteriorated and you refuse to pay any requested advance payment or deposit.
GUARANTY. If I am signing on behalf of an entity, I represent that I am authorized to sign on its behalf, and I agree to be bound by this Agreement and to be jointly responsible with the entity for payment of any sums that become due under this Agreement. I hereby guaranty the prompt payment and performance by such entity of its obligations under this Agreement and agree that Sageplan can collect directly from me without first proceeding against the entity.
SERVICE/COVERAGE LIMITATIONS. Service is not available at all times in all places. There are gaps in coverage within the wireless service areas shown on coverage maps, which, by their nature, are only approximations of actual coverage. Tracking services may not be available from time to time due to issues including, but not limited to, internet outages and server maintenance. I accept Sageplan’s service with these limitations. Sageplan is not responsible for interruptions in service that are outside of the reasonable control of Sageplan.
ADDITIONAL SERVICE LIMITATIONS; LIMITATION OF LIABILITY. Service may be interrupted, delayed or otherwise limited for a variety of reasons, including environmental conditions, unavailability of radio frequency channels, system capacity, priority access by National Security and Emergency Preparedness personnel in the event of a disaster or emergency, coordination with other systems, equipment modifications and repairs, and problems with the facilities of interconnecting carriers. We may, but do not have the obligation to, refuse to transmit any information through the Service and may screen and delete information prior to delivery of that information to you. There are gaps in service within the service areas shown on coverage maps, which, by their nature, are only approximations of actual coverage. Tracking telemetry is stored on our servers for a maximum of 120 days, after which time it is permanently deleted from our servers. WE DO NOT GUARANTEE YOU UNINTERRUPTED SERVICE OR COVERAGE. Sageplan MAKES NO WARRANTY, EXPRESS OR IMPLIED, OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, SUITABILITY, OR PERFORMANCE REGARDING ANY SERVICES OR GOODS, AND IN NO EVENT SHALL Sageplan BE LIABLE, WHETHER OR NOT DUE TO ITS OWN NEGLIGENCE, for any: (a) act or omission of a third party; (b) mistakes, omissions, interruptions, errors, failures to transmit, delays or defects in the service provided by or through us; (c) damage or injury caused by the use of service or Equipment, including use in a vehicle; (d) claim against you by third parties; or (e) damage or injury caused by a suspension or termination of service by Sageplan. Notwithstanding the foregoing, if your service is interrupted for 24 or more continuous hours by a cause within our control, we will issue you, upon request, a credit equal to a pro-rata adjustment of the monthly service fee for the time period your service was unavailable, not to exceed the monthly service fee. Our liability to you for service failures is limited solely to the credit set forth above. Unless applicable law precludes parties from contracting to so limit liability, and provided such law does not discriminate against arbitration clauses, Sageplan shall not be liable for any indirect, special, punitive, incidental or consequential losses or damages you or any third party may suffer by use of, or inability to use, service or Equipment provided by or through Sageplan, including loss of business or goodwill, revenue or profits, or claims of personal injuries. To the full extent allowed by law, you hereby release, indemnify, and hold Sageplan and its officers, directors, employees and agents harmless from and against any and all claims of any person or entity for damages of any nature arising in any way from or relating to, directly or indirectly, service provided by Sageplan or any person’s use thereof or of the Equipment, INCLUDING CLAIMS ARISING IN WHOLE OR IN PART FROM THE ALLEGED NEGLIGENCE OF Sageplan, or any violation by you of this Agreement. This obligation shall survive termination of your service with Sageplan. Sageplan is not liable to you for changes in operation, equipment or technology that cause your Equipment or software to be rendered obsolete or require modification. SOME STATES, INCLUDING THE STATE OF KANSAS, DO NOT ALLOW DISCLAIMERS OF IMPLIED WARRANTIES OR LIMITS ON REMEDIES FOR BREACH. THEREFORE, THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THIS AGREEMENT GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE.
CREDIT CHECK CONSENT AND REPORTING AUTHORIZATION. I authorize any person, or consumer or credit reporting agency, to provide Sageplan with any information it has on me or the entity on whose behalf I make this application. You authorize us to provide information about and to make changes to your account, including adding new service, upon the direction of any person able to provide information we deem sufficient to identify you.
ARBITRATION. Please read this carefully. It affects your rights. Sageplan and you (such references include our respective subsidiaries, affiliates, predecessors in interest, successors and assigns) agree to arbitrate all disputes and claims (including ones that already are the subject of litigation) arising out of or relating to this Agreement, or to any prior oral or written agreement, for Equipment or services between Sageplan and you. Notwithstanding the foregoing, either party may bring an individual action in small claims court. This Agreement evidences a transaction in interstate commerce, and thus the Federal Arbitration Act governs the interpretation and enforcement of this provision. A party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Intent to Arbitrate (“Notice”). The Notice to Sageplan should be addressed to(“Arbitration Notice Address”): General Counsel, Sageplan, Inc., 13915 N Mopac Expy, STE 404, Austin, Tx 78728.
The Notice must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought (“Demand”). If we do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or Sageplan may commence an arbitration proceeding. All issues are for the arbitrator to decide, including the scope of this arbitration clause, but the arbitrator is bound by the terms of this Agreement. The arbitration shall be governed by the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by this Agreement, and shall be administered by the AAA. You agree that, by entering into this Agreement, you and Sageplan are waiving the right to a trial by jury. Unless Sageplan and you agree otherwise, all hearings conducted as part of the arbitration shall take place in Travis County in the State of Texas.
MISCELLANEOUS. This Agreement, the terms published on our website, or any rate brochure(s) describing your plan and services, and any documents expressly referred to herein or therein, make up the complete agreement between you and Sageplan, and supersede any and all prior agreements and understandings relating to the subject matter of this Agreement. If any provision of this Agreement is found to be unenforceable by a court or agency of competent jurisdiction, the remaining provisions will remain in full force and effect. Sageplan may assign this Agreement, but you may not assign this Agreement without our prior written consent. The law of the state of your billing address shall govern this Agreement except to the extent that such law is preempted by or inconsistent with applicable federal law. We reserve the right to contact you by any means regarding customer service related notifications, or other such information. The original version of this Agreement is the English language. Any discrepancy or conflicts between the English version and any other language version will be resolved with reference to and by interpreting the English version.
I HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THIS AGREEMENT.